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Home My WebLink About8406111111111111111111111111111111111111111111111111111 IN 1220119 05/21/1998 12:07P 83126 P218 RES 1 of i R 6.00 D 0.00 Pu *blo C!y Clk & Rec. RESOLUTION NO. 8406 A RESOLUTION ACCEPTING AN EASEMENT FROM PUEBLO KENNEL ASSOCIATION, INC. WHEREAS, Pueblo Kennel Association, Inc., on Sept. 22, 1997, granted an easement to the City of Pueblo; and ' WHEREAS, such easement is necessary to maintain drainage across a portion of the property located at lot 1 and lot 8, block 2 of Lake Gardens Subdivision, 2nd Filing. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by Pueblo Kennel Association, Inc., dated Sept. 22, 1997, a copy of which is attached hereto, after having been approved as to form by the City Attorney, 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. A AVE INTRODUCED May 11 , 1998 By John Verna Councilperson APPROVED ` Preftlent 6f the Council ATTEST:. 'S City Cle � :w gqo& Council Agenda TITLE: A RESOLUTION ACCEPTING AN EASEMENT FROM PUEBLO KENNEL ASSOC. INC. DEPARTMENT: Public Works ISSUE AGENDA ITEM # DATE May 11, 1998 Should the City Council accept an easement from Pueblo Kennel Association, Inc. for the purpose of conveying drainage runoff across the north end of their property. RECOMMENDATION Approval of this Resolution BACKGROUND The easement is necessary to convey drainage from the Southgate development through the north fourteen (14') feet of the property know as lot 1 and lot 8, block 2 of Lake Gardens Subdivision, 2nd Filing. The existing ditch will be enlarged by the developer to increase it's drainage capacity. The easement also grants the City the right to install sidewalks, public utilities, traffic control devices and signage upon the property. FINANCIAL IMPACT There is no financial impact upon the City due to this action. �- SIMON M- 0 � w� I Will 1111111111 11111 1 1111111111111111111111111111 IN 1220120 05/21/1998 12:07P B3126 P219 EASE ` 1 of 4 R 21.00 D 0.00 Pueblo MY Clk 8 Roe. EASEMENT AGREEMENT THIS EASEMENT is granted on September 22, , 1997, by P u e b 1 o Kennel Association, Inc. ( Grantor) to Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado ( Grantee ). WITNESSETH 1. In consideration of Ten Dollars ( $10.00 ) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor grants and conveys to Grantee, its successors and assigns, an easement and right -of -way in perpetuity for a public sidewalk, public utilities, traffic control devices and signage and drainage channel, drainage culverts and appurtenances, upon, over, under and across the real property ( the Easement ) located in Pueblo, Colorado, and described as follows: EASEMENT LEGAL DESCRIPTION TWO (2) EASEMENTS HEREIN REFERRED TO AS PARCELS A AND B, AND BEING A PORTION OF LOT 1 AND LOT 8 BLOCK 2 OF LAKE GARDENS SUBDIVISION SECOND FILING AS RECORDED IN BOOK 9 AT PAGE 29 OF THE RECORDS OF THE CITY OF PUEBLO, PUEBLO COUNTY, STATE OF COLORADO. BASIS OF BEARING: THE PLAT OF LAKE GARDENS SUBDIVISION AS RECORDED IN BOOK 9 AT PAGE 29, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO. PARCEL "A" COMMENCING AT THE NORTHEAST CORNER OF LOT 8, BLOCK 1, LAKE GARDENS SUBDIVISION, THENCE S00 °00'00" W, A DISTANCE OF 54.00 FEET; THENCE N90 0 00'00 "W, A DISTANCE OF 198.80 FEET TO THE POINT OF BEGINNING; THENCE S00 °00'00 "W, A DISTANCE OF 14.00 FEET; THENCE N90 0 00'00 "W, A DISTANCE OF 428.20 FEET; THENCE N00 °00'00" E, A DISTANCE OF 14.00 FEET; THENCE S90 0 00'00 "E, A DISTANCE OF 428.20 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2783.200 SQUARE FEET. 1220120 05/21/1998 12:07P B3126 P220 EASE PARCEL °B" 2 of 4 R 21.00 D 0.00 Pueblo Cl.y Clk 8 Rec. BEGINNING AT THE NORTHWEST CORNER OF LOT 8, BLOCK 1, LAKE GARDENS SUBDIVISION, THENCE S00 °00'00" W, A DISTANCE OF 14.00 FEET; THENCE N90 0 00'00 "W, A DISTANCE OF 30.00 FEET; THENCE N00 °00'00 "E, A DISTANCE OF 14.00 FEET; THENCE S90 °00'00 "E, A DISTANCE OF 30.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 420.000 SQUARE FEET. (SEE ATTACHED EXHIBIT B) 2. Grantor reserves the right to use the property for purposes not inconsistent with the rights granted in this Agreement, provided Grantor shall not erect or place any structures, buildings, or fences, on the Easement and Grantee shall not be liable for their removal if they are so placed. 3. Grantor covenants that it or its successors or assigns, will continuously maintain this easement except for the traffic control devices and signage, and the utility lines which Grantee, or the appropriate utility company, will maintain. 4. Grantor covenants and warrants that Grantor is the owner in fee of the property, containing the Easement, has full and lawful right to convey the Easement, and the property containing the Easement is free of all liens and encumbrances except mortgages or deeds of trust in favor of who has consented to the granting of this easement. 5. Grantor grants to Grantee the right to permit other public entities or utility companies to use the Easement jointly with the Grantee for utility purposes. 6. This easement shall run with the land and be binding upon and inure to the benefit of the Grantee and Grantor and their respective successors and assigns. The singular) includes the plural and masculine includes the feminine and neuter. / 1 � 2 1111111111111111111111 iii IIIII 111 IN STATE OF (j. 1220120 05/21/1008 12:07P 03126 P221 EAS 3 of 4 R 21.00 D 0.00 Pueblo Cty Clk 8 Rec. COUNTY OF Pu.. E; B L D �) The foregoing instrument was acknowledged before me on the .R - ? day of SP p , 1997, by PGAE aj-16 ,) E.-VN6 45SOC.Jn� . ( Grantor ). s,my hand and official seal. A ��. sion expires: `Z— ;Z — Ua0 Notary Public + +;\ae �9 mtatgreAm 0lit 3 t IL 11111111111 11111 11111111111 111111111111111111111 1220120 05/21/1998 12:07P 83126 P222 EASE 4 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Re EASEMENTS EXHIBIT B JOB NO. 4009.30 PAGE 1 OF 1 9/10/97 PARCEL 'A' 111111 C. 100' 50' 0 100' 200' SCALE: 1" = 100' PUEBLO BLVD. (120' R.O.W.) — — — — — — — — — — — — — — I Engineering, Ltd. 4935 North 30th Street Colorado Sprints, Colorado 80919 (719) 593 - -FAX (719) 528 -6613 3 O 597 (0 a LOT 1, BLOCK 2 LOT 8 , BLOCK 2 w N N J Q a vi rin ;N :241� JR ENGINEERING, LTD. DOES NOT EXPRESS NOR IMPLY ANY WARRANTY WITH THE ABOVE WRITTEN LEGAL DESCRIPTION AND EXHIBIT. THE LEGAL DESCRIPTION WAS WRITTEN FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT DEPICT A MONUMENTED LAND SURVEY.