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Home My WebLink About11207RESOLUTION NO. 11207 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY FOR A RECREATIONAL TRAIL EASEMENT AND A DRAINAGE IMPROVEMENT EASEMENT TO THE EMMA RUBERSON BAMBER TRUST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easements between Pueblo, a Municipal Corporation, and the Emma Ruberson Bamber Trust 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 immediately prior to the recording of the subdivision plat for Park West Business Campus, Filing No. 5. SECTION 3_ This Resolution shall become effective upon final passage and approval. INTRODUCED January 28, 2008 Vera Ortegon Councilperson PRESIf NT'ei Cif' Council ATTEST D BY Res 112x"1 �J D Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JANUARY 28, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY FOR A RECREATIONAL TRAIL EASEMENT AND A DRAINAGE IMPROVEMENT EASEMENT TO THE EMMA RUBERSON BAMBER TRUST ISSUE Should the City Council authorize the release of easements. RECOMMENDATION Approval of this Resolution BACKGROUND The owner and developer has reconfigured the easements on the approved plat of Park West Business Campus, Filing No. 5. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. , ar�LL2PZ . 176 RL ERS 06/06/2008 03:59:04 PM G i ert z Clerkk /Reoorderr, Pueblo County. 0 nt y y. Co mill NPUP 4W1111111#1 a4A , WNW4 uh lial IN 11111 RELEASE OF EASEMENTS This release of easements is made on January 28, , 2008, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to the Emma Ruberson Bamber Trust of Pueblo, Colorado. WHERAS, the Emma Ruberson Bamber Trust is the Grantor and the City is the Grantee of certain easements for Drainage Improvements and Recreational Trail described in attached Exhibit "A" and Exhibit "B "; and WHEREAS, Peak View Business Campus, LLC, a Colorado Limited Liability Company and Qwanzo, LLC, a Colorado Limited Liability Company has granted to the City of Pueblo alternate easements for such purposes on the approved subdivision plat of Park West Business Campus, Filing No. 5; and WHERAS, Peak View Business Campus, LLC, a Colorado Limited Liability Company and Qwanzo, LLC, a Colorado Limited Liability Company is the developer and property owner for the property known as Park West Business Campus, Filing No. 5; and WHEREAS, if Peak View Business Campus, LLC, a Colorado Limited Liability Company and Qwanzo, LLC, a Colorado Limited Liability Company fails record the approved subdivision plat of Park West Business Campus, Filing No. 5 by November 29, 2008, this Release of Easements shall become null and void. NOW THEREFORE in consideration of Peak View Business Campus, LLC, a Colorado Limited Liability Company and Qwanzo, LLC, a Colorado Limited Liability Company granting certain easements to the City of Pueblo on the approved subdivision plat of Park West Business Campus, Filing No. 5, the,Cityhereby releases the easements described in attached Exhibit "A" and Exhibit "B ". STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Pueblo, a Municipal Corporation By: President, City Council The foregoing instrument was acknowledged before me on January 28 Barbara Vidmar as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. NN My commission expires: 1 12.OS SUSAN M. BEERY Notary Public State of Colorado E STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) Pueblo, a Municipal Corporation By: President, City Council The foregoing instrument was acknowledged before me on January 28 Barbara Vidmar as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. NN My commission expires: 1 12.OS SUSAN M. BEERY Notary Public State of Colorado Res. Ilaoq 1 �Ifl� lilll IIIIIL I II �I�II IIIfI �aiil III �Ilfl IIII IIfl 1 5 19115 39P EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this � day of ' al �7 by Em Ruberson Banber Trust , Grantor, to PUEBLO, a ic Corporation, Grante WITNESSETH: THAT IN CONSIDERATION of the sum of Otte Dollar (S I.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 Recrational T rail Easement in, through, over, under and across Grantor's property simated in Pueblo County, Colorado, commonly known as Unplat ted Land and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for thb 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 nny 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 day of ` _�/�!, y � p t , ' GRAN O r IJ / e - � - �e.a�rea� By: By : +LN t/. /� (d! B a G. Ruberson, Elaine R. Williams COUNTY OF PUEBLO ) Tr stee NKA Elaine R. Hayes, )ss. Trustee STATE OF COLORADO ) The foregoing instrument was acknotvl ed before n�c th day of ITO 7-1: by , � K Fr :_{ Witness my hand and official eal. � (/ � ' .. an Kroher, Notary Public ..v_', C .• commission expire - o. Of Residence : Mar on Corrutt ptr ' 10 -03 -20 _ ;: r ` ^"'�'� • Not ub is 176 . . 8301 RL ERS 05/08/2008 03:59:0 PM ��- gg L.:• ' Galher l �t l z 0L®r Raco de O P u eblo C Co . i ■uir��l�,�a�,c�r�aw hi�4�lt r�tNIR11111 5-3 -79663 Ras 1\ao'7 Ex1. /A I�IIN�INII�11l��NI�I IIINI�IIIIIIIIIIIII &532 Of e3 R 21.00 D 0.00 STATEOF Colorado ) COUNTY OF pueblo )s�. The rorcgoing instrument wus acknowledged below Inc this 31st day of July, 2003 b y Elaine R. Williams nka Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Trust My Commission expires. aY P(I letiv my h: I a:al offwi I s A( PATTY A. ar n � c YOUNG �C'F 4 OFCO '•` w. temmk�lan t,vhn slaws 1788301 RL ERS 05/08/2008 03:59:04 PM Page: 3 of TO R 51.00 D 0.00 T 51.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ��fl��ll�il�ll��l�Bi111111�I111111111168/11/2603 e� 4 39P EXHIBIT A RECREATIONAL TRAIL EASEMENT A parcel of land in the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. In the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6t' P.M. to bear N. 88 E. and all bearings contained herein being relative thereto. Commencing at the NW Comer of the NE 1 /4 of the NW 1 /4 of Section 22; thence S. 01001'42" E., along the West line of the NE 1 /4 of the NW1/4 of Section 22; a distance of 280.24 feet to the True - Point of Beginning; thence S. 53 E., a distance of 273.45 feet; thence S. 26 E., ,a distance of 174.24 feet; thence S. 88 0 40'51" W., a distance of 33.23 feet, thence N. 26 W., a distance of 152.88 feet; thence N. 53 0 17'17" W., a distance of 243.16 feet to the said West line of the NW 1 /4 of the NE 1 /4 of Section 22; thence N. 01 W., along said West line of the NW 1 /4 of the NE 1 /4 of said Section 22 a distance of 37.94 feet to the point of beginning. Containing 0.291 Acres more or less. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5"' Street Pueblo, Colorado 81003 July 8, 2003 IN 99 045 07 178 RL EAS 05/08/2008 03:59:04 PM Gilbert 4 Or�tiz i CCler R k /Recorder Pueblo Coun Co mill FUPIU' Y�4h' �I' h2� ,�h+r!'IL�RI�+Kh�ltk'wIN}8NI 44 11111 ReS l'4$LO' Exh'.6J A' Niz vJ� h \\ O N N W 21 0 8//1 /20 e 5 umoz a � n N r^ �n N t0 h N An 2� \\ Z Z 3 =� h I 17 RL ERS 05/08/2008 03:59:04 PM Gelber( D CClerk Recorder. Pueblo County, Cc ■iii r��tir�wrrw :��r�rk��u�u+�r��k� {�� ■i ui 9 1 3 =� h I 17 RL ERS 05/08/2008 03:59:04 PM Gelber( D CClerk Recorder. Pueblo County, Cc ■iii r��tir�wrrw :��r�rk��u�u+�r��k� {�� ■i ui Res. 112 Dt7 j^� : • EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMs NT, granted this ')9�f1 day of - �ik2 , by Fram Ruberaon ]camber Trust Grantor, t Pueblo, a Mun otporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($ 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, an easement and right of way for the purpose of Drainage Improvements , 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 Drainage ImDrnyementa 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 (butt not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of IS %, 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 failures 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 us.: 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 casement 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 lawf claim title to the Property. DPW 110 11 1111 1 1 IgollI f 1111 1111 1 1 519 11 4 0 03 0P 12/03/95 26. Of D 8.09 17 11L Gl %her t6a of m 0 1erklRecorde D r, Puehlo Coun00, Co „ ?+'ti *.[ ? ® 111�4�. IP�Y' bVn�l+ 1 'aG��NR4k�1?r'1�4k�rtR'�kti��W ® 1111 �C53�`f6�°0.3 1Z E S Il�v 7 C nt:,b F "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, rnd shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this! 9 4M day of C l c rte GRANTOR• GRANT R: + By: By. • -1 c srs�w� Br Roberson, Trustee Elaine R. Williams N Elaine R. Hayes, Trustee COUNTY OFPUEBLO ) ) ss. STATE OF COLORADO) The forgoing instrument was acknowledged afore me this day of J� 4 Z a�3 by �r AY 4 •my hand and official seal. Sden Krober, Notary Public p mission Expires: CO. Of Residence: Marion :+ "�. , : CIIRim E5 2010 `t Rte};�(( No ublic 0 Y n t � +��_t , I NIIII ilIlll�iilllllil llIII lflII 111011III �8/ 03:30P 17 RL EnS 05/08/2008 03:59:04 PM 0.00 T 51.00 Gl lbert O CClerk Recortler, Pueblo county, Co 1111W10hey'kWWOhCAtlBMUNIIA" 11111 Res 1� ao� STATE OF Colord.ldo ) COUNTY OF Pueblo >s Tlw roregoing instNmonl was ndmowlCdgal hofom mo lhis 31st day of July 2003 b Elaine R. William nka Elaine R. Hayes as Trustee Emma Ruberson Eamber Trust MY Co OPATTY u� r. m Ksian EsDirs" 814106 I 11lI�! II�11 IIUI I�IIt �I��u NI I�� III Ilil 1 00 a 30P 00 0 178 RL EAS 05/08/2008 03:59:04 PM 0, arl CClar /Recorder, O P eblo County, Co ®III ppJYM M� W1115710FUM'1 h1d 4W4h 11111 VF�s Il )- o'7 xN:6'' � 3 EXHIBIT A -4 LAND DESCRIPTION OF DRAINAGE EASEMENT: An easement for drainage purposes in the NW 1 /4 of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 E. and all bearings contained herein being relative thereto. Commencing at the Northwest comer of the NW 1/ 4 Section 22; thence S. C1 0 01'42" E., along the We st the NW 1 /4, a distance of 305.53 feet to the True easement herein described; thence S. 53 E., 26 E., a distance of 160.00 feet; thence S. feet to the West line of the said NW 1 /4 of the NE 1 /4 N. 01 0 01'42" W., along said West line, a distan Beginning. of the NE Zia of the NW 1 /4 of said line of said NW 1 /4 of the NE 1 /4 of Point of Beginning of the drainage a distance of 253.26 feet; thence S. 88 W., a distance of 269.81 of the NW 1 /4 of Section 22; thence ce of 300.48 feet to the Point of Containing 1.14 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 May 8, 2003 IN 99 045 07 � III VIII IIIII 03:3 OP III�IVIII III�fIII�IIIII�II�INII 09 0 17 RL ERS 05/08/2008 03:59:04 PM Gi , rt Cla R /Recorde County, 0 r, Pueblo 0 ty 0 , Cc 3786 1 R g 8301 RL EAS 08/08/2008 03:69:04 PM • Gi artOrtiz C ark/Reeo der, Pueblo CounWO Co . • _ milIhU��' tRN�4i1��4Sk�filn�fi�i�kfW�W9�lVfiY 11111 a 0 00 0 00 �4 M C v v 2 RES Ilao`7 ii J z 0 W IIII� 1519114 If v +9.: s of e 08/11/2003 03:36P R 26.00 0 0.00 A e Q K Z u