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ChrisC.Munoz PuebloCtYC1k &Rec RES R 15.00 D 0.00
RESOLUTION NO. 9420
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO
PANNUNZIO, INC., A COLORADO CORPORATION, AS OWNER OF
LOTS 1 AND 2 OF LAKESHORE ESTATES NO.2 SUBDIVISION
SUBJECT TO THE CONSTRUCTION OF PERMANENT DRAINAGE
IMPROVEMENTS PER THE LAREDO AT PARKSIDE SUBDIVISION
IMPROVEMENTS AGREEMENT
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
Section 1.
The attached Release of Easement, between Pueblo, a Municipal Corporation, and Pannunzio,
Inc., A Colorado Corporation, having been approved as to form by the City Attorney, is hereby
approved, reserving, however, to the City of Pueblo the right to operate and maintain the existing
temporary drainage facilities within said easements until such facilities are replaced by permanent
drainage improvements in accordance with the Laredo at Parkside Subdivision Improvements
Agreement.
Section 2.
The reservations set forth in Section 1 hereof shall automatically terminate upon recording in
the Pueblo County Clerk and Recorder's office a statement by the Director of Public Works of the
City of Pueblo certifying that all drainage improvements required under the Laredo at Parkside
Subdivision Improvements Agreement have been constructed and accepted by the City of Pueblo.
Section 3.
This Release of Easement is also conditioned upon the requirement that the developer of
Laredo at Parkside identify on the subdivision plat all proposed lots within the easements to be
released and include a note on the plat stating that none of the lots, so identified, may be sold until a
statement is recorded per Section 2, by the Director of Public Works of the City of Pueblo.
Section 4.
The President of the City Council is hereby authorized to execute the Release of Easement in
the name 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 of Easement together with a
certified copy of this Resolution in the office of the Pueblo County Clerk and Recorder
contemporaneously with the recording of the subdivision plat for Laredo at Parkside.
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Section 5. ChrisC.Munoz Pueb1oCtyC1k &Rec RES R 15.00 D 0.00
This resolution shall become effective upon passage and approval.
INTRODUCED Novembor 12 2001
ca ,�
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ATTEST:
City Clerk
By Corinne Koehler
Councilperson
Gina Dutcher, CIVIC D E:)
City Clerk (] °
#1 City Hall Place City of Pueblo
Pueblo, Colorado 81003
(719)584 -0840 OFFICE OF THE CITY CLERK
(719) 5840844 (FAX)
TO WHOM IT MAY CONCERN:
I, Gina Dutcher, City Clerk of the City of Pueblo, Colorado, do hereby certify that
the attached is a true and correct copy of Resolution No. 9420, adopted by the City
Council of Pueblo on November 12, 2001 and that I am entrusted with the safekeeping
of the original.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Pueblo, Colorado, this 20 day of November, 2001.
Y 1
t
Gina utcher, CIVIC
City Uerk
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ChrisC.Munoz Pueb1aCtyC1k &Rec RES R 15.00 D 0.00
Background Paper for Proposed
RESOLUTION
&(-) � * qq20
AGENDA ITEM # I
DATE: November 12, 2001
DEPARTMENT: PUBLIC WORKS, Tom Cvar
TITLE
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO PANNUNZIO, INC.,
A COLORADO CORPORATION, AS OWNER OF LOTS 1 AND 2 OF LAKESHORE
ESTATES NO. 2 SUBDIVISION SUBJECT TO THE CONSTRUCTION OF PERMANENT
DRAINAGE IMPROVEMENTS PER THE LAREDO AT PARKSIDE SUBDIVISION
IMTROVEM ENTS AGREEMENT
ISSUE
Should City Council authorize the release of three temporary easements to Pannunzio, Inc., A
Colorado Corporation, to facilitate the platting of Laredo at Parkside Subdivision.
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The temporary easements described in Reception No. 1231015, 1231016 and 1231017 were
granted to allow the construction of temporary drainage swales and detention areas to handle
the storm water runoff from Laredo at Lakeshore until such time as permanent facilities are
built to handle the runoff from both Laredo at Lakeshore and Laredo at Parkside.
Attached is a copy of the easements and the Release of Easement document which includes a
sketch of the easements to be released.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
RESO. 9420
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RELEASE OF EASEMENT
This Release of Easement is made on November 12 , 2001, by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo,
Colorado 81003, to Pannunzio, Inc., A Colorado Corporation, (Owner).
WHEREAS, the Owner is the property owner of the property described in Exhibit "A "; and
WHEREAS, the Owner is the Grantor and the City is the Grantee of easements described in
Exhibit "A "; and
WHEREAS, the Owner has agreed to dedicate Public Right of Way and Drainage easements on
the plat of Laredo at Parkside to replace the easements being released; and
NOW THEREFORE in consideration of Owner dedicating Public Right Of Way and Drainage
easements on the plat of Laredo at Parkside to replace the easements being released, the City
hereby releases the easements described in attached Exhibit "A" and shown in Exhibit "B"
subject to the conditions of Resolution No. 9420 as approved by City Council on November 12,
2001.
c
r �
ATTEST:
City Clerk
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on 2001,
by Al Gur
President of City Council and Gina Dutcher
Witness my hand and official seal.
pmmiss i&q expires: r �/
p • NOTARY •
- S
PUBLIC c,
r�
as City Clerk.
Notary Public
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EXHIBIT "A"
DESCRIPTION OF RELEASE OF EASEMENT:
That portion of the Drainage Easement, described in Exhibit "A" and conveyed by Reception No.
1231015 of the Pueblo County Clerk and Recorder's records, more particularly described as
follows:
A temporary easement for drainage purposes through a portion of Lakeshore
Estates No. 2, according to the recorded plat thereof, filed for record August 7,
1974, being 55 feet in width and being more particularly described as "The West
55 feet of the South 1047.38 feet of Lot 2 in said Lakeshore Estates No. 2"
All the Temporary Access Easement described in Exhibit "A" and conveyed by Reception No.
1231016 of the Pueblo County Clerk and Recorder's records.
All the Drainage Easement described in Exhibit "A" and conveyed by Reception No. 1231017 of
the Pueblo County Clerk and Recorder's records.
County of Pueblo, State of Colorado
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EXHIBIT "B"
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ESTATES
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M iii 11111111111 IN 111111111111 iii 111111111 IN
1231018 7/28/1998 10:41A EASE Chris C. Munoz
0 11.00 D 0.00 Pueblo Cty Clk 8 Roe.
TEMPORARY EASEMENT AND RIGHT -OF -WAY
THIS TEMPORARY EASEMENT, granted this ,:C day of { c, 1998, by
ALDO A. BATTISTE, an individual, GRANTOR, to PUEBLO, ai� 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:
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 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 Temporary 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-
way, 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 quit claim this Temporary Easement back to GRANTOR when a
substitute permanent easement satisfactory to GRANTEE'S Director of Public Works is
granted to the GRANTEE.
"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 -( = day of , 1998.
GRANTOR:
Aldo A. Battiste
STATE OF COLORADO )
ss
COUNTY OF PUEBLO )
Subscribed and sworn to before me this G "day of f7��.T 998 by Aldo A.
TR.TESS`1VIY HAND AND OFFICIAL SEAL.
� uamual�ission expires:
C
M .0 1 11111 111111 11 11 11111 1111111 III 11111 1111 1111
/28/1998 10:41A EASE Chris C. Munoz
11.00 D 0.00 Pueblo Cty Clk & Rec.
IWO le I= M11
An easement for drainage purposes through a portion of Lakeshore Estates, No. 1, according to
the recorded plat thereof, filed for record April 9, 1974, being 40 feet in width and being more
particularly described as follows:
The North 40 feet of Lots 1 and 2 in said Lakeshore Estates, No. 1
An easement for drainage purposes through a portion of Lakeshore Estates No. 2, according to
the recorded plat thereof, filed for record August 7, 1974 being more particularly described as
follows:
The North 30 feet and the East 30 feet of Lot 9 in said Lakeshore Estates No. 2
AND
The North 40 feet of Lots 10 and 11 AND the West 20 feet of said Lot 11 in said Lakeshore
Estates No. 2
AND
A temporary easement for drainage purposes through a portion of Lakeshore Estates No. 2, 'I
according to the recorded plat thereof, filed for record August 7, 1974, being 55 feet in width and
being more particularly described as follows:
t
The West 55 feet of the South 1047.38 feet of Lot 2 in said Lakeshore Estates No. 2.
L
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, CO 81003
May 6, 1998
JN 97 048 02
9704802.1029a
M 11111ui1 111111 1111 11111 1111111 iii 111111111 IN
II
1231016 7/28/1998 10:41A EASE Chris C. Munoz
0 11.00 D 0.00 Pueblo Cty Clk 8 Rec.
TEMPORARY EASEMENT AND RIGHT -OF -WAY
THIS TEMPORARY EASEMENT, granted this %= � day of a, 1998,
by ALDO A. BATTISTE, an individual, GRANTOR, to PUEBL , 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�°'p� 'Yin fl o gh, 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 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 Temporary 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-
way, 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 quit claim this Temporary Easement back to GRANTOR when a
substitute permanent easement satisfactory to GRANTEE'S Director of Public Works is
granted to the GRANTEE.
"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 2 - 'day of 1 1998.
GRANTOR:
Aldo A. Battiste
STATE OF COLORADO )
) SS
COUNTY OF PUEBLO )
Subscribed and sworn to before me this 4 f `day of A�rry , 1998 by Aldo A.
Battiste.
WITNESS MY HAND AND OFFICIAL SEAL
M� � i
gorfi%mssron expires: L al - 200
otary Public
L+ V
1231016 7/28/1998 10:416 EASE Chris C. Munoz
0 11.00 D 0.00 Pueblo Cty Clk 8 Rae.
TEMPORARY ACCESS EASEMENT:
An easement for access purposes through a portion of Lot 2 in Lakeshore Estates No. 2,
according to the recorded plat thereof, filed for record August 7, 1974 being 20 feet in width and
being more particularly described as follows:
Commencing at the Northeast comer of said Lot 2; thence S.89 °57'45 "W., along the North line
of said Lot 1, a distance of 100.00 feet to the True Point of Beginning of the easement herein
described; thence S.00 °43'15 "E., a distance of 162.79 feet; thence S.56 0 07'15 "W., a distance of
273.02 feet; thence N.00 °43' 15 "W., a distance of 23.89 feet; thence N.56 °07' 15 "E., a distance of
249.13 feet; thence N.00 °43'15 "W., a distance of 152.20 feet to the said North line of Lot 2;
thence N.89 °57'45 "E., a distance of 20.00 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 °i Street
Pueblo, CO 81003
April 20, 1998
JN 97 048 02
9704802.1060
i 111111111111111111111111111 iii 1111111111111
1231017 7/28/1998 10:41R EASE Chris C. Munoz
o
R 1 D 0.00 Pueblo Cty Clk & Rae.
TEMPORARY EASEMENT AND RIGHT -OF -WAY
THIS TEMPORARY EASEMENT, granted this day of � 1998,
by ALDO A. BATTISTE, an individual, GRANTOR, to PUEBL 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:
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 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 Temporary 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-
way, 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 quit claim this Temporary Easement back to GRANTOR when a
substitute permanent easement satisfactory to GRANTEE'S Director of Public Works is
granted to the GRANTEE.
"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 z 7 �' day of 1998.
GRANTOR:
Aldo A. Battiste
STATE OF COLORADO )
) SS
COUNTY OF PUEBLO )
Subscribed and sworn to before me thi��ay oft= , 1998 by Aldo A.
Battiste.
,,,: N T"NESS MY HAND AND OFFICIAL SEAL
A1Ccoru ssion expires: t °D/
otary Public
t
M iii 111111111111 IN 111111111111 iii 111111111 IN
3231017 7/28/1998 10:41A EASE Chris C. Munoz
0 11.00 D 0.00 Pueblo Cty Clk & Roe.
DRAINAGE EASEMENTS:
A temporary easement for drainage purposes through a portion of Lot 1 in Lakeshore Estates No.
2, according to the recorded plat thereof, filed for record August 7, 1974, being more particularly
described as follows:
Commencing at the Southeast corner of said Lot 1; thence S.89 °57'45 "W., along the South line
of said Lot 1, a distance of 80.00 feet to the West line of the 80 foot Drainage Easement, as
platted in said Lot 1 and the True Point of Beginning of the easement herein described; thence
S.89 °57'45 "W., along the said South line of Lot 1, a distance of 20.00 feet; thence
N.47 °10'53 "W., a distance of 663.37 feet; thence N.00 °43'15 "W., a distance of 108.16 feet;
thence N.79 °43'38 "E., a distance of 295.07 feet; thence S.64 °15'23 "E., a distance of 234.46 feet
to the said West line of the 80 foot Drainage Easement; thence S.00 °43' 15 "E., along said West
line, a distance of 509.84 feet to the Point of Beginning.
AND
A temporary easement for drainage purposes through a portion of Lot 2 in Lakeshore Estates No.
2, according to the recorded plat thereof, filed for record August 7, 1974, being more particularly
described as follows:
Commencing at the Northeast corner of said Lot 2; thence S.89 °57'45 "W., along the North line
of said Lot 2, a distance of 80.00 feet to the West line of the 80 foot Drainage Easement, as
platted in said Lot 2 and the True Point of Beginning of the easement herein described; thence
S.00 °43' 15 "E., along said West line, a distance of 1036.41 feet; thence N.70 °37'20 "W., a
distance of 170.69 feet; thence N.31 °27'19 "W., a distance of 172.72 feet; thence
N.00 °43' 15 "W., a distance of 406.35 feet; thence S.38 °20'54 "W., a distance of 881.63 feet to
the North line of the 25 foot Sanitary Sewer and Public Utility Easement, as platted in said Lot
2; thence N.89 °57'09 "W., along said North line, a distance of 48.15 feet to the West line of said
Lot 2; thence N.00 °00'33 "W., along said West line, a distance of 3.57 feet; thence
N.38 °20'54 "E., a distance of 957.95 feet; thence N.00 °43' 15 "W., a distance of 47.60 feet; thence
N.56'07'1 5"E., a distance of 273.02 feet; thence N.00'43'1 5"W., a distance of 162.79 feet to the
said North line of Lot 2; thence N.89 °57'45 "E., along said North line, a distance of 20.00 feet to
the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5 Street
Pueblo, CO 81003
February 9, 1998
rN 97 048 02
9704802.1045