HomeMy WebLinkAbout09863RESOLUTION NO. 9863
A RESOLUTION APPROVING A RELEASE OF EASEMENT AND ACCEPTING AN EASEMENT
BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND RCI REALTY, LLC
WHEREAS, Delta Plaza Investments, LLC, on November 29, 2000, granted an Easement
for drainage purposes to the City of Pueblo; and
WHEREAS, Delta Plaza Investments, LLC, has subsequently sold the property upon which
this easement was located to RCl Realty, LLC; and
WHEREAS, Delta Plaza Investments, LLC, has relocated the drainage facilities to another
portion of their property with approval of the City's Department of Public Works to accommodate a
revised site development plan; and
WHEREAS, as RCI Realty, LLC, has granted an easement to the City of Pueblo to
encompass the area of the new drainage facility;
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Release of Easement, a copy of which is attached hereto, having been approved as
to form by the City Attorney, is hereby approved. The President of 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 easement described in Section 2 of this Resolution.
SECTION 2.
The Easement granted by RCI Realty, LLC, dated May 27, 2003, a copy of which is
attached hereto, after having been approved as to form by the City Attorney, is hereby approved
and accepted. The City Clerk is directed to record said Easement in the office of the Pueblo
County Clerk and Recorder.
SECTION 3.
This resolution shall become effective upon passage and final approval.
INTRODUCED May 27, 2003
BY Al Gurule
APPROVED: President of City Council
ATTEST: City Clerk
ResJlution #9863
1506541
06/11/2003 01:08P
Chris C.Munoz PuebloCtyClk&Reo
RELEASE OF EASEMENT
This Release of Easement is made on May 27, 2003, by Pueblo, a Municipal
Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado, 81003.
In consideration of One Dollar and other good and valuable consideration, the
City does hereby terminate, cancel, and release the Easement granted by the Easement
and Right of Way recorded March 19, 2001 as Reception No. 1374142 of the records of
the Pueblo County Clerk and Recorder and more particularly described on attached
Exhibit "A".
Pueblo, a Muncipal Corporation~
By: President of City Council
City Clerk
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 10th day of
June, 2003 by Bill Sova, as President of City Council, and Gina
Dutcher as City Clerk of City of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
My Commission Expires 08/21/2003
Notary Public
REGENCY SQUARE SUBDIVISION, FILING NO. 2
LOT 8, BLOCK 1
I IIIIII IIIII IIII! IIIIIII IIIII II IIIIIIII III IIIII IIII IIII
1374142 03/19/2001 09:40R ERSE Chris C. Huno~
3 of 3 R 15.00 D ~}.~0 Pueblo Cf, y Clerk & Re=
EXHIBIT A
PROPOSED STORM DRAINAGE DETENTION EASEMENT:
An easement for storm drainage detention purposes in Lot 8, Block 1 in Regency
Square Subdivision, Filing No. 2, according to the recorded plat thereof and being more
particularly described as follows:
Beginning at the Northeast corner of said Lot 8; thence along the boundary of said Lot
8 the following two (2) courses:
1. S. 00°2835" W., a distance of 99.94 feet;
2. S. 52"31'34" W., a distance of 2.46 feet;
thence N. 37°28'6" W., a distance of 128.55 feet to the North line of said Lot 8; thence
S. 89"35'13" E., along said North line, a distance of 80.99 feet to the Point of
Beginning.
Prepared by:
NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5th Street
Pueblo, Colorado 81003
November 10, 2000
JN 95 091 01
15046542 06/11/2003
Chris C.Munoz PuebloCtyClk&Rec
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 27 day of, May, 2003 by RCI REALTY,
LLC, a Georgia limited liability company,("Grantor") to PUEBLO, a municipal corporation,
("Grantee"):
WlTNESSETH:
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 stormwater drainage and detention, in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Property).
Grantor shall install stormwater detention facilities and appurtenances in the Property in
accordance with plans and specifications therefore approved by, and on file with Grantee
("Facilities"), and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for
such failure.
Grantor reserves the right to use and occupy the Property for any purpose not
inconsistent with the privilege above granted and which will not interfere with or endanger any
equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event
include the fight 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 fight-of-way against
all persons who may lawfully claim title to the Property.
01 :eSP
ChrisC.Munoz PuebloCtyCtk&Rec E~SE R 21.0~ D
"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 30th day of September, 2002.
GRANTOR:
By:RCI REALTY, LLC
Stephen A. Grove
Manager
COUNTY OF COBB )
) SS.
STATE OF GEORGIA )
The foregoing instrument was acknowledged before me this 30th day of September, 2002.
by Stephen A. Grove, Manager of RCI Realty, LLC.
Witness my hand and official seal.
My Commission Expires: 1/3/05
Notary Public
ILLUSTRATION FOR EXHIBIT A
DRAINAGE EASEMENT
POINT OF BEGINNING
SE COR LOT 8
52'51'.34" W
12.68'
TRUE POINT OF BEGINNING
SCALE: 1"=.50'
z N 37"28'26" W.
36,90'
~'~ 5S ¢f'28'26" E
"~"~ N 52'31'34" E
~_ 23.16'
~ll~£
" N 37'28'26"
23.50'
NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY,
IT IS INTENDED ONLY TO DEPICT THE ATTACHED DESCRIPTION.
- SOUTHEASTERLY LINE
LOT 8, NORTHWESTERLY
ROW LINE COLORADO
HIGHWAY
RCl REALTY, LLC
A GEORGIA LIMITED LIABILITY CO,
400 Interstate No. Parkway,
Suite 1200
Atlanta, Ga .30339
(770) 951-0586
DESIGNED BY: LLP CHECKED BY: LLP DATE:
DRAWN BY: RDG DISK FILE: A164PEX1 SCALE:
PREPARED BY:
GALLOWAY, ROMERO & ASSOCIATES
CONSULTING ENGINEERS
5550 DTC PARKWAY
GREENWOOD VILLAGE, CO 80111
TEL:(505)770-8884
FAX: (503)770-5656
REV. 8/29/02 PUEBLO BLVD &
1 "=3o' NORTHERN AVE
0§/11/2003 01:08P
ChrisO.Munoz PuebloCtyClk&Reo ERS£ I~ ZI.~ D ~.~
EXHIBIT A
LEGAL DESCRIPTION
DRAINAGE EASEMENT
A PART OF LOT 8, BLOCK 1, REGENCY SQUARE SUBDIVISION, FILING NO. 2 AND BEING
A PART OF THE SOUTHEAST ONE QUARTER OF SECTION 9, TOWNSHIP 21 SOUTH,
RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 8, BLOCK 1, REGENCY SQUARE
SUBDIVISION, FILING NO. 2 ACCORDING TO THE RECORDED PLAT THEREOF; THENCE
S 52°31 '34" W, ALONG THE SOUTHEASTERLY LINE OF SAID LOT 8 AND ALONG THE
NORTHWESTERLY RIGHT-OF-WAY LINE OF COLORADO STATE HIGHWAY 78, A
DISTANCE OF 12.68 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
S 52°31 '34" W, ALONG SAID SOUTHEASTERLY AND NORTHWESTERLY LINES, A
DISTANCE OF 159.14 FEET; THENCE N 37°28'26" W A DISTANCE OF 23.50 FEET; THENCE
N 52o31'34'' E A DISTANCE OF 23.16 FEET; THENCE S 37°28'26'' E A DISTANCE OF 3.50
FEET; THENCE N 52°31 '34" E A DISTANCE OF 110.73 FEET; THENCE N 11°24'50'' E A
DISTANCE OF 5.21 FEET; THENCE N 37°28'26'' W A DISTANCE OF 36.90 FEET; THENCE
N 52°31'34'' E A DISTANCE OF 30.78 FEET; THENCE S 89°35'13'' E A DISTANCE OF 29.64
FEET; THENCE S 00°28'35'' W A DISTANCE OF 53.42 FEET TO THE TRUE POINT OF
BEGINNING.
SAID PARCEL CONTAINS 5,207 SQUARE FEET, 0.120 ACRES, MORE OR LESS.
BASIS OF BEARINGS: BEARINGS ARE BASED ON THE SOUTHEASTERLY LINE OF SAID
LOT 8 AS BEARING S 52°31 '34" W ACCORDING TO THE RECORDED PLAT THEREOF.