Loading...
HomeMy WebLinkAbout10066RESOLUTION NO. 10066 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT AND RIGHT OF WAY FROM SPINNAKER INVESTMENTS I, LLC WHEREAS, Spinnaker Investments I, LLC, on October 6, 2003, granted a twenty foot (20 ") wide Easement and Right of Way to the City of Pueblo; and WHEREAS, such Easement and Right of Way is necessary for the purpose of maintaining a public sanitary sewer main. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: The Easement and Right of Way granted by Spinnaker Investments I, LLC, dated October 6, 2003, to the City of Pueblo, a copy of which is attached hereto after having been approved as to form by the City Attorney, is hereby approved and accepted. INTRODUCED February 23, 2004 BY Michael Occhiato Councilperson APPROVED: Yom! PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # 7 DATE: FEBRUARY 23, 2004 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT AND RIGHT OF WAY FROM SPINNAKER INVESTMENTS I, LLC ISSUE Should the City Council accept an easement and right of way from Spinnaker Investments I, LLC, for the purpose of a public sanitary sewer main. RECOMMENDATION Approval of this Resolution. BACKGROUND This easement is necessary to provide legal access to the City for the existing public sanitary sewer main through Lot 1, Villager Inn Subdivision. FINANCIAL IMPACT There is no financial impact to the City from accepting this Easement. IIIIII VIII IIIIII IIIIII IIII IIII IIIIIII III VIII III) IIII 053 of 2 P ChrisC.Munoz Pueb1oCtyC1k &Reo EASE R 11.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 6th dayof Octnb r 2003 by S pinnaker Investments I, LLO Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the stmt 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 Sanitary Sewer, Easement in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 1, Villager Inn Sub 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. SIGNED this 6th day of October 1 2003 C9i117\NY1C07:7 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) 0 John A. Gatto The foregoing instrument was acknowledged before me this 6th day of October 1 2003 by Skvlor D. Ashcraft Witness my hand and official seal. My com l� '0 (SEAL) : NOTAf�Y DPW 111 cp'L� PUBLICBo 02/06/02 r. o�P F SF 0;V 2005 mo& It M-4 1111111111111111111111111111111111111111111111111111111 Page: 53 @3 @411? ChrisC.Munoz PuebloCtyC1k &Rao EASE R 11.00 D 0.00 EXHIBIT "A" SANITARY SEWER EASEMENT An easement located within a portion of Lot 1, Villager Inn Subdivision, according to the recorded plat thereof, filed for record December 18, 2002 at Reception No. 1475346 in the records of the Pueblo County Clerk and Recorder, being a portion of the NE 1/4 of the SW 1/4 of Section 13, Township 20 South, Range 65 West of the Sixth Principal Meridian. Pueblo County, Colorado, being more particularly described as follows: A sanitary sewer easement being 20.00 feet in width, 10.00 feet on each side of t he following described centerline: BEGINNING at a point on the west line of said Lot 1 from which the NW corner of said Lot 1 bears N 01'21'15"W (bearings based on the west line of said Lot 1, monumented at each end with a No. 4 rebar with yellow plastic cap P.L.S. No. 16128, to bear N 01°21' 15 "W as established on the recorded plat of said Villager Inn Subdivision), a distance of 18.66 feet; thence S 66'09'17"E, a distance of 2.51 feet; thence S 35'52'1 6"E, a distance of 45.18 feet; thence N 88 °20'37 "E, a distance of 170.54 feet to a point on the east line of said Lot 1, being the POINT OF TERMINUS. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the proceeding and following course and the sidelines of said easement extend or shorten as necessary to intersect the westerly and easterly line of said Lot 1 that the POINT0-NI-NO AND POINT OF TERMINUS are a part of. OS 3 DATE NO. 16128