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Home My WebLink About10970RESOLUTION NO. 10970 A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND LOWE'S COMPANIES INC. AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that: SECTION 1. The Easement between the City of Pueblo, a Municipal Corporation, and Lowe's Companies INC, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2. This Resolution shall become effective upon final passage and approval INTRODUCED April 9, 2007 BY Randy Thurston Councilperson APPROVED: RRESIDIENTof City Council ATTESTED BY: CITY CLERK RES tu9Zo Background Paper for Proposed RESOLUTION AGENDA ITEM # / DATE: APRIL 9, 2007 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOULUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND LOWE'S COMPANIES INC. AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council accept a sanitary sewer easement regarding Lot 1, La Bella Piazza Subdivision Filing No. 1. RECOMMENDATION Approve this Resolution. BACKGROUND Lowe's Companies Inc. is granting to the City of Pueblo a 20 foot wide sanitary sewer easement through lot 1, La Bella Piazza Subdivision Filing No. 1 for the purpose of installing and maintaining a sanitary sewer main. FINANCIAL IMPACT None. Res. 10970 IIIIIII 1721988 08P Gilbert Ortiz Pua1bloCtyClk&Reo EASE R 6 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2XL° day of March, 2007, by LOWE'S HIW, INC., a Washington corporation, Grantor, to PUEBLO, a Municipal Corporation, Grantee: 1dI YIlaOISI - S Yel 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 installation, maintenance and use of buried sanitary sewer and appurtenances in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lowe's of S. Pueblo, and described as follows: (the "Property ") LOT I OF LA BELLA PIAZZA SUBDIVISION FILING NO. 1, ACCORDING TO FINAL PLAT RECORDED ON DECEMBER 13, 2006 AT RECEPTION NO. 1706244 IN THE OFFICIAL RECORDS OF PUEBLO COUNTY, COLORADO. Said sanitary sewer easement is more particularly described in the Easement Description attached as Exhibit "A" hereto and incorporated herein by reference. 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 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. T DPW 111 02/06/02 Res. 10970 III VIII VIII VIII IIIIIIIII IIIII IIII Pa 000P Gilbert Ortiz PuebloCtyClk &Reo EASE R 21.00 D 0.00 "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. nd SIGNED this — Q-X' day of March, 2007. 3" Z1 ato] LOWE'S HIW, INC., a Washington corporation By: -0, � Michael L. Skiles, Vice President n� State of California County of San Diego On March 22 2007, before me, Diana L. Farace, notary public, personally appeared Michael L. Skiles, personally known to me to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature (Seal) Iw1i Res. 10970 Easement Description Sheet 1 of 2 Flatirons, Inc. 655 4' Street Longmont, CO 80501 An easement for the installation, maintenance and use of buried sanitary sewer and appurtenances over and across a portion of LOT 1, LA BELLA PIAZZA SUBDIVISION FILING NO. 1, located in the Southeast Quarter of Section 15, Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, State of Colorado being more particularly described as follows: COMMENCING at the Southeast corner of said Lot 1: thence North 60 °31'24" West along the Southerly line of said Lot 1 a distance of 126.40 feet to the POINT OF BEGINNING; thence continuing along said Southerly line North 60°31'24" West a distance of 20.00 feet; thence North 29'29'19" East a distance of 742.92 feet; thence South 60 °30'37" East a distance of 434.50 feet; thence North 89 °31'24" East a distance of 13.77 feet to a point on the Easterly line of Said Lot 1; thence South 51 °17'59" West along said Easterly line a distance of 28.95 feet; thence North 60 °30'37" West a distance of 415.68 feet; thence South 29 °2923" West a distance of 722.92 feet to the POINT OF BEGINNING. Containing 23,284 square feet, (0.53 acre) more or less. I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. Robert A. Rickard - '- 4'gs ` 5 Colorado P.L.S. #28283 4 y.,� AL on � Job No. 06- 46,403 For and on behalf of Flatirons, me. IIIIIII VIII IIIIIII IIII IIIIII III IIIIIII III VIII IIII IIII Page: 00 8 806P Gilbert Ortiz PUebl OCtyCik &Rec EASE R 21.00 0 0.00 Phone (303)776 -1733 ww ,. latsurv.com Fax: (303)776 -4355 ,Res. 10970 EXHIBIT "A" - a m Co 4 H am m ow �a N m a, P1am m N K w a w o v T U O a a 0 POINT OF BEGINNING aq�< OF A SANITARY SEWER EASEMENT OVER AND ACROSS A PORTION OF LOT 1, LA BELLA PIAZZA SUBDIVISION FILING NO. 1 LOCATED IN THE SE 1/4 OF SECTION 15, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 e 0� ah O / yam h h h ry �• h I ¢ h / LOT 1 LA BELLA PIAZZA y SUBDIVISION FILING NO. 1 / P GRAPHIC SCALE 12�0 / 100 0 50 100 ( IN FEET ) 1 inch = 100 ft. PARCEL B J POINT OF COMMENCEMENT THIS IS NOT A 'LAND SURVEY PLAY OR IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. FSI JOB NO. 06- 46,403 DRAWN BY: N. VIELEHR DATE: MARCH 19, 2007 Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVENUE, #700 655 FOURTH AVENUE BOULDER, CO 80301 LONGMONT, CO 80501 PH: (303) 443 -7001 PH: (303) 776 -1733 FAX: (303) 443 -9830 FAX: (303) 776 -4355 Established 1983 www.flotsurv.com