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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 Page: 1 of 5 R 26.00 D 0.00 T 26.00 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. of 4 DPW 110 VII I1IIII 1IN 11 11 1 11 1 64 72150 47P 12/03/98 OOhert Ortiz PuaO1oCtK1kORZC EASE R 21.00 D 0.00 1779814 R_EASE 08/25/2008 10:33:05 AM Pa 2 of 5 R 26.00 D 0.00 T 26.00 Gi lhert Ortiz Clerk /Recorder, Pueblo County: Co ®III KIM "A81106 1411 %NNA W 11 ill "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 / VL 90 {y� ) NOTARY u Not P he a a a Rr commssla e ID42009 177 R_EASE 08/25/2008 10:33:05 AM G, rt erk/Recorder, Puebla County, Co milII���R�YJG�r44 '���k'�k8'R�1l���Ylff�� I NIIII� INIIIIIIIIII IIII�IIIIIIIIIIIIIII N7z2W of 4 02: 47P Clll.rl erlle Po.hloCtVClkWw. EM R 21,00 0 0.00 i 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 Page 1 of 2 II �VIII IflIIIIIII��i III�II I� Pa 2 001 5 02 47P 011b"rt Ortis Pu I.CtVWWIR. EPEE R 21.t o 0, be 1779814 R_EASE 08/25/2008 10:33:05 AM Pa ye: 4 of 5 R 26.00 D 0.00 T 26.00 Gilbert Ortiz ClerklRecortler, Pueblo County, Co ®111 11111 1779814 R EASE 08/25/2008 10:33:05 AM Pa 5 of - 5 R 26.00 0 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc Bill JWFA NlN'N M AITIM11010 I R 11111 a i Z z z z � m a M Q Cd a � IIII III IIII II 111111 III IN Ilu IINI fllli 111111 08 ZZL I W A jot -6! �� Wm I� 0 0 e N �f o 2m J L O o ^_ Q � N m ti O OON 2 o h � (n o w a �n aoJ >b \ W ,x ¢yl I-i- a wo g pz `s II � 6 �ary QQ �Y1 ui II v . V '<o w�W a i Z z z z � m a M Q Cd a � IIII III IIII II 111111 III IN Ilu IINI fllli 111111 08 ZZL I W A jot -6! �� Wm I� N {r - - -- ^ e 3 0 3 3]0 F � G W S OQ 2m J 0 O W r a � N m ti O OON 2 o h � Off} U RRR���111 ryOr� w a �n aoJ >b \ W ¢yl N� a wo N {r - - -- ^ a 2m 2 m W OON o _ �n 3 ¢yl g pz `s � 6 �ary �o '<o w�W p J O z aACwa <AGwC aAi� 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 PuebloCou Co mill �1 .�1M� ��I��h�'�1� � MW WAIA 11111 "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 AIy COfiIRiismi 5 IM 1779819 EASE 08/25/2008 10:33:05 AM Pa 3 of 4 R 21.00 D 0.00 T 21.00 ': ?• Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co ®Ill kl�1M+L'E��4�49CI��' k'h4�FtiMtt#f�R71K�a� Yid ®1111 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 Page 1 of 2 ►C to pp > b .•x'12 yG�..(/i. y €�- VI b t ' . Or- �O r! Q :m ' y Ati �; r " 2 m ` n O I ' t -b nZ4a i� < 2 40 40' y b A� y to " C O 1 T1 m 0 R7 0 r� y 7� goy A sa I a N00 56'73 "E A S00 56'1 '10 O r 0 cn I to l o Y 2 Ij O 2 nmj a m c� m czg o00 o00 ti n y � 1 � gm b —o e D w C2 m 0 R7 0 r� y 7� goy A sa I a N00 56'73 "E A S00 56'1 1- - A Iti I� 1779819 EASE 08/25/2008 10:33:05 AM Page: 4 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co u mir��a�ra :i \ c \ \y czg � gm A I 1 I1 mo II m i 0 y I I Z U SO • _,�. C cb I m o b\ l �_ p m I wZ �1 m o ;z ; f m �s Z> Z m I I o m v m Z ti 1- - A Iti I� 1779819 EASE 08/25/2008 10:33:05 AM Page: 4 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co u mir��a�ra :i \ c \ \y