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