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HomeMy WebLinkAbout089161 1321627 02/28/2000 11:32A RES Chris C. Munoz �- 1 of 2 R 10.00 0 0.00 Pueblo Cty Clk 8 Rec. RESOLUTION NO. 8916 A RESOLUTION APPROVING A QUIT CLAIM DEED AND EASEMENTS BETWEEN PUEBLO, A MUNICIPAL CORPORA- TION AND PUEBLO, A MUNICIPAL CORPORATION FOR THE USE AND BENEFIT OF THE BOARD OF WATER WORKS OF PUEBLO, COLORADO, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, in conjunction with the Board of Water Works of Pueblo, Colorado ( "Board ") construction of its new treatment plant and pipeline, the Board has requested the City to convey title to certain property that lies on the southerly border of its northside treatment plant and easements for pipeline to serve the new treatment plant, and WHEREAS, the land to be conveyed to the Board is surplus to the City's needs, and WHEREAS, granting the Request of the Board would be in the interest of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The following instruments, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. (a) Quit Claim Deed dated February 14, 2000 between Pueblo, a municipal corporation, Grantor, and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, Grantee. (b) Two Easements dated February 14, 2000 between Pueblo, a municipal corporation, Grantor, and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, Grantee. SECTION 2 The President of the City Council is authorized to execute and deliver the Quit Claim Deed I Mill hill 1111111111111111111111111 hill HE III 111111111 ill 1321627 02/28/2000 11:52A RES Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Rec. and Easements in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: February 14, 2000 rA- City k By Robert Schillin Councilperson APP VED: resident of the City Council -2- 1 1111 11111 HE IIIIIIIIII 111111111111111111111111111111111111 1321628 02/28/2000 11:52A QUIT Chris C. Munoz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Ree. QUIT CLAIM DEED THIS DEED, Made this 14th day of February, 2000, between PUEBLO, a municipal corporation, Grantor, and PUEBLO, a municipal corporation, for the use and benefit of the Board of Water works of Pueblo, Colorado, pursuant to Article 15 of the Charter, whose legal address is Pueblo, Colorado of the County of Pueblo and State of Colorado, Grantee: WITNESSETH, That the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion or reversions, remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee, its successors and assigns forever. IN WITNESS WHEREOF, the Grantor has executed tl * deed on the date t forth above. c. AYlest City erk STATE OF COLORADO ) COUNTY OF PUEBLO ) ) Ss. a Mun President of the City Council The foregoing instrument was acknowledged before me this 22nd day of February 2000 by Corinne Koehler as President of the City Council and Gina Dutcher as the City Clerk of the Pueblo, a Municipal Corporation. Witness my hand and official seal. Sq ,Ajlfommission expires: 8 -21 -2003 _ [SEAL] otary Public tP A �..> My Commission Expires 08121;2 3 111111111111111111111111111111111111111111111111111 IN 1321628 02/28/2000 11:52A QUIT Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo C!y Clk & Rec. LAND DESCRIPTION: A parcel of land in the Northeast' /4 of the Northeast' /4 of Section 34 and in the Northwest' /4 of the Northwest' /4 of Section 35, Township 21 South, Range 65 West of the 6 th P.M. and being more particularly described as follows: Considering the East line of the Northeast' /4 of Section 34, Township 21 South, Range 65 West of the 6 th P.M. to bear N. 00 0 11'29" W. and all bearings contained herein being relative thereto. Commencing at the Northeast corner of said Section 34; thence S. 54 0 59'17" W., a distance of 1074.97 feet to an angle point in the existing South fenceline of the Northside Water Works Facility and the True Point of Beginning of the parcel of land herein described; thence Easterly, along said South fenceline the following three (3) courses: 1. S. 89 0 14'20" E., a distance of 1395.26 feet; 2. N. 40 0 50'39" E., a distance of 841.65 feet; 3. N. 89 0 13'57" E., a distance of 284.25 feet to the existing East fenceline of said Facility: thence S. 48 0 03'01" W., a distance of 1097.60 feet; thence S. 58 0 49'00" W., a distance of 391.10 feet; thence N. 89 0 14'00" W., a distance of 834.07 feet; thence N. 38 °56'17" W., a distance of 389.66 feet to the Point of Beginning. Containing 11.154 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 October 22, 1999 IN 99 048 00 1 1321629 02/28/2000 11:52A EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cl.y Clk 8 Ree. EASEMENT THIS EASEMENT, made this &—If day of � ° -;zD , 14�W, between Pueblo, a municipal corporation, Grantor, and Pueblo, a municipal corpo tion, for the use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to Article 15 of the Charter, whose legal address is Pueblo, Colorado, County of Pueblo, State of Colorado, Grantee, its successors and assigns: WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars and other valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, an easement and right -of -way situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached. to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water over, upon, along and under the strip of land described above, together with the right of ingress to and egress from said strip of land for the foregoing purposes, and also to make temporary openings in fences to permit such ingress or egress. TO HAVE AND TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid, said easement and right -of -way to cease if and when said strip of land shall have ceased to be used for said purposes for a continuous period of ten years. The Grantor covenants and agrees for itself, its successors and assigns, not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, shall have the right to remove, at Grantor's expense, objects interfering with the construction, maintenance, operation, control and use of said water main or water mains. The easement or right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. WITNESS my hand and seal this 22 of February 2009 X PUEB MUNICIPA O ORATION SEAL By resident of City Council ` ATTEST: } _ Ci Clerk STA OF- Colorado ) ss COUNTY OF Pueblo ) --- The foregoing instrument was acknowledged before me this 2 2nd day of � p,. T ebruar 2000 AR by Corinne Koehler, President of City Council. My commission expires: 0 - ��.' � Z_ 1, WITNESS my hand and official seal. Z�f Nod ublic � My Commissio nE.,�, ­_ 11111111111111111 1321629 02/28/2000 11:52A EASE Chris C. Munoz 2 of 3 R 15.00 0 0.00 Pueblo Cty Clk & Roe. EXHIBIT A TO EASEMENT DATED fe_ti�.4 *irj 1Y' J,0J , E�E5 LEGAL DESCRIPTION A tract of land which lies within the South one -half (S 1/2) of Section 27, Township 20 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, said tract being more particularly described as follows: Commencing at the Southeast corner of said Section 27, marked with a 3 -1/4" aluminum cap on a 2 -1/2" pipe stamped LS No 6128, Thence N 81 27'06" W (a bearing relative to the east line of Section 27 per the Government resurvey notes dated 1964, I.E. S 00 51' 00" E and to which all other bearings noted herein are relative) a distance of 1638.19 feet to the Point of Beginning, said point being on the centerline of "The Pueblo Water Works Ditch "; Thence along the centerline of said ditch on the following courses: 1) Thence S 82 58' 12" W a distance of 41.07 feet; 2) Thence N 86 09'37" W a distance of 53.02 feet; 3) Thence N 68 58'39" W a distance of 93.12 feet; 4) Thence N 51 28'42" W a distance of 55.86 feet; 5) Thence N 42 12'44" W a distance of 136.38 feet; 6) Thence N 67 08'49" W a distance of 29.00 feet; 7) Thence N 41 43' 00" W a distance of 8.55 feet to intersect the southerly right -of- way fence line of the Denver and Rio Grande Railroad; 8) Thence N 82 54' 37" W along the southerly right -of -way fence line of the Denver and Rio Grande Railroad a distance of 265.75 feet; 9) Thence continuing along said right -of -way fence N 83 55' 03" W a distance of 42.93 feet to a fence corner, being a fence line in a southwesterly direction; Thence along said fence line on a southwesterly direction on the following courses; 10) Thence departing said southerly right -of -way fence line of the Denver and Rio Grande Railroad S 37 16'47" W a distance of 421.43 feet; 11) Thence S 38 57'48" W a distance of 20.48 feet; 12) Thence S 63 46'48" W a distance of 150.77 feet; 13) Thence S 64 28' 41" W a distance of 219.46 feet; 14) Thence S 89 36' 40" W a distance of 259.94 feet, more or less, to intersect the easterly line of Parcel "F", Meadow Valley Estates as recorded in Book 2094 at Page 796 in the records of Pueblo County Clerk and Recorders office; 15) Thence S 14 04' 42" W (S 13 29' 23" W per Meadow Valley Estates) along the easterly line of said Parcel "F" a distance of 41.78 feet, more or less, to the most southerly corner of said Parcel "F" being on the easterly line of the Wilcoxson Waste Ditch; 16) Thence S 88 26'49" E a distance of 281.66 feet; Thence parallel with and 50.0 feet south of a fence line north on the following courses; 17) Thence N 64 28' 41" E a distance of 230.91 feet; 18) Thence N 63 46'48" E a distance of 162.08 feet; 19) Thence N 38 57'48" E a distance of 32.22 feet; 20) Thence N 37 16' 47" E a distance of 393.99 feet to a point 50.0 feet south of the southerly right -of -way fence line of the Denver and Rio Grande Railroad; 1 111111 1111111111 111111 111111 1111111111 iii 111111111 iii 1321629 02/28/2000 11:52A EASE Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. 21) Thence S 83 55' 03" E parallel with and 50.0 feet south of the southerly right -of -way fence line of the Denver and Rio Grande Railroad a distance of 14.32 feet; 22) Thence S 81 58' 26" E a distance of 245.05 feet to a point, said point being 54.0 feet south of said southerly right -of -way fence line of the Denver and Rio Grande Railroad and also being 54.0 feet south of the centerline of The Pueblo Water Works Ditch; 23) Thence S 66 40' 40" E a distance of 29.64 feet to a�point, said point being 54.0 feet south of said centerline of The Pueblo Water Works Ditch; 24) Thence S 46 42' 04" E a distance of 128.26 feet to a point, said point being 44.0 feet south of said centerline of The Pueblo Water Works Ditch; 25) Thence S 51 28' 42" E a distance of 66.33 feet to a said point being 44.0 feet south of said centerline of The Pueblo Water Works Ditch; 26) Thence S 63 41' 33" E a distance of 108.51 feet to a�point, said point being 54.0 feet south of said centerline of The Pueblo Water Works Ditch; 27) Thence S 58 22' 22" E a distance of 229.07 feet to a No. 4 Rebar being on the westerly boundary of Hyde Park Dairy, Parcel B, as recorded in Instrument No. i 627914 n the records of Pueblo County; 28) Thence N 27 07' 44" W along said westerly boundary a distance of 178.23 feet (178.61 feet per deed) to the southwesterly corner of said Parcel B being a No. 4 Rebar; 29) Thence continuing N 27 0744" W a distance of 18.32 feet, more or less, to the Point of Beginning. �� i 111111111111 1111111111 1111111111 iiii�i 111111111111 ii 1111111111111111 iii 1111111111 11111111 iii 1321630 02/28/2000 11:52A EASE Chris C. Munoz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Rec. EASEMENT THIS EASEMENT, made this day of 4P.,qo, , a&3 , F-09, between Pueblo, a municipal corporation, Grantor, and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to Article 15 of the Charter, whose legal address is Pueblo, Colorado, County of Pueblo, State of Colorado, Grantee, its successors and assigns: WITNESSETH, that Grantor for and in consideration of the sum of Ten Dollars and other valuable consideration, to the said Grantor in hand paid by the said Grantee, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, an easement and right -of -way situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A attached. to construct, maintain, change, renew and operate a subsurface water main or water mains for the conveyance and carriage of water over, upon, along and under the strip of land described above, together with the right of ingress to and egress from said strip of land for the foregoing purposes, and also to make temporary openings in fences to permit such ingress or egress. TO HAVE AND TO HOLD said strip of land for so long as the same shall be used for the purposes aforesaid, said easement and right -of -way to cease if and when said strip of land shall have ceased to be used for said purposes for a continuous period of ten years. The Grantor covenants and agrees for itself, its successors and assigns, not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, shall have the right to remove, at Grantor's expense, objects interfering with the construction, maintenance, operation, control and use of said water main or water mains. The easement or right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, acting by and through said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. WITNESS my hand and seal this n day Febr ar QQ PUE O, MUNICIP C ORATION SEAL B . � resident of City Council ATTEST: ity Clerk STA E OF Colorado ) ss COUNTY OF Pueblo ) The foregoing instrument was acknowled before me this 22n day of bruary, 2000 , pg9N�by Corinne Koehler, President of Ci Council. JHt1! j% My commission expires: �� •aTq•. T� ITNESS my hand and official seal. �� �'• G i t Public �'�•• °ICJ ��.: O�-s Or�JU�y/ My Commission Expires 08;2112003 I I'llll "I'I II"I III'll II'I�I I' II�'I'll III "II' II'I I"I 1321630 02/28/2000 11:52A EASE Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo C!y Clk & Rec. EXHIBIT A TO EASEMENT DATED �b; ( , r, LEGAL DESCRIPTION (Westerly 40.0 feet of Parcel "F", Meadow Valley Estates) A tract of land being the westerly 40.0 feet of Parcel "F ", Meadow Valley Estates as recorded in Book 2094 at Page 796 in the Records of Pueblo County Clerk and Recorders office, said tract lies in the South one -half (S 1/2) Section 27, Township 20 South, Range 65 West of the Sixth Principle Meridian, County of Pueblo, State of Colorado, said tract being more particularly described as follows: Beginning at the northwesterly corner of said Parcel "F"; 1) Thence S 59 43' 00" E (bearings are based on the westerly line of said Parcel "F ", Meadow Valley Estate I.E., S 59 43' 00" E and to which all other bearings noted herein are relative) along the westerly line of said Parcel "F" and also being the easterly line of the Wilcoxson Waste Ditch a distance of 291.20 feet, to the southerly corner of said Parcel "F"; 2) Thence N 13 29' 23" E (N 14 04' 42" E per the Pueblo Water Works Ditch Description) along the easterly line of said Parcel "F" a distance of 41.78 feet; 3) Thence departing the easterly line of said Parcel "F" N 59 43' 00" W parallel with and 40.0 feet easterly of the westerly line of said Parcel "F" a distance of 216.98 feet to a point on the northerly line of said Parcel "F"; 4) Thence S 87 3 P 02" W along the northerly line of said Parcel "F" a distance of 73.90 feet, more or less, to the Point of Beginning.