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HomeMy WebLinkAbout06617Reception 1366606 01/22/2001 ORDINANCE NO. 6617 AN ORDINANCE VACATING ALLEYS LYING SOUTH OF `B" STREET AND EAST OF SOUTH UNION AVENUE BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. All of the alley lying between Lots 13 through 16 and Lots 17 through 20, Block 57, located in South Pueblo according to the recorded plat thereof, filed for record December 13, 1872, Pueblo County Records; AND All of the alley lying between Lots 13 through 16 and Lots 17 through 20, Block 67, and also lying North of an unnamed road vacated per Ordinance No. 144 passed November 19, 1888 located in South Pueblo according to the recorded plat thereof, filed for record Dcember 13, 1872, Pueblo County Records are hereby vacated. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. AT GIST: Wall- City Clerk ` INTRODUCED November 13, 2000 BY R' outcilperson APPROVE �• 11 I t President of the Council PASSED AND APPROVED November 27, 2000 11/3/00 Reception 1366608 01/22/2001 ERVATE .SEWER EASEMENT AGREEMENT AND COVENANTS THIS AGREEMENT made and entered into this 96( day of 2000 by and between AMP and Associates, Inc. and Arthur Escobado. n consideration of the mutual covenants and agreements set forth herein, these parties enter into this Agreement, AMP and Associates, Inc. currently owns Lots 8, 9, 10, 21, 22, and 23 and portions of Lots 6, 7, 24, 25 mW 26 and the vacated alley between and abutting these lots in Block 57, South Pueblo. Arthur Escobado owns Lots 11, 12, 13, 14,15, 16, 17,18, 19 and 20 in Block 57 of said subdivision as well as that portion of "B" Street adjacent to Lot 16 vacated - by Ordinance recorded September 17, 1948 in Book 1077 at Page 42, Pueblo County, Colorado. All of these lots and the existing sewer in the alley in Block 57 are shown on the attached map (Exhibit A� ANfP and _Associates, Inc. and Arthur Escobado have applied to the City of Pueblo to vacate the alley which currently runs north and south between "B" Street and the southern line of Lots 13 and 20 in Block 57, South Pueblo. The alley is 20 feet in width, east -and west. There is currently located in the alley a public sanitary sewer that ,services Lots I1 through 16 and 17 through 22 in Block 57. The sewer line is abandoned to all lots south of the southern lines of Lots i i and 22 in Block 57. AMP and Associates, Inc., and Arthur Escobado 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 that it will not be maintained, operated or replaced by the City. of Pueblo. AMP and Associates. Inc. and Arthw Escobado agree to maintain, operate and, if necessary, replace the private sewer line and all connections thereto. Also, both parties hereby grant a private easement across the vacated alley for the purpose of maintaining, operating and / or replacing said private sanitary sewer. AMP and Associates, Inc. and Arthur Escobado further agree to construct, at their expense, a manhole in "B" Street which will enable the City of Pueblo to maintain the public sewer line between "B" Street and "C" Street. Erh_ibit A indicates the appro location -of the manhole to be tonstracted in "B" Strut. The .manhole and sewer line lying north of the manhole will be Public facilities, the sewer line lying scat -h of the _ We will -be Private €aeff ties. 111111111111111111111111111111111111111111111111111 IN 1366608 01/22/2001 11:17A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk & Roe Ilflll IIIiI Ilill 1111111 1111 11111 111111 III filll Ilil III 1366608 01/22/2001 11:17A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Ct.y Clerk & Rae Private Sewer Easement Agreement aid -Covenants 1age 2 of 2 AMP and Associates, Inc. and Arthur Escobado, as owners, covenant and agree with the City of Pueblo that no portion of AMP and Associates, Inc. and Arthur Escobado's properties north of the southern line of Lots 1 i and 22 shall be sold that are not contiguous to a public sewer or so located that any improvement thereon may not tie directly connected with a public sewer. This Covenant shall run with AMP and Associates, Ine. and Arthur Esrobado's properties and may be Enforced by the City .of Pueblo in an action at law or in — equity -or by withholding buildin permits -or subdivision approvals. In the -event -of such litigation. the successful party shall be awarded its Court costs and attorney fees. This Agreement shall 'be reeorded contemporaneously with the reeording 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. _A__M__P and _Associates, Inc. Arthur Escobado Iic�ae A. Escobado Owner Se€retary Treasure� 11L /,01W, j COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing agreement was acknowledged before me by Michael A. E ;7day do as Vice President AMP and Associates, Inc. and Arthur Escobado this of 20N. w Witness my band and official seal. My commiWon expires otary Public To G" street te r-- E48#rq sw*try Sewer to Renwri fttbnc Prnpveed t8" ./ Menf+ote --� "i?" Street J ow C r r r W r+ W m� tr ._ m _ N ti K A s Re 3 C 0 3 o 0 � 40 Feet ± --- ' = == _ =_ -___ __ •/ 1-7 -- 7 _ U .vu6'rccry OriCK B(ay. 1 BBlo 1 i / kt(o((itGS tf°war -.l '1 , a 1 5 /5 a; r Blocb • - or --------- ----- ✓i � � � /�'„ � ,n ;ticJt sa��cK structure /%% Brick 91ao ! ii? ' sovrx P VEBLo 20 - -- . C. y� N L 27 -- -- - -- - ------ - - -- -- --- - -- = 22 10 23 -9 2 E 25 8 7 26 b 27 s 28 ti 12 7l 9 fl �I EXIMIT A c 1366609 01/22/2001 11:17A EASE Chris C. Munoz 1 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted thi42 — Z day of Arthur Escobado and AMP & Associate g, Inc., GRANTORS, to PUEBLO, A Municipal Corporation GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a twenty four (24) foot easement and right of way for the purpose of public access (ingress and egress), in through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: See Exhibits A and C TOGETHER WITH the right to enter upon the Property for the purposes of public access and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and.prisrilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTORS shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. In the event that the buildings located on Lots 15,15,14 and 13 in Bloch 5 South Pueblo are demolished and in the event that said lots are sold to parties other than GRANTOR. GRANTOR shall grant the additional public right -of -way easements described on Exhibit B and indicated on Exhibit C. GRANTORS warrant to GRANTEE that GRANTORS (a) have good and sufficient right and title in and to the Property and -full power to grant this easement -and right-of-way, and *) will defend GRAN'DEE'S quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and the feminine. This Easement and Right-of-Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTORS and GRANTEE. SIGNED this day of _Z&Y GRANTORS: AMP and Asso0ates,Inc. Arthur obado � 1 � r COUNTY OF PUEBLO ) ) ss. STATE OF COLOKADO ) The foregoing instrument was acknowledged before me this�T day of aQ� Witness my hand and official seat. M y commission expires: --a 0 V X / N ary Public Y �'G �; U •v 4 111 111111111 IN 1366609 01/22/2001 11:17A EASE Chris C. Munos 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree t=fM tt A A Strip of land lying 12' on both sides of the following described center line located within Section 36, TownsMp 20 South, Range b5 West, of the 6 Principal Meridian, County of Pueblo, Stow of Colorado, be more particularly described as follows: Segueing at dw nwst Easterly Comer of Lot 17, Block 57, of South Pueblo Plat as file for record in Pueblo County December 13, 1872, Thence N45 °00'00 "W along the South Westerly right of way line of Union Avenue a distance of 1 ISM' to the true point of beginning- Thence the following courses. 1. S45WOO "W a distance of 75.04 feet. 2. S97°3311 "W adistanm of 35.29 feet. 3. S45 °a4'40 "W a distance of 12.00 feet 4. S45 °00'40 "E a distance of 14117 feet to the South Easterly line of lot 21. And also Beginning at the most Easterly Corner of Lot 17, Block 57, of South Pueblo Plat as file for record in Pueblo County December 13, 1972, "Thence N45 along the South Westerly right of way line of Union Avenue a distance of 11RM', the S45 a distance of 38.04 feet to the true point of beginning. Thence the following course. 1. S45 0 00'OO "E a.distance of 1 ISM feet to the South Easterly line of lot 18. And also Beginning at the most Northedy Comer of Lot 16, Block 67, of South Pueblo Plat as file for record in Pueblo County December 13, 1872, Thence S45°DO'OU"E along the South Westerly right of way line of Union Avenue a distance of 15OM', to the true point of beginning. Thence the following coarse. 1. S45 °00W "W a diistance of 73.16 feet more or less and lying 3(l' north of the main track of the BN&SF Railroad. Exhibit $ A St6p cif land lying 12' en bode sides of the following described center line located within Section 36, Towmstap 20 South, Range 65 West, of the 6 Principal Meridian, Cory of Pueblo, State of Colorado, be mom particularly described as follows: Beginning at the most Southerly Corner of Lot IS, Block 57, of South Pueblo Plat as file for record in Puebla County December 13, 1872, Said point being the true point of beginning Thence the following course. 1. S45 °00'00 "£ a disuince of 3o.®o feet. And also Beginning at the most Southerly Corner of Lot 13, Block 57, of South Pueblo Plat as file for record in Pueblo County December 13, 1872, Said point being the true point of beginning. Thence the following course. 1. S45 "E a distance of & 13 feet. 111111111111111111111111111111111111111 111111111111 IN 1366609 01/22/2001 11:17A EASE Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk 8 Rec Exhibit (' A .+ w °, o = w Ate_ B � BN N m� c a �m o cn C K A S A 7 N � �n RD � ;u C A 7 0 IIIIIIIIIIIII IN 11111111111111111111111111 1366610 01/22/2001 11:17A EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clerk A Ree EASEMENT AND RIGHT-OF-WAY THIS EASEMENT, granted thisa of � 2, �,OCYi by Arthur Escobado and AMP a4c Associates, Inc.. GRANTORS, to PUEk,0 Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a - twenty four (24) foot easement and right of way for the service and maintenance of the South Main Street Bridge in through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See Exhibits A and C TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTORS shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. GRANTORS warrant to GRANTEE that GRANTORS (a) have good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and the feminine. This Easement and Right -of -Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTORS a d GRANTEE. SIGNED #� day of �Y GRANTORS: rt.tt COUNTY OF PUEBLO STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me thiday of a ", •WIitness my band and official seal. my '1ommission expires. � Q pY +. N ary u is k � 1, Exhibit A A Strip of land lying 12' tin both sides of the following described center line located within Section 36, Tip 20 South, Mange 65 West, of the a Principal Meridian, County of Pueblo, State of Colorado, be more particularly described as follows: Beginning at the nwst £ssterly Corner of Lot 17, Block 57, of South Pueblo Plat as file for record in Pueblo County Deoembe r 13, 1872, Thence N45 0 00'00 "W along the South Westerly right of way line of Union Avenue a distance of 118.00' to the true point of beginning, Thence the following courses. 1. S43°t)0'00 "W a distance of 75.00 feet. 2_ S87°3311 "W adistance of 35.29 feet. 3. S45 °04'00 "W a distance of 12.00 feet 4. S45°00'00 "E a distance of 141.37 feet to the South Easterly line of Lot 21. And also Beginning at the most Easterly Corner of Lot 17, Block 57, of South Pueblo Plat as file for record in Pueblo County December 13, 1872, Thence N45°00'DO"W along the South Westerly right of way line of Union Avenue a distance of 11 R.40', thence S45'00'00 "W a distance of 38.00 feet to the true point of beginning. Thence the following course. 1. S45 WOO "E a.distance of 119M feet to the South Easterly line of lot 18. And also Begitming at the most Northerly Corner of Lot 16, Block b7, of South Pueblo Plat as file for record in Pueblo County Docauber 13, 1872, Thence S45°0900"E along the South Westerly right of way line of Union Avenue a distancee of 150.00', to the true point of beginning. Thence the following course. 1. S45°00'00" W a distance of 7116 feet more or less and lying 30' north of the main track of the BN&SF Railroad. 111111111111111111111111111111 IN 11111111111111111111111111 1366610 01/22/2001 11:17A EASE Chris C. ML 2 of 3 R 13.00 D 0.00 Pueblo C!y Clerk & Ree E 4 ' �t I .` `J 451. 0) .,.L� I?xbibit C *08 8 N Al orgon 11 C 10 n d 00'0 Q 00'gT oun IIII IIII II S'Jy� a U3 LILT : TT T /ZZ /T0 0 988FT III III 111111 IIIII Jill JI IIIII IIIII 111111 l i 43 ' ' 'w 4: ie' rx� . ... ...- ------- --.. --- k � VK•A1[� IMIN S'►ran[r Kl1 /yPROWE Aa 1•I MII ACV. IV. 'is" N poo - m 8 N�jttAlty'tfDll,dotDJ �'"�✓" llp� •k•k, .k k' h �.�'} Cenlw line moon frock A BN &SF 1Rollrood A #.k