HomeMy WebLinkAbout8639RESOLUTION NO. 8639
A RESOLUTION ACCEPTING A 25' DRAINAGE EASEMENT THROUGH A PORTION
OF LOT 1 IN WAREHOUSES, INC. SUBDIVISION FROM JOSEPH O. WATSON, III
WHEREAS, JOSEPH O. WATSON, III, on December 23, 1998 granted a 25'
drainage easement to the City of Pueblo; and
WHEREAS, such easement is necessary for the development of Spradley
Subdivision, 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 25' drainage easement granted by Joseph O. Watson, III, dated December
23, 1998, a copy of which is attached hereto, after having been approved as to form by
the City Attorney, is hereby approved and accepted.
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The City Clerk is directed to record said easement in the office of the Pueblo
County Clerk and Recorder.
INTRODUCED March 22, 1999
BY: John Verna
Councilperson
APPROVED: . iT rJ -- Od
President of the Council
ATTEST:
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NO
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Council Agenda
TITLE: A RESOLUTION ACCEPTING A 25' DRAINAGE AGENDA ITEM #
EASEMENT THROUGH A PORTION OF LOT 1
IN WAREHOUSES, INC. SUBDIVISION FROM
JOSEPH O. WATSON, III
DEPARTMENT : Department of Public Works DATE : March 22, 1999
ISSUE
Should City Council accept a 25' drainage easement for drainage purposes through a portion of Lot
1 in Warehouses, Inc. Subdivision from Joseph O. Watson, III.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
This drainage easement is necessary for the development of Spradley Subdivision. A vicinity map
is attached for information.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of February 1999, by Watson
Real Estate & Investments, LLC, a Colorado 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 the GRANTEE, receipt of which is hereby
acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a
25 foot easement and right of way for the purpose of drainage, in though, over, under
and across GRANTOR's property situated in Pueblo County, Colorado, and described
as follows:
An easement for drainage purposes through a portion
of Lot 1 in Warehouses, Inc. Subdivision, according to
the recorded plat thereof, filed for record March 15, 1978,
in Book 1926 at Page 215, in the County of Pueblo
and State of Colorado and being more particularly
described as follows:
The West 25 feet of said Lot 1 lying North of the North
right -of -way line of Kachina Drive, as deeded to the
City of Pueblo.
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.
The initial cost of construction and installation of any drainage structure
shall be paid by Spradley Group, LLC, a Colorado limited liability company. Spradley
Group, LLC, shall be solely responsible for the maintenance and repair of said drainage
structure and drainage easement until such time as GRANTOR, its, successors or
assigns commence development of said Lot 1 in Warehouses, Inc. Subdivision, at
which time GRANTOR, its successors or assigns shall be solely responsible for the
maintenance and repair of said drainage structure and drainage easement, in the event
that the drainage easement and drainage structure are retained as part of the
development, and Spradley Group, LLC, shall be relieved from any further obligation for
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maintenance and repairs. For the purposes of this paragraph "commence
development" shall be deemed to mean either the filing of a plat for the resubdivision of
Lot 1, Warehouses, Inc. Subdivision or obtaining a building permit for construction of a
structure on Lot 1, Warehouses, Inc. Subdivision.
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, and (c) indemnifies the Grantee as to any claims against its title to the
easement.
"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 4�0 day of ' 1999.
WATSON REAL ESTATE & INVESTMENTS, LLC,
A Colorado Limited LiaXility Company
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO )
, I I I, `Manager
The foregoing instrument was acknowledged before me in Pueblo County,
Colorado, this j s day of 4rK+eP-_ , 1999, by Joseph O. Watson, III,
Manager of Watson Real Estate & Investments, LLC, a Colorado Limited Liability
Company.
Witness my hand and official seal.
My commission expires: /T�ifa,,,/
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SPRADLEY GROUP, LLC.
A Colorado Limited Liability Company
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By:
E. Spradley, Manager
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me in
Pueblo County, Colorado, this day of March, 1999, by DALE
E. SPRADLEY, Manager Spradley Group, LLC, a Colorado Limited
Liability Company.
Witness my hand and official seal.
My Commission Expires:
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