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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.