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10843
RESOLUTION NO. 10843 A RESOLUTION APPROVING A RELEASE OF EASEMENT AND ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM TIMBERLINE REGENCY, LLC, A COLORADO LIMITED LIABILITY COMPANY AS DEVELOPER AND OWNER OF LOT 10, BLOCK 1, REGENCY SQUARE SUBDIVISION. FILING NO. 3 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Release of Easement and the attached Easement and Right of Way for drainage detention between Pueblo, a Municipal Corporation, and Timberline Regency, LLC, a Colorado Limited Liability Company having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The President of the City Council is hereby authorized and directed to execute the Release of Easement 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 of Easement in the office of the Pueblo County Clerk and Recorder. SECTION 3. This Resolution shall become effective upon final passage and approval. BY Randy Thurston Councilperson APPROVED: a President of City Council ATTESTED BY: CITY CLERK INTRODUCED October 23, 2006 Background Paper for Proposed RESOLUTION A& C. - H IC8Y3 AGENDA ITEM # 9 DATE: October 23, 2006 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING A RELEASE OF EASEMENTAND ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM TIMBERLINE REGENCY, LLC, A COLORADO LIMITED LIABILITY COMPANY AS DEVELOPER AND OWNER OF LOT 10, BLOCK 1, REGENCY SQUARE SUBDIVISION, FILING NO. 3 ISSUE Should the City Council authorize the release of easement and accept an easement from Timberline Regency, LLC, a Colorado Limited Liability Company. RECOMMENDATION Approval of this Resolution BACKGROUND The developer wishes to reconfigure the existing easement in order to accommodate the drainage detention and construction of a Carl's Jr. Restaurant on said lot. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. re: Reso. #10843 1111111111111111111111111111111111111111111111111111111 P 000586 Chris C. Munoz PuebjoCtyC1k&Rec R EASE R 6.00 D 0.00 RELEASE OF EASEMENT This release of easement is made on October 23 , 2006, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to Timberline Regency, LLC, a Colorado Limited Liability Company (Owner) of Pueblo, Colorado. WHEREAS, the Owner is the developer and property owner for the property known as Lot 10, Block 1, Regency Square Subdivision, Filing No. 3; and WHEREAS, 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 Lot 10, Block 1 Regency Square Subdivision, Filing No. 3. NOW THEREFORE in consideration of Owner granting a certain easement and right -of- way to the City of Pueblo on Lot 10, Block 1, Regency Square Subdivision, Filing No. 3, the City hereby releases the easement described in attached Exhibit "A ". od ATTEST Citylblerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Pueblo, a Municipal Corporation By: Pr '�6nt, City Council The foregoing instrument was acknowledged before me on October 30 2006, by Michael Occhiato as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. PE c n expires: g —2) -'J�'] �� " kory. Notary Public re: Reso. #10II43 VIII IIIIIIIIIIIIIIIIIIIIIIIIIIII VIII II III 17 I of 5 7P Gilbert Ortiz PuebloCtyClk &Rec EASE R 26.00 D 0.00 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this NA day of © 7"--Z, T=b , by - nVA VZ t lJ`-M (ZP Sj , Lk,(, , Grantor, to Pueblo, a Municipal Corporation, Grantee: #I UAX'W^ >O kAMt?CD 1. \RViLLtQ� Cbm.px j WITNESSETH: T14AT 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 StTf p WIt+S1QT V 6t rh 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 h PAPAKIP lA'f S WtyJ14I t - (19M fWJL-Vr1 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. DPW 110 12/03/98 I IIIIII V P III VIII IIIIIIIVIII III VIII I II IIII 0 Page: 036337P "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 — Itt A day of - , 2ZMP GRANTOR: Timberline Regency, L C By: Kevin Deighan, Managing Member COUNTY OF PUEBLO ) ss. STATE OF COLORADO) p �LLThe foregoing instrument was acknowledged before me this I� ?� day of (X C�� > o�fX�(o by Witness my hand and official seal. My Commission Expires: (SEAL) Notary Public Tq R�F� L% k-,Y,Ek?AT a LEGAL DESCRIPTION (DETENTION POND) AN IRREGULAR SHAPED TRACT OF LAND LOCATED IN LOT 10, BLOCK 1 REGENCY SQUARE SUBDIVISION, FILING NO. 3 LOCATED WITHIN THE SETA OF THE NE 1/4 SECTION 9, T21 S R65 W OF THE 6 TH P.M. , IN THE CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, ACCORDING TO THE RECORDED PLAT THEREOF, DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF SAID LOT 10, BLOCK 1 REGENCY SQUARE SUBDIVISION, FILING 3 ASSUMED TO BEAR S89 °35' 13 "E WITH ALL BEARINGS HEREIN RELATIVE THERETO. COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 10 THENCE S56 °51' 13 "W, 27.80 FEET THE TRUE POINT OF BEGINNING THENCE S00 0 24'49 "W, 24.13 FEET; THENCE SOUTHWESTERLY, 7.85 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, SAID ARC HAVING A RADIUS OF 5.00 FEET A CENTRAL ANGLE OF 90 0 00'00 ", AND BEING SUBTENDED BY A CHORD THAT BEARS S45 0 24'47 "W, 7.07 FEET; THENCE SOUTHWESTERLY, 3.14 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, SAID ARC HAVING A RADIUS OF 2.00 FEET A CENTRAL ANGLE OF 90 0 00'00 ", AND BEING SUBTENDED BY A CHORD THAT BEARS S45 0 24'47 "W, 2.83 FEET; THENCE S00 0 24'47 "W, 17.00 FEET; THENCE N89 °35' 13 "W, 33.42 FEET; THENCE N15 0 00'33 "W, 9.70 FEET; THENCE N77 0 15'55 "W, 26.61 FEET; THENCE S20 0 58'38 "W, 16.05 FEET; THENCE N89 3"W, 3.36 FEET; THENCE N00 0 24'47 "E, 17.00 FEET; THENCE NORTHWESTERLY, 3.14 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, SAID ARC HAVING A RADIUS OF 2.00 FEET A CENTRAL ANGLE OF 90 0 00'00 ", AND BEING SUBTENDED BY A CHORD THAT BEARS N44 °35' 13 "W, 2.83 FEET; THENCE N89 0 35' 13 "W, 10.14 FEET; THENCE N32 0 06'25 "W, 1.48 FEET; THENCE N28 °11'21 "E, 12.14 FEET; THENCE N06 4"E, 29.51 FEET; Page 1 of 2 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Page: 10363 37P Gilbert Ortiz PuebloCtyClkSRec EASE R 26.00 D 0.00 THENCE N11 0 14'36 "E, 1.66 FEET; THENCE S89 0 38'15 "E, 54.70 FEET; THENCE S00 0 24'47 "W, 17.00 FEET; THENCE SOUTHEASTERLY, 3.14 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, SAID ARC HAVING A RADIUS OF 2.00 FEET A CENTRAL ANGLE OF 90 0 00'00 ", AND BEING SUBTENDED BY A CHORD THAT BEARS S44 3"E, 2.83 FEET; THENCE S89 0 35'13 "E, 2.00 FEET; THENCE NORTHEASTERLY, 7.89 FEET ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, SAID ARC HAVING A RADIUS OF 5.13 FEET A CENTRAL ANGLE OF 88 0 07'54 ", AND BEING SUBTENDED BY A CHORD THAT BEARS N44 0 52'01 "E, 7.14 FEET; THENCE S89 0 41'37 "E, 18.00 FEET TO THE TRUE POINT OF BEGINNING AREA = 4,208 SQUARE FEET, MORE OR LESS LEGAL DESCRIPTION PREPARED BY: THOMAS W. NICHOLAS PLS 28657 DREXEL, BARRELL & CO. 6513 W. 4 STREET GREELEY, CO 80634 lbert P 7 :4of5 7P R 26.00 D 0.00 Page 2 of 2 r PAaNT of caviENcEmENT TRUE P a NT A� BEG/NN /No 1 0 I LINE TABLE I LENGTH 7.m LINE LENGTH BEARING u 24.1s L2 nao C5 Ls 33.42 marmlirw Le lace a L7 1se MWWWW Le 17.00 C5 Le 10614 NWW Lio 1.40 L11 12.14 L12 20.51 L13 1.ee L14 51.70 LI5 noo zoo L17 15 CURVE C I LENGTH 7.m RADIUS 0.00 CURVE TABLE I DELTA ICHORD BEARINGI CHORD LENGTH 7.07 C2 114 zoo zeb C5 114 2. 00 2M a 114 zoo zes C5 7.50 e ts 1 aavrw I N441MIT 1 7.14 NOTE: THIS DRANANG DOES NOT REPRESENT A MONUMENTED SURVEY AND IS ONLY INTENDED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. DETENTION POND EXHIBIT OCT. JOB NC G EM a r m om� r 4 am m m m N K W N Q W O 6 m U T V O n 0 7 a N O 0 n_ SCA 1 e =30' Barrell do Co. Ineere . Survevors