HomeMy WebLinkAbout11356RESOLUTION NO. 11356
A RESOLUTION ACCEPTING FIVE (5) DRAINAGE EASEMENTS AND RIGHTS OF WAY AND A
WARRANTY DEED FOR FUTURE 47 STREET FROM ENCORE COMMUNITIES USA, LLP, A
COLORADO LIMITED LIABILITY PARTNERSHIP
WHEREAS, the owners of real property within a portion of Walking Stick Vista Subdivision,
Filing No. 1 has granted certain easements and rights of way and conveyed a warranty deed, for
future 47 Street, to the City of Pueblo; and
WHEREAS, such easements and rights of way are necessary to allow for the drainage of
stormwater; and
WHEREAS, such warranty deed is necessary for the future construction of 47 Street,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easements and Warranty Deed granted, copies of which are attached hereto, having
been approved as to form by the City Attorney, are hereby approved and accepted.
SECTION 2.
The City Clerk is directed to cause said Easements to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith. The grantors of said easements are responsible for
the cost of recording said easements.
INTRODUCED August 11, 2008
Res. 11356
i
•
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: AUGUST 11, 2008
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING FIVE (5) DRAINAGE EASEMENTS AND RIGHTS
OF WAY AND A WARRANTY DEED FOR FUTURE 47 STREET FROM
ENCORE COMMUNITIES USA, LLP, A COLORADO LIMITED LIABILITY
PARTNERSHIP
ISSUE
Should the City Council accept drainage easements and rights of way and a
warranty deed for future 47` Street from Encore Communities USA, LLP, a
Colorado Limited Liability Partnership for drainage purposes.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The easements and rights of way are necessary to allow for the drainage of
stormwater and the warranty deed is necessary for the future construction of 47
Street within a portion of the Walking Stick Vista Subdivision, Filing No. 1.
FINANCIAL IMPACT
None.
177 WD 08/14/2008 02:28:41 PM
Res. 11356 citber t o f 4 wRk2 1. 00r D 0. P b T e 2c 00r co
mill rYr.«�i�a�i ��1h LW�TsI"1 11111 �I
WARRANTY DEED
THIS DEED, dated �rla �, 2008
between
Encore Communities USA, LLP, a Colorado Limited Liability Partnership
of the County of Pueblo and State of Colorado, grantor(s) 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(s):
WITNESS, that the grantor(s), for and in consideration of the sum of One Dollar, 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(s), its heirs 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 A
also known by street and number as:
assessor's schedule or parcel number:
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(s), 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(s), its heirs and assigns forever. The grantor(s), for himself, his heirs
and personal representatives, does covenant, grant, bargain and agree to and with the grantee(s), its
heirs and assigns, that at the time of the ensealing and delivery of these presents, he 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 clear from all former and other
grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or
nature soever, except
The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above bargained premises in
the quiet and peaceable possession of the grantee(s), its heirs and assigns, against all and every person
or persons lawfully claiming the whole or any part thereof.
IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date set forth above.
Larry Belkin, Vartner
STATE OF COLORADO )
ss.
County of Pueblo )
The foregoing instrument was acknowledged before me this
2008, by Larry Belkin Partner of Encore Communities USA L-P. a Ce
Witness my hand and official seal.
My commission expires: 8-.21 --7,0 /y
L1
ra0l 4/E• Notary Public
�rrEb/o�. co �rooy
1
y
5 -21" ?011
My cnmmis_;u.i u::rlrc_.
Witness my hand and official seal.
My commission expires: 8-.21 --7,0 /y
L1
ra0l 4/E• Notary Public
�rrEb/o�. co �rooy
- - -- - --
Pag�e752 f D 4 08/14/ 200 8 D 0.00 n00 —
Gilbert Ortiz Clerkl Reoorder, Pueblo County, Co
®III IMPOPI P14'Llillm" 11 Ia llwil V MR�OW14 11111
EXHIBIT A
47 STREET
LAND DESCRIPTION
Parcels of land located in the N 1 /2 of the S 1 /2 of Section 8, Township 20 South, Range
64 West of the 6"' P.M. in the County of Pueblo and State of Colorado and being more
particularly described as follows:
Considering the line between the Calibration Baseline, 973 -1983 USC and the E 1 /4
Comer of Section 8, Township 20 South, Range 64 West of the 6th P.M. to bear N.
01 0 50'04" E., and all bearings contained herein being relative thereto.
Parcel 1
Commencing at the W 1 /4 Corner of Section 8, Township 20 South, Range 64 West of
the 6"' P.M.; thence S. 00 0 46'05" W., along the West line of the S 1 /2 of said Section 8,
a distance of 263.26 to the Point of Beginning; thence N. 62 0 04'55" E., a distance of
459.61 feet; thence Northeasterly along the arc of a curve to the right whose radius is
1300.00 feet, a distance of 179.84 feet to a point on the North line of the S 1 /2 of said
Section 8, thence N. 87 0 29'01" E., along the North line of the S 1 /2 of said Section 8 a
distance of 2092.81 feet; thence Southerly along the arc of a curve to the left whose
radius is 150.00 feet and whose center bears N. 87 0 29'01" E., a distance of 61.73 feet;
thence S. 87 0 29'01" W., a distance of 1677.86 feet; thence Westerly along the arc of a
curve to the left whose radius is 1180.00 feet; a distance of 523.14 feet; thence S.
62 1 04'55" W., a distance of 465.08 feet; thence Southwesterly along the arc of a curve
to the left whose radius is 440.00 feet, a distance of 62.85 feet to a point on the West
line of the S 1 /2 of said Section 8; thence N. 00 0 46'05" E., along the West line of the S
1 /2 of said Section 8, a distance of 141.90 feet to the Point of Beginning.
Containing 4.43 acres, more or less
Parcel 2
Beginning at the E 1 /4 Corner of Section 8, Township 20 South, Range 64 West of the
6 P.M.; thence S. 00 1 50'06" W., along the East line of the S 1 /2 of said Section 8, a
distance of 60.10 feet; thence S. 87 0 28'12" W., a distance of 2678.73 feet; thence
Page 1 of 3
1778753 WD 08/14/2008 02:28:41 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III NFIRM "MMRui "541HARIA W 11111
Northerly along the arc of a curve to the left whose radius is 150.00 feet and whose
center bears N. 68 0 56'18" W., a distance of 61.73 feet to a point on the North fine of
the S 1 /2 of said Section 8; thence N. 87 0 29'01" E., along the North line of the S 1 /2 of
said Section 8, a distance of 12.04 feet; thence N. 87 0 28'12" E., continuing along the
North line of the S 1 /2 of said Section 8, a distance of 2657.68 feet to the Point of
Beginning.
Containing 3.68 acres, more or less
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, Colorado 81003
November 7, 2007
IN 07 022 02
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Res. 11356
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this �_ day of d v ADO a' , by
Communities USA LLP, a Colorado Limited Liability Partne hiu , 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 drainaee , in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as _Walking Stick Vista, Filing No. 1 _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.
SIGNED this � day of A)!q(]c5�
Q
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
GRANTOR
By:
Larry Belkin�Part���
Encore Communities USA, LLP
The foregoing instrument was acknowledged before me this L day of
,70p` , by Larry Belkin, Partner of Encore Communities USA, LLP, a Colora
Partnership
Witness my hand and official seal.
My commission expires: S - o2 /' 0 //
(SEAL)
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1778754 EASE 08/14/2008 02:28:41 PM
Page: 1 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill �dw�r�� 1��N4�hY ,1«4Fr44YrYJFiWi mill
DPW 111
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill �IPR�d4 +'h4ti'hi4'rl�R+11���I&rl ®1111
EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for drainage purposes located in a portion of Walking Stick Vista, Filing No. 1 in
the County of Pueblo and State of Colorado and being more particularly described as follows:
Considering the West line of Walking Stick Vista, Filing No. 1 to bear N. 00 °46'05" E., and all
bearings contained herein being relative thereto.
Commencing at the Southwest comer of Lot 3, Block 3 in Walking Stick Vista, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo
County records; thence Northeasterly along the arc of a curve to the right whose radius is 230.00
feet and whose center bears S. 29 °48'54" E., a distance of 5.77 feet to the Point of Beginning;
thence N. 00 °46'05" E., a distance of 2.25 feet to a point on the Northwesterly line of said Lot 3,
Block 3; thence N. 45 °05'24" E., along the Northwesterly line of said Lot 3, Block 3, a distance
of 14.31 feet; thence S. 00 °46'05" W., a distance of 7.23 feet to a point on the Southerly line of
said Lot 3, Block 3; thence Southwesterly along the are of a curve to the left whose radius is
230.00 feet and whose center bears; S. 25 °33'50" E., a distance of 11.30 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 o opP �tsTfRF
Colorado P.L.S. 12933 s
NorthStar Engineering and Surveying, Inc. 12M
June 6, 2008 '01
JN 07 022 02 s
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Res. 11356
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 6 /-/ day of by
Communities USA, LLP, a Colorado Limited Liability Partners 0 ,'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 in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as Walking Stick Vista, Filing g o. 1_ 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
SIGNED this � day of
GRANTOR
By:
Larry Belkin, Partner
Encore Communities USA, LLP
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
�1
3
The foregoing instrument was acknowledged before me this day of
by _Larry Belkin, Partner of Encore Communities USA, LLP, a Colora
Partners in .
Witness my hand and official seal.
My commission expires:
EL .{I. BOty,�
NOTARY Notary Publi
tea PUBLIC �
OF C04�
My commission expires 10- 28-2009
17 EASE 08/14/2008 02:28:41 PM
Pae: of Gilbert t z /Recorder. Pueblo County, Ca
�IIIN��dNRCI�1�tI, f���+ ��� +�11W�ILl�Y�dti�4�t��IIY�iI��� 4,
DPW 111
02/06/02
4
1778755 EASE 08/14/2008 02:28:41 PM
Pa 2 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz ClerklRecorder, Pueblo County, Co
®III R��arUl:ti�'ll+ '6��L'F�; WvIvrimloak 11111
EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for drainage purposes located in a portion of Walking Stick Vista, Filing No. 1 in
the County of Pueblo and State of Colorado and being more particularly described as follows:
The East 10 feet of the West 15 feet of Lot 1, Block 3 in Walking Stick Vista, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo
County records.
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.
IN 0
David M. Stravia
Colorado P.L.S. 12933
NorthStar Engineering and Surveying, Inc.
June 6, 2008
JN 07 022 02
Page 1 of 2
RE
EXHI.IT A
LE6T)KO
W 114 CORNER OF SEC110N 8
Q FOUND AXLE w/TAG
PLS. 12933
WEST 114 CORNER OF SECTION 8, T.20S., R.64W.
/ OF THE 6TH PRINCIPAL MERIDIAN
O FOUND No. 4 REBAR w/ PLASTIC CAP
/ , \• . L.S. 12933
Z P.U.E. PUBLIC UTILITY EASEMENT
D.E. DRAINAGE EASEMENT —�
oif
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SCALE: 1 " = 60'
A h`
+ . , , _ , , -- ,
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' 30' 60' 120'
D
NOTE:
B - THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY. AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LEGAL
Y� NOMBI'AR mtsINEEMCI AND SURVEYM, INC. DESCRIPTION.
Res. 11356
r
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this t<� day of f� yS / �QL66 by
Encore Communities USA. LLP, a Colorado Limited Liability Partner ice 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_ in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as _Walking Stick Vista, Filing No. l _ 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.
SIGNED this 0 day of
GRANTOR
By:
Larry Belkin, Partner
Encore Communities USA, LLP
COUNTY OF PUEBLO
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this � day of
n pt , by _ Larry Belkin. Partner of En core Communities USA, LLP, a Colora
Partnership
Witness my hand and official seal.
My commission expires:
(SE
NOTARY Notary Public
PUBLIC � 1778756 EASE 08/14/2008 02:28:41 PM
e
Pag lbert l Or o ti z Pueblo 3Clerk/Recorder. Pue l Counnty� Co
®III I��aNI�R+�JI�h'hi 1:�4� 1�r4Yt�INt,�'itil��ltiY4 ®III
My commission expires 1x282009
DPW 111
02/06/02
1778756 EASE 08/14/2008 02:28:41 PM
Pa 2 of 3 R 16.00 0 0.00 T 16.00
Gilbert Ortiz Cierk /Recorder, Pueblo County, Co
mill
P�
EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for drainage purposes located in a portion of Walking Stick Vista, Filing No. 1 in
the County of Pueblo and State of Colorado and being more particularly described as follows:
The East 10 feet of the West 15 feet of Lot 2, Block 3 in Walking Stick Vista, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo
County records.
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.
G
David M. Stravia
Colorado P.L.S. 12933
NorthStar Engineering and Surveying, Inc.
June 6, 2008
JN 07 022 02
Page 1 of 2
LL'GLIVIJ
W 114 CORNER OF SECRON 8
FOUND AXLE w/TAG
PLS. 12933
WEST 114 CORNER OF SECTION 8, T.20S., R.64W.
/ OF THE 6TH PRINCIPAL MERID14N
0 FOUND No. 4 REBAR w/ PLASTIC CAP
/ , ' L.S. 12933
P.U.E. PUBLIC UTILITY EASEMENT
D.E. DRAINAGE EASEMENT
O / � 1' " � +•�',' 1 ", \ /
X
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ry � ;N' Q I / - - ;i ' G m
Li
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Q W L ,4 Iii ,,,J'h' \ \\ •
r
E h i SCALE: 1 " = 60'
0 30' 60' 120'
THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY, AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LEGAL
DESCRIPTION.
A
A ,l K lrl �- _ _ _"
l ___ �_
„
D
A
: ,
B
Y NORnMARS ENGIIVEERING AND SURVEYING,
INC.
0 30' 60' 120'
THIS EXHIBIT WAS NOT PREPARED AS A
MONUMENTED LAND SURVEY, AND WAS ONLY
PREPARED TO DEPICT THE ATTACHED LEGAL
DESCRIPTION.
,Res.. 11356
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this t 1 , 744 day of V Us -�Oby by
Encore Communities USA, LLP, a Colorado Limited Liability Partner ice 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 , in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as Walking Stick Vista, Filing No I _ 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.
SIGNED this � day of,
GRANTOR
By: Zij
Larry Belkin, Partner
Encore Communities USA, LLP
COUNTY OF PUEBLO
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this day of
?�0� by _La Belkin Partner of Encore Communities USA, LLP, a Colora
Partnership
Witness my hand and official seal.
My commission expires:
�PVt. eotp.
{ NOTARY tary Publl
� *
�A PUBLIC --
17 EASE 08/14/2008 02:28:41 PM
Gl lbe l
rt Ortiz 3 zClerk /Rec 1
Clerk/Recorder, Pueblo Couty, Ca
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■III I�P1r�rlS�rll 'hiJ'kbl6,w4,1���I4 Il��I�Kw ®IIII
EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for drainage purposes located in a portion of Walking Stick Vista, Filing No. 1 in
the County of Pueblo and State of Colorado and being more particularly described as follows:
The East 5 feet of the West 10 feet of Lot 1, Block 1 in Walking Stick Vista, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo
County records.
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.
May 28, 2008
JN 07 022 02
Page 1 of 2
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1778757 EASE 08114/2008 02:28:41 PM
Page: 3 of 3 R 16.00 6 0.00 T 16.00 Z
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
®III �4�1�G��r' Itl�GC7i� 'Isll��lka�r4}Ih�l�I�I�till�l 11 111 a AG W a � A4 W A ra
Res. 11356 1
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 6' day of // (/5 , by
Encore Communities USA, LLP a Colorado Limited Liability Partners trip , 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 , in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as Walking Stick Vista, Filing No. 1 _ 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.
SIGNED this &-- day of
GRANTOR
By: , —
Larry Belkin, Partner
Encore Communities USA, LLP
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this day of
by _Carr Belkin Partner of Encore Communities USA, LLP, a Colora
Partnershio
Witness my hand and official seal.
ommission expires:
��.�� BOY ✓`y
( NbTARY Bey" Q
Notary Publ'
( v A PUBLICf`
C
My commisslon ex
177 EASE 08/14/2008 02:28:41 PM
8-2009 2OO9 Gi Pueblo 3 ClarklRecorder0 l Cou nn ty, Co
DPW 111
02/66/02
177 EASE 08/14/2008 02:28:41 PM
Gafber t z C1erk1Reo der, P ebla o 0 tY Co
mill PrOPWINalMPAkd AIA F'LihMW ®1111
EXHIBIT A
DRAINAGE EASEMENT
LAND DESCRIPTION
An easement for drainage purposes located in a portion of Walking Stick Vista, Filing No. 1 in
the County of Pueblo and State of Colorado and being more particularly described as follows:
Considering the West line of the SW '/4 of Section 8, Township 20 South, Range 64 West of the
6` Principal Meridian to bear N. 00 °46'05" E., and all bearings contained herein being relative
thereto.
Beginning at the most Westerly comer of Lot 2, Block 1 in Walking Stick Vista, Filing No. 1
according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo
County records said point also being on the Southerly line of Parcel A in said Walking Stick
Vista, Filing No. 1; thence Northeasterly along the Northerly line of said Lot 2, Block 1 and the
Southerly line of said Parcel A along the arc of a curve to the right whose radius is 406.23 feet
and whose center bears S. 36 °25'55" E., a distance of 8.22 feet; thence S. 00 °46'05" W., a
distance of 11.97 feet to a point on the Southwesterly line of said Lot 2, Block 1; thence N.
42 °17'34" W., along the Southwesterly line of said Lot 2, Block 1, a distance of 9.67 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.
/N2
David M. Stravia
Colorado P.L.S. 12933
NORTHSTAR ENGINEERING AND SURVEYING, INC.
May 29, 2008
JN 07 022 02
Page 1 of 2
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1778758 EASE 08/14/2008 02:28:41 PM
Page: 3 of 3 R 16,00 0 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
BASIS OF BEARINGS
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