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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. 11148 1749664 R_EASE 11/21/2007 03:44:19 PM Pa e: 1 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiiz�Clerk /Recorder, Pueblo County, Ca ®III K r 1�0 X&I h V1 V1 N 11111 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. •''• 1.6 8 U 3 9 c�mrrnestQ expires: 11-1 z -Ug i c a SUS iit r� � ERY ihlir• Notary Public •: �'Nri Rd' 1 11749564 R EASE 11/21/2007 03:44:19 PM PPage: 2 of :r R 11.00 D 0.00 T 11.00 �GGi lbart Ortiz Clerk /Recorder, Pueblo County, Cc , 11III K 11r.1 IMI1:IhMIN,UFA 11 III 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