HomeMy WebLinkAbout11331RESOLUTION NO. 11331
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY TO
REGENCY BUSINESS PARK, LLC A COLORADO LIMITED LIABILITY COMPANY AND
ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM REGENCY
DEVELOPERS, LLC, A COLORADO LIMITED LIABILITY COMPANY
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1 _
The attached release of easement and the easement and right of way for drainage between
Pueblo, a Municipal Corporation, and Regency Business Park, LLC, a Colorado Limited Liability
Company having been approved as to form by the City Attorney, are hereby approved.
SECTION 2_
The president of the City Council is hereby authorized and directed to execute such
Release and Easement and Right of Way 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 and Easement and Right of Way immediately following the recording of
Regency Business Park, Filing No. 2 in the office of the Pueblo County Clerk and Recorder.
SECTION 3.
The City Clerk is directed to cause said Easement and Right of Way to be recorded in the
office of the Pueblo County clerk and Recorder forthwith.
INTRODUCED July 14, 2008
BY Judy Weaver
Councilperson
AP PROVE
ATTE D BY: �. � y
PRESS NT'ei Cif' Council
zcs . H33)
Omm
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: JULY 14, 2008
DEPARTMENT: PUBLIC WORKS
DIRECTOR— DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY TO
REGENCY BUSINESS PARK, LLC A COLORADO LIMITED LIABILITY COMPANY AND
ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM REGENCY
DEVELOPERS, LLC, A COLORADO LIMITED LIABILITY COMPANY
ISSUE
Should the City Council authorize the release of easement from Regency Business Park,
LLC, a Colorado Limited Liability Company and accept an easement from Regency
Developers, LLC, a Colorado Limited Liability Company.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The developer wishes to reconfigure the existing easement and right of way in order to
accommodate the drainage within the proposed subdivision of Regency Business Park,
Filing No 2.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo due to this action.
Resolution 11331 1779814 R_EASE 08/25/2008 10:33:05 All
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
mill FS! Pl4 "1NEw'mWLWANrtWM111We11114 11111
RELEASE OF EASEMENTS
This release of easements is made on July 14, 2008, by Pueblo, a Municipal Corporation
(City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to Regency Business
Park, LLC, a Colorado Limited Liability Company Lamar, Colorado.
WHEREAS, Regency Business Park, LLC, a Colorado Limited Liability Company Lamar is the
Grantor and the City is the Grantee of certain easements for Drainage described in attached Exhibit
"A ": and
WHEREAS, Regency Developers, LLC, a Colorado Limited Liability Company has granted to
the City of Pueblo alternate easements for such purposes, and
WHEREAS, Regency Developers, LLC, a Colorado Limited Liability Company is the developer
and property owner for the property known as Regency Business Park, Filing No. 2; and
WHEREAS, if Regency Developers, LLC, a Colorado Limited Liability Company fails to record
the subdivision plat of Regency Business Park, Filing No. 2, this Release of Easements shall become
null and void.
NOW THEREFORE in consideration of Regency Developers, LLC, a Colorado Limited Liability
Company granting certain easements to the City of Pueblo, the City hereby releases the easements
described in attached Exhibit "A ".
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
Pueblo, a Municipal Corporation
BY
President, City Council
The foregoing instrument was acknowledged before me on 1 14 2008, by
Barbara Vidmar as President of City Council, and Gina Dutcher as City CI rk.
Witness my hand and official seal.
My commissiort expires:
pTARY`
76- /F cri _ne oc —�
: Nvtary Public
.PU 66�
5
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this day of �/t aQ0(o by
gency Business Park, LLC , Glamor, to Pueblo, a Municipal Corporation, Grantee:
Colorado Limited Liability Company
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 . 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 facilities
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 (but not the obligation) to inspect, control,
maintain. repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% 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 failure. -
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 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.
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"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 /,:�?7g day of o pQ�p
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
GRANTOR: Regency Business Park, LLC
/�� a / C o lo r ado Limited Liability Company
By: /�Lfti
Clay Wt5lthw, Manager
Ili
T�he instrument was acknowledged before me this � day of
1900 tO by Clay Whitham, Manager
Regency Business Park, LLC,
Witness my hand and official seal. a Colorado Limited Liability Company
Commission Expires: — •0��0 /
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EXHIBIT A
DRAINAGE EASEMENT
An easement for Drainage purposes In a portion of Lot 5, Block 2 in Regency Business
Park, LLC according to the recorded plat thereof as filed for record at Reception No.
I ZZ 138' In the County of Pueblo and the State of Colorado and being more
particularly described as follows:
Considering the West line of the SE 1 /4 of Section 9, Township 21 South, Range 65
West of the 6" P.M. to bear N. 01 0 0824" E., and all bearings contained herein being
relative thereto.
Beginning at the Southeast corner of Lot 5, Block 2 said point also being on the
Northerly right -of -way line of Kingsroyal Boulevard as presently located in Regency
Business Park, LLC; thence Westerly along the Southerly line of said Lot 5, Block 2 and
the Northerly right -of -way line of Kingsroyal Boulevard along the arc of a curve to the
left whose radius is 390.00 feet and whose center bears S. 05 W., a distance of
42.92 feet; thence N. 89 W., continuing along the Southerly line of said Lot 5,
Block 2 and the Northerly right -of -way line of Kingsroyal Boulevard, a distance of
123.12 feet; thence N. 00 E., a distance of 194.24 feet; thence S. 89 E.,
a distance of 166.00 feet to a point on the Easterly line of said Lot 5, Block 2 thence S.
00 a distance of 194.15 feet to the Point of Beginning.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, Colorado 81003
July 27, 2006
IN 05 036 00
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Resolution 11331 1779819 EASE 08/25/2008 10:33:05 AM
Pge: Gilbert of 1 0rU2 Clark /Recorder, Pueblo Cc
RIImrJur, %VIKI4114 11111 VED APR 0 7 2009
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this I day of April , aoo$ by
Regency Developers, LLC , Grantor, to Pueblo, a Municipal Corporation, Grantee:
a Colorado Limited Liability Company
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 Improvements
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 (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% 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 failure.
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 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.
y
DPW 110
12/03/98
1787g 2 9819 EASE 08/25/2008 10:33:05 AM
Gilbert Ortiz Clerk /Recorder, 2
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"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 - / 1 � day of %601 / , �7,o F
GRANTOR: Regency Developers, LLC, a Colorado Limited
lability Company
By:
Clay WhTtham, Manager
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this / S&7 day of
A "�2 —zoo ;F by Clay Whitham, Manager of Regency Develope LLC,
a Colorado Limited Liabiltiy Company
Witness my hand and official seal.
My Commission Expires: S — o 2 1 "0_0
(SEAL)
4 Notary Public 1
Gu�6 /o, 6,0 7
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1779819 EASE 08/25/2008 10:33:05 AM
Pa 3 of 4 R 21.00 D 0.00 T 21.00
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EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for Drainage purposes located in a portion of Lot 1, Block 1 in Regency
Business Park, Filing No. 2 according to the recorded plat thereof as filed for record at
Reception No. 1 - 77g8 16 in the County of Pueblo and the State of Colorado and
being more particularly described as follows:
Considering the North line of Lot 1, Block 1 of Regency Business Park, Filing No. 2 to
bear N. 87 0 5857" W., and all bearings contained herein being relative thereto.
Beginning at the Southeast corner of Lot 1, Block 1 said point also being on the
Northerly right -of -way line of Kingsroyal Boulevard as presently located in Regency
Business Park, Filing No. 2; thence Westerly along the Southerly line of said Lot 1, Block
1 and the Northerly right -of -way line of Kingsroyal Boulevard along the arc of a curve to
the left whose radius is 390.00 feet and whose center bears S. 21 0 19'11" W., a distance
of 149.80 feet; thence N. 89 0 3448" W., continuing along the Southerly line of said Lot
1, Block 1 and the Northerly right -of -way line of Kingsroyal Boulevard, a distance of
19.11 feet; thence N. 00 0 56'13" E., a distance of 193.30 feet; thence S. 89 0 01'18" E., a
distance of 166.00 feet to a point on the Easterly line of said Lot 1, Block 1; thence S.
00 1 56'13 "W., along the Easterly line of said Lot 1, Block 1, a distance of 217.19 feet to
the Point of Beginning.
I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby
state that this land description and exhibit, being made a part hereof, were prepared
under my responsible charge and are accurate to the best of my knowledge,
information and belief.
David M. Stravia
Colorado P.L.S. #12933
NORTHSTAR ENGINEERING AND SURVEYING, INC.
March 18, 2008
IN 05 036 01
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