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HomeMy WebLinkAbout8868z -- RESOLUTION NO. 8868 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT TO OTP PARTNERSHIP, WALTER B HULTIN, AS OWNER OF THE REAL PROPERTY AT 4601 N. ELIZABETH, PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The attached release of easements between Pueblo, a Municipal Corporation, and OTP Partnership, Walter B. Hultin, having been approved as to form by the City Attorney, is hereby approved. Section 2 The president of the City Council is hereby authorized and directed to execute such Release on behalf of the City of Pueblo. The City Clerk is directed to attest same and affix the seal of the City thereto. �ectinn �_ This Resolution shall become effective upon final passage and approval. INTRODUCED: December 13 , 1999 By: Rich Gol enda Councilperson APP D: J � /� President of City Council ATIESI: C k City y 1312768 12/22/1999 09:31A RES Chris C. Mum oz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clk 8 Rec. Council Agenda TITLE : A Resolution Authorizing a Release of Easement to AGENDA ITEM # OTP Partnership, Walter B. Hultin, Owners of 4601 N. Elizabeth, Pueblo, CO. DEPARTMENT: Public Works ISSUE DATE: December 13,1999 Should the City Council authorize the release of a detention easement to OTP Partnership, Walter B. Hultin, owners of 4602 N. Elizabeth, Lot 6, Blk. 1, Eagle Cross Subdivision. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is no longer required for the construction of a detention pond. The detention ponds were constructed in locations outside the area of building additions and other site improvements and are designated on the platted easements or granted by a separate easement. Attached are copies of legal description and a drawing showing the location of the easement to be released. FINANCIAL IMPACT There is no financial impact upon the City due to this action. � � o RELEASE OF EASEMENTS This release of easements is made on December 13, 1999, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado, 81003, to OTP Partnership, Walter B. Hultin (Owner). WHEREAS, the Owner owns the real property known as 4601 N. Elizabeth, Pueblo, Colorado, and WHEREAS, the City is the Grantee of an easement fora detention pond recorded in Book 2355, Page 960 of the records of the Pueblo County Clerk and Recorder (the "Easement "); and WHEREAS, the Owner has granted to the City alternate easements for such purposes. NOW THEREFORE in consideration of the foregoing and Owner granting certain easement to the City, the City hereby releases and vacates that portion of the Easement described in attached Exhibit "I ". Pueblo, a (\L -'- - City C k STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) President of City Council The foregoing instrument was acknowledged before me on December 16 1999, by Corinne Koehler as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. My.-eors expires: t � yyjjJJ ii .. , ,A t r - y j I ' L Notary Public 111111111111111111111111111111111111111111 1312768 12/22/1999 09:31A RES Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT I 838532 9 t ��m� -JUL 9 1987 � No. RacOtiaeo "W4 COMM O kM)LADO e.ASEMBNT AND RIGHT OF WAY THIS EASEMENT, granted this 23 day Of .:Una 19 _ , by OTP P3rtnerhsip, Walter B. Hultin GRANTOR, La ?UEBLO, a eini.ipal Corporation, GF'ANrEE: WIT'44ESSETii . T'HAO' IM CONS IDEit• *.T.:4N of the star of Oil!: Dollar ($1.00) and other good and valuable consideration, nui.d by the GMWTZE, receipt of whio23 is hereby a cknowladgod., GRANTOR hereby grants to GRAt3TLE, its succeesora anti assigns, a n koat easement and right of way far the purpoae cif a detention easamant , in, through, over, i=er anti across GRANTOR'S grepertY situated in Pueblo County, Colorado, and described as follows: See Exhibit "A" attachk htrctz TOGLT4ER WITH the right to Enter lapon said property for the p- arposa of construction„ maiatdnanc*, control, and repair, and to- gether with the ri,hC to use so nuCh of Cha 3djgini P.eoperty as naee03ary of GRANTOR for said purpasea. The GRANTOR reserves the right to use and occkipy said pzoperts !or any purpose consiStMnr with the right and privilvge 4bove gzhntcd and which wi11 not inttr- fero with or ent!anger any of the: GFiil::£E'S et;uiPment Of facilities therein ar uaa chyreof _ such reservation by tho G%kN'rQR hail in no event i.ncltsde the rio"It ".'O loca,.s or rr':�c: o!' 47'1•lrp t.n " located of t_CZted ally b uilding Gr -%::Y other strt;czutt nz ntubile home trail&r ::eta e uLaon c;tir &easement herein granrad, Shr1,.l inc! uda Che plural and the 'erri nl.ne. This vz:;L: -.tr +e ,and right 0! -,racy &!tall 'r,11 birtd_n ;3 "pr,rt, and shall inure to V&Prasen C 4 t.ivQ 5 , IIt1CCQEsozz rand aG!S.Jgnz of thL' GRANTOR and GRANTEE. tGNMD this of '19 G , . zAvTast- 07P Partnership, Walter B. Hultif STATE OF CCLORADC, COUNTY 07 PUEBLO. The foregoing instrument was acknowledgeu before ice this day of A.M. by t t LA5 Ay COM-pi-snion eXpires WITNESS 14Y RAND ANA OFFICIAL SEAL. a m MoLary Bixblic Addre". - 2 -