HomeMy WebLinkAbout11148RESOLUTION NO. 11148
A RESOLUTION AUTHORIZING A RELEASE OF A PORTION OF AN EASEMENT AND
RIGHT OF WAY TO LOTS, LLC, A COLORADO LIMITED LIABILITY COMPANY.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached release of easement between Pueblo, a Municipal Corporation, and MGIC
Development Corporation, a Wisconsin Corporation 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.
SECTION 3.
This Resolution shall become effective upon final passage and approval.
INTRODUCED November 12, 2007
BY Randy Thurston
Councilperson
APPROVED: a
#?ESIDEINTof City Council
ATTESTED BY:
CITY CLERK
Reso. I l l `I Y
a MEM
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 10
DATE: NOVEMBER 12, 2007
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION AUTHORIZING A RELEASE OF A PORTION OF AN EASEMENT AND
RIGHT OF WAY TO LOTS, LLC, A COLORADO LIMITED LIABILITY COMPANY.
ISSUE
Should the City Council authorize the release of a portion of an easement to Lots, LLC, a Colorado
Limited liability Company.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The developer has made certain improvements within a portion of said easement and the remaining
portion is no longer needed by the City.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo due to this action.
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Gilbert Ortiiz�Clerk /Recorder, Pueblo County, Ca
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RELEASE OF EASEMENTS
This release of easements is made on November 12 , 2007, by
Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado
81003, to MGIC Development Corporation, a Wisconsin Corporation.
WHERAS, the MGIC Development Corporation, a Wisconsin Corporation is the Grantor and
the City is the Grantee of certain Easements and Rights of Way as described in attached Exhibit "A"
and
WHEREAS, drainage improvements have been constructed within a portion of Easement No.
2, as described in attached Exhibit "A "; and
WHERAS, the remaining unused portion of said Easement No. 2 is no longer needed by the
City of Pueblo; and
WHEREAS, Lots, LLC, a Colorado Limited Liability Company (owner and developer) is
requesting the remaining unused portion of said Easement No. 2 be released.
NOW THEREFORE in consideration of Lots, LLC, a Colorado Limited Liability Company
constructing certain drainage improvements within said Easement No. 2, the City hereby releases the
remaining unuseg port ra,gf sa�q easement as described in attached Exhibit "B ".
d f
y Pueblo, a Municipal Corporation
By:
%o
President, Ofty Council
ATTEST: X
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on Woytmbepr 12 2007, by
Judy Weaver as President of City Council, and Gina Dutcher as City Clerk.
• �,,Wltgem hy, hand and official seal.
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EXHIBIT B
EASEMENT TO BE RELEASED
An easement located within Lot 1, Block 10, Eagleridge Estates, Filing No. 2 according to the recorded plat
thereof filed for record November 16, 2006 at Reception No. 1702445 in the records of the Pueblo County
Clerk and Recorder being more particularly described as follows:
That parcel of land described as Easement No. 2 in that document filed for record September 27, 1982 in
Book 2128 at Page 905 in the records of the Pueblo County Clerk and Recorder which reads as follows:
A parcel of land in the NW 1/4 of the SW 1/4 of Section 12, Township 20 South, Range 65 West of the 6th.
P.M. being more particularly described as follows:
COMMENCING at the Northwest comer of Parcel A, Block 21 in Outlook Subdivision, Filing No. 7
according to the recorded plat thereof filed for record July 31, 1974, said point also being located on the
South line of 47th Street, as presently located; thence N 64 °06'05 "W, along said South line produced, a
distance of 102.49 feet to the TRUE POINT OF BEGINNING; thence S 27 °47'34 "W, a distance of
200.00 feet; thence N 62 0 12'26 "W, a distance of 110.00 feet; thence N 36 °38'21 "E, a distance of 196.74
feet to the proposed South line of 47th Street; thence along said proposed South line of the following two
(2) courses:
1.) Along the arc of a curve to the right, whose radius is 450.00 feet and whose center bears
S 19 "W, a distance of 51.63 feet;
2.) S 64 °06'05 "E, a distance of 28.37 feet to the POINT OF BEGINNING.
EXCEPTING THEREFROM
COMMENCING at the said Northwest corner of Parcel A, Block 21, in Outlook Subdivision, Filing No.
7; thence N 64 0 06'05 "W a distance of 102.49 feet; thence S 27 °47'34 "W a distance of 17.84 feet to the
POINT OF BEGINNING; thence S 27 °27'34 "W a distance of 63.84 feet, thence N 22 °41'33 "W a distance
of 32.83 feet; thence N 64 °06'05 "W a distance of 22.30 feet; thence N 27 °47'34 "E a distance of 59.62 feet;
thence along the arc of a non - tangent curve to the right whose center bears S 23 "W, having a central
angel of 2 and a radius of 450.00 feet, a distance of 19.29 feet; thence S 64 "E a distance of
10.48 feet; thence S 18'09'15"E a distance of 24.88 feet to the POINT OF BEGINNING.
Said exception contains 2,970± SF more or less