HomeMy WebLinkAbout6486RESOLUTION NO. 6486
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND JOHN
RIEBSCHLAGER AND DONNA J. RIEBSCHLAGER
RELATING TO ANNEXATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated January 8, 1990 between Pueblo, a
Municipal Corporation and John Riebschlager and Donna J.
Riebschlager relating to annexation, a copy of which is attached
hereto, having been approved by the City Attorney, is hereby
approved.
CP0TTnM 0
The President of the City Council is authorized to execute
and deliver the Agreement in the name of Pueblo and the City Clerk
is directed to affix the seal of the City thereto, attest same,
and record the Agreement in the office of the Pueblo County Clerk
and Recorder.
INTRODUCED: January 8, 1990
By HOWARD WHTTT,OC'K
Councilman
ATTEST: APPROV D:
l
Ckty Clerk P esident of the City Council
AGREEMENT
AGREEMENT made
Municipal Corporation,
(the "City ") and John
South 30 -1/2 Lane,
Owners "), WITNESSETH:
as of January 8, 1990 between Pueblo, a
1 City Hall Place, Pueblo, Colorado, 81003
Riebschlager and Donna J. Riebschlager, 134
Pueblo, Colorado, 81006 (the "Property
WHEREAS, Property Owners have made application for and are
now receiving extraterritorial water service from the Board of
Water Works of Pueblo, Colorado, and
WHEREAS, Property Owners are required by the provisions of
Chapter 2, title XVI of the 1971 Code of Ordinances of the City of
Pueblo to apply for and consent to the annexation of their
property receiving extraterritorial water services, and
WHEREFORE, City and Property Owners do not desire to have the
property annexed at this time;
NOW, THEREFORE, in consideration of the foregoing and mutual
covenants contained herein, City and Property Owners agree:
1. Property Owners represent and warrant they are the
owners in fee simple of the real property located in Pueblo
County, Colorado and described in the attached Exhibit "A" (the
"Property ") and the Property is presently receiving extraterritor-
ial water services from the Board of Water Works of Pueblo,
Colorado.
2. Property Owners and City acknowledge and agree that it
would not, at this time, be in the best interests of either City
of Property Owners to annex the Property to the City and Property
Owners will not now be required to make application for such
annexation.
3. Property Owners will, within thirty (30) days after
written request from City, apply for or consent to the annexation
of the Property to the City. The phrase "to apply for or consent
to the annexation" as used herein includes, without limitation,
(i) the signing of a petition to annex the Property to the City
without an election, (ii) voting for annexation if the Property or
any part thereof is included in an area proposed to be annexed to
the City in a proceedings requiring an annexation election, and
(iii) not signing or initiating a petition for an annexation
election.
4. Time is of the essence hereof. If Property Owners shall
default in the performance of any of its obligations hereunder,
City may either specifically enforce this Agreement or at City's
option, cause the extraterritorial water service to the Property
to be discontinued, and recover its costs including reasonable
attorney fees.
5. This Agreement will be recorded in the office of the
Pueblo County Clerk and Recorder and shall be a covenant running
with the Property binding upon and inuring to the benefit of City
and Property Owners and their respective heirs, personal
representatives, successors and assigns.
Executed at Pueblo, Colorado.
PUEBLO, A MUNICIPAL CORPORATION
" Pr ident of the Ci Council
Attest:
Ci y Clerk
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
John R. Riebschlager
Donna J. Riebschlager
The fore g i g instrument was acknowl ged befo me this
16`� day of 1990 by as
President of t Pueblo Ci Council and as
City Clerk of t e City of Pueblo.
Witness my hand and of
My commission expires:
[S E A L)
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this
day of 1990 by John Riebschlager and
Donna J. Riebschlager.
Witness my hand and official seal.
My commission expires:
[S E A L]
TJ 41.29
Notary Public
-2-
A certain parcel of land, situated in the BE 1/4 of the BE 1/4
of Section 25, Township 20 South, Range 64 west, more parti-
cularly described as follows:
COMMENCING at the SW corner of the BE 1/4 of the BE 1/4 of
Section 25, Township 20 South, Range 64 West,
thence Northerly along the West line of the said BE 1/4 of
the BE 1/4 of Section 25, a distance of 81.35 feet to the
POINT OF BEGINNING of the herein described parcel of land;
thence continuing northerly along the said west line of the
BE 1/4 of the BE 1/4 of Section 25, a distance of 257.48 feet
to a point on the Southerly right of way line of Colorado
State Highway No. 96;
thence Easterly along the said Southerly right of way line, a
distance of 338.36 feet;
thence Southerly a distance of 257.48 feet to a point;
thence Westerly a distance of 339.22 feet to the POINT OF
BEGINNING.
EXHIBIT "A"