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HomeMy WebLinkAbout8854Reception 1310024 12/01/1999 RESOLUTION NO. 8854 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS FROM OWNERS OF REAL PROPERTY LOCATED AT 4601 N. ELIZABETH, PUEBLO, COLORADO WHEREAS, the owners of real property identified in attachment "A" have granted easements to the City of Pueblo; and WHEREAS, such easements are necessary to install a detention pond on portions of the properties listed and legally described in separate easements attached hereto as Exhibits A and B, and incorporated herein by reference (hereinafter referred to as the "Easements "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1. The Easements granted by exhibits A through B, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. Section 2. The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED November 22 7 1999 BY APL ATTEST: City Clerk Al Gu President Council Council Agenda TITLE : A Resolution Accepting Easements from Owners of 4601 N. Elizabeth, Pueblo, Colorado DEPARTMENT PUBLIC WORKS ISSUE AGENDA ITEM # DATE: Nov. 22 1999 Should the City Council accept easements from owners of 4601 N. Elizabeth for the purpose of providing easements for a detention pond. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is necessary to allow for the construction of a detention pond. The detention pond was constructed to accommodate additional runoff generated as a result of building additions and other site improvements. Attached are copies of the agreement, legal description and a drawing showing the location of the easement. FINANCIAL IMPACT There is no financial impact upon the City due to this action. � 0' 1 =1 t Engineering J R 704 Fortino Blvd. West I 111111111111 IN IIIIIIIIIIIII I I N Pueblo, Colorado 81008 Pueblo, o, 75 •FAX (719) 583- 1 0024 12/01/1999 10.14A RES Chris C. Munoz www.jreng.com 2 of 5 R 25.00 D 0.00 Pueblo Cby Clk 8 Rec. JOB NO. 4126.10 - 02 MARCH 8, 1999 PAGE 1 OF 2 LEGAL DESCRIPTION: A PUBLIC DRAINAGE EASEMENT LOCATED IN THE WESTERLY PORTION OF LOT 6, BLOCK 1, EAGLECROSS SUBDIVISION AS RECORDED IN BOOK 2344 AT PAGE 868 CITY OF PUEBLO, PUEBLO COUNTY, STATE OF COLORADO. BASIS OF BEARINGS: THE WESTERLY LINE OF LOT 6, BLOCK 1 OF SAID EAGLECROSS SUBDIVISION, MONUMENTED ON THE NORTH BY A CHISLED CROSS ON THE TOP OF A CONCRETE ELECTRICAL VAULT_ AND ON THE SOUTH BY A NO. 5 REBAR AND 1 -1/2" ALUMINUM SURVEYOR'S CAP STAMPED "JR ENG LTD. RLS 31161" IS ASSUMED TO BEAR N27 0 50'25 "E, A DISTANCE OF 225.67 FEET. BEGINNING AT THE MOST NORTHWESTERLY CORNER OF LOT 6, BLOCK 1, BEING A POINT ON THE SOUTHERLY RIGHT -OF -WAY OF NORTH ELIZABETH STREET; THENCE ON SAID RIGHT -OF- WAY, ON THE ARC OF A CURVE TO THE LEFT, WHOSE CENTER BEARS N27 °50'25 "E, HAVING A DELTA OF 27 0 37'42 ", A RADIUS OF 260.00 FEET, A DISTANCE OF 125.37 FEET; THENCE S89 0 47'17 "E ON SAID RIGHT -OF -WAY, A DISTANCE OF 67.45 FEET; THENCE S00 0 12'43 "W, A DISTANCE OF 11.22 FEET; THENCE S78 °04'06 "W, A DISTANCE OF 64.37 FEET; THENCE S85 0 10'08 "W, A DISTANCE OF 88.26 FEET; THENCE S00 0 09'44 "W, A DISTANCE OF 40.15 FEET; THENCE N89 0 38'33 "W, A DISTANCE OF 29.77 FEET; THENCE S57 0 47'06 "W, A DISTANCE OF 50.73 FEET; THENCE S34 0 08'35 "W, A DISTANCE OF 12.55 FEET; THENCE S07 1 53'04 "E, A DISTANCE OF 41.74 FEET; THENCE S85 0 12'56 "E, A DISTANCE OF 103.17 FEET; THENCE S00 0 19'19 "W, A DISTANCE OF 10.04 FEET TO A POINT ON THE SOUTHERLY LINE OF SAID LOT 6; THENCE N89 0 40'41 "W ON SAID SOUTHERLY LINE, A DISTANCE OF 49.13 FEET; THENCE S89 0 56'14 "W ON SAID SOUTHERLY LINE, A DISTANCE OF 121.84 FEET TO THE MOST WESTERLY POINT ON SAID LOT 6; THENCE N27 °50'25 "E ON THE WESTERLY LINE OF SAID LOT 6, A DISTANCE OF 225.67 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 16,320 SQUARE FEET. LEGAL DESCRIPTION STATEMENT: I, TERRY R. MAW, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, ARE CORRECT. TERRY R. MAW, PROFESSION D S�F�VEY�G3 fiATE COLORADO P.L.S. NO. 31161 0 6 FOR AND ON BEHALF OF JR ENG 2620 East Prospect Rd. Suite 190 6020 Greenwood Plaza Blvd. 4935 North 30th Street Fort Collins, Colorado 80525 Englewood, Colorado 80111 Colorado Springs, Colorado 80919 ( 191 -9888 • FAX (970) 491 -9984 (301) 740 -9393 • FAX (30t) 721 - 9019 (719) • FAX (719) 528 - 6613 JR Engineering, Ltd. 701 Fortino Boulevard West Pueblo, Colorado 81008 (719) 583 -2575 • FAX (719) 528 -8119 60' 30' 0 60' 120' SCALE: 1" = 60' LEGEN • NO. 5 REBAR AND 1 -1/2" ALUMINUM SURVEYORS CAP STAMPED "JR ENG LTD RLS 31161" RECOVERED NO. 4 REBAR O Q y am ^ �i ® CHISELED "X " IN CONCRETE INLL1' FEDERAL EXPRESS DRAINAGE EASEMENT JOB NO. 4126.10 PAGE 2 OF 2 3/5/99 c ------------------------- a N N m M 1 -4 N O C V 7 01 E w _- • 03 B H r+ ~ L V �S a V - W O mm a W tid � mm _� 0) m S � oy c \ m m �T N � � o 1A rn w v LOT 6, BLOCK 1 50 0'12'4 3 "W EAGLECROSS SUBDIVISION 11.22' BOOK 2344, PAGE 868 3 r � o 578'0406 W 03 Ln i S89'47'17 E 67.45' ' 11 i I S8 5'1 0'08 "W I S00'1 x 10.0 I � � "� 10.04 A= 27'37'42" I i SOO'09'44 "W R= 260.00' I 40.15 S85'1 ?_'56 "E I i L= 125.37' i iI I 103.17' WS PER i L i N 89'38'33 "W 9.77' POINT OF II S07'53 04 "E 3EGINNING ii ' l\ 41.74' / 0 . ;16,320 S. F. , S57'47'06" 53 4'0835 W �q 50.73' 12.55' - J 1 S / So 2S F OF eFq 2 s e co 2 m o LOT 5 o EAGLECROSS SUBDIVISION BOOK 2344 PAGE 868 0 Z O too o m :)O 02 U •b 0 N89'40'41 " 49.13' V-X EASEMENT AND RIGHT OF WAY (Facilities to be Installed and Maintained by Grantor) THIS EASEMENT, granted this %d day of October, 1999, by M2EM LLC, a Colorado limited liability company, and M2M LLC, a Colorado limited liability company (collectively the "Grantors ") 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, Grantors hereby grant to Grantee, its successors and assigns, an easement and right of way for the purposes of a detention easement, in, through, over, under and across Grantors' property situated in Pueblo, Colorado, and described in the attached Exhibit "A" (the "Property"). Grantors acknowledge that storm water drainage facilities (the "Facilities ") have been installed in the Property in accordance with plans and specifications therefor approved by, and on file with Grantee. Grantors shall maintain the Facilities in good working order and condition, and repair and replace the Facilities as needed. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantors. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of the Grantors. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantors reserve the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by Grantors 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 trailer unit. Grantors warrant to Grantee that Grantors (a) have 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, sucessors and assigns of the Grantors and Grantee. SIGNED this /d day of October, 1999. M20vt LLC, a Colorado limited liability company By: Elaine Millman, its Sol ember M2M LLC, a Colorado limited liability company By . Leo and ill an, its Sole Membe H: \DOGS \CLIENT\RE \MILLMAN \STAPLES \Staples Easement @. Right of Way.wpd (dlr 10/12/99) I 11111111 IN 111 1310024 12/01/1999 10:14A RES Chris C. Munoz 4 of 5 R 25.00 D 0.00 Pueblo C!y Clk & Rec. 11111111111111111111 IN IIIIIIIII IN IIIIIIIIIII 111111111111111 1310024 12/01/1999 10:14A RES Chris C. Munoz STATE OF COLORADO 5 of 5 R 25.00 D 0.00 Pueblo Cty C l k & Rec . CITY AND COUNTY OF DENVER ) Subscribed and sworn to before me this 12th day of October, 1999, by Elaine Millman, Sole Member of M2EM LLC, a Colorado limited liability company and by Leonard Millman, Sole Member of M2M LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: I. �RAMSAY • c P [SEAL] Q �OF COL My Commission Expires July 21, Notary Public