HomeMy WebLinkAbout7863Reception #: 1124561 Date: 06/04/1996 Time: 1058 Book: 2897 Page: 575 Chris C. M unoz
Inst: RES R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Cik. &Rec.
RESOLUTION N0. 7863
A RESOLUTION APPROVING AN EASEMENT FROM PUEBLO,
A MUNICIPAL CORPORATION, TO THE CHANDELLE DE-
VELOPMENT COMPANY FOR A PRIVATE ROADWAY ACROSS
THE CITY OWNED PARCEL LOCATED ON THE SOUTH SIDE
OF FORTINO BLVD. BETWEEN CLUB MANOR DRIVE AND
OUTLOOK BLVD.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
r F f T T (l Nl 1
The Easement dated May � t -h, 1996, between Pueblo, a Municipal
Corporation, and The Chandelle Development Company, a copy of which
is attached hereto, having been approved as to form by the City
Attorney, is hereby approved. The President of the City Council is
authorized to execute and deliver the Easement in the name of the
City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
-r
PT°TE6T
INTRODUCED: May 13, 1996
By Charles Jones
Councilperson
APPROVED:
'-&' L9 - -
Presi e t of the Council
';4 C,
City Clerk
Z
Reception #: 1124562 Date: 06/04/1996 Time: 11.00 Book: 2897 Page: 576 Chris C. Munoz
Inst: EASE R Fee: 20.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 4 Pueblo Co.Clk. &Rec.
FASFMFNT
THIS EASEMENT, granted this 1 - j{-h _ day of May, 1996, by PiJEBLO. a
Municipal Corporation, GRANTOR, to ChaW Developm LLc
GRANTEE:
W I T N E S S E T H:
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 ac-
knowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns,
a non - exclusive access easement and right -of -way with an obligation to in-
stall, construct, operate, maintain, replace and remove a roadway and re-
lated appurtenances upon, over, under and across the property which the
Grantor has any interest situated in Pueblo County, Colorado, and described
in the attached Exhibit "A" (the "Property ").
TOGETHER WITH the right of ingress and egress over and across the ad-
joining lands of the GRANTOR to and from the Property for the purpose of
exercising its rights herein granted. GRANTEE will restore the Property
and GRANTOR'S other property damaged during GRANTEE'S construction and
maintenance operations to as near original condition as reasonably possible.
The GRANTOR reserves the right to use and occupy the Property and to grant
or convey the right to use and occupy the Property for any purpose which
does not unreasonably interfere with the rights herein granted.
GRANTEE will indemnify and save harmless GRANTOR, its officers and
employees, from any and all claims, liabilities and expenses (including
reasonable attorney fees) for damage or injury to persons or property
caused or occurring by reason of the negligent or tortious acts or omissions
of GRANTEE, its officers, agents or employees.
This Easement and the covenants, terms, conditions and provisions
hereof shall be binding upon and inure to the benefit of the successors and
assigns of the GRANTOR and GRANTEE. In case of abandonment or non -use of
this Easement for a period of twelve months or more, all rights, privileges,
and,jote est granted herein shall terminate.
PUEBLO, a Municipal Corporation
•" ..:
resident of the Council
VTFST-
City Clerk
Book: 2897 Page: 577 Chris C. Munoz
Page: 2 of 4 Pueblo Co.Clk. &Rec.
COUNTY OF PUEBLO. )
) ss.
STATE OF COLORADO, )
The foregoing instrument was acknowledged before me this 15th day of
May, 1996, by Fay B. Kastelic _ as President of the City Council,
and by Gina Dutcher -----.as City Clerk of Pueblo, a Municipal
Corporation.
Witness my hand and official seal.
Ily commission expires:
N
Al �. ,
,.. J
Notary Public
GRANTEE: CHANDELLE DEVELOPMENT, LLC
By
Name:'
ame : R ,
Title. ------
COUNTY OF Denver )
)ss.
STATE OF Cnlnrac�n )
The foregoing instrument was acknowledged before me this 28th day of
May, 1996 by R obe r t C. Goltermann
Witness my hand and official seal.
My commission expires: 7/7/98
_, � � �J Jam! .' • I, �
�Z3
Votary Public
719586613 T. P. F_Nla I VEERING
.gin.. gi n eer ng, LTA.
4935 North 30th V Street
Colorado Springs, Colorado 80919
(719) 593 -2593 • FAX (719) 528 --6613
1-09 PO4 APR 38 '96 12:48
EAGLE HARDWARF FIL. NO. 1
ACCESS EASEMENT
JOR NO. 9683.13 -6
PAGE 2 OF 2
04/01/96
RE1/ISFD 4/17/96
E)< k i � � A
CITY OF PUEBLO
r'w
ACCE ESMT. ,4i�
2,121 SF - --
N 00'05'54 "E
POINT OF 21.40'
BEGINNING
N90'00'00 " 464.80'
V -
rn
- WEST UNE
� SEC. 1
4
rn
a
z
I
40'
LOT 11
�u>
LOT 10
� 00 LOT 9
COLL_FGE ROAD
SHOPPING CENT - ER
�N64*50'00 _ .._ __ SUBD. Flt NO. 4
906.05 f
PROPOSED
EAGLE HARDWARL
SUED. NO, 1
LOT 8
LOT 7
I
N� vO „W
AS /S
O
� �NG,S 39
JO �S T
50' 25' 0 50' 100'
SCALE: 1” = 50'
CRANE SURDIVI510N
POINT OF
SW'LY CORNER
CRANE: SUES.
THIS DRAWING DOES NOT REPRESENT
A MONUME:NTFD SURVEY AND IS ONLY
INTENDED TO DFPICT THE ATTACHED
LEGAL DFSCRIPTION.
Book: 2897 Page: 578 Chris C. Munoz
Page: 3 of 4 Pueblo Co.Clk. &Rec.
7195206613 J. P,. ENGINEERING
JR Engineering, Ud
LTD.
JOB NO. !468313 - 6
APRIL 1, 1996
PAGE 1 OF 2
REVISED APRIL 17, 1996
LEGAL DESCRIPTION:
109 P03 APR 30 1 96 12:39
OFF -SITE ACCESS EASEMENT
A TRACT OF LAND BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 13, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH
PIAINCIPAL. M( A I DIAN, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORAEK),
BEING MORE:. PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS: THE LINE BETWEEN A NO. 5 REBAR WITH A YELLOW
PLASTIC SURVEYOR'S CAP STAMPED LS 6128 AT THE
SOUTHEAST CORNER OF LOT 2, BLOCK 1, CRANE
SUBDIVISION, RECORDED IN BOOK 2268 AT PAGE 142,
PUEBLO COUNTY RECORDS AND A NO. 4 REBAR WITH
A YELLOW PLASTIC SURVEYOR'S CAP STAMPED LS
12933 AT THE SOUTHWEST CORNER OF GATEWAY
PLAZA, RECORDED IN BOOK 2791 AT PAGE 117, PUEBLO
COUNTY RECORDS, IS ASSUMED TO BEAR N78
WITH A DISTANCE OF 2365.29 FEET,
AN EASEMENT FOR ACCESS PURPOSES OVER AND ACROSS A TRACT OF LANG DESCRIBED
AS FOLLOWS:
COMMENCING AT THE NOR - MERLY RIGHT -OF -WAY LINE OF U.S. HIGHWAY 50 WEST AND
THE SOUTHWESTERLY CORNER OF SAID CRANE SUBDIVISION; THENCE N76 °02'00"W,
ALONG THE SAID NORTHERLY RIGHT-Or-WAY LINE, A DISTANCE OF 1366.39 FEET TO A
POINT ON THE WEST LINE OF SAID SECTION 13; THENCE MOO° 0639"W, ALONG SAID WEST
LINE, A DISTANCE OF 391.71 FEET; THENCE N90 °00'00 "E, LEAVING SAID WEST LINE, A
DISTANCE OF 464.80 FEET; THENCE NCA"50'00 "E, A DISTANCE OF 906.05 FEET TO THE
POINT OF F%FnINNING; THENCE N00 0 05'54 "E, A DISTANCE OF 21.40 FEET; THENCE
N29 41'51 "E, A U1S1 ANCE OI" 87.32 FEET TO A POINT 40.00 FEET WEST OF THE WEST LINE
OF BLOCK 7 OF COLLEGE ROAD SHOPPING CENTER SUBDIVISION, RECORDED IN BOOK
1650 AT PAGE 416, PUEBLO COUNTY RECORDS; THENCE S00 °0554"W ON A LINE 40.00 FEET
WESTERLY FROM AND PARALLEL WITH SAID WEST LINE OF BLOC 7, A DISTANCE OF 76.96
FEET; THENCE S64 °50'00"W, A DI aTANCE OF 47.69 FEET TO THE POINT OF BEGINNING,
CONTAINING A CALCULATED AREA OF 2,121 SQUARE FEET.
LEGAL DESCRIPTION STATEMENT:
I, G. LAWRENCE BURNETT, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE
OF COLORADO, DO HEREBY S TATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE, INFORMATION AND RrFUE F, ARE CORRECT.
•
• r�
0
G. LAWRENCE BURNETT, PRCkGRK
COLORADO P.L.S. NO. 10376 Of
F'OR AN ON RF=HAI F OF JR ENGI
Book: 2897 Page: 579 Chris C. Munoz
Page: 4 of 4 Pueblo Co.Clk. &Rec.
4935 NORTH 30TH STREET • COU)RADO SPRINGS, CO 80919 - (719) 593.2 U3 • FAX (719) 528 -6613