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HomeMy WebLinkAbout11344RESOLUTION NO. 11344 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED AND THE EASEMENT AND RIGHT OF WAY FROM PUEBLO SUBURBAN DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: .qFrTlnN 1 The attached Warranty Deed and the Easement and Right of Way for public utilities between Pueblo, a Municipal Corporation, and Pueblo Suburban Development, LLC, a Colorado Limited Liability Company having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The City Clerk is directed to cause said Warranty Deed and Easement and Right of Way to be recorded in the office of the Pueblo County clerk and Recorder forthwith. INTRODUCED July 28, 2008 BY Vera Ortegon Councilperson APPROVE �. PPI`81f I T' i Lim] I Background Paper for Proposed RESOLUTION AGENDA ITEM # 10 DATE: JULY 28, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR— DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED AND THE EASEMENT AND RIGHT OF WAY FROM PUEBLO SUBURBAN DEVELOPMENT, LLC, A COLORADO LIMITED LIABILITY COMPANY ISSUE Should the City Council authorize the acceptance of a Warranty Deed and the Easement and Right of Way from Pueblo Suburban Development, LLC, a Colorado Limited Liability Company. RECOMMENDATION Approval of this Resolution BACKGROUND The purpose of the deed and the easement/right of way is to facilitate the development of the property located north of existing Lime Road, south of the present improved Greenhorn Drive, east of Interstate 25, and west of the Denver and Rio Grande Western railroad. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. Res 11344 1779796 WD 08/22/2008 04:26:10 PM Pa Gilbert Ortiz C1erk1Reco Pueblo l Cou 0 n O tY, Co mill t FIV EWW" Irk l ��'rrY P9'lIL4� MSikYI ®� �� SPECIAL WARRANTYDEED THIS DEED, dated is —2�t— 2001 Between /� 11 grantor and PUEBLO, a Municipal Corporation whose legal address is = 1 City Hall Place Pueblo, CO 81003 of the County of Pueblo and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: SEE ATTACHED EXHIBIT also known by street and number as: None assessor's schedule or parcel number: None TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. The grantor, for himself, his successors and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and dear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except easements, rights -of -way, restrictions, reservations, and covenants of record. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the gK , its successo and assigns, against all and every person or persons lawfully claiming the nypart er fby, through, or under the Grantor. IN WITNESS WHEREOF, r - this deed on th date set forth above. Flocic�� Sate of Go erado ) < VP ) ss. County of Peeb' ) The foregoing instrugent was acknowledged before me this Q D 4' � 2008 by �c��nR.r � V C3.,raZAZ, V 4`C Its Witness my hand and official seal. My commission expires: Notary Public ,Res. 11344 1779796 WD 0a/22/2008 04:26:10 PM Pagge: 2 of 3 R 16.00 D 0.00 T 16.00 Gi lberl Ortiz Clerk /Recorder, Pueblo County, Cc 1IIIMJ�1L�5� r4b�G�'CF�������'�4�PIh IVA4®1111 EXHIBIT A IC U113*14111k111L10 A parcel of land located in a portion of the E %Z of Section 26 and the NE '/4 of Section 35, Township 21 South, Range 65 West of the a P.M. in the County of Pueblo and State of Colorado being 80 feet in width, 40 feet on each side of the following described centerline: Considering a portion of the South line of the NE '/4 of Section 35, Township 21, South, Range 65 West of the 6 P.M. to bear N. 89 " W., and all bearings contained herein being relative thereto. Commencing at the most Southerly comer of Minnequa Industrial Park, Second Filing according to the recorded plat thereof as filed for record at Reception No. 1481756 in the Pueblo County records said point also being on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located; thence S. 06 °32'43" E., a distance of 232.77 feet to the Point of Beginning; thence S. 03'21'00" W., a distance of 2070.52 feet; thence Southeasterly along the arc of a curve to the left whose radiuses 500.00 feet, a distance of 520.95 feet; thence S. 56 °20'46" E., a distance of 599.31 feet; thence Southerly along the arc of a curve to the right whose radius is 500.00 feet, a distance of 969.63 feet; thence S. 54 °45'53" W., a distance of 814.28 feet; thence Southerly along the arc of a curve to the left whose radius is 500.00 feet, a distance of 448.68 feet; thence S. 03 °21'00" W., a distance of 987.62 feet to a point on the East -West centerline of Section 35 and the Point of Terminus. All external lines are to increase or decrease in length to join the existing property and or Section line. Containing 11.77 acres, more or less 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, August 5, 2008 JN 08 02102 Page 1 of 2 'h LOT GREENHORN DRIVE 1 i i JS 2 .77' 2J277' 1 1 ✓ i o I O.B. P. O. C. 80' mFn� \ S0321'00 "W Nma I 2070.52' mm EAST RIGHT —OF —WAY \ v I -25 4D' - 1F B u F 1 7 N a \ = u L p 40' R= 500.00' o 0= 59'41'45" 520.95' a_ 55620'46 E �a 599.31' R= 500.00' D =111 1 06 39" L= 969.63 I _ — F .. ; 1..; _ .r I I '• 1 I \ F• I \ I S54 45'53 "W \\ Cc; 1 814.28' \ R= 500.00' i, . i ce- • rA ' D= 5124 54" ? L= 448.68' ) ' 50371'00 "W I 987.62' i1) BASIS OF BEARINGS \ - • • N89 42'11 - W ... ................?377 P Lh'!h'ND R FOUND NO 6 REBAR WITH J 114" DIAMETER ALUMINUM CAP E (APPROPRIATELY STAMPED) „ 000 1 1 000 ' P Qi FOUND NO. 4 REBAR WITH 1" DIAMETER WHITE PLASTIC CAP, ILLEGIBLE SCALE — A (INSIDE 8" DIAMETER STEEL PIPE) 0 500 1000 2000' R P.O.B. POINT OF BEGINNING E P.O.C. POINT OF COMMENCEMENT D THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY B PREPARED TO DEPICT THE ATTACHED LAND ' NOR=AR ENGR4EERING AND SURVEYING, INC. DESCRIPTION. 177 EASE 08/22/2008 04:26:10 PM Res. 11344 G,lbe,t l Ort Ortiz k1Reoorder0 Pueblo l Counnty, Co mill EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2�. day of 2 c C) , by J, irantor, to PUEBLO, a Muni ioal Cor oration, 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 public utilities_ in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 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. n SIGNED this /_ ' day of i GRANTO , C,, By: V ` COUNTY OF P43E� ) T , 01 - 4r J ss. STATE OF C96A1? 4Bg) The foregoing instrument was acknowledged before me thi �� 1 r, day o Z a , � by Pi llca�n_.� 1,_ \ and e l Witness my hand and official seal. My commission expires: 3� 2 JULIE K son" (SEAL E**O Pon - eueo of m�p�E�praJwat,mt Notal Public ar AWNWN a Do ipri0 lTlwpuq�nr DPW 111 02/06/02 Res. 11344 17 EASE 08/22/2008 04:26:10 PM Gal6ert z Cou e Pueblo l0 ntty, Co ®III i��a�l�t} '1�44'Gii4'a iK� K��N4lwL''�11WI Ilk 11111 EXHIBIT A PUBLIC UTILITY EASEMENT LAND DESCRIPTION An easement for Public Utility purposes located in a portion of the SE '/4 of Section 26 and the NE' /4 of Section 35, Township 21 South, Range 65 West of the o P.M. in the County of Pueblo and State of Colorado being more particularly described as follows: Considering a portion of the South line of the NE '/a of Section 35, Township 21, South, Range 65 West of the 6 P.M. to bear N. 89'42'11 " W., and all bearings contained herein being relative thereto. Commencing at the E '/4 comer of Section 35; thence N. 32 °14'31" W., a distance of 4079.01 feet to the Point of Beginning, said point also being on the Easterly right -of -way line of Colorado Interstate No. 25 as presently located; thence Southeasterly along an arc of a curve to the left whose radius is 540.00 feet and whose center bears S. 86'48'12" E., a distance of 296.25 feet; thence S. 03 °21'00" W., being 80.00 East of the Easterly right -of -way line of said Colorado Interstate No. 25, a distance of 1889.61 feet; thence Southerly along the arc of a curve to the left whose radius is 540.00 feet and whose center bears S. 55 °03'50" E., a distance of 297.02 feet to a point on the Easterly right -of -way line of said Colorado Interstate No. 25; thence N. 03 °21'00" E., along the Easterly right -of -way line of said Interstate No. 25, a distance of 2453.17 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. 4"" J. W. )L' David M. Stravia Colorado P.L.S. 12933 NORTHSTAR ENGINEERING AND SURVEYING, INC. 12933 August 12, 2008 ga I.bB JN 08 02102 —911A Page 1 of 2 IX�H1/1= I T 0 ® i LLIT :? 1 GREENHORN DRIVE � I o� I1 1 I em��. I I i I ffll;lj•11= ;.r'(!�s 11' ?,'!!: 1, ^; 1;�L. . , "- ,j�G,. L7 moray I I N10� III EAST RIGHT –OF –WAY w o L 1 -25 o 1 , mmm� I I II ar, D O II I II l • 56 "E / r (R) - = 40.00' v D 312 II L= 296.25' 11 I NO321'00 "E - 2453.17' �. ` - — — — 801.. �I ' n � S0321'00 "W 1889.61' 1 \555'03'50 "E I 1 \ =540.00' D /'Y D= P. O. C. y3 3130'52" \ 297.02' BASIS OF BEARINGS ..N89 .. ..................2377 P - R i FOUND NO 6 R£BAR WITH 3 114" DIAMETER ALUMINUM CAP '- •-- -' ' E (APPROPRIATELY STAMPED) �� SCALE: 1 1000 P Q FOUND NO. 4 R£BAR WITH 1" DIAMETER WWTE PLASTIC CAP, ILLEGIBLE = (INSIDE 8" DIAMETER STEEL PIPE) A 0 500 1 000' 2000 R P.O.B. POINT OF BEGINNING E P.D.C. POINT OF COMMENCEMENT D NOTE: THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY. AND WAS ONLY B PREPARED TO DEPICT THE ATTACHED LAND Y NOM MR ENGINEERING AND SURVEYING, INC. DESCRIPTION.