Loading...
HomeMy WebLinkAbout8333i 1205806 02/20/1998 09:52A 83087 P361 RES 1 of 1 R 6.00 D 0.00 Pueblo Cty Clk & Rec. RESOLUTION NO. 8333 A RESOLUTION ACCEPTING EASEMENTS AND RIGHT OF WAYS FROM EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC. WHEREAS, El Centro Pueblo Development Corporation, Inc., on Dec. 18, 1997, granted easements and right of ways to the City of Pueblo; and WHEREAS, such easements are necessary to provide the right to access, connect to or maintain the existing public utilities, and has been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easements granted by El Centro Pueblo Development Corporation, Inc., dated Dec. 18, 1997, which easements are on file with the City Clerk, is hereby approved and accepted. Section 2 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED February 9 ,1998 4Gnco.c By Corinne Koehler y1 A Councilperson Vi 1 l } V APPROVED Proideni of the Council •, ,,� f j� 'mss - ATTEST: City CI n Council Agenda TITLE: A RESOLUTION ACCEPTING EASEMENTS AND AGENDA ITEM # RIGHT OF WAYS FROM EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC. DEPARTMENT: Public Works DATE : Feb 9, 1998 ISSUE Should the City Council accept EASEMENTS AND RIGHT OF WAYS from EL Centro Pueblo Development Corporation, Inc. for the purpose of accessing, installing and maintenance of existing public utilities in the area east of Troy Ave. formerly platted as Bellview Subdivision. RECOMMENDATION Approval of this Resolution BACKGROUND The City requested these easements to provide the right to access, connect to or maintain the existing public utilities that were installed for previous Bellview Subdivision Filings. Future development anticipates that the existing utilities will be utilized and incorporated into a new subdivision. These easements will be dedicated as street right -of -ways in the future plat. FINANCIAL IMPACT There is no financial impact upon the City due to this action. a ED s; A EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this l 81h day of December , 19 97 , by the EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non - Profit Corporation, GRANTOR, to the CITY OF PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT 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 acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and right -of -way for the purpose of all public drainage and sanitary sewer in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See attached EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control, and repair, and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected any building or any other structure or mobile home trailer unit upon the easement herein granted. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This easement and right -of -way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR and GRANTEE. SIGNED this 19day of December 1 19 97 . GRANTOR: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non -Profit Comoration LIZ COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this 19 th day of D m , 1991 by Jayne Mazur - and Elizabeth Wilson -of EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non -Profit Corporation. Witness my hand and official seal. My Commission Expires My commission expires: Notary Pu is (SEAL) 9510500.1023 I IIIIII VIII Illll lllllll I'll VIII Illlll III I'I'I IIII Till 1205807 02/20/1998 09:52A B3087 P362 EASE 1 of 4 R 21.00 0 0.00 Pueblo Cty Clk & Rec. ��µtNttttt,,: •. v 4,- 111111 11111 11111 1111111 1111 11111 111111 III 11111 1111 1111 1205807 02/20/1998 09:52A 83087 P363 EASE 2 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT A June 17, 1996 Pueblo, Colorado We have prepared a description only of the following described easement located within the County of Pueblo, State of Colorado, to -wit: An easement for drainage and sanitary sewer purposes through Parcel A, Lot 1, Block 2, Bonnadell Drive right -of -way (to be vacated) and through Oakshire Lane right -of -way (to be vacated) as platted in Oakshire Mobile Home Estates, according to the recorded plat thereof, filed for record September 14, 1990, said easement being 43 feet in width and lying North of and immediately adjacent to the following described reference line: Considering the East line of said Oakshire Mobile Home Estates to bear S. 00° 53' 56" E. and all bearings contained herein being relative thereto. Beginning at the Southwest corner of said Lot 1, Block 2; thence Easterly, along the South boundary line of said Oakshire Mobile Home Estates the following two (2) courses: 1. N. 89 16'40" E., a distance of 717.36 feet; 2. N. 89 03'45" E., a distance of 545.14 feet to the Point of Terminus. PREPARED BY: NorthStar Engineering and Surveying, Inc. 111 E. 5th Street Pueblo, CO 81003 9510500.1023 1 4 EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this of December , 19 97 , by the EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non -Profit Corporation, GRANTOR, to the CITY OF PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT 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 acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and right -of -way for the purpose of ingress and egress and all public utilities in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") See attached EXHIBIT A TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and the feminine. This Easement And Right -of -Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR and GRANTEE. SIGNED thisl2day of n em e , 19 GRANTOR: EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non -Profit Corporation COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me thisl day of December _ ,19 97 by Jayne Mazur and Elizabeth Wilson of EL CENTRO PUEBLO DEVELOPMENT CORPORATION, INC., a Non -Profit Corporation. <<tqe' ��•� Yf Witness my hand and official seal. r My commission expires: My Commission Expires a Notary Alic •• ,.•� C (SEAL) T ••• I IIII IIII f 9510500.1030 VIII HIS 111 1205808 02/20/1998 09:52A 83087 P366 EASE 1 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Rec. 1 111111 11/ Ill 11111111111111111111111111111111 IN IN 1205808 02/20/1998 09:52A 83087 P367 EASE 2 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Rec. EXHIBIT A PROPOSED INGRESS AND EGRESS AND UTILITY EASEMENT: An easement for ingress and egress and public utility purposes through a portion of Oakshire Mobile Home Estates, according to the recorded plat thereof, filed for record September 14, 1990, being more particularly described as follows: Considering the East subdivision boundary line of said Oakshire Mobile Home Estates to bear 5.00 °53'56 "E. and all bearings contained herein being relative thereto. Commencing at the Southeast comer of said Oakshire Mobile Home Estates; thence 5.89 °03'45 "W., along the South subdivision boundary line and along the South line of the right -of -way of Oakshire Lane, as conveyed to the City of Pueblo by deed recorded in Book 2901 at Page 71 of the Pueblo County records, a distance of 769.87 feet to the True Point of Beginning; thence Northwesterly, along said South right -of -way line the following two (2) courses: along the arc of a curve to the right whose radius is 390 feet, a distance of 292.63 feet; N.47 °56'47 "W., a distance of 2.16 feet; thence S.37 °56'40 "W., a distance of 39.35 feet; thence Southerly, along the arc of a curve to the left whose radius is 120.39 feet, a distance of 81.70 feet to the said South subdivision boundary line; thence N.89 °03'45 "E., along said South line, a distance of 318.89 feet to the Point of Beginning. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 TH Street Pueblo, CO 81003 December 8, 1997 JN 95 105 00 9510500.1030