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