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Home My WebLink About09089RESOLUTION NO. 9089 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO HORIZON COMMUNITIES, INC., A COLORADO CORPORATION AS DEVELOPER AND OWNER OF HERITAGE VILLAGE, FILING NO. 2 A SPECIAL AREA PLAN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that m- t-tinn 1 The attached release of easement between Pueblo, a Municipal Corporation, and Horizon Communities, Inc., a Colorado Corporation 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 and record the executed and acknowledged Release in the office of the Pueblo County Clerk and Recorder contemporaneously with the recording of the subdivision plat for Heritage Village, Filing No. 2 A Special Area Plan. Section 3. This Resolution shall become effective upon final passage and approval. INTRODUCED: August 28 , 2000 By: Rich Golend Councilperson APPR QED: President of City Council AT T EST: , , P, 'SR: City rk Council Agenda TITLE: A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT TO HORIZON COMMUNITIES, INC., A COLORADO CORPORATION AS DEVELOPER AND OWNER OF HERITAGE VILLAGE, FILING NO. 2 A SPECIAL AREA PLAN DEPARTMENT: Public Works ISSUE AGENDA ITEM # Co DATE: August 28,2000 Should the City Council authorize the release of easement to Horizon Communities, Inc., A Colorado Corporation for the purpose of replat. RECOMMENDATION Approval of this Resolution BACKGROUND The easement was granted temporarily and intended to exist until the subdivision of Heritage Village, Filing No. 2 A Special Area Plan was submitted to the City for approval. Attached is a copy of the legal description and drawing showing the location of the easement to be released. FINANCIAL IMPACT There is no financial impact upon the City due to this action Resolution No. 9089 111111111111111111111111111 1349662 09/12/2000 01:27P RL EAS Chris C. Munoz 1 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Ree RELEASE OF EASEMENTS This release of easements is made on August 28 , 2000, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to Horizon Communities, Inc., a Colorado Corporation (Owner) of Pueblo, Colorado. WHERAS, the Owner is the developer and property owner for the property known as Heritage Village, Filing No. 2 A Special Area Plan according to the recorded plat thereof; and WHERAS, the Owner is the Grantor and the City is the Grantee of the easement described in attached Exhibit "A" for temporary storm drainage across Owner's property; and WHERAS, the Owner has agreed to grant to the City of Pueblo alternate easements or rights of way for such purposes; and WHERAS, the City and Owner desire to relocate such easements adjacent to Heritage Village, Filing No. 2 A Special Area Plan. NOW THEREFORE in consideration of Owner granting a certain easement and right of way to the City of Pueblo that is adjacent to Heritage Village, Filing No. 2 A Special Plan, the City hereby releases the easement described in attached Exhibit "A ". I rt: ATTE�, x >. City rk Pueblo, / a 7unicipal Corp ration By President, City Council STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on September 6 , 2000, by Corinne Koehler as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. .f expires: 8 -21 -2003 a tary Public I �IV CQrrm � Exgrn-s J5; '1'2003 1 1193157 11/10/1997 10:00A 83054 P650 EASE 1 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk & Rec EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, ,anted this c?c" of L' 4o bt , 1917, by HORIZON COMMUNITIES iNC a Colorado Com- oration GRANTOR to PUEBLO, a Municipal Corporation, GRANTEE: WITNESS ET H: THAT IN CONSIDERATION of the sum of One Dollar (51.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknov ledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a temcorary storm drainage easement and right -of -way for the purpose of storm draina�e comevance in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See attached EXHIBIT A 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 pu ose 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. 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 - av, 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. "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 e of 0C bc(' , 19 GRANTOR: HORIZON COMMUNITIES, INC. a Colorado Corporation B � �'` �J' Robert W. Leach, Vice - President COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this day of _ C:r_ c be r , 1947 by Robert W. Leach Vice President of HORIZON COMMUNITIES. INC. a Colorado Corporation. Witness my hand and official seal. `iv commission expires: 8 3P> ]� COG 9610505.1000 J _ n Jfliilc R. rr°!! C1i �fYl' �i,W t?I7110 �� Notar. Public 1 111111 11111111111111111111 IN 11111111111111111111 1349662 09/12/2000 01:27P RL EAS Chris C. IN Munoz 2 of 5 R 25.00 0 0.00 Pueblo Cty Clerk & Ree EXHIBIT 'A' 1111111 1193157 11/10/1997 10:00A B3054 P651 EAS 2 of 3 R 16.00 D 0.00 N 0.00 Pueblo Cty Clk & Rec LAND DESCRIPTION OF TEMPORARY STORM DRAINAGE CO'NWEYAI�iCE EASEMENT: An easement for storm drainage conveyance purposes in the NE 1/4 of the 1 /4 of Section 22, Township 21 South, Range 65 West of the 6th P.M. being more particularly described as follows: Considering the North line of said Section 22 to bear N. 89 °40'00 "E. and all bearings contained herein being relative thereto. Beginning at the Northwest comer of Vinewood Subdivision, Filing No. 1, A Special Area Plan, according to the recorded plat thereof; thence S.00 °20'00 "E., along the West boundary line and that line extended of said Subdivision, a distance of 275.00 feet; thence N. 89 °40'00" E., a distance of 24.31 feet; thence S. 00 °20'00 "E., a distance of 260.00 feet to the Southwest corner of said Subdivision; thence S. 89 °40'00 "W., a distance of 70.00 feet; thence N.20 °17'40 "W., a distance of 569.20 feet to the said North line of Section 22; thence N. 89'40'00"E., along said North line, a distance of 240.00 feet to the Point of Beginning. Preoared bv: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5' Street Pueblo, Colorado 81003 October 17, 1997 RN 96 105 05 9610505.1000 111111 11111111111111111111 I IN 111111111111111111111111 l z 3 3 of 5 62 R 25100 D 0.00�Pueblo Ct.y Clerk & Ree 11111111111111111111111 1193157 11/10/1997 3 of 3 R 16.00 D 0. 111111111111111111111111 1111 10:OOA B3054 P652 EASE 00 N 0.00 Pueblo Cty Clk & Rec x POINT OF N89'40'00 "E 240.00 BEGINNING NORTHWEST CORNER OF VINEWOOD SUB., WT TO FILING NO. 1 0 0 N W O O b V1NEW000 o SUBDIVISION p ° FILING N0. 1 rn s o N89'40'00 "E 24.31' d - r O� Z 0 0 0 N w 0 0 0 N O O 889 "W 70.00' EXHIBIT B 1111111111111111111111111111111111111111111111111111111 1349662 09/12/2000 01:27P RL EAS Chris C. Munoz 4 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Rec q I STS EASEMENT TO BE RELEASED 17 18 79 � tN -- -J 312 -1.1 I 20 21 22 23 24 25 30 31 7 45 4 LL / 8 ; - &ZAtfA--- -- -- -- --- - , 44 5 ` q 1 43 24 23 22 242O i9 18 i7 16 75 14 13 Li 42 �5 ' 6 27 28 29.30 31 32 33 1 9 34 35'36 37 38 / 39 4 10 / 1 ' !_� - f- ARA$AU6+i - --- - - - - - -- - --- -- - � - - L1d -- -- SOUTH PARK ELEMENTARY \ SCHOOL A 115 \ F = A\ r 11 2 / - , oaa I MuaT0 Ai0 oT9snd 00 0 00 a 9 fo 9 zounW IIII IN 0 1 sTj40 SU3 I dLZ:T0 000Z/ZT/60 Z996b£T lill I