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HomeMy WebLinkAbout06165Reception 1156569 02/07/1997 ORDINANCE NO. 6165 AN ORDINANCE VACATING ALL THE PUBLIC ALLEY BOUNDED BY GRAND AVENUE, GREEN- WOOD, 1ST AND 2ND STREETS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. All of the alley, being 16 feet in width, as platted in Block 47 in that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge of said Pueblo County, in March, 1869, as shown by the recorded plat thereof, AND All of the alley, being 16 feet in width, as platted in Block 3 in the State Addition to the City of Pueblo accord- ing to the recorded plat thereof, filed for record January 28, 1878, is hereby vacated. SECTION 2. This ordinance shall become effective immediatly upon final passage and approval. p ATT . - - AN-- � *iCity Clerk INTRODUCED danuary 11 , 1997 BY John Verna Councilperson APPROVED Presi nt of the Council 12/27/96 Reception 1156571 02/07/1997 PRIVATE SEWER AND EASEMENT AGREEMENT AND COVENANT THIS AGREEMENT made and entered into this 'd day of v' —k .1 , 1996 by and between Rush's Pueblo Lumber Company, Successor to Pueblo Lumber Company (Rush), and Bernard M. Hurley, Jr. (Hurley). In consideration of the mutual covenants and agreements set forth herein, the parties enter into this Agreement. Hurley is currently the owner of Lots 3 and 4, Block 47, Pueblo Subdivision, City of Pueblo, County of Pueblo, State of Colorado, also described as the South 1 /2 of fractional Block 47, except the alley right -of -way ( Hurley's property). Rush owns Lots 1 and 2, Block 47, Pueblo Subdivision, also described as the North 1 /2 of fractional Block 47, except the alley right -of -way, and Lots 1 through 10, Block 3, State Addition to the City of Pueblo, (except for that portion of Lots 4 and 5 in said Block 3 formerly owned by the AT &SF Railway Company now owned by the State of Colorado, because it was abandoned by the Railway Company) ( "Rush's Property"). The portion of said Lots 4 and 5 now owned by the State of Colorado abuts on Second Street and on Greenwood Street but does not abut on the alley that runs through the block. Rush has applied to the City of Pueblo to vacate the alley which currently runs east and west between Grand Avenue and Greenwood Street the entire length of said Block 47 and Block 3, said alley being 16 feet in width north and south (the Alley). These blocks are bounded by First Street on the South, Second Street on the North, Greenwood Street on the West, and Grand Avenue on the East. There is currently located in the Alley a public sanitary sewer line, the eastern portion of which serves Hurley's property and the balance which serves Rush's property. Rush and Hurley Book: 2968 Page: 310 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. both agree to the vacation of the Alley and that upon such vacation, the sewer line in the vacated Alley will be a private sanitary sewer line and will not be maintained, operated or replaced by the City of Pueblo. Rush agrees to maintain, operate and replace the private sewer line and all connections thereto and to the public sewer which will he in the vacated Alley adjacent to Hurley's property and to Rush's property and extends east from the dead end manhole on the east side of Greenwood Street to the manhole on the public sewer main in Grand Avenue. Hurley grants to Rush a perpetual easement across the vacated Alley adjacent to Hurley'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 approval of alley vacation. Hurley joins in this Agreement solely for the purpose of the vacation of the Alley, the private sewer and easement and not with respect to the following covenant which is the sole responsibility of Rush. Rush agrees to indemnify and hold Hurley harmless from any claim by the City of Pueblo against Hurley as the result of the following covenant. Rush as owner covenants and agrees with the City of Pueblo that no portion of Rush'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 not be directly connected with a public sewer. This Covenant shall run with Rush's property and may be enforced by the City of Pueblo in an action at law or in equity or by withholding building permits or subdivision approvals. In the event of such litigation, the successful parry shall be awarded its Court costs and attorney fees. This Agreement shall be recorded contemporaneously with the recording of the Alley vacation plat, and shall inure to the benefit of and be binding upon the parties, their heirs, personal representatives, successors and assigns. Book: 2968 Page: 311 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. RUSH'S PUEBLO LUMBER CO. David E. Rush - to/v .s t � f Bernard M. Hurley, Jr. ST ki f COLORADO ) vSs; ) ss. C;� PUEBLO ) P; , �- \ Yh4 joiegoing Agreement was qcknowledged before me by David E. Rush as President of ':; Rush'slo Lumber Co. on the ay of , 1996. u My commission expires: OrLd-v,- / 19 5L Notary Public STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foreg 'ng Agreement was acknowledged before me by Bernard M. Huriey, Jr. on the L` day of 466h 1996. My commission expires EL ��- Z 6, L4 Notary Public 3