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HomeMy WebLinkAbout11343RESOLUTION NO. 11343 A RESOLUTION ACCEPTING A DRAINAGE EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND BRAD A. PADULA BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Easements between the City of Pueblo, a Municipal Corporation, and Brad A. Padula, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2_ The Resolution shall become effective upon final passage and approval INTRODUCED July 28, 2008 Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: July 28, 2008 DEPARTMENT: STORMWATER UTILITY DENNIS MARONEY, DIRECTOR TITLE A RESOLUTION ACCEPTING A DRAINAGE EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND BRAD A. PADULA ISSUE Should the City Council accept a drainage easement considering the North line of the SE 'IA Section 7, Township 20 South, Range 64 West of the 6` P.M. to bear N. 88 °56'49" E., and all bearings contained herein being relative thereto. RECOMMENDATION Approval of this Resolution. BACKGROUND Brad A. Padula is granting to the City of Pueblo an easement commencing at the Northwest corner of Padula Subdivision according to the recorded plat thereof as filed for record at Reception No. 1732026 in the Pueblo County Records; thence N. 88 0 56'54" E., along the Northerly line of said Padula Subdivision, a distance of 36.42 feet to the Point of Beginning; thence continuing along the Northerly line of said Padula Subdivision the following two (2) courses: 1. N. 88 0 56'54" E., a distance of 0.69 feet; 2. N. 88 0 56'49" E., a distance of 31.14 feet; thence S. 00 °00'00" E., a distance of 25.17 feet; thence S. 28 °46'24" W., a distance of 131.00 feet; thence N. 52 0 26'18" W., a distance of 45.08 feet; thence N. 36 °38'50" E., a distance of 35.16 feet to the Point of Beginning for the purpose of drainage with an accessory structure. FINANCIAL IMPACT None. Res. 11343 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 9 -0- day of July, 2008, by Brad A. Padula, 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, an easement and right of way for the purpose of drainage with an accessory structure, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Attached as Exhibit B is the location and elevation of the accessory structure. Grantor shall install drainage and an accessory structure in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities ( "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, except as shown on Exhibit B. 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. Grantor hereby indemnifies and holds harmless Grantee from any liability associated with Grantor's placing a structure in the above described Easement. Gag e 95 1 0 of 5 E 1R82 . D 0 Pu 0 T 26.00Y Co "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 ` GRANTOR: STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of July, 2008 by Brad A. Padula. Witness my hand and official seal. My commission expires (SEAL) �� Notary Public / ©I G /afL�r1 fi l,y Coa :�„ z ... ztioit '1777555 EASE 08/01/2008 03:19:58 PM Page: 2 of 5 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill Pr1V1Yw4101 HAN K 177 EASE 08/01/2008 03:19:58 PM • Gllhert Cl.,k /R... der, Pu.blo Co mill w M air n��� �nii EXHIBIT A DRAINAGE and ACCESSORY STRUCTURE EASEMENT LAND DESCRIPTION Considering the North line of the SE 1 /4 of Section 7, Township 20 South, Range 64 West of the 6"' P.M. to bear N. 88 0 5649" E., and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Padula Subdivision according to the recorded plat thereof as filed for record at Reception No. 1732026 in the Pueblo County Records; thence N. 88 0 56'54" E., along the Northerly line of said Padula Subdivision, a distance of 36.42 feet to the Point of Beginning; thence continuing along the Northerly line of said Padula Subdivision the following two (2) courses: 1. N. 88 °56'54" E., a distance of 0.69 feet; 2. N. 88 0 56'49" E., a distance of 31.14 feet; thence S. 00 °00'00" E., a distance of 25.17 feet; thence S. 28 0 4624" W., a distance of 131.00 feet; thence N. 52 0 26'18" W., a distance of 45.08 feet; thence N. 36 1 38'50" E., a distance of 35.16 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. * 12933 " SUV Q !N 1nunm0111a4�o D vid M. Stravia Colorado P.L.S. #12933 NORTHSTAR ENGINEERING AND SURVEYING, INC. March 19, 2008 JN 06 005 01 Page 1 of 2 < z of j y� e g O - IU�LII 0) � cn U — j177gg7S55 EASE 08101/2008 03:19:58 PM s 0 .00 Ljj o , Pueblo County, J Co Gl lbart C /Reorder o2 -W Q. 2�CC, Z � J Q aa4wa�a4wA, oaf cc N O O a O W U Q. 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