HomeMy WebLinkAbout11436RESOLUTION NO. 11436
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN EASEMENT AND RIGHT
OF WAY FROM VESTAS TOWERS AMERICA, INC., A DELAWARE CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Easement and Right of Way for underground utilities between Pueblo, a
Municipal Corporation, and Vestas Towers American, Inc., having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2.
The City Clerk is directed to cause the Easement and Right of Way to be recorded in the
office of the Pueblo County clerk and Recorder forthwith.
BY Vera Ortegon
Councilperson
PRt
ATTESTED aY
{
CLERK
INTRODUCED October 14, 2008
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......_ _..,.
Background Paper for Proposed
RESOLUTION
DATE: OCTOBER 14, 2008 Agenda Item# 20
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA
TITLE
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN EASEMENT AND RIGHT
OF WAY FROM VESTAS TOWERS AMERICA, INC., A DELAWARE CORPORATION
ISSUE
Should the City Council authorize the acceptance of an Easement and Right of Way
from Vestas Towers America, Inc., a Delaware Corporation.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The purpose of the easement and right of way is to allow for the installation of an
underground water line and any attendant facilities.
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo due to this action.
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RES. NO 11436 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
P1�nN gJig11111
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 15? day of September, 2008, by VESTAS TOWERS
AMERICA, INC., a Delaware corporation, 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 installing and
locating a water line and any attendant facilities in, through, under and across Grantor's property situated
in Pueblo County, Colorado, and legally described and depicted 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 of the water line and any attendant facilities. 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.
Grantor hereby disclaims all, and shall have no, liability (whether monetary or otherwise) to
Grantee or any third party for any acts or omissions arising from any entry made, or any actions taken,
under this Easement And Right of Way by, or on behalf of, Grantee.
"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 �v day of September, 2008.
GRANTOR
By: VESTAS TOWERS AMERICA, INC.,
a Delaware corporation
By:
Name: 41-f R v
Title: 69 A'
COUNTY OF e (d )
) ss.
STATE OF COLORADO )
The foregoing Easement and Right of Way was acknowledged before me this ( g day of
September, 2005, by pcnc �e seh C (, LP of Vestas Towers America, Inc., a Delaware
corporation.
Witness my hand and official seal.
My commission expires: I 1 'O l — O
Notary Public
178 EASE 10/20/2008 04:17:58 PM
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Gilbert Ortiz ClerklRecorder, Pueblo County, Cc
1111 NFaRVRFUMWMA LI NlM',1l0& 11111
LEGAL DESCRIPTION- 80 FOOT RIGHT -OF -WAY PARCEL
A PORTION OF LAND SITUATED IN THE WEST ONE -HALF OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE
65 WEST OF THE 6TH PRINCIPAL MERIDIAN AND A PORTION OF THE SOUTH ONE -HALF OF SECTION 35,
TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO,
STATE OF COLORADO, AND ALSO BEING A PORTION OF THOSE PARCELS OF RECORD AT RECEPTION
NUMBER 1779800, RECORDS OF THE RECORDER'S OFFICE, PUEBLO COUNTY, COLORADO, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 2,
TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING
MONUMENTED AT THE NORTH ONE - QUARTER CORNER OF SAID SECTION 2 BY
A RECOVERED 6 INCH BY 6 INCH CONCRETE POST WITH A CHISELED CROSS
AND AT THE NORTHEAST CORNER OF SAID SECTION 2 BY A RECOVERED 3 -1/4
INCH ALUMINUM CAP STAMPED "T21S, R65W, S35/S36/S21S1, T22S, 1985,
CALCULATED TO BEAR S89 0 44'50 "E WITH ALL BEARINGS CONTAINED HEREIN
RELATIVE THERETO.
COMMENCING AT SAID NORTH ONE - QUARTER CORNER OF SECTION 2; THENCE S05 °10'1w W ACROSS
SAID SECTION 2, A DISTANCE OF 3,878.04 FEET TO THE NORTH RIGHT -OF -WAY OF LIME ROAD OF
RECORD AT RECEPTION NUMBER 1744576, PUEBLO COUNTY RECORDS, AND THE POINT OF
BEGINNING;
THENCE S85 °27'36 W ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 8028 FEET
THENCE N00 VE A DISTANCE OF 4,093.69 FEET TO A POINT OF CURVATURE:
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT, HAVING A RADIUS OF 540.00 FEET, A
CENTRAL ANGLE OF 24 0 02'06" AND AN ARC LENGTH OF 226.52 FEET;
THENCE N24 0 17'16 "E A DISTANCE OF 103.36 FEET TO A POINT OF CURVATURE ON THE EASTERLY LINE
OF INTERSTATE 25;
THENCE ALONG SAID EASTERLY LINE OF INTERSTATE 25 AND ALONG THE ARC OF A CURVE TO THE
LEFT WHOSE RADIUS POINT BEARS N65 "42'44"W, HAVING A RADIUS OF 5,892.00, A CENTRAL ANGLE
OF 20 "56'16 ", AND AN ARC LENGTH OF 2,153.15 FEET;
THENCE NO3 0 21'00 "E A DISTANCE OF 103.58 FEET TO THE NORTH LINE OF THE SOUTHEAST ONE -
QUARTER OF SAID SECTION 35;
THENCE S89 "42'1 V E ALONG SAID NORTH LINE A DISTANCE OF 80.11 FEET;
THENCE LEAVING SAID NORTH LINE S03°2l'00"W A DISTANCE OF 107.85 FEET TO A POINT OF
CURVATURE;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 5,972.00 FEET, A
CENTRAL ANGLE OF 20 °56'16" AND AN ARC LENGTH OF 2,182.38 FEET;
THENCE S24 °17'16 "W A DISTANCE OF 103.36 FEET TO A POINT OF CURVATURE;
THENCE ALONG THE ARC OF A TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 460.00 FEET, A
CENTRAL ANGLE OF 24 0 02'06" AND AN ARC LENGTH OF 192.96 FEET;
THENCE S00 °15'11" W A DISTANCE OF 4,086.98 FEET TO THE POINT OF BEGINNING.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III i�P1R�Pl��rlt�f� 'I��t�Yll�dP��1lIIM�J'14i ®� ���
CONTAINING AN AREA OF 534,153 SQUARE FEET, OR 12.262 ACRES, MORE OR LESS.
EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
1, CHARLES BERESFORD, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO
HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED
UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND
BELIEF, ARE CORRECT.
CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR
COLORADO REGISTRATION No. 35583
FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC.
8000 S. CHESTER STREET, SUITE 200
CENTENNIAL, COLORADO 80112
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589'42'1 t "E
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STAS TOWERS AMERICA, INC.
LINE TABLE
(RECEPTION NO. 1779800)
L1: S8527'36 "W 80.28'
L2: S24'17'16 "W 103.36'
R= 5892.00'
R= 5972.00' I
L= 2153.15'
L= 2182.38'
A= 20'56'16"
A= 20'56'16
CURVE TABLE
Cl:
R= 46D.00' e= 24'02'06" L= 192.96'
I
SECTION 35
SW 114
TWP. 21 SOUTH
RANGE 65 WEST OF
� 80'
THE 6TH P. M. 1
1
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SE 114
SW 114
E�90� far,
N24'17'16"
103.36'
BASIS OF BEARINGS
R= 540.00' L2
NORTH LINE OF THE NORTHEAST 1/4 1
1
SECTION 2, TWP. 22 SOUTH,
L= 226.52' C1
RANGE 65 WEST 6TH P.M.
A= 24'02'0
S89'44'50" E 2,616.57'
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POINT OF
NORTHEAST CORNER
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COMMENCEMENT
SECTION 2
ry� p
NORTH 1/4 CORNER
RECOVERED 3 -1/4 INCH
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SECTION 2
ALUMINUM CAP
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RECOVERED 6x6 INCH
STAMPED
- T21S,R65W,S35
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CONCRETE POST WITH
CHISELED CROSS
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VESTAS TOWERS AMERICA, INC.
80' I
(RECEPTION NO. 1779800)
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SW 1
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SE 114
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POINT
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LIME ROAD
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SW 114
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0 500' 1000'
2000'
1 inch - 1000 fL
MS EXHIBIT DOES NOT REPRESENT A MONUMENTEO
SURVEY.
IT IS INTENDED SCUlY TO DEPICT THE ATTACHED LEGAL DESCRPPON.
PUEBLO
PROJECT
SHEET NUMBER
NOL7M
PROPOSED 80 FOOT RIGHT —OF -WAY
LEGAL DESCRIPTION
EXHIBIT
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PREPARED FOR: -
DATE SUBMITTED. 09 /tU08
JOB NUMBER
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