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HomeMy WebLinkAbout09407RESOLUTION NO. 24p7 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO HORIZON COMMUNITIES, INC., A COLORADO CORPORATION, AS OWNER OF A PARCEL OF GROUND NORTH OF AND ADJACENT TO WESTRIDGE FILING NO. 5 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. 6. Section 3. This resolution shall become effective upon passage and approval INTRODUCED nctnher g 2001 BY Corinne Koehler Councilperson i" APPROV r L f nt of the Council ATTEST: ro` City Clerk - �- _1.a11111_.1111IIIII 111111111111 II illlllllIIIIIIII II11IIII 1354687 10/18/2000 09:51A R D W Chris C. Munoz 20.00 D 0.00 Pueblo Ct.y Clerk & Rec EASEMENT AND RIGHT -OF -WAY THIS EASEMENT, granted this day of _ AAA 4; 1 1, , 2000 , by HORIZON COMMUNITIES, INC., a Colorado Corporation , 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 and assigns, a temporary easement and right -of -way for the purpose of drainage , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property' See attached EXHIBIT A TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent 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 on the Property any building or any other structure or manufactured or mobile home or trailer unit. 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 -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and 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. UPON DEDICATION of all or a portion of this Easement as a public street or right -of -way this Easement shall terminate as to the portion thereof so dedicated. SIGNED this 2 �' day of /� U-� 4 '." � '�— 2000 . GRANTOR: HORIZON COMMUNITIES, INC., a Colorado Corporation Robert W. Leach, President Page 1 of 2 COUNTY OF PUEBLO ss 1354687 10/18 � /2000 09:51AR�� m II 11 l 0 WChrisC.Mun z STATE OF COLORADO) 2 of 4 R 20.00 D 0,00 Pueb 1 o Ct.y Clerk & Rec The foregoing instrument was acknowledged before me in Pueblo County, Colorado, this / 2-"L day of _ A v v1 ! F -r-- , 2000 by Robert W. Leach, President of Horizon Communities, Inc., a Colorado Corporation. Witness my hand and official seal. My commission expires: � t G - M. ST� 2,1 q (s_:'w'Q -h GI-v, M UBU iJY= C(V My Comm Expires 07110/2002 Q k DLO , Co �$l ©off ��a�A A�� Not ry Public Page 2 of 2 1 1354687 10/18/2000 09:51A R 0 W Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec EXHIBIT A PROPOSED DRAINAGE EASEMENT: An easement for drainage purposes through the S 1 /2 of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo, State of Colorado, being 20 feet in width, 10 feet on each side of the following described centerline: Considering the South fine of the SW 1 /4 of Section 11, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 89 °56'04" W. and all bearings contained herein being relative thereto. Commencing at the Northernmost corner of Lot 1, Block 3 in Westridge, Filing No. 5, A Special Area Plan, according to the recorded plat thereof; thence N. 67 0 09'43" E., along the North subdivision boundary line of said Filing No. 5, a distance of 19.00 feet to the True Point of Beginning of the easement centerline herein described; thence N. 33 0 14'40" W., a distance of 554.97 feet; thence N. 89 0 55'28" W., a distance of 172.18 feet to the West line of a tract of land conveyed by deed recorded February 8, 2000 at Reception No. 1319378 of the Pueblo County records and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, Colorado 81003 August 9, 2000 3N 99 097 02 1 111111 11111 11111 111111 111111 it 11111111 111 11111 1111 111 111111 11111 II111 111111 111111 II /1111111 III 11111 1111 1111 1354687 10/18/2000 09:51A R 0 W Chris C. Munoz 4 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Rec W J U cn Kq M � 9 NO ,� � • 0 Z p I ------ - - - --I V C - ---- 1 NP i �tpl 12 / O , F - - - - -� q . 00 / I =� rn � I � 1 �`•\ l`C\ 1 I r I I I I i I I I I III I I I , I I 1 I 1 J N J, III I ^ ��.. I �•- .� - � �;- ��i III 1 I 111 I I I I 1 I 111 -- --- - -- II I , 1422325 Resolution #9407 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII001g25 /2002 11:21r ChrisC. Munoz RELEASE OF EASEMENT This release of easements,is made on October 9 2001, 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 easements recorded in the Pueblo County Records by Reception No. 1143076 and Reception No. 1354687; and WHEREAS, the Owner is the Grantor and the City is the Grantee of an easement described in Reception No. 1143076 of the Pueblo County Records for a public utility easement across Owner's property and an easement described in Reception No. 1354687 for drainage across Owner's property; and WHEREAS, the Owner has agreed to dedicate Public Right of Way on the plat of Westridge, Filing No. 6, to replace the easements being released; and NOW THEREFORE in consideration of Owner dedicating Public Right Of Way on the plat of Westridge, Filing No., 6, to replace the easements being released, the City hereby releases the portion of t� scribed in attached Exhibit "A" and shown in Exhibit "B ". a£ /r City Clerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on nrtnhar 15 1 2001, by Al Gurul a President of City Council and ri na Dutcher as City Clerk. its" and and official seal. TA co xpires: 8 -21 -2003 >t z r Notary Public N� ) \ 0p G; POO 9TF p�� My Commssion Ezpres 08/201043 Pae: of 3 IIIIII VIII IIIIII VIII III IIIIIIII VIII III VIII IIII IIII 019 25/2002 11:21$ ChrizC.Munoz Pu@bloCt YC1k4R&c R EASE R 15.00 0 0.00 EXHIBIT "A" DESCRIPTION OF RELEASE OF EASEMENT: All that portion of the Access and Public Utility Easement, described in and conveyed by Reception No. 1143076 of the Pueblo County Clerk and Recorder's records, which lies within the subdivision boundaries of Westridge, Filing No. 6, according to the recorded plat thereof; and All the Drainage Easement described in and conveyed by Reception No. 1354687 of the Pueblo County Clerk and Recorder's records. County of Pueblo, State of Colorado EXHIBIT "B" Q �v J� EASEMENT RELEASE WITHIN WESTRIDGE FILING NO.6 a • UNPLA TIED I I I I E>WWc ACCEEB AtIDPIELIC tnlLtly EASE►ENf I 1 D IN FtECEPTIDM MD. its." I I M N 1 N POR110N OF EAONBR DESCRIED W RECEP110N NO. 114 W! TO EE IDEA= o u k� WES TRIC GE, FILING NO.6 COMAW k' PDEELO BOARD OF WA MR NDRKS � PARCEL • 1 w. BOP( 1478 PACE 443 ' ALOCK I / ' wEsi I GE, FILING Ndl 5 1 1"I 1 1 1 °1 °lr 7 J�_� I 1 I i I I I I I I I I I I I I I I I I I I I I I I I I t I I i I I 1 1 I 1 I I I I I I I L_ 1_J__L_L_1_J__L_L_L_ I IIIIII IIIII IIIIII IIIII III IIIIIIII IIIII III IIIII IIII IIII :*I 1 4223 2 5 00 1:211 ChrisC.Munaz Pu.bloCtyClk &R.c R EASE R 15.00 D 0.00 o � o D 0 Background Paper for Proposed RESOLUTION �0.'+9�10'7 AGENDA ITEM # 3 DATE: October 9, 2001 DEPARTMENT: PUBLIC WORKS, Tom Cvar TITLE A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO HORIZON COMMUNITIES, INC., A COLORADO CORPORATION, AS OWNER OF A PARCEL OF GROUND NORTH OF AND ADJACENT TO WESTRIDGE FILING NO. 5 ISSUE Should City Council authorize the release of two easements to Horizon Communities, Inc., A Colorado Corporation, to facilitate the platting of Westridge Filing No. 6 Subdivision. RECOMMENDATION Approval of Resolution BACKGROUND The easement described in Reception No. 1143076 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. The portion of the easement to be released will be replaced by the dedication of right of way on the Westridge Filing No. 6 plat. The easement described in Reception No. 1354687 was granted for a temporary drainage channel that will be replaced by storm sewers within the right -of -way of the Westridge Filing No. 6 plat. Attached is a copy of the easements and the Release Form which includes a sketch of the easements to be released. FINANCIAL IMPACT There is no financial impact upon the City due to this action AG)CESS AND PUBLIC U'PILJ�rY EASEMEx04T KNOW ALL MEN BY THESE PRESENTS That the undersigned Mes LLC of the County of Pueblo , State of_Cclorado ,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 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, 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 and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: . An easement located in the SW 1/4 of Sec. 11, T. S., R. 65 W., which lies south of a Power Easement 120 feet in width 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 Skyline Park, Filing No. 1, whence the westerly line of said subdivision bears S O1' 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 feet; thence along a curve to the right whose center bears N 87' 10' 25" W, 230 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 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' 36' 05" W, 61.05 feet; thence along the east line of the SE 1/4 of the SW 1/4 of 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 69' 40' 26" E, 30.03 feet to. the 'Prue Point of Beginning. 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 permanent building with a foundation upon the easement herein granted. Further, Grantee shall have the right to make temporary openings in fences to Permit such ingress or'egress by vehicles or equipment of the Grantee. IT IS THE INTENT of this document to grant the above described ease' lient 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 this - — / day of Oe,qob er 19 Mesquite LLC T -E -H Develop Inc., as Manager STATE OF COLORADO) Thomas E. Hausman, President COUNTY OF PUEBLO ) The foregoin g t o 2r , My{ omrti`sion • m � cD m n CD E • k7 ; rr i rh 0 x ar. zo � r� r CD o CD J cy cn w r m m o cn O .. tr H 0 M r rn rn 0 O 9 E H O 1 cn m N r ui ON o ' b o L9 0 N r w W o w , v w � m m 'c w G O cr � n o � C� a m a n � R G CU m o this P N instrument was acknowledged before me $� / day of 19 fl.— by i n E expires /i— y —q9 WITNESS my hand and official seal. Notary Public