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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" _