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
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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