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.
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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
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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.
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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