HomeMy WebLinkAbout10220RESOLUTION NO. 10220
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY TO
MCKINNEY MILLER, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AS DEVELOPER
AND OWNER OF McKINNEY- MILLER SUBDIVISION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached release of easement between Pueblo, a Municipal Corporation, and
McKinney Miller, LLP, a Colorado Limited Liability Partnership having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2_
The president of the 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 subdivision plat for
McKinney - Miller Subdivision.
SECTION 3.
This Resolution shall become effective upon final passage and approval.
INTRODUCED September 13. 2004
A&01 it 10220
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # (0
DATE: September 13, 2004
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY TO
MCKINNEY MILLER, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP AS DEVELOPER
AND OWNER OF MCKINNEY- MILLER SUBDIVISION
ISSUE
Should the City Council authorize the release of easement to McKinney Miller, LLP, a
Colorado Limited Liability Partnership for the purpose of subdivision.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The developer wishes to subdivide the property and relocate drainage facilities. The
parcel being subdivided is encumbered by various easements that limit the creation of lots.
The developer is proceeding with vacating those easements. One large drainage
easement was deeded to the City of Pueblo (see attached). The developer is dedicating
easements on the McKinney - Miller Subdivision plat to accommodate the relocation of said
facilities; therefore this easement is no longer necessary.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo due to this action.
Reso. #10220 1111111111111111111111111111111111111111111111111111111 0 60 7543z7A
Chris C. Munoz PuebloCtyClk &ReRL ERS R 6.00 D 0.00
RELEASE OF EASEMENTS
This release of easements is made on September 13 2004,
by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo,
Colorado 81003, to McKinney - Miller, LLP, a Colorado Limited Liability Partnership (Owner) of
Pueblo, Colorado.
WHERAS, the Owner is the developer and property owner for the property known as
McKinney - Miller Subdivision; and
WHERAS, the Owner is the Grantor and the City is the Grantee of the easement
described in attached Exhibit "A "; and
WHEREAS, the Owner has agreed to grant to the City of Pueblo alternate easements or
rights -of -way for such purposes; and
WHERAS, the City and Owner desire to relocate such easements on McKinney - Miller
Subdivision plat.
NOW THEREFORE in consideration of Owner granting a certain easement and right -of-
way to the City of Pueblo on McKinney - Miller Subdivision plat, the City hereby releases the
easement described in attached Exhibit "A ".
Pueblo, a Municipal Corporation
By:
Presided City Council
ATTEST:
i
STATE OF COLORADO
) ss.
COUNTY OF PUEBLO )
4asi The fo regoing instrument was acknowledged before me on 1 , 2004,
by Randy Thurston as President of City Council, and Gina Dutcher Clerk.
Witness my hand and official seal.
expires:
A uarv. 1L/ i
Noi6ry Public