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
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�._��'- /, 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
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of the County of Pueblo , State of ,hereinafter called
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_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,
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GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and
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right of way for the purpose of all public utilities, in, through, over, under
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and across GRANTOR'S property situated in Pueblo County, Colorado, and
described as followsc
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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
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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
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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;
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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;
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thence N 02° 49' 35" E, 70.07 feet; thence S 89 40' 26" E, 855.89 feet;
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thence N 52° 36' 56" E, 298.31 feet, to the True Point of Beginning.
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TOGETHER WITH the right to enter upon said property for the purpose of
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construction, maintenance, control, and repair, and together with the right to
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use so much of the adjoining property of GRANTOR for said purposes. The
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GRANTOR reserves the right to use and occupy said property for any purpose
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consistent with the right and privilege above granted and which will not
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interfere with or endanger any of the GRANTEE'S equipment or facilities
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therein or use thereof. Such reservation by the GRANTOR shall in no event
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include the right to locate or erect or cause to be located or erected any
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building, masonary wall, or any other structure or mobile home trailer unit
upon the easement herein granted. Further, Grantee shall have the right to
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make temporary openings in metal, wire or wooden fences to permit such ingress
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or egress by vehicles or equipment of the Grantee.
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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
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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,
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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
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described as follows:
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An easement located in the SW 1/4 of Sec. 11, T. 20 S., R. 65 W., which lies
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south of a Power Easement 120 feet in width recorded in Book 1300, Page 223,
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and Book 1537, Page 757 in the County of Pueblo, Colorado, more particularly
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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
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westerly line of said subdivision bears S 01° 54' 07" W which is the basis of
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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;
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thence along a curve to the right whose center bears N 87 10' 25" W, 230
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feet, a distance of 125.80 feet; thence S 34° 09' 51" W, 100 feet; thence
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along a curve to the left whose center bears S 55° 50' 09" E, 170.00 feet, a
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distance of 71.82 feet to a point along the north line of the existing 30 foot
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water easement which is the South 30 feet of said Section 11; thence S 89° 38'
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05 W, 61.05 feet; thence along the east line of the SE 1/4 of the SW 1/4 of
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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
°
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feet to the True Point of Beginning.
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TOGETHER WITH the right to, enter upon said property for the purpose of
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construction, maintenance, control, and repair, and together with the right to
use so much of the adjoining property of GRANTOR for said purposes. The
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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
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interfere with or endanger any of the GRANTEE'S equipment or facilities
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therein or use thereof. Such reservation by the GRANTOR shall in no event
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include the right to locate or erect or cause to be located or erected any
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permanent building with a foundation upon the easement herein granted,
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Further, Grantee shall have the right to make temporary openings in fences to
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permit such ingress or egress by vehicles or equipment of the Grantee.
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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