HomeMy WebLinkAbout05950Reception 1082174
06/02/1995
ORDINANCE NO 5950
·
AN ORDINANCE VACATING THE EAST-WEST ALLEY
BOUNDED BY COURT STREET, GRAND AVENUE, W.
5TH STREET AND W. 6TH STREET
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1.
All of the alley lying within Block 38 of Pueblo Subdivi-
sion, according to the recorded plat thereof, filed for
record in March 1869, Pueblo County Records, State of
Colorado,
is hereby vacated, reserving, however, to the City of Pueblo
and utility owners the right at all times to repair, operate
or replace existing utilities and sewer and water lines, and
mains together with the right of ingress and egress to accom-
plish same·
SECTION 2.
The reservation set forth in Section 1 hereof shall auto-
matically terminate upon recording in the Pueblo County Clerk
and Recorder's office a verified statement of the Director of
Public Works of the City of Pueblo certifying that all utili-
ties and sewer and water lines, and mains existing in said
vacated alley have been removed or abandoned·
SECTION 3.
This ordinance shall become effective immediately upon
final passage and approval·
INTRODUCED MARCH 27 , 1995
By Charles Jones
Councilperson
Reception 1082175
09/02/1995
PRIVATE SEWER AND EASEMENT AGREEMENT AND COVENANT
THIS AGREEMENT made and entered into this /7~-~-day of
~1995 by and between the PUEBLO BANK & TRUST CO. and its
wholly owned subsidiary 5TH AND COURT COMPANY ( collectively 5th
and Court) and MARK S. SHOOK (Shook). In consideration of the
mutual covenants and agreements set forth herein the parties enter
into this Agreement.
Shook is currently the owner of Lots 9 and 10, Block 38,
City of Pueblo, County of Pueblo, State of Colorado, also described
as a tract of land in the southwest corner of Block 38 being 88
feet in width along Fifth Street and 120 feet in depth to the alley
(Shook's Property). Shook's Property is outlined in pink on the
attached map. 5th and Court owns the balance of Block 38, City of
Pueblo, also described as Lots 1 through 8 and Lots 11 through 16,
Block 38, City of Pueblo, County of Pueblo, State of Colorado (Sth
and Court's Property).
5th and Court has applied to the City of Pueblo to vacate
the alley which currently runs east - west between Grand and Court
Streets the entire length of Block 38, said alley being 16 feet in
width north and south (the Alley). The Alley is outlined in yellow
on the attached map.
There is currently located in the Alley a public sewer
line, the western portion of which serves Shook's Property and the
balance of which serves 5th and Court's Property. 5th and Court
and Shook both agree to the vacation of the Alley and that the
sewer line in the vacated Alley will be a private sewer line and
will not be maintained by the City of Pueblo. 5th and Court agrees
to maintain the private sewer line which will lie in the vacated
Alley adjacent to Shook's Property and extends east to the public
sewer main in Court Street and west to the public sewer main in
Grand Avenue. Shook grants to 5th and Court a perpetual easement
across the vacated Alley adjacent to Shook's Property for the
purpose of maintaining, operating and replacing such private sewer.
This perpetual easement shall be effective as of the date of the
execution of this Agreement. The agreement to maintain the private
sewer applies only to the private sewer located in the vacated
Alley and does not apply to any portion of the sewer located on
Shook's Property lying south-of the vacated Alley.
Shook joins in this Agreement solely for the purpose of the
private sewer and easement and not with respect to the following
covenant which is the sole responsibility of 5th and Court. 5th and
Court agrees to indemnify and hold Shook harmless from any claim by
the City of Pueblo against Shook as the result of the following
covenant.
5th and Court Company as owner covenants and agrees with
the City of Pueblo that no portion of 5th and Court's Property and
adjacent vacated alley shall be sold that is not contiguous to a
public sewer or so located that any improvement thereon may be
directly connected with a public sewer. This Covenant may be
enforced by the City of Pueblo in an action at law or by
withholding building permits. In the event of such litigation the
successful party shall be awarded its court costs and attorney
fees.
This Agreement shall inure to the benefit of and be
binding upon the parties, their heirs, personal representatives,
successors and assigns.
THE PUEBLO BANK & TRUST CO. 5TH AND COURT COMPANY
/ M~S oO~ ~/
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The f regoing Agreement was ac n ledged before me by
Pueblo Bank & T o. on the /~c-day of ~~ 1995.
The foregoing Agreement was acknowledged before me by
Ma=k s. Shook on the Z~ day of.~,
My commission expires
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