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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