HomeMy WebLinkAbout10439RESOLUTION NO. 10439
A RESOLUTION ACCEPTING A STORM SEWER EASEMENT FROM JBTN. LLC.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The easement granted by JBTN, LLC, dated May 25, 2005, a copy of which is attached
hereto, after having been approved as to form by the City Attorney, is hereby approved and
accepted.
SECTION 2.
The City Clerk is directed to record said easement in the office of the Pueblo County Clerk
and Recorder.
INTRODUCED July 11, 2005
BY Michael Occhiato
Councilperson
APPROVED:
PRES1DENT 9F CITY C IL
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
J&o. #104139
AGENDA ITEM #
DATE: JULY 11, 2005
DEPARTMENT: STORMWATER UTILITY
DIRECTOR — Dennis Maroney, P.E.
TITLE
A RESOLUTION ACCEPTING A STORM SEWER EASEMENT FROM JBTN, LLC.
ISSUE
Should the City Council accept a storm sewer easement from JBTN, LLC.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Rivers Run Development, LLC is required to install a storm sewer from Portland Avenue
to Stockyard Road adjacent to US Hwy. 227. JBTN, LLC owns said property and is
grantor of easement to the City of Pueblo.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
Resolution No. 10439
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 6` day of July 2005 by
JBTN. LLC , Grantor, to PUEBLO, a Municipal Corporation, Grantee:
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 _storm sewer ,
in, through, over, under and across Grantor's property situated in Pueblo County, Colorado,
commonly known as 1541 Stock Yard Rd 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 fill 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
2005
GRANTOR
JBTN, LLC
By.
Timothy J. Be tramo, Manager
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this CC tv, day of
e)CO , by _Timothy Beltramo as manager of JBTN, LLC a
Colorado imited Liability Company
Witness my hand and official seal.
My commission expires: 08
(SEAL) C�
Notary ublic
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EXHIBIT "A"
LEGAL DESCRIPTION
An easement lying within a portion of the NW 1/4 of Section 5, Township 21 South,
Range 64 West of the Sixth Principal Meridian, being more particularly described as
follows:
An easement for the purpose of a storm sewer line being more particularly described as
follows:
BEGINNING at the intersection of the southerly right -of -way line of Portland Avenue
and the northeasterly right -of -way line of Joplin Avenue from which the NW corner of
said Section 5 bears S 72 °01'44 "W, (bearings based on the line between the said NW
corner of Section 5, also known as Pueblo County GPS Monument No. 1405, being a
lead plug and tack in a stone, in a cast iron monument box, and Pueblo County GPS
Monument No. 7, being a No. 7 rebar, to bear S 04 °32 '49 " E, based on the Colorado
State Plane Coordinate System, South Zone) a distance of 39.87 feet; thence
N 88 °59'51 "E along the said northerly right -of -way line of Portland Avenue, a distance
of 16.66 feet to a point being 20.00 feet east of the easterly right -of way line of U.S.
Highway No. 227; thence S 02 °52'36 "E, parallel and 20.00 feet east of the said easterly
right -of way line of U.S. Highway No. 227, a distance of 874.15 feet; thence
S 44 °23'36 "E, a distance of 199.01 feet to a point on the centerline of an existing storm
sewer line which lies within Stockyard Road (no known right -of -way); thence
S 89 °07'35 "W, along said centerline, a distance of 27.58; thence N 44 °23'36 "W, a
distance of 187.59 feet to a point of the said easterly right -of —way line of U.S. Highway
No. 227; thence N 02 °52'36 "W, a distance of 831.51 feet to a point on the southerly
right -of -way line of said Joplin Avenue; thence along the said southerly and said
northeasterly right -of -way line of Joplin Avenue the following two (2) courses:
1.) S 77 0 55'33 "E, a distance of 12.89 feet;
2.) N 12 0 25'46 "W, a distance of 54.85 feet to the POINT OF BEGINNING.
Said easement contains 21,025 s.f.
RANDY .REEVES
PROFESSIONAL LAND SURVEYOR NO. 22101
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AN EASEMENT WITHIN A PORTION OF THE NW 114 OF SEC77ON 5, TOWNSHIP 21 SOUTH,
RANGE 64 WEST OF THE XISTH PRINCIPAL MERIDIAN. CITY OF PUEBLO, PUEBLO COUNTY, COLORADO.
MGPIFI� E "IN AVENUE
POINT OF PORTLAND AVENUE
S 2 G� I BEGINNING SDUn+LxLY RIGM- oF_WAY
�31 ' 32 L 1 LINE PORTLAND AVENUE
Rte?
A U� "� - -�- T 21 S NORTH LINE NW 114 SECTION
SW CORNER SECTION 32 C '�
(PUEBLO MONUMENT G.P.S. ) 10�5�50D MG pQ6� OG G l�dG30D GQDD
FOUND !ID PLUG AND 8R455 TACK o
IN STONE IN A GIST IRON RANGE
BOX SET FLUSH MM PAVED SURFACE 20.00' RAILROAD TRACKS
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-� STORM SEWER EASEMENT
(CONTAINS 21,025 S.f.)
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APPARENT NORTHERLY PRESCROMON
LINE OF STOCKYARD ROA
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STOCKYARD ROAD
ss — ss —ss—
4 '. — ss ss — ss ss �CENIERUNE EXISTING STORM SEWER LINE
I
PUEBLO COUNTY G.P.S. CONTROL
MONUMENT NO. 7
FOUND NO. 7 RERW
Profe"orwl Engir and Profeniolml Land Survayo
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mi a4a -aeee rm� 11 au-0eTe —
DISTANCE
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1289'
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N 172548' W
34.85'
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S 7TOI'44" W
39.47'
Rivers Run Development, LLC
"A Spectacular Bluff Top Community In the Making"
1300 Court Street Pueblo, Co 81003 Pu eblo, Colorado
Phone: (719) 544 -3655 Fax: (719) 544 -3598 Cellular: (719) 251 -9755
May 31, 2005
JBTN, LLC
1541 Stock Yard Road
Pueblo, Co 81006
RE: Storm Sewer Easement Agreement
Gentleman:
VIIIIIIIIIIIIIVIIIIIIIIIII 163 of 4 501
Ciri Puebjo ERSE R 21.00 D 0.00
Chris C. Munoz PuabloCtYClk &Reo
In regards to the storm sewer easement that JBTN, LLC is conveying to Rivers Run Development, LLC.
Rivers Run Development, LLC agrees to the following conditions:
Rivers Run Development, LLC upon crossing the existing railroad spur will return the rails and rail bed to its
original condition to be fully operational as a railroad spur.
2. Rivers Run Development, LLC will provide a hook up to the existing 3" water main located on the west edge of
JBTN, LLC property line and will run the line under the proposed storm sewer line with a stub out connection to include
all appropriate valves, fittings, pipe and labor to complete the hook -up.
S' ed• avers Run Development, L
Michael D.
Le7 dl Managing P
COUNTY OF PUEBLO
)ss.
STATE OF COLORADO )
31 ooS' Date
The foregoing instrument was acknowledged before me this 31st day of May 2005 by Rivers Run
Development, LLC Michael D. Bradley, Managing Partner.
Witness my hand and official seal.
My commission expires: � l
4Public (SEAL) Notar