HomeMy WebLinkAbout09116RESOLUTION NO. 9116
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT TO
HORIZON COMMUNITIES, INC., A COLORADO CORPORATION,
AS OWNER OF A PARCEL OF GROUND NORTH OF AND
ADJACENT TO NORTHRIDGE NO. 10 SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
Section 1.
The attached release of easements 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
Westridge, Filing No. 5, A Special Area Plan
Section 3.
This resolution shall become effective upon passage and approval
INTRODUCED September 25 ' 2000
By Rich Golenda
Councilperson
APPROV
President of the Council
ATTEST:
City Clerk
Council Agenda
TITLE : A Resolution Authorizing a Release of Easement to
Horizon Communities, Inc., A Colorado Corporation,
as owner of a parcel of ground north of and adjacent
to Northridge No. 10 Subdivision
DEPARTMENT: Public Works
ISSUE
AGENDA ITEM # 7
DATE : September 25, 2000
Should the City Council authorize the release of easement to Horizon Communities, Inc., A Colorado
Corporation, to facilitate the platting of this parcel.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
This easement was granted to allow the Water Board and other utilities to extend their mains across
private property to serve land to the north. The description was based on the proposed alignment of
Widener St. according to the Crestview Hills Master Plan. In laying out the streets for Westridge, Filing
No. 5, A Special Area Plan the street alignment was changed slightly and part of this existing easement
encroaches into proposed lots. The portion of the easement to be released will be replaced by the
dedication of right of way on the Westridge, Filing No. 5, A Special Area Plan plat and Parcel "C.
Attached is a copy of the easement and a sketch showing the portion of the easement to be released.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action
D � �
Reso. #9116
111 1111111111111111111111111111111111111111111111111111
1354680 10/18/2000 09:51A R EASE Chris C. Munoz
1 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec
RELEASE OF EASEMENT
This release of easements is made on September 25 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).
WHEREAS, the Owner is the property owner of the property described in the easement
recorded in the Pueblo County Records in Book 2938, Page 40; and
WHEREAS, the Owner is the Grantor and the City is the Grantee of an easement described in
Book 2938, Page 40 of the Pueblo County Records for a public utility easement across
Owner's property; and
WHEREAS, the Owner has agreed to dedicate Public Right of Way on the plat of Westridge,
Filing No. 5, A Special Area Plan, to replace a portion of this easement; and
NOW THEREFORE in consideration of Owner dedicating Public Right Of Way on the plat of
Westridge, Filing No. 5, A Special Area Plan, to replace a portion of this easement, the City
hereby releases the portion of the easement described in attached Exhibit "A ".
Puebl a*unicip tion
B
/
President of City Council
ATTEST:
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on September 27 ' 2000,
by Corinne Koehler President of City Council and Gina Dutcher as City Clerk.
-Witte s my hand and official seal.
My acornrPission expires: 8 -21 -2003
Notary Public
kiv
Reso. #9116
1111111
1354680
10/18/2000 09:51A R EASE
Chris
C.
Munoz
2 of 4 R
20.00 0 0.00 Pueblo Cl.y
Clerk
8
Ree
EXHIBIT "A"
DESCRIPTION OF RELEASE OF EASEMENT:
All that portion of the Access and Public Utility Easement, described in and conveyed by the
easement recorded in Book 2938, Page 40 of the records of the Pueblo County Clerk and
Recorder, which lies within the subdivision boundaries of Westridge, Filing No. 5, A Special
Area Plan, according to the recorded plat thereof.
County of Pueblo, State of Colorado
RESO. #9116
ACCESS AND PUBLIC UTILITY EASEMENT
N
O
7 V
E O
L
L a
H
V V
�W a
� a �
_ W
� Im
�a 7
In O.
O) I9
00
to e9
N 0
� Gom
6;
—m N
— 00 Rr
t0
=m an O
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 _M hand seal
STATE OF COLORADO)
) SS.
COUNTY OF PUEBLO )
The foregoing
o er
' M� ,r�omriti 9 i on
this Is-4 day of Go-gober 19
Mesquite LLC
T -E -H Deveelope Inc., as Manager
`�•l7 SEAL).
Thomas E. Hausman, President
instrument was acknowledged before me this f day of
19 by E $• oA "" "" i/ "
m ��
expires WITNESS my hand and official seal.
Notary Public
KNOW ALL MEN BY THESE PRESENTS That the undersigned
Mesquite LLC
,,7u
w n
rr N
10
of the County of Pueblo State of Colorado ,hereinafter called
the "grantor ", hereby grants to PUEBLO, a municipal corporation organized and
E a
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
r
consideration, paid by the GRANTEE, receipt of which is hereby acknowledged,
.,y w
GRANTOR hereby grants to GRANTEE, its successors and assigns, an easement and
m °
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:
I
An easement located in the SW 1/4 of Sec. 11, T. 20 S., R. 65 W., which lies
O (0
O
south of a Power Easement 120 feet in width recorded in Book 1300, Page 223,
ty o
rJ
and Book 1537, Page 757 in the County of Pueblo, Colorado, more particularly
CD ,`.
described as follows: Beginning at a point which is the northerly corner of
co
the westerly subdivision line of Skyline Park, Filing No. 1, whence the
westerly line of said subdivision bears S 01° 54' 07" W which is the basis of
rn
bearing; thence S 52° 36' 56" W, 264.94 feet; thence N 69" 40' 26" W, 882.85
°
feet; to the True Point of Beginning; thence 5 02" 49' 35" W, 1,340.57 feet;
°°,'�
thence along a curve to the right whose center bears N 87" 10' 25" W, 230
y m
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
water easement which is the South 30 feet of said Section 11; thence S 89 38'
°°
05" W, 61.05 feet; thence along the east line of the SE 1/4 of the SW 1/4 of
ro o
the SW 1/4 of Section 11, N 02" 49' 35" E, 201.23 feet; thence S 55" 50'09" E,
`o o
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
0 a
feet to. the 'Prue Point of Beginning.
m
to
TOGETHER WITH the right to. enter upon said property for the purpose of
' fD
construction, maintenance, control; and repair, and together with the right to
v m
use so much of the adjoining property of GRANTOR for said purposes. The
m °
GRANTOR reserves the right to use and occupy said property for any purpose
° n
consistent with the right and privilege above granted and which will not
0 r3
interfere with or endanger any of the GRANTEE'S equipment or facilities
r
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
'
permanent building with a foundation upon the easement herein granted.
Q,c
Further, Grantee shall have the right to make temporary openings in fences to
o
permit such ingress or egress by vehicles or equipment of the Grantee.
n 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 _M hand seal
STATE OF COLORADO)
) SS.
COUNTY OF PUEBLO )
The foregoing
o er
' M� ,r�omriti 9 i on
this Is-4 day of Go-gober 19
Mesquite LLC
T -E -H Deveelope Inc., as Manager
`�•l7 SEAL).
Thomas E. Hausman, President
instrument was acknowledged before me this f day of
19 by E $• oA "" "" i/ "
m ��
expires WITNESS my hand and official seal.
Notary Public
!4r,r LX4TL)N a; SUF�3,P.4DE
SAVP-
, R LAWR4FOR? ANALtiSIS.
N's
6 ('50
TPE Sly 1/4
N-j
PAN-2E 65 1 4? EST
MIFIN AT THE
DIE 6R1
'MATION SH
f
-)S50j'O'9.4 05, W
(S
7.60
r ,r�
:3
..... .... .
I'L,
11111111111111111111111111111111 - 54680 10 /18/2000 1 4 of 4 09:51A EASE Chri R 20-00 0 0 Pue b'O CtY Clerk C'Re'cu nom
N's
N-j
f
. .
4 . . . . . . . . . . . . . . . . . . . . . . .
lk
. . . . . . ...... N89 01 w
. . . . . . . . . . . .
F
it
�
it j ��
V L
i1 /i 1:
"At
-- ----
L
I'L,
11111111111111111111111111111111 - 54680 10 /18/2000 1 4 of 4 09:51A EASE Chri R 20-00 0 0 Pue b'O CtY Clerk C'Re'cu nom