HomeMy WebLinkAbout11149RESOLUTION NO. 11149
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS FROM OWNERS OF REAL
PROPERTY LOCATED IN THE SW 1/4 OF SECTION 16 AND THE WEST 1/2 OF SECTION
21, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN
WITHIN PUEBLO, COLORADO
and
WHEREAS, the owners of real property have granted easements to the City of Pueblo;
WHEREAS, such easements are necessary to install a sanitary sewer main across
those portions of the properties legally described in separate easements attached hereto and
incorporated herein by reference (hereinafter referred to as the "Easements ").
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The Easements granted, copies of which are attached hereto, having been approved as
to form by the City Attorney, are hereby approved and accepted.
SECTION 2.
The City Clerk is directed to cause said Easements to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith.
INTRODUCED November 12, 2007
ATTESTED BY
APPROVED:
ESID NTof City Council
CITY CLERK
Randy Thurston
Councilperson
Background Paper for Proposed
RESOLUTION
DATE: November 12, 2007
DEPARTMENT: WASTEWATER DEPARTMENT
GENE MICHAEL, DIRECTOR
TITLE
AGENDA ITEM # I I
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS FROM
OWNERS OF REAL PROPERTY LOCATED IN THE SW 1/4 OF SECTION 16
AND THE WEST 1/2 OF SECTION 21, TOWNSHIP 20 SOUTH, RANGE 64
WEST OF THE SIXTH PRINCIPAL MERIDIAN WITHIN PUEBLO, COLORADO
ISSUE
Should the City Council accept easements from property owners for the purpose
of extending sanitary sewer service?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
These easements are necessary to allow for the extension of sanitary sewer
service to be utilized by CSU of Pueblo and future developments. The following
owners have granted easements for this sanitary sewer main extension.
Stephen P. Gallagher
Louie D. Carleo
Patrick A. Leach
Tony Truong
FINANCIAL IMPACT
None.
1749668 R 0_W 11/21/2007 03:44:19 PM 'eso. 111 A,9.
Page a : 1 of { R 6.00 0 0.00 T 6.00
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this /0 day of Dc� 20D7 by
North Mesa Emerald Isle LLC, An Arizona Limited Liability Company, 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, a 20.00 foot easement and right of way for the purpose of a
sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County,
Colorado, 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 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.
"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 *-
G R
Jo erbert, or
Mesa Emerald Isle LLC
An Arizona Limited Liability Company
CKNII.YIVL�)
) ss.
STATE OF COLORADO )
k
he foregoing instrument was acknowledged before me this day of
, by Joe Herbert, for North Mesa Emerald Isle LLC, An Arizona Limited Liability Company.
Witness my hand and official seal.
maron ./ ,(O .
qc %salon expires: ,,ll
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' 1,�0
Reso 11149
17 R 0 W 11/21/2007 03:44:19 PM
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of Ckt oQW 1 , by
610 RLLLP, Limited Liability Limited Partnership, 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, a 30.00 foot easement and right of way for the purpose of a
sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County,
Colorado, 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 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.
"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 O day of C aOn7 .
TOR
B 7
L uie D. Car eo,
Managing Member
610 RLLLP, Limited Liability
Limited Partnership
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me thi ` day of Ci
« , by Louie D. Carleo, Managing Member, 610 RLLLP, Limited Liability Limited Partnership.
Witness my,hand and official seal.
3 . l pofgm ton expires:
s �t
Ve
Omn,na�
Notary Public \...
® AI�N���4 17
Pa 49567 R_ � 0 W 11/21/2007 03:44:19 PM of
Gilbert Ortiz C1errk L T �Pueblo Count Co
1111 K Pr, IN 11111
EXHIBIT "A"
A Sewer Line Easement being a portion of the SW 1/4 of Section 16, Township 20 South,
Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado,
being more particularly described as follows:
A Sewer Line Easement being 30.00 feet in width, 15.00 feet each side of the following
described centerline:
BEGINNING at a point on the south line of said SW 1/4 of Section 16 from which the
S 1/4 corner of said Section 16 bears N 89 °15'08 "E (bearings based on the south line of
the SW 1/4 of said Section 16 monumented at the west end with a axle with a brass
washer affixed to the top P.L.S. No. 16128 and at the east end with a 30" x 2 1 /2
aluminum monument P.L.S. No. 16128 assumed to bear N 89 °15'08 "E), a distance of
348.04 feet; thence N 47 °09'55 "E, a distance of 37.30 feet; thence N 00 °44'39 "W, a
distance of 2170.24 feet; thence S 88 °08'42 "W, a distance of 2387.77 feet, to a point
on the west line of said SW 1/4 of Section 16, being the POINT OF TERMINUS from
which the SW corner of said Section 16 bears, S 01'5 1'39E, a distance of 2149.51 feet.
Said easement contains 3.16 acres, more or less.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the south line of the SW 1/4 of Section 16 and the west
line of the SW 1/4 of Section 16 that the POINT OF BEGINNING AND POINT OF
TERMINUS are a part of
EVES DATE
PROFESSIONAL LAND SURVEYOR NO. 22101
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BASIS OF BF4RINGS _oa_
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 15th dayof October , 2007 ,by
Foothills Farm RLLLP, A Colorado Limited Partnership, GRANTOR, to PUEBLO, a Municipal
Corporation, GRANTEE:
P.'/T1NUe 34*YCit
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, a 20.00 foot easement and right of way for the purpose of a
sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County,
Colorado, 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 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.
"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 V u day of OGMM CK . Zool
G
By ��Z'Ar L�
,/Patrick A. Leach,
Managing Member
Foothills Farm RLLLP,
A Colorado Limited Partnership
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 15th day of October ,
2007 , by Patrick A. Leach, Managing Member, Foothills Farm RLLLP, A Colorado Limited
Partnership.
Witness my hand and official seal.
�� ..
.r �• .•........ <� trfy commission expires: 8 -31 -10
O
�� OF t
17 49868 R_ � 0 W 11/21/2007 03:44:19 PM
ert Ortiz Cle /Recor County, Co
■III n Poo m wry wi a II
EXHIBIT "A"
A Sewer Line Easement being a portion of the SW 1/4 of Section 21, Township 20 South,
Range 64 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado,
being more particularly described as follows:
A Sewer Line Easement being 20.00 feet in width, 10.00 feet each side of the following
described centerline:
BEGINNING at a point on the east line of the west half of said SW 1/4 of Section 21
from which the N 1/4 comer of said Section 21 bears N 18 °33'40 "E (bearings based on
the north line of the NW 1/4 of said Section 21 monumented at the west end with a axle
with a brass washer affixed to the top P.L.S. No. 16128 and at the east end with a
30" x 2 %" aluminum monument P.L.S. No. 16128 assumed to bear N 89 °15'08 "E), a
distance of 3873.16 feet; thence N 79 °59'57 "E, a distance of 5.56 feet; thence
N 77 °37'20 "E, a distance of 297.82 feet; thence N 22'12'49"E, a distance of 32.09 feet
to a point on the centerline of an existing 20.00 foot sanitary sewer easement filed for
record August 19, 2002, at Reception No. 1468268 in the records of the Puebo County
Clerk and Recorder, said point being the POINT OF TERMINUS from which the N
1/4 corner of said Section 21 bears N 14°29'20 "E, a distance of 3694.69 feet.
Said easement contains 0.15 acres, more or less.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the east line of the west half said SW 1/4 of Section 21
and the sidelines of said 20.00 foot sanitary sewer easement recorded August 19, 2002, at
Reception No. 1468268 that the POINT OF BEGINNING AND POINT OF
TERMINUS are a part of
l2-� /D -9 - 07
RANDY G. REEVES DATE
PROFESSIONAL LAND SURVEYOR NO. 22101
I' M rIr' � Ir-� t'�
N 114 CORNER SECTION 21
FOUND 30' X 2 112' ALUMINUM
MONUMENT P.LS. NO. 16128
BASIS OF BEARINGS - - "—
_ _ \
"— " " — " - - "-
v 89'15 b8 t
CORNER SECTION "- - "
�NORRI ONE OF THE NW 1/4 SEL7MN 21
FOUND I
OUND AXLE WEN A BRASS WASHER
AFFIXED TO THE TOP P.L.S. NO. 16728
LINE TABLE
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 1st dayof October 2007 by
Foothills Farm RLLLP, A Colorado Limited Partnership, 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, a 30.00 foot easement and right of way for the purpose of a
sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County,
Colorado, 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 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.
"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 1st day of October , 2007
GRAN OR
By
Patrick A. Leach,
Managing Member
Foothills Farm RLLLP,
A Colorado Limited Partnership
COUNTY OF PUEBLO )
) as.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 1st day of October ,
2007 > by Patrick A. Leach
Witness my hand and official seal.
. •.••• — •.., <,''", My commission expires: 8 -31 -10
r,
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17 R_0 W 11/21/2007 03:44:19 PM
,Gilbert Ortiz C r r T
Clerk/Recorder, Pueblo County, Co
®III n PI «rItvWdrwmw w a III
EXHIBIT "A"
A Sewer Line Easement being a portion of the NE 1/4 of the NW 1/4 of Section 21,
Township 20 South, Range 64 West of the Sixth Principal Meridian, County of Pueblo,
State of Colorado, being more particularly described as follows:
A Sewer Line Easement being 30.00 feet in width, 15.00 feet each side of the following
described centerline:
BEGINNING at a point on the north line of the south 413.5 feet of the said NE 1/4 of
the NW 1/4 of Section 21 from which the N 1/4 corner of said Section 21 bears
N 28 °36'53 "E (bearings based on the north line of the NW 1/4 of said Section 21
monumented at the west end with a axle with a brass washer affixed to the top P.L.S.
No. 16128 and at the east end with a 30" x 2 %:" aluminum monument P.L.S. No. 16128
assumed to bear N 89 °15'08 "E), a distance of 1036.80 feet; thence N 00 °16'36 "E, a
distance of 771.38 feet; thence N 47 °09'55 "E, a distance of 197.46 feet to a point on
the north line of said NW 1/4 of Section 21, being the POINT OF TERMINUS from
which the N 1/4 corner of said Section 21 bears N 89 °15'08 "E, a distance of 348.04
feet.
Said easement contains 0.67 acres, more or less.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the north line of the south 413.5 feet of the said NE 1/4
of the NW 1/4 of Section 21 and the north line of the NW 1/4 of Section 21 that the
POINT OF BEGINNING AND POINT OF TERMINUS are a part of.
z2i /�� s -29 o
RANDY d. REEVES DATE
PROFESSIONAL LAND SURVEYOR NO. 22101
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day o !7- by
Tony Truong and Hien Thi Van, GRANTOIkS, 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, a 30.00 foot easement and right of way for the purpose of a
sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County,
Colorado, 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 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.
"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 /15f day of 6 c hoer , 007
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO ) n
� The foregoing instrument was acknowledged before me this r5'- day of j1e e r
`Y , by Tony Truong and Hien Thi Van.
, m0P,0, W ,WN r yess my hand and official seal.
�OTAR ^mission expires: Oto IT O
( a�b 0A
Notary Public
�' �R r
17 R 0 W 11/21/2007 03:44:19 PM
Ci lbert Ortiz CCle o County, Co
mill �II«+Ia1��NJI ti 1 1 � 1I III
EXHIBIT "A"
A Sewer Line Easement being a portion of the SE 1/4 of the NW 1/4 and a portion of the
NE 1/4 of the NW 1/4 of Section 21, Township 20 South, Range 64 West of the Sixth
Principal Meridian, County of Pueblo, State of Colorado, being more particularly
described as follows:
A Sewer Line Easement being 30.00 feet in width, 15.00 feet each side of the following
described centerline:
BEGINNING at a point on the northerly right -of -way line of Colorado State Highway
No. 47 from which the N 1/4 comer of said Section 21 bears N 15 0 02'57 "E (bearings
based on the north line of the NW 1/4 of said Section 21 monumented at the west end
with a axle with a brass washer affixed to the top P.L.S. No. 16128 and at the east end
with a 30" x 2 %Z" aluminum monument P.L.S. No. 16128 assumed to bear
N 89 °15'08 "E), a distance of 2104.54 feet; thence N 26 °49'37 "E, a distance of 99.52
feet; thence N 00 °16'36 "E, a distance of 1033.41 feet to a point on the north line of the
south 413.5 feet of the said NE 114 of the NW 1/4 of Section 21, being the POINT OF
TERMINUS from which the N 1/4 corner of said Section 21 bears N 28 °36'53 "E, a
distance of 1036.80 feet.
Said easement contains 0.78 acres, more or less.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the northerly right -of -way line of Colorado State
Highway No. 47 and north line of the south 413.5 feet of the said NE 1/4 of the NW 1/4
of Section 21 that the POINT OF BEGINNING AND POINT OF TERMINUS are a
part of.
J�- .•�7�� 9 - 06
RAND G. REEVES DATE
PROFESSIONAL LAND SURVEYOR NO. 22101
NW CORNER SECTION 21
FOUND AXLE WITH A BRASS WASHER
AFFIXED TO THE TOP P. L. S. NO. 16128
I
_BA OF BEA
N 89'15'08" E
NORTH LINE OF THE NW 114 SEC77ON 21
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I I
LINE TABLE
LINE
I LENGTH
BEARING
L 1
1 99.52
1 N 26'49J7 E
_BA OF BEA
N 89'15'08" E
NORTH LINE OF THE NW 114 SEC77ON 21
I
I I
I
N 114 CORNER SECTION 21
FOUND 30" X 2 112" ALUMINUM
MONUMENT P.L.S. ND. 16128
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C 6
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LINE OF THE SOUTH 413.5 OF NE 114 NW 114 SEC77ON 21 1 I "-- POINT OF TERMINUS
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Professional Engineers and Professional Land
4718 Nm QImM St. - Pwsb, 00
(719) W -0055 r4. (719) 544-05