Loading...
HomeMy WebLinkAbout09108RESOLUTION NO. 9108 A RESOLUTION ACCEPTING PUBLIC UTILITY EASEMENTS AND RIGHTS OF WAY FROM L. T. PROPERTIES, INC., W L ENTERPRISES LTD., INC., and MESQUITE LLC. WHEREAS, L.T. PROPERTIES, INC., W L ENTERPRISES LTD., INC., and MESQUITE LLC., owners of the real properties described in the attached easements that have been recorded with the Pueblo County Clerk and Recorder in Book 2892, Pages 85 & 86, Book 2892, Pages 87 & 88, Book 2938, Page 39 and Book 2938, Page 40, have granted easements and rights of way to the City of Pueblo; and WHEREAS, such easements are necessary to construct water mains and other public utilities across the properties as described in the separate easements, and have been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easements granted by and recorded with the Pueblo County Clerk and Recorder in Book 2892, Pages 85 & 86, Book 2892, Pages 87 & 88, Book 2938, Page 39 and Book 2938, Page 40, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. INTRODUCED September 11 ' 2000 By Patrick Avalos Council er n APPROVED & h l ATTEST: City Clerk President of the Council Council Agenda TITLE : A Resolution Accepting Public Utility Easements and Rights of Way From L. T. Properties, Inc., W L Enterprises LTD., Inc., and Mesquite LLC. DEPARTMENT: Public Works ISSUE AGENDA ITEM # 6 DATE : September 11, 2000 Should the City Council accept public utility easements and rights of way from L.T. Properties, Inc., W L Enterprises LTD, Inc., and Mesquite LLC for the purpose of allowing public utilities to be constructed across private property. RECOMMENDATION Approval of this Resolution BACKGROUND These easements and rights of way are necessary to allow the Board of Water Works and other public utilities to run main extensions across private property to serve development in the Northridge Area. The easements follow proposed street right of ways across unplatted property. When the property is subdivided, the street rights of way will be dedicated on the plat and these easements can be released. These attached easements have been previously recorded, but must be "accepted" by City Council to be valid. FINANCIAL IMPACT There is no financial impact upon the City due to this action R L aH �,-- - Y Reception 11: 1121815 Date: 05/16/1996 Time: 1212 Book: 2092 Page: 85 Chris C. Ilunoz Inst: EASE R Fee: 10.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.C1k.&Rec. EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this —� day of 4 , 19 %q by L.T. PROPERTIES, INC., a Delaware Corporation , GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION OF THE sum of One Dollar ($1.00) and �n other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors an assigns, an easement and right of way for the purpose of all public utilities in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See attached EXHIBIT A TOGETIiER 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 purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of the 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. IT IS THE INTENT of this document to grant the above described easement through the future right -of -way of what will be a dedicated public street. Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. "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, assigns of the GRANTOR and GRANTEE. Signed this day of " 19 . GRANTOR: L.T. PROPERTIES, INC. n Delaware Corporation BY: 12c ti By STATE OF U lv-1, ) ) ss. COUNTY OF <,I 1- "4, ) The foregoing instrument was acknowledged before me this day of A -- z 191, A.D. , by My commission expires J LA v v_ '7,o �( 711 WITNESS MY HAND AND OFFICIAL SEAL. ADDRESS: X67 Nr 0TAIt l PUBI. C 11 l NATHAN K. MOSES l�� f (,� �._��'- /, V(u -�' 9502600.150 529 East South Temple salt Lake City, Utah 64102 Nota Y Public My Commission Expires ` •. 1 Jun• 30. 1091 STATE OF UTAII i Book: 2892 Page: 86 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk.&Rec. EXHIBIT A EASEMENT NO. 1 FUTURE OUTLOOK BLVD. (100 Foot R.O.W.): An easement 100 feet in width located in the SW 1/4, Sec. 1, and the W 1/2, Sec. 12, T. 20 S., R. 65 W., being 50 feet on both sides of the following described centerline: Beginning at a point which is the northwest corner of Ridge Gate Filing No. 1 whence the west line of Outlook Boulevard bears S 00 42' 23" .W as shown on the recorded plat of said Ridge Gate Filing No. 1 which is the basis of bearings; thence S 89 17' 37" E, 50 feet, to the True Point Of Beginning; thence N 00 42' 23" E, 11.48 feet; thence along a tangent curve to the right whose radius is 600.00 feet, 352.21 feet; thence N 34 20' 24" E, 788.63 feet; thence along a tangent curve to the left whose radius is 600.00 feet, 579.50 feet; thence N 20 59' 54" W, 1398.38 feet, to the Point Of Terminus; whence the northwest corner of Ridge Gate Filing No. 1 bears S 03 16' 28" W, 2856.65 feet. EASEMENT NO. 3 FUTURE CORONIS DRIVE (80 Foot R.O.W.): An easement 80 feet in width located in the NW 1/4, Sec. 12, `1'.20 S., R.65 W. being 40 feet on both sides of the following described centerline: Beginning at a point which is the northwest corner of Ridge Gate Filing No. 1 whence the west line of Outlook Boulevard bears S 00 42' 23" W as shown on the recorded plat of said Ridge Gate Filing No. 1 which is the basis of bearings; thence S 89 17' 37" E, 50 feet; thence N 00 42' 23" E, 11.48 feet; thence along a tangent curve to the right whose radius is 600.00 feet, 352.21 feet; thence N 34 20' 24" E, 788.63 feet; thence along a tangent curve to the left whose radius is 600.00 feet, 535.83 thence N 73 10' 19" E, 50.00 feet, to the True Point Of Beginning, whence the northwest corner of Ridge Gate Filing No. 1 bears S 25 32' 40" W, 1684.28 feet; thence N 73 10' 19" E, 99.32 feet; thence along a tangent curve to the right whose radius is 350.00 feet, 413.01 feet; thence S 39 13' 04" E, 664.89 feet; thence along a tangent curve to the left whose radius is 350.00 feet, 249.28 feet to the Point Of Terminus which is the intersection of the centerline of Coronis Drive and the westerly boundary of Skyview, a subdivision, platted for record in the County of Pueblo, Colorado. EASEMENT NO.4 FUTURE EAGLERIDGE BLVD. (100 foot R.O.W.): An easement 100 feet in width located in the E 1/2, Sec.11, T. 20 S., R.65 W. more particularly described as follows: Beginning at a point which is the northerly intersection of Eagleridge Boulevard, and Ridge Drive whence the northeasterly line of Eagleridge Boulevard bears S 34 34' 20" E as shown on the recorded plat of Eagleridge First Filing which is the basis of bearings; thence N 34 34' 20" W, 577.03 feet, to a point along the northwesterly boundary of a 120 feet wide power easement, thence S 52 36' 56" W along the northwesterly boundary of said easement, 100.12 feet; thence S 34 34' 20" E, 572.12 feet, to a point on the northwesterly right -of -way of Ridge Drive; thence N 55 25' 40 E, 100.00 feet, along said right -of -way to'the Point of Beginning. 9502600.150 Reception R: 1121816 Inst: EASE R Fee: 6 ff� 1n .9 0 Date: 05/16/1996 Time: 1214 Book: 2892 Page: 87 Cliris C. Hunoz 10,00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.C1k.&Rec. EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this i �day of Ho, , 19�, by W L ENTERPRISES LTD. INC. , GRANTOR, 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 the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors an assigns, an easement and right of way for the purpose of all public utilities , 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 purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of the 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. IT IS THE INTENT of this document to grant the above described easement through the future right -of -way of what will be a dedicated public street. Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. "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, assigns of the GRANTOR and GRANTEE. Signed this /. day of �� A G NTOR: W L ENT RPRISES L4J INC. STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) • / The foregoing instrument was acknowledged befor e this di af,�t'3'1� `4' - C1 19� A.D. , by C.1 1 �� C • ` >n�l ?'cptmission expires! ,a ITV S'O MY HAND AND OFFICIAL SEAL. rP DDI S c t of • ��Uti Notary Public 95016'016'.'151 Book: 2892 Page: 88 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. EXHIBIT A EASEMENT NO. 2 FUTURE OUTLOOK BLVD. (100 Foot R.O.W.): An easement 100 feet in width located in the SW 1/4, Sec. 1, and the SE 1/4 Sec. 2, T. 20 S., R. 65 W., being 50 feet on both sides of the following described centerline: Beginning at a point which is the northwest corner of Ridge Gate Filing No. 1 whence the west line of Outlook Boulevard bears S 00 42' 23" W as shown on the recorded plat of said Ridge Gate Filing No. 1 which is the basis of bearings; thence S 89 17' 37" E, 50 feet; thence N 00 42' 23" E, 11.48 feet; thence along a tangent curve to the right whose radius is 600.00 feet, 352.21 feet; thence N 34 20' 24" E, 788.63 feet; thence along a tangent curve to the left whose radius is 600.00 feet, 579.50 feet; thence N 20 59' 54" W, 1398.38 feet, to the True Point Of Beginning, whence the northwest corner of Ridge Gate Filing No. 1 bears S 03 16' 28" W, 2856.65 feet; thence N 20 59' 54" W, 475.75 feet; thence along a tangent curve to the right whose radius is 2500.00 feet, 223.80 feet; thence N 15 52' 09" W, 1071.53 feet, to a point which lies on the southerly boundary of the deeded Platteville Boulevard. 9502600.151 EASEMENT CORRECTION The following corrects the easement filed for record in Book 2892, on Pages 87 and 88 in the County of Pueblo, Colorado, Clerk & Recorder's Office. Shown as: EASEMENT NO. 2 FUTURE OUTLOOK BLVD. (100 Foot R.O.W.) An easement 100 feet in width located in the SW 1/4, Sec. 1, and the SE 1/4 Sec. 2, T. 20 S., R. 65 W. being 50 feet on both sides of the following described centerline: Beginning at a point which is the northwest corner of Ridge Gate Filing No. 1 whence the west line of Outlook Boulevard bears S 00° 42'23" W as shown on the recorded plat of said Ridge Gate Filing No. 1 which is the basis of bearings; thence S 89" 17' 37" E, 50 feet; thence N 00° 42' 23" E, 11.48 feet; thence along a tangent curve to the right whose radius is 600.00 feet, 352.21 feet; thence N34" 20' 24" E, 788.63 feet; thence along a tangent curve to the tell whose radius is 600.00 feet, 579.50 feet; thence N 20° 59'54" W, 1398.38 feet, to the True Point Of Beginning, whence the northwest corner of Ridge Gate Filing No. I bears S 03" 16'28" W, 2856.65 feet; thence N 20" 59' 54" W, 475.75 feet; thence along a tangent curve to the right whose radius is 2500.00 feet, 223.80 feet; thence N 15" 52'09" W, 1071.53 feet, to a point which ties on the southerly boundary of the deeded Platteville Boulevard. Correct last distance from 1071.53 feet to 1139.69 feet, such that last chord reads: thence N 15" 52' 09" W, 1139.69 feet, to a point which lies on the southerly boundary of the deeded Platteville Boulevard. 1111111111111111111111111111111111111111111111111111111 1231693 07/31/1998 12:25P C EASE Chris C. Munoz 1 of 1 R 6.00 0 0.00 Pueblo Cty Clk 8 Roc. Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. "GRANTOR" and "GRANTEE" shall include the plural and the feminine. This easement and right of way shall be binding upon, and shall insure to the benefit of the heirs, personal representatives, successors, assigns of the GRANTOR and GRANTEE. WITNES5_A,,,_ hand and seal this ) � day of G e._j c)b Q r 19 � Mesquite LLC B T -E -H Developers, Inc., as Manager STATE OF COLORADO) �. •� (SEAL) ) SS. Thomas E. Hausman, President COVNTY PUEBLO ) okegolng instrument was acknowledged before me this ) day of ` \ . , b y r C �naa!_ 1C��� l�Qat��v pt on expires WITNESS my hand and official seal. RESQUI'T.cee Notary Public ACCESS AND PUBLIC UTIL.IT'Y EASEMENT KNOW ALL MEN BY THESE PRESENTS That the undersigned Mesquite LLC m rn 0 rr cn of the County of Pueblo , State of ,hereinafter called r-r a o _Colorado the "grantor ", hereby grants to PUEBLO, a municipal corporation organized and existing as a Home Rule City under Article XX of the Constitution of the ?* State of Colorado, hereinafter called the "grantee ". WITNESSETH: THAT IN CONSIDERATION OF THE sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, wo GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and (D -3 right of way for the purpose of all public utilities, in, through, over, under . cn V) and across GRANTOR'S property situated in Pueblo County, Colorado, and described as followsc en rt 1-9 o m o .. ^I a C) o !V (D �- CYN `•° An easement 50 feet in width located in the N 1/2,. of the SW 1/4 of Sec. 11, T. 20 S., R. 65 W., which is a part of a Power Easement 120 feet in width u recorded in Book 1300, Page 223 and Book 1537, Page 757 in the County of Pueblo, Colorado, more particularly described as follows: Beginning at a point which is the northerly corner of the westerly subdivision line of o Skyline Park Filing No. 1 whence the westerly line of said subdivision bears (A CD S 01° 54' 07" W which is the basis of bearings; thence N 01° 54' 07" E, 90.44 feet, to the True Point Of Beginning; thence N 01° 54' 07" E, 64.60 feet; N thence S 52" 36' 56" W, 322.14 feet; thence N 89° 40' 26" W, 866.66 feet; thence S 02° 49' 35" W 120.11 feet; thence S 89° 40' 26" E, 30.03 feet; C> thence N 02° 49' 35" E, 70.07 feet; thence S 89 40' 26" E, 855.89 feet; ry o thence N 52° 36' 56" E, 298.31 feet, to the True Point of Beginning. L9 N r D O Co rh b TOGETHER WITH the right to enter upon said property for the purpose of kn construction, maintenance, control, and repair, and together with the right to 2 use so much of the adjoining property of GRANTOR for said purposes. The -0 W GRANTOR reserves the right to use and occupy said property for any purpose M 0 consistent with the right and privilege above granted and which will not Cr n interfere with or endanger any of the GRANTEE'S equipment or facilities ° y therein or use thereof. Such reservation by the GRANTOR shall in no event o u include the right to locate or erect or cause to be located or erected any n n building, masonary wall, or any other structure or mobile home trailer unit upon the easement herein granted. Further, Grantee shall have the right to fr, c make temporary openings in metal, wire or wooden fences to permit such ingress m o N or egress by vehicles or equipment of the Grantee. n Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. "GRANTOR" and "GRANTEE" shall include the plural and the feminine. This easement and right of way shall be binding upon, and shall insure to the benefit of the heirs, personal representatives, successors, assigns of the GRANTOR and GRANTEE. WITNES5_A,,,_ hand and seal this ) � day of G e._j c)b Q r 19 � Mesquite LLC B T -E -H Developers, Inc., as Manager STATE OF COLORADO) �. •� (SEAL) ) SS. Thomas E. Hausman, President COVNTY PUEBLO ) okegolng instrument was acknowledged before me this ) day of ` \ . , b y r C �naa!_ 1C��� l�Qat��v pt on expires WITNESS my hand and official seal. RESQUI'T.cee Notary Public ACCESS AND PUBLIC UTILITY EASEMENT IT IS THE INTENT of this document to grant the above described easement through the future right -of -way of what will be a dedicated public street. Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. Any portion of said easement shall terminate and cease to exist when the land within said portion is dedicated as a public street. "GRANTOR" and "GRANTEE" shall include the plural and the feminine. This easement and right of way shall be binding upon, and shall insure to the benefit of the heirs, personal representatives, successors, assigns of the GRANTOR and GRANTEE, WITNESS hand and seal STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) this 1 54 day of QGgobar 19 & Mesquite LLC T -E -H Deve Inc., as Manager SEAL). Thomas E. Hausman, President The foregoing instrument was acknowledged before me this f day of ' j ,, ; _ ` 0 2r 19 � by F '£•N 014, � {q3 r C ;' ,� ; •'M� omrrfision expires / / -Y -99 WITNESS my hand and official seal. �'�'• ce Notary Public KNOW ALL MEN BY THESE PRESENTS That the undersigned Mesquite LLC ,..450 w �rn n of the County of Pueblo State of Colorado ,hereinafter called the "grantor ", hereby grants to PUEBLO, a municipal corporation organized and existing as a Home Rule City under Article XX of the Constitution of the sx State of Colorado, hereinafter called the "grantee ". WITNESSETH: THAT IN ' CONSIDERATION OF THE sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, .� w GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and right of way for the purpose of all public utilities, in, through, over, under ON and across GRANTOR'S property situated in Pueblo County, Colorado, and � described as follows: d rt I An easement located in the SW 1/4 of Sec. 11, T. 20 S., R. 65 W., which lies n south of a Power Easement 120 feet in width recorded in Book 1300, Page 223, d o and Book 1537, Page 757 in the County of Pueblo, Colorado, more particularly CJ described as follows: Beginning at a point which is the northerly corner of the westerly subdivision line of Skyline Park, Filing No. 1, whence the �h westerly line of said subdivision bears S 01° 54' 07" W which is the basis of \' bearing; thence S 52° 36' 56" W, 264.94 feet; thence N 89° 40' 26" W, 882.85 ° feet; to the True Point of Beginning; thence S 02° 49' 35" W, 1,340.57 feet; °° ma y .. thence along a curve to the right whose center bears N 87 10' 25" W, 230 E„ FO feet, a distance of 125.80 feet; thence S 34° 09' 51" W, 100 feet; thence " along a curve to the left whose center bears S 55° 50' 09" E, 170.00 feet, a N distance of 71.82 feet to a point along the north line of the existing 30 foot ~' Cn water easement which is the South 30 feet of said Section 11; thence S 89° 38' o 05 W, 61.05 feet; thence along the east line of the SE 1/4 of the SW 1/4 of . p the SW 1/4 of Section 11, N 02° 49' 35" E, 201.23 feet; thence S 55° 50'09" E, 110.00 feet; thence N 34° 09' 51" E, 32.44 feet; thence along a curve to the left whose center bears N 55" 50' 09" W, 200.00 feet, a distance of 109.39 feet; thence N 02° 49' 35" E, 1,339.26 feet; thence S 89° 40' 26" E, 30.03 ° OD feet to the True Point of Beginning. b � a w 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 (D ° GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not ° tr interfere with or endanger any of the GRANTEE'S equipment or facilities o n therein or use thereof. Such reservation by the GRANTOR shall in no event n include the right to locate or erect or cause to be located or erected any ' permanent building with a foundation upon the easement herein granted, A, Further, Grantee shall have the right to make temporary openings in fences to M0 permit such ingress or egress by vehicles or equipment of the Grantee. P N IT IS THE INTENT of this document to grant the above described easement through the future right -of -way of what will be a dedicated public street. Any public utility choosing to locate within this granted easement, shall situate their mains and /or cables within said easement according to the requirements of the City of Pueblo, Department of Public Works. Any portion of said easement shall terminate and cease to exist when the land within said portion is dedicated as a public street. "GRANTOR" and "GRANTEE" shall include the plural and the feminine. This easement and right of way shall be binding upon, and shall insure to the benefit of the heirs, personal representatives, successors, assigns of the GRANTOR and GRANTEE, WITNESS hand and seal STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) this 1 54 day of QGgobar 19 & Mesquite LLC T -E -H Deve Inc., as Manager SEAL). Thomas E. Hausman, President The foregoing instrument was acknowledged before me this f day of ' j ,, ; _ ` 0 2r 19 � by F '£•N 014, � {q3 r C ;' ,� ; •'M� omrrfision expires / / -Y -99 WITNESS my hand and official seal. �'�'• ce Notary Public