HomeMy WebLinkAbout5390E P 1984 3ODK 221
RESOLUTION NO, 5390
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION AND PUEBLO WEST METROPOLITAN
DISTRICT RELATING TO RELEASE OF LAND
FROM THE CITY'S LEASE OF THE HONOR FARM
PROPERTY.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1.
The Agreement dated May 2g, 1984 between the City of Pueblo,
a Municipal Corporation, and Pueblo West
relating to the release and surrender of
land from the City's lease of Honor Farm
of an easement, a copy of which is attac]
herein, having been approved by the City
approved.
SECTION 2.
Metropolitan District
a 40 acre portion of
Property and the granting
zed hereto and incorporated
Attorney, is hereby
The President of the City Council is hereby authorized and
directed to execute the Agreement for and on behalf of the City
and the City Clerk is directed to affix the seal of the City thereto
and attest same.
ATTEST:
Cit e rk
INTRODUCED May 2°, 1984
BY MIKE OCCHIATO
Councilman
APPROVE .
resident _ he City Council
AGREEMENT
IS AGREEMENT is made and entered into thisc
day of Y,q , 1984, by and between Pueblo West Metro-
politan YlsMct, hereinafter called the "District ", and
Pueblo, a Municipal Corporation, Pueblo, Colorado, hereinaf-
ter called the "City ",
WHEREAS, the City has entered into a lease agree-
ment dated June 24, 1974, leasing certain described property
from the State of Colorado, and
WHEREAS, Pueblo West Metropolitan District has
acquired title from the State of Colorado in and to the 40
acre tract described on Exhibit "A" attached hereto and
incorporated herein, and has acquired from the State of
Colorado a permanent easement and temporary easements over
adjacent property also leased to the City of Pueblo, said
easements are set forth in Exhibits "B" and "C" attached
hereto and incorporated herein, and
WHEREAS, the District has requested the City to
surrender its leasehold interest in and to the 40 acre tract
owned by the District and to grant an easement in and over
adjacent land as set forth on Exhibit "A ", "B" and "C ",
attached hereto and incorporated herein and the District has
acquired said property interest from the State of Colorado,
and makes these requests of the City in order to construct a
new sewage treatment facility on said property, and
WHEREAS, Pueblo West Metropolitan District ac-
quired said 40 acre tract and easements from the State of
Colorado with the consent of the State of Colorado and for
the specific purpose of constructing a sewage treatment
facility and pipeline leading to said facility, and
WHEREAS, the City desires to comply with the
District's request insofar as it is authorized to do so
under the lease agreement between the City and the State of
Colorado.
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES
as follows:
1. The City hereby surrenders all of its interest
acquired by and through a certain lease agreement dated June
24, 1974, by and between the State of Colorado and the City
to that 40 acre tract described on Exhibit "A" attached
hereto and incorporated herein.
2. The City hereby grants a permanent easement to
Pueblo West Metropolitan District in and to that tract of
land described on Exhibit "B" attached hereto and
incorporated herein for purposes of a sewer pipeline and
repair and maintenance of said pipeline in so far as it is
within the authority of City to do so.
3. City hereby grants unto Pueblo West Metropoli-
tan District a temporary easement in and to that property
described on Exhibit "C" attached hereto and incorporated
herein by reference for purposes of construction of the
sewer line in so far as it is within the authority of the
City to do so.
4. Pueblo West Metropolitan District shall use
said 40 acre tract for purpose of constructing a sewage
treatment facility.
IN WITNESS WHEREOF, the parties have caused this
Agreement to be duly approved and executed as of the ('
day of 1984.
i
PUEBLO, A MUNICIPAL CORPORATIQN
A
President, City Council of Pueblo
ATTEST:
Cit Clerk of Pueblo, Co r a o
PUEBLO WEST METROPO�ITAN1 DISTRICT
Pr-Oident and Chairmari-- tie Board
ATTEST:
I
ecretary
The E. 1/2
and the W.
of Section
65 West of
being more
of the N.W. 1/4 of the
1/2 of the N.E. 1/4 of
16, Township 20 South,
the 6th P.M., Pueblo C
particularly described
N.W. 1/4
the N.W. 1/4
Range
aunty, Colorado,
as follows:
Considering the west line of the NW 1/4 of said
Section 16, to bear N 01° 10' 29" W, according
to that Survey Pueblo West, Colorado, recorded
in Book 1689, Pages 49 -58 of the records of the
Pueblo County Clerk and Recorder.
Beginning at a point on the north line of said
NW 1/4 from which the NW corner of said Section
16 bears N 89° 56' 50" W, a distance of 660.00
feet; thence S. 89 56' 50" E. continuing
along said North line a distance of 1320.00
feet; thence S. 00 03' 10" W. a distance
of 1320.00 feet; thence N. 89 56' 50" W.
a distance of 1320.00 feet; thence N 00 03' 10"
E a distance of 1320.00 feet, tO the point of
beginning. Said parcel contains 40 acres more
or less.
M
EXHIBIT "A"
BOOK 2211 P;aGL 6 ? 4
A perrinent easement located in the NW 1/4 of Section
16, Township 20 South, Range 65 West of the 6th P.M. for
sewer pipeline, and repair and maintenance of said pipeline,
said easement described as follows: A strip of land 20 feet
in width, being 10 feet on each side, measured at right
angles and parallel with the following described centerline:
Beginning at a point on the West line of said NW 1/4
from which the NW corner of said Section 16 bears
N. 01 10' 29" W. a distance of 740.14 feet,
thence S. 80° 11' 19" E. a distance of 266.94
feet; thence S. 78° 56' 16" E. a distance of
388.21 feet to the Point of Terminus from which
point said NW corner bears N. 37 28' 20" W.
a.distance of 1083.55 feet.
It being understood that the sidelines of said
easement extend or shorten as necessary to
intersect the sidelines of the preceding and
following courses and the sideline of the first
and last courses extend or shorten as necessary
to intersect the property lines and section lines
of which the point of beginning and the Point of
Terminus are a part.
M M
EMIIBIT "B"
BOOK. V�j,' 6 ?5
A temporary easement located in the NW 1/4 of Section
16, Township 20 South, Range 65 West of the 6th P.M. for
construction of the sewer pipeline, 50 feet in width, being
25 feet on each side, measured at right angles and parallel
with the following described centerline:
Beginning at a point on the West line of said NW 1/4
from which the NW corner of said Section 16 bears
N. 01 10' 29" 11. a distance of 740.14 feet,
thence S. 80° 11' 19" E. a distance of 266.94
feet; thence S. 78 56' 16" E. a distance of
388.21 feet to the Point of Terminus from which
point said NW corner bears N. 37 28' 20" W.
a distance of 1083.55 feet.
It being understood that the sidelines of said
easement extend or shorten as necessary to
intersect the sidelines of the *receding and
following courses and the sideline of the first
and last courses extend or shorten as necessary
to intersect the property lines and section lines
of which the point of beginning and the Point of
Terminus are a part.
And:
A temporary construction easement located in the
N.W. 1/4 of Section 16, Township 20 South, Range
65 West of the 6th Principal Meridian, County of
Pueblo, State of Colorado, described as follows:
Commencing at the NW corner of said Section 16,
thence S 01° 10' 29" E along the west line of
said NW 1/4 of Sction 16, 740.14 feet; thence
S 80 11' 19" E. 266.94 feet; thence S 78 56'
16" E, 13.06 feet to the POINT OF BEGINNING;
thence N 11 03' 44" E, 180.00 feet; thence
S 78° 56' 16" E, 320.00 feet; thence S 11 03'
44" W, 180.00 feet; thence N 78 56' 16" W,
320.00 feet to the Point of Begininng and there
terminating.
Said temporary construction easement contains
1.322 acres more or less.
O
__,_ DalIBIT "C" _