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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