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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. .qF('TI()N 9 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: ... L NO kgo3q q WA 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. D � o D D J �-qw 1 11111111111111111111111111111111111111111111111111111 271417 04/02/1999 11:19A EASE Chris C. Munoz 1 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec. 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 I 11111111111111111111111111111111111111111111111111111111 IN 1111 1271417 04/02/1999 11:19A EASE Chats C. Munoz 2 of 4 R 21.00 D 0.00 Pueblo Cty Clk & Rec. 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,,,/ mrw 2 SPRADLEY GROUP, LLC. A Colorado Limited Liability Company r 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: t Rt �.•••••.•� otar Public ,c tvQ • �pTA '� f � �Q cW 11111111111111 1111111 111111111111111111 11111 11111111 1 27 1417 04/02/1999 11:19A EASE Chris C. Munoz 3 of 4 R 21.00 0 0.00 Pueblo C!y Clk & Roc. 3