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HomeMy WebLinkAbout10164RESOLUTION NO. 10164 A RESOLUTION ACCEPTING TWO (2) DRAINAGE EASEMENTS, A RECREATIONAL TRAIL EASEMENT, A SANITARY SEWER EASEMENT, A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE 29TH STREET AND A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE SPAULDING AVENUE ADJACENT TO PARK WEST BUSINESS CAMPUS, FILING NO. 2 FROM THE EMMA RUBERSON BAMBER TRUST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The easements and quit claim deeds granted by the Emma Ruberson Bamber Trust dated July 28, 2003 and recorded in the office of the Pueblo County Clerk and Recorder on August 11, 2003, copies of which are attached hereto, after having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. This Resolution shall become effective upon final passage and approval INTRODUCED June 28, 2004 BY Michael Occhiato Councilperson &.#io/(,--)q Background Paper for Proposed RESOLUTION AGENDA ITEM #� DATE: June 28, 2004 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING TWO (2) DRAINAGE EASEMENTS, A RECREATIONAL TRAIL EASEMENT, A SANITARY SEWER EASEMENT, A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE 29TH STREET AND A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE SPAULDING AVENUE ADJACENT TO PARK WEST BUSINESS CAMPUS, FILING NO. 2 FROM THE EMMA RUBERSON BAMBER TRUST ISSUE Should the City Council accept two (2) drainage easements, a recreational trail easement, a sanitary sewer easement, a quit claim deed for right-of-way for future 29th Street and a quit claim deed for right-of-way for future Spaulding Avenue adjacent to Park West Business Campus, Filing No. 2 from the Emma Ruberson Bamber Trust. RECOMMENDATION Approval of this Resolution BACKGROUND As a condition of the annexation agreement for Park West Business Campus Filings No. 1 & No. 2 the developer was required to deed to the City of Pueblo the right-of-way for future 29th Street and Spaulding Avenue. In addition to the rights -of -way being deeded, the developer also granted to the City of Pueblo certain easements for drainage, a recreational trail and sanitary sewer. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. 0 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: Tune 28, 2004 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING TWO (2) DRAINAGE EASEMENTS, A RECREATIONAL TRAIL EASEMENT, A SANITARY SEWER EASEMENT, A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE 29TH STREET AND A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE SPAULDING AVENUE ADJACENT TO PARK WEST BUSINESS CAMPUS, FILING NO. 2 FROM THE EMMA RUBERSON BAMBER TRUST ISSUE Should the City Council accept two (2) drainage easements, a recreational trail) easement, a sanitary sewer easement, a quit claim deed for right-of-way for future 29th Street and a quit claim deed for right-of-way for future Spaulding Avenue adjacent to Park West Business Campus, Filing No. 2 from the Emma Ruberson Bamber Trust. Approval of this Resolution BACKGROUND As a condition of the annexation agreement for Park West Business Campus Filings No. I & No. 2 the developer was required to deed to the City of Pueblo the right-of-way for future 29th Street and Spaulding Avenue. In addition to the rights -of -way being deeded, the developer also granted to the City of Pueblo certain easements for drainage, a recreational trail and sanitary sewer. ................ There is no financial impact to the City of Pueblo due to this action. RESOLUTION NO. 10164 A RESOLUTION ACCEPTING TWO (2) DRAINAGE EASEMENTS, A RECREATIONAL TRAIL EASEMENT, A SANITARY SEWER EASEMENT, A QUIT CLAIM DEED FOR RIGHT-OF-WAY FOR FUTURE 29TH STREET AND A QUIT CLAIM DEED FOR RIGHT-OF- WAY FOR FUTURE SPAULDING AVENUE ADJACENT TO PARK WEST BUSINESS CAMPUS, FILING NO. 2 FROM THE EMMA RUBERSON BAMBER TRUST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The easements and quit claim deeds granted by the Emma Ruberson Bamber Trust dated July 28, 2003 and recorded in the office of the Pueblo County Clerk and Recorder on August 11, 2003, copies of which are attached hereto, after having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. This Resolution shall become effective upon final passage and approval INTRODUCED: June 28, 2004 BY: Michael Occhiato COUNCILPERSON APPROVED: RESIDENT OF CITY COUNCIL ATTESTED BY: .ems , CITY CLERK EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this ;4& day of by l tarttaa Ruberson Ba ber TrustyGrantor, to Pueblo, aMuriV4aMorporation, Grantee: WI:TNESSETH: THAT N CONSIDERATION of the sum of One Dollar (SLOG) 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 Drainage -Improvements , 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 pxainagre Im rovements in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, 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 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. j 1519114 1 Page: i of 3 I 1111111101 08/21/ 2003 03. 30 P DPW 110 crarc,MWn0x PV&b10cc„cakt,a0a EASE R zs.ee o e.00 l 2/03/98 f65-3716,L003 "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 off PANTOR. GRANT R: By: By: Br . Ruberson, Trustee Elaine R. Williams Ht Elaine R. Hayes, Trustee COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The for going instrument was acknowledged before me this �4� day of ) oe> 3 - by (L... `i ,, my hand and official seal. s S�jln ftber, Notary Public i o IT f sion Expires: 0o, Of Residence :Marion nN o y ublic 4' `, "°• NO II 1519114 08/ 31 /2003 03 ; 30P ChritC.Muno2 Pueb1aGtyC1k&Rac EASE R 26.00 D 0.00 9 STATE OF Colorado i Pueblo ss' COUNTY OF g The foregoing instrument was acknowledged before me this 31st day of July , 2003 by Elaine R. William nka Elaine R. Hayes as Trustee Emma Ruberson Bamber Trust M Cot y any E«N i a�saN 4'fio" kZN . PATTY A. rtac a )Jic YOUNG .0 OF My Commissia pines 6141t16 1519114 Page: 3 of 5 �I ��VI14 08/11/2003 03:30P Chu'Ya.lMunroz Ru6b4oCtvCtk&Ree EASE Ft 26.00 A 0.00 A EXHIBIT A-4 LAND DESCRIPTION OF DRAINAGE EASEMENT: An easement for drainage purposes in the NW 1/4 of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6'j' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88°44'03" E. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NW 1/4 of the NE 1/4 of the NW 1/4 of said Section 22; thence S. 01001'42" E., along the West line of said NW 1/4 of the NE 1/4 of the NW 1/4, a distance of 305.53 feet to the True Point of Beginning of the drainage easement herein described; thence S. 53017'17" E., a distance of 253.26 feet; thence S. 26047'19" E., a distance of 160.00 feet; thence S. 88040'51" W., a distance of 269.81 feet to the West line of the said NW 1/4 of the NE 1/4 of the NW 1/4 of Section 22; thence N. 01001'42" W., along said West line, a distance of 300.48 feet to the Point of Beginning. Containing 1.14 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, Colorado 81003 May 8, 2003 IN 99 045 07 I 1519114 Page. +4 of 5 jjII i l II es/ 11/ 0 3 03:30P I I� ChrisG.munox purbSoG'tYCdORac ARSE f .00 0 0,00 V I � Z w w K a co �o 8 # fl 26 00 ^o N N �q ti 1 a19114 1I OBfIO 03:30P I �9 11 1 �0 Cq�rtaC'.'nox ^{>+;c++t5taCtYl�kRVc qS� �i '�6.0Nb � �", aA6o0a ad90 pop 1519115 L I I I! Page: 1 of 4 f it l II I I III 08/ 11 /2003 03 : 30P ChrlsC,Muncz Pu*bloCtvClk&Ree EASE R 21.00 D 0,00 EASEMENT AND RIGHT OF WAY THIS Emma RubersABaberGrantor, to EASEMENT, granted this by PUEBLO, a ic' al Corporation, Grantee., on 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, an easement and right of way for the purpose of Recratio_nal Trail Easement in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as _In lasted Land _ 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 foil 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 [awfully 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 _ jt!, day of G77jaza-k By: BY M B a G. Ruberson, Elaine R. Will COUNTY OF PUEBLO j Tr tee NKA Elaine R- Hayes, ss. Trustee STATE OF COLORADO ) The foregoing 6 before n e th� day of 1 tnstntmentZ�was3 bywle ed Wrat:ss my hand and official seal. "c p aan Krober,NNotary Public y commission e Tres' o. f Residence Marion Comm. spare ' 10-CI CI .. �- 1J / Ni M late itb ,t'c M WZ, '40141-1, N I rc 5-3 -311 4 1519115 Page: 2 of 4 08/11 - /200 3.S0P ChrIsC,ftno2 PuQbI0CtYCLk&R$0 EASE R 21,00 D 0.00 STATE OF Colorado ) Pueblo "' COUNTY OF � The foregoing instrument was .tcknowledged before me lbis Elaine R. Williams nka Elaine R. Hayes Bamber Trust My Commission expims° Nq YOUNGFATTY k , �y �o�y;,iao Expires SI0.�OB 31st day of July, 2003 , by as Trustee of the Einma Ruberson oless myr @re,d7 i 1111d of id' I' s ttIr a t ic l 1519115 II Page: 3 of 4 �� 08/11/2003 M 30P ChrlsC.Munoz Puph1oCtyG1k6Rao EASE R 21.00 D 0.00 EXHIBIT A RECREATIONAL TRAIL EASEMENT A parcel of land in the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6t' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88044' 3" E. and all bearings contained herein being relative thereto. Commencing at the NW Corner of the NE 1/4 of the NW 1/4 of Section 22; thence S. 01001'42" E., along the West line of the NE 1/4 of the NW1/4 of Section 22; a distance of 280.24 feet to the True Point of Beginning; thence S. 53017'17" E., a distance of 273.45 feet; thence S. 26047'19" E., a distance of 174.24 feet; thence S. 8804051" W., a distance of 33.23 feet; thence N. 26047'19" W., a distance of 152.88 feet; thence N. 53017'17" W., a distance of 243.16 feet to the said West line of the NW 1/4 of the NE 1/4 of Section 22; thence N. 01001'42" W., along said West line of the NW 1/4 of the NE 1/4 of said Section 22 a distance of 37.94 feet to the point of beginning. Containing 0.291 Acres more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. I11 E. 5t` Street Pueblo, Colorado 81003 July 8, 2003 JN 99 045 07 1519115 Page: 4 of 4 06/S1/2003 03: ChrisC.Munaz Pu*bloCtvClk&R6a EASE R 21y00 0 0.00 GA 0 3 P, ca �(J� h x t— ,a 3 MWON4WOO �o� EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this cia 1+'� - day of_,_, by Emma Ruberson Bamber Trust Grantor, to PUEBLO, a NAkciCorporation. Grantee: THAT IN CONSIDERATION of the sum of 0ae 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 propetty situated in Pueblo County„ Colorado, commonly known as Un fatted Land and described as follows; (the "Property") Sze 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 anv other stricture 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 �.'' day of GP All O By: By:' B.' G. Ruberson, Elaine R. Williams COUNTY OF PUEBLO ) Trustee NKA Elaine R. Hayes, ) ss. Trustee STATE OF COLORADO ) Thef" re oirt instrument was ad e this � day of S g 3 bywled► de ogre nn s t,_ i fitness vy ]land and official ,seal. ..,,,. : • t, . " Brian Krob r, Notary Public u `*%\4y cornrnitsioh expires: Ca. Of Reside c ` Marion Comm, Expires: 1 fl-fIS-2 rN�. x� Aur,p �Nota blue t 116 9 151 II III Page:I Ili] lll�l II ( evit/ 0 :0 M Illli III �'� I i�l�lll ��� II � ChrisC.Munoz Pu*b1cCtyC1k&Roc ERSE p21. p0 0 Coe ���� STATE OF Colorado ) COUNTY OF pueblo The foregoing instrument was acknowledged before me diis Ealine R. Willia ka Elaine R. Hayes Emma Ruberso Alt My Commission o �M Y, PATTY A. YOUNG 1p ,Y Y" Or C- My Commission Expires e14)06 31st dayofJuily)•- ,2003 by as Trustee of the I:Ycsi,, IKIA mid 'a till.�'4oL No, y1'ubfic Z�1g116 Page: 2 of 4 111111111111111111111111111111111111111111111111111111111 08/11/2003 03:30P ChrisC.Munoz PuebloCtyCI MR■o EASE R 21.00 D 0.00 EXHIBIT A SANITARY SEWER EASEMENT A parcel of land in the NE 1/4 of the NW 114 of Sermon 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6" P.M. to bear N. 88044'03" E. and all bearlings contained herein being relative thereto. Beginning at a point from which the NW Corner of the NE 1/4 of Section 22 bears N. 55046'49" W., a distance of 1484.66 feet; thence S. 5703$'03" E., a distance of 60.21 feet; to a point on an existing Sanitary Sewer Easement as recorded in Book 3125, at Page 283; thence S. 0102$16 E., along the West line of said Sanitary Sewer Easement a distance of 71.85 feet; thence along an arc of a curve or the left whose radius is 540 feet and whose center bears S. 6902026" W., a distance of 116.87 Feet to the Point of Beginning. Containing 0.036 Acres more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 July 8, 2003 IN 99 045 07 I I�IIIII II III�I Ihl III III1111111111 111 a5191 0 30P ChrizC.Munox N4b1oCtyC1k&R9c EASE R 21.00 D 0.00 tv cd jd;p. Pu to po IV N m N) r (-)I " Z m rv'l i- ,t IN N3 C4 (-4 1519116 8 Page: 4 Gf 4 /1112003 03:30P 0 ChrivC-Munoz PumbloCtyClk&Rec 9ASE R 21-00 0 0.00 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this day of -, `,,� by Emma R ber son Eamber 'Trus t Grantor, to Pueblo, a Municil6ki Cbrporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar (S 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 fir l.na e _ Tm roveme;nt.s , 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 drainage Improvements in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, 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 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 lawfiflly claim title to the Property. 1519117 Page: I of 5 DPW 114 08/11/2003 03:30P II llI ll �11 12/03/98 II u o cfitr6ac Plurwoz RaxabloCtycSk&R*a Pii:aR p 2.00 D 0.90 "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 thi ' ` day of _. GWjBra rRANTOR: By: By: . Ruberson, Trustee Elaine R. Williams NA Elaine R. Hayes, Trustee COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The fpregoing instrument was acknowledged before me this7�b day of I 3 by � . ikn ss y hand and offcialBrian Krober, Notary Public Commission Expires^ 0x nMa;ioUnl iota �acY (SEA .. �� .71 1519117 Page: 2 of S 08/11/2003 03:30P 1 Chr&sC.fyunox ?ue1oCtYC1k&Reo EASE R 28.00 D 0.00 6 1519117 II Pag o ; 3 of 5 I II I, 08/21/2003 03:30P I I ChwjsG,M;unaz Pua,b1or;tvC1k&Fi*xa IrRST< R 26.00 D 0.00 STATE OF Colorado ) Pueblo ) ss. COUNTY OF ) The f ara of lie wledged before me this 31st tiny of Jul;y _. , 2003 by Elam "F tllia� a Elaine R. Hayes as Trustee of the Emma R bed j*p r rust _. . My Oomr issi�p l e �N rti" awe my N� aad c aarl s D. or COI O'µ a�tary fiA�pap' My Commissfan Expires 614106 1519117 Page 4 Of 5 w it/ 003 03 a 30P chrisc.Mvnat Pau OCtYC,dk& kftsE .00 EXHIBIT A DRAINAGE EASEMENT A parcel of land in the NW 1/,4 of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 611' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NW 1/4 of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the & P.M. to bear N. 88044'03" E. and all bearings contained herein being relative thereto. Beginning at the NW Corner of the NE 1/4 of the NW 1/4 said Section 22; thence N. 88044'03" E., along said North line of the NW 1/4 of the NE 1/4 of the NW 1/4 of Section 22, a distance of 76.22 feet; thence S. 51021'00" W. a distance of 96.23 feet to the West line of the NW 1/4 of the NE 1/4 of the NW 1/4 of said Section 22; thence N. 01001'42" W., along West line of the NW 1/4 of the NE 1/4 of the NW 1/4 of said Section 22 to the point of beginning. Containing 0.050 Acres more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5t' Street Pueblo, Colorado 81003 July 8, 2003 IN 99 045 07 1519117 page; 5 of V 06/11/2003 03:30P N 1 1 7hrl3cAunO Puablo tyclMo 'IaSI =00 0"'00 r 1 N q O yN II \ N \ 1 r W) \ \ N W \ N I +. N LL L.L.'; �: 1 �N M N .SYdwt Nco r- W °4 ..Z*, 0.LON 1N3YLn5 3 71 & Az —,..._.. --._.._.......___....,_.,, --- —_—.-._........_—_ � # 0 Y N W 1 Z ♦ J J T I F-.� 1 2 � N 3 V � r-.1 ♦ I N N 1 1 aa4Wa.Cr�A Is1S� 1519118 I 1 1111 11111111111111111111111111111111 08/ % 1/2003 03tUP ChrisC.Munoz Pue-b10 tyC1k&RG0 UIT R 26,00 0 0.00 QUIT CLAIM DEED THIS DEED, Made this Q' day of 2003 , between EMMA RUBERSON BAMBER TRUST of the County of Pueblo and State of Colorado, grantor(s), and PUEBLO, A MUNICIPAL CORPORATION whose legal address is I City Hall Place Pueblo, Colorado 81003 of the County of Pueblo and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of One Dollar and other good and valuable consideration - --- _..w._.-------------------------------._..._...------_----._DOLLARS the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: �l See attached Exhibits A and B TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either in law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. EMMA RUBERSON BAMBERTRUST Elaine R. Williams NKA Elaine R. Hayes, B an G. Ruberson, Trustee Trustee STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing in ant was acknowledged before me this day of �S2 , 2003 , by Bryan G. Ruberson, Trustees of the EMA RUBERSON BAMBER TRUST . Wwt ess my hand and official seal, g Stlan 'rober, Notary Public Res tP ,y oorlsidn expires " ee' ; lVarion Y ornrn. 0i-03-2 EXpires 1 Notary Public ��5374(�,803 1519118 Page: 2 of 5 09/11! ChrisCwMunax PrarbtoCtYC1h&R60 WIT R 0.eO DO 0003.30P STATEOF Colorado COUNTY OF pueblo 1 The foregoing instrument was acknowledged before me this 31s ;,y of July, 2003 , by Ela ine R. Williams uka Eliane R. Hayes as Trustee of the Emma Ruberson Bamber T-xu&t My Commission expire, Y I�(/ W PATTY A� Y'OU , s *"" ifA w* o My Commission Expires 614106 CiI11.C21nh- r1d 1: (1 a t EXHIBIT A-1 LAND DESCRIPTION OF FUTURE SPAUEDING AVENUE RIGHT--OF-WAY: A parcel of land in the E 1/2 of the NW 1/4 and in the SW 1/4 of the NE 1/4 of Section 22, Township 20 South, Range 65 West of the 60 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1/4 of'the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6` P.M. to bear N. 88044'03" E. and all bearings contained herein being relative thereto. Beginning at the intersection of the Westerly right-of-way of Spaulding Avenue, as platted in Park West Business Campus, Filing No. 2, according to the recorded plat thereof and the North line of the NE 1/4 of the NW 1/4 of Section 22; thence N. 88044'03" E., along said North line, a distance of 128.07 feet to the Easterly right-of- way line of said Spaulding Avenue; thence Southeasterly, along the future Easterly right-of-way line of said Spaulding Avenue the following eleven (11) courses: 1. S. 39055'52" E., a distance of 253.78 feet; 2. S. 84055'52" E., a distance of 244.66 feet; 3. S. 39055'52" E., a distance of 100.00 feet; 4. S. 0205732" W., a distance of 268.88 feet; 5. S. 39055'52" E., a distance of 277.10 feet; 6. along the arc of a curve to the right whose radius is 540 feet, a distance of 362.48 feet to the East line of the said NW 1/4 of Section 22; 7. S. 01028'16" E., along said East line, a distance of 912.62 feet; 8. along the arc of of a curve to the left whose radius is 460 feet, a distance of 73.92 feet; 9. S. 1004041" E., a distance of 419.48 feet; 10. along the arc of a curve to the right whose radius is 540 feet, a distance of 86.77 feet; 11. S. 01028'16" E. a distance of 9.77 feet to the south line of the said NE 1/4 of Section 22; thence S. 88032'56" W., along said South line and along the South line of the said NW 1/4, a distance of 80.00 feet to the future Westerly right-of-way line of said Spaulding Avenue; thence Northwesterly, along said future Westerly right-of-way line the following eleven (11) courses: 1 I IIIII I 8Page: J30 � 530P III I I III III (IIII �II III ChrisC.Munoz Puob1oCtyG1k&Rec QUIT R 26.00 D 0.00 1. N. 01028'16" W., a distance of 9.74 feet; 2. along the arc of a curve to the left whose radius is 460 feet, a distance of 73.92 feet; 3. N. 1004041" W., a distance of 419.48 feet; 4. along the arc of a curve to the right whose radius is 540 feet, a distance of 86.77 feet; 5. N. 01028'16'W., a distance of 912,62 feet; 6. along the arc of a curve to the left whose radius is 460 feet, a distance of 308.78 feet; 7. N. 3905552" W., a distance of 277.10 feet; 8. N. 83035'56" W., a distance of 272.34 feet; 9. N. 39055'52" W., a distance of 100.00 feet; 10. N. 0505332" E., a distance of 248.25 feet; 11. N. 3905552" W., a distance of 333.80 feet to the Point of Beginning. Containing 7.89 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5t�' Street Pueblo, Colorado 81003 May 8, 2003 IN 99 045 07 1519118 Page: 4 of S 08/11/2003 03:30P Chris;C.Munaz Puab1oCtyC1k5R*o oU1T R 26.00 D 0.00 IJ�r,�� k1�7a�°"dei�d�v 9 A TM c Ul NE114 0 NW114 g � N o� r- pq o n -- SE114 o x NW114 CD 4�11 Oi78'15 1519118 9.74 `Ill 4� I kin Page. 5 of 5 03/ 11 /2003 03 : 30P I k� ChrivIT.noz dUIT R 26.00 D 0.00 tiro SW114 NE114 9. 77' 08 32'56 "W 80.00' 1519119 I 03 °i1J2003 03:30P ChY'3a„hGunoz Pusb1aaCtvC13s&Pe0 OtMI"r R e6.00 D 0.00 QUIT CLAIM DEED THIS DEED, Made this g-jr-t day of c:)4,r a,603 , 2003 , between EMMA RUBERSON BAMBER TRUST of the County of Pueblo and State of Colorado, grantor(s), and PUEBLO, A MUNICIPAL CORPORATION whose legal address is I City Hall Place Pueblo, Colorado 81003 of the County of Pueblo and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of One Dollar and other good and valuable consideration-------------------------------------------------------------------------DOLLARS the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee(s), their heirs, successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) has In and to the real property, together with improvements, if any, situate, lying and being In the County of Pueblo and State of Colorado, described as follows: f ` &- See attached Exhibits A and B TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor(s), either In law or equity, to the only proper use, benefit and behoof of the grantee(s), their heirs and assigns forever. IN WITNESS WHEREOF, The grantor(s) has executed this deed on the date set forth above. EMMA RUBERSON BAMBER TRUST Elaine R. Williams NKA Elaine R. Hayes,' B an Ruberson, Trustee Trustee STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoinq instrument was acknowledged before me this ;?r day of u , 2003 , by � '. Bryan G. Ruberson, Trustees of the E 'MA RUBERSON BAMBER TRUST. Witness my.,hand and official seal. L , ° i xplres c,ber, Public Co. Of Re sidenoe f °M .. Comm. Expires w0.03-0 Notary Public s I 1519119 +! Page: 2 of 5 11111 08/11/2003 03:30P 11111111111111111 ChrisC,MUnoz PUebloCtyCl Wee QUIT R 25.00 D 0.00 STATE OF Colorado ) 5S. COUNTY OF pueblo 1 The foregoing im w pkiiowrledged before me. this 31st dayof July,2003 by Elaine R Ra Elaane R. Hayes of the Emma Ruberson Bamber Trust 0 My Commis` n cx a A 0 A. utess lcny as d nit lr d s YOUNG u ry • 4 k"Aary blic OF Go My Commission Expires 614106 1519119 1,1111 IN IN Page! 3 of 5 111111111111111111111111111111 06/11/2003 03:30P Chc3C.Maan0z P'uegal,otYC1Me0 QUIT R 20.00 C1 0.00 EXHIBIT A-3 LAND DESCRIPTION OF FUTURE 29"' STREET RIGHT-OF-WAY: A parcel of land in the N 1/2 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NW 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88042'57" E. and all bearings contained herein being relative thereto. Beginning at the Southwest comer of the NW 1/4 of the NW 1/4 of the NW 1/4 of said Section 22; thence N. 00034'08" W., along the West line of the said NW 1/4 of Section 22, a distance of 50.00 feet to the future North right-of-way line of said 29th Street; thence Easterly, along said North right-of-way line the following six (6) courses: 1. N. 88040'51" E., a distance of 652.41 feet; 2. S. 00047'55" E., a distance of 50.00 feet; 3. N. 88040'51" E., a distance of 652.61 feet; 4. N. 01001'42" W., a distance of 50.00 feet; 5. N. 88040'51" E., a distance of 340.23 feet; 6. along the arc of a curve to the left whose radius is 450 feet, a distance of 303.26 feet; thence S. 39055'52" E., a distance of 100.00 feet to the future South right-of-way line of said 29th Street; thence Westerly, along said South right-of-way line the following two (2) courses: I. along the arc of a curve to the right whose radius is 550 feet, a distance of 370.65 feet; 2. S. 88040'51" W., a distance of 1646.36 feet to the said West line of the NW 1/4; thence N. 00034'08" W., along said West line, a distance of 50.00 feet to the Point of Beginning. Containing 3.80 acres. 1519119 page; 4 of 5 @5//11/2003 03:30P AND Chr i &C pu,bloc t441c Au1[d0,00 0 0.00 A parcel of land in the NE 1/4 of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6t' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1/4 of the NW 1/4 of Section 22, Township 20 South, Range 65 West of the 6"' P.M. to bear N, 88044'03" E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of the said NE 1/4 of the NE 1/4 of the NW 1/4;thence S. 01028'16" E., along the East line of the said NW 1/4, a distance of 96.68 feet to the future South right-of-way line of said 29t' Street; thence Southwesterly, along said South right-of-way line the following two (2) courses: 1. along the arc of a curve to the left whose center bears S. 53055'39" E. and whose radius is 680 feet, a distance of 91.59 feet; 2. S. 50004'08" W., a distance of 246.99 feet; thence N. 39055'52" W., a distance of 100.00 feet to the future North right-of-way line of said 29tt' Street; thence Northeasterly, along said North right-of-way line the following two (2) courses: 1. N. 50004'08" E., a distance of 246.99 feet; 2. along the arc of a curve to the right, whose radius is 780 feet, a distance of 126.79 feet to the North line of the said NE 1/4 of the NW 1/4; thence N. 88044'03" E., along said North line, a distance of 32.29 feet to the Point of Beginning. Containing 0.85 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5' Street Pueblo, Colorado 81003 May 8, 2003 IN 99 045 07 IUJ to kk a cQn r� .-1 Q ap4pgalrmG m