HomeMy WebLinkAbout06696Reception 1391976
07/12/2001
ORDINANCE NO. 6696
AN ORDINANCE VACATING AN ALLEY LYING SOUTH OF
WEST 16 STREET AND EAST OF GREENWOOD STREET
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
.r,F.C'TTON 1
All of the alley, being 16 feet in width, as platted in Block 1 in Bartlett and Miller's
Addition to Pueblo, according to the recorded plat thereof, filed for record February 9, 1872 and
in Block 29 in Henry C. Brown's First Addition to the City of Pueblo, according to the recorded
plat thereof, filed for record May 25, 1889
is hereby vacated.
SECTION 2.
This ordinance shall become effective immediately upon final passage and approval.
INTRODUCED: April 23, 2001
� BY: Rich Gofenda
,-,,J�C ,rjLTRS
APPROVED:
71
1PU §1 - DENT ' 0V CITY COUNCIL
ATTESTED BY: Dk --- S� tzt=103\
TY CLERK
PASSED AND APPROVED: Jilne 25, 2001
Reception 1391975
07/12/2001
PRIVATE SEWER EASEMENT AGREEMENT AND COVENANT
THIS AGREEMENT made and entered into this (!" t> day of
2001 by and between PARKVIEW MEDICAL CENTER PARTNERSHIP and PARKVIEW
HEALTH SYSTEMS, INC. In consideration of the City of Pueblo vacating the alley
described in this agreement and the mutual covenants and agreements set forth herein,
the parties enter into this agreement.
PARKVIEW MEDICAL CENTER PARTNERSHIP is currently the owner of the East 5 feet of
Lot 12 and all of Lots 13, 14 and 15, Block 1 in Bartlett and Miller's Addition to the City
of Pueblo and the S 1 /2 of fractional Block 29 in Henry C. Brown's First Addition to the
City of Pueblo. PARKVIEW HEALTH SYSTEMS, INC. is currently the owner of Lots 2
through 11, both inclusive and the West 39 feet of Lot 12, Block 1 in Bartlett and
Miller's Addition to the City of Pueblo and the N 1 /2 of Block 29 in Henry C. Brown's First
Addition to the City of Pueblo.
For convenience of operations of their respective properties, both parties wish to have
the alley in said Block 1 of Bartlett and Miller's Addition and Block 29 of Henry C.
Brown's First Addition vacated and have made application to the City of Pueblo to
vacate said alley.
Currently existing in said alley, is a public sanitary sewer main which serves the lots in
said blocks. Upon vacation of the alley, this sewer will become a private sanitary sewer
and will cease to be maintained, operated and /or replaced by the City of Pueblo.
Both parties agree hereto to maintain, operate and /or replace said private sanitary
sewer effective as of the date of approval by the City of Pueblo of the alley vacation.
Also, both parties hereby grant a perpetual private easement across the vacated alley
for the purpose of maintaining, operating and /or replacing said private sanitary sewer.
Both parties also agree to install a new sanitary sewer manhole in Grand Avenue at said
alley, as requested by the City of Pueblo. Upon said installation, this new manhole will
serve to delineate the public sanitary sewer from the private sanitary sewer.
PARKVIEW MEDICAL CENTER PARTNERSHIP and PARKVIEW HEALTH SYSTEMS, INC.,
as owners of the aforementioned lots, do hereby covenant and agree with the City of
Pueblo that none of these lots shall be sold unless arrangements, satisfactory to the
City, have been made to serve these lot(s) with sanitary sewer. This covenant shall run
with the land 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 party shall be awarded its Court costs and attorney fees. This
agreement shall neither be amended nor modified without the written consent of the
City of Pueblo.
This agreement shall be recorded contemporaneously with the recording of the alley
vacation plat. The agreement shall inure to the benefit of and be binding upon the
parties, their heirs, personal representatives, successors and assigns.
PARKVIEW MEDICAL CENTER PARTNERSHIP
By:
C.W. Smit , Chairman
By - /;( ,, ��- ,,
William Patterson, President
PARKVIEW HEALTH SYSTEMS, INC.
c
By: �CL"A,- 49
James McKinney, Chairma
By: cD /
C.W. Smith, President /CEO
STATE OF COLORADO)
COUNTY PF _PUEBLO j ss.
fi�Wung eement was acknowledged before me by C.W. Smith as Chairman and
Milli er�p as President of Parkview Medical Center Partnership on the
`.day of - M le /k- 2001.
My commission expires: / /r
- )�av - a J,Z'C.2
Notary Aublic
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
l' �e `olxi 6%-agreement was acknowledged before me b James McKinney as
.. 9: , . , 9 Y Y
Ciiair�r n �h ' -C W. Smith as President /CEO of Parkview Health Systems, Inc. on the
c 'day of - M a, 2001.
�•. j1. ommission expires: /� �� 0 Z
All
Notary Kiblic