The URL can be used to link to this page

Home My WebLink About8604RESOLUTION NO. 8604 r A RESOLUTION ACCEPTING EASEMENT AND RIGHT OF WAY FROM TEXAS ROADHOUSE HOLDINGS, LLC, A KENTUCKY LIMITED LIABILITY COMPANY WHEREAS, Texas Roadhouse Holdings, LLC, a Kentucky Limited Liability Company on December 2, 1998, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to permit encroachment by existing curb and gutter and sidewalk improvements, and public ingress and egress at the northwest corner of Dillon Dr. and Eagleridge Blvd. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by Texas Roadhouse Holdings, LLC, a Kentucky Limited Liability Company, dated December 2, 1998, 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. INTRODUCED January 11 ,1999 By Al Gurule Councilperson �f APPROVED . k V- President of the Council t � " ft A - mac/ t -0- Council Agenda TITLE: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM TEXAS ROADHOUSE HOLDINGS, LLC, A KENTUCKY LIMITED LIABILITY COMPANY DEPARTMENT: Public Works ISSUE AGENDA ITEM # DATE : January 11, 1999 Should the City Council accept an easement and right of way from Texas Roadhouse Holdings, LLC, a Kentucky Limited Liability Company for the purpose of permitting encroachment by existing curb and gutter, paving and sidewalk improvements, and public ingress and egress in, through, over , under and across their property. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is necessary to permit traffic and pedestrians on an existing right turn lane on Dillon Drive onto Eagleridge Blvd. The right turn lane was put in to help move the flow of traffic due to congestion at the intersection. FINANCIAL IMPACT There is no financial impact upon the City due to this action. D �CD EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this -;? r A day of - November, 1998 by Texas Roadhouse Holdings, LLC, a Kentucky limited liability company, GRANTOR, to 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 GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non - exclusive easement and right of way for the purpose of permitting encroachment by existing curb, gutter, paving and sidewalk improvements, and public ingress and egress in, through, over, under, and across GRANTOR'S property situated in Pueblo county, Colorado, and described as follows (the "Property "): See Exhibit A attached hereto and made a part hereof for legal description and depiction (by cross - hatching of the easement area) TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair. 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 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 shall have no liability of any kind or nature whatsoever for use of the easement granted hereby by GRANTEE (or the general public) and, with the exception of ordinances of general application to all property owners as to the maintenance of sidewalks, no liability to repair, maintain or replace any improvements in the easement area. 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 GRANTOR and GRANTEE. 1 111111 11111 11111 11111 11111 1111111 11111 111 11111 1111 1111 1233629 12/11/1998 11:05A EASE Chris C. Munoz 1 of 3 R 16.00 D 0.00 Pueblo C!y Clk & ReC. PA1985 \005 \Doc \Easement & Right of Way 2.wpd S� l e VIA b.e ✓ SIGNED this 2 day of Nvv er, 1998. STATE OF KENTUCKY ) ss. COUNTY OF ) GRANTOR: Texas Roadhouse Holdings, LLC, a Kentucky limited liability company By: W . ent T , its Manager The foregoing instrument was acknowledged before me this :cam_ day of �� P fi r, T�Tn�� 1998 by W. Kent Taylor, as Manager of Texas Roadhouse Holdings, LLC. Witness my hand and official seal. M commission expires: TA U T3 4 T L � V � • ,� �� / � 111 4111rN •t �� p ) }} Notary Public 1111111 IIIII 1111111111 IIIII 1111111 IIIII 1!1 11111 1111 1111 1233629 12/11/1998 11:03A EASE Chris C. Munoz 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Roe. —' P: \1955 \005 \Doc \Easement &Right of Way 2.wpd EXHIBIT A 3EGINNING at the southeast corner of said Parcel A; thence westerly along the southerly line of said Parcel A 'he following two (2) courses; 1) S 87'40'04'W (N 87"32:33 E plat), (bearings based on the line from the southeast corner of Block 3 to `he point of curve Lot 4, Block 1, both In Fountain Pork Commercial Center monumented on each end with 'ound No. 4 rebar and Moo yellow plastic cap L.S. 10093 to bear N 02'29 53 "E established on the recorded plat if said Fountain Park Commercial Center), a distance of 53.03 feet (53.00 feet plat); 2) along the arc of a non— tangent curve to the right whose center bears N 02'33 21 "W and having a central ing/e of 09'06'J5' and a radius of 450.00 feet a distance of 71.55 feet; hence N 06'33'14 "E, a distance of 10.98 feet; thence S 81'30 33 E a distance of 46.27 feet; thence along the irc of a non — tan curve to the left whose center bears N 03'0041 "W and having a central angle of 10'00 rnd a radius of 141.50 feet a distance of 24.70 feet; thence along the arc of a curve to the left whose center )ears N 13'0041"W having a central angle of 59'11'47' and a radius of 41.50 feet a distance of 42.88 feet; hence along the arc of a curve to the left whose center bears N 72'1228"W and having a central angle of 9'4J'56 and a radius of 141.50 feet o distance of 48.73 feet; thence N 01'56 "25W a distance 127.82 feet to i point on the on the northerly line of said Parcel A; thence N 87'37'47 E a E lon�q said northerly line o distance of 1.36 feet to a point on the easterly line of said Parcel A; thence S 02'27' along said easterly line a 'istance of 212.05 feet to the POINT OF BEGINNING. City of Pueblo, County Pueblo. State of Colorado. ,aid Parcel contains 0.10 acres. Ids Is to certify that a survey of the above described property was conducted under my responsible harge, and that this plat accurately represents that to the best of my knowledge and belief. Line No. Bearing Dist L 1 N 06'33' 14 " E 10.98' L2 N 873747" E 11.36' Curve No. Delta Radius Length C1 10'00'00" 141.30' 24.70' C2 59'11'47 41.50' 42.88' C3 19'43 56" 141.50' 48.73' PARCEL A Scale 1" = 50' 50 25 0 50 100 150 SCALE IN FEET S 81 4627' 30:33" e �v w r; N 3 N �o h 0 z G� �n 0 N _ N ; w � o N N o 0 ge �R =450 0'd•09'06'35 S 8740'04" W BO U�eV ° L�;71.55' 53.03' I IIIIIIIIIIIIIIIIIIIII I 1111111111113111111 1253629 12/11/1998 11:05A EASE Chris C. Munoz 3 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. 4 parcel of land being a portion of Parcel A. Rearrangement of Property Boundaries according to the recorded ,tat thereof filed for record October JO. 1997. in Book 3051, at Page 349, in the records of the Pueblo County :lerk and Recorder, being more particularly described as follows;