The URL can be used to link to this page

Home My WebLink About1161318 RES 05/14/2009 01:40:57 PM Gal be't 0� l izCle C R 66.00 lerk/Recorder Pueblo Co Cc ®III R61 + �111k�1 , I�h'f�11,IthG'l�It,l�f�IN �I III RESOLUTION NO. 11613 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS FOR SANITARY SEWER, DRAINAGE IMPROVEMENTS, SIDEWALK AND PUBLIC IMPROVEMENTS AND CLIL -DE -SAC TO PUEBLO LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easements between Pueblo, a Municipal Corporation, and 610, RLLLP, a Colorado Limited Liability Limited Partnership having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The president of the City Council is hereby authorized and directed to execute such Release 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 in the office of the Pueblo County Clerk and Recorder immediately prior to the recording of the subdivision plat for Villa Bella Subdivision. SECTION 3. This Resolution shall become effective upon final passage and approval. INTRODUCED: May 11, 2009 BY Judy Weav �NCILPERSON ----- ;`�' APPROVED: -��— ;��,. PRESIDENT OF CITY COUNCIL ATTESTED By CITY CLERK Res. IIL13 D �I 0 Background Paper for Proposed RESOLUTION AGENDA ITEM # LL DATE: MAY 11, 2009 DEPARTMENT: PUBLIC WORKS INTERIM DIRECTOR — MICKEY BEYER, P.E. TITLE A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS FOR SANITARY SEWER, DRAINAGE IMPROVEMENTS, SIDEWALK AND PUBLIC IMPROVEMENTS AND CUL -DE -SAC TO PUEBLO LAND, LLC, A COLORADO LIMITED LIABILITY COMPANY ISSUE Should the City Council authorize the Release of Easements. Approval of this Resolution BACKGROUND The owner and developer has realigned Troy Avenue and reconfigured the easements on the approved plat of Villa Bella Subdivision. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. Reso. 116113 1805419 RES 05/14/2009 01:40:57 PM Page: 2 of 13 R 65.00 D 0.00 T 66.00 Gilbert Ortiz Clerkl Recorder. Pueblo County, Co 11116Wi yM it V'V *+;114! Vi �ffL'I h l kll+ NI it 111 and official seal. This release of easements is made on May 11 , 2009, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to Pueblo Land, LLC, a Colorado Limited Liability Company. WHERAS, Pueblo Land, LLC, a Colorado Limited Liability Company is the Grantor and the City is the Grantee of certain easements for Sanitary Sewer, Drainage Improvements, Sidewalk and Public Improvements and Cul -de -Sac described in attached Exhibit "A ", Exhibit "B" and Exhibit "C; and WHEREAS, 610, RLLLP, a Colorado Limited Liability Limited Partnership has granted to the City of Pueblo alternate easements for such purposes on the approved subdivision plat of Villa Bella Subdivision; and WHERAS, 610, RLLLP, a Colorado Limited Liability Limited Partnership is the developer and property owner for the property known as Villa Bella Subdivision; and WHEREAS, if 610, RLLLP, a Colorado Limited Liability Limited Partnership fails to record the approved subdivision plat of Villa Bella Subdivision, this Release of Easements shall become null and void. NOW THEREFORE in consideration of 610, RLLLP, a Colorado Limited Liability Limited Partnership granting certain easements to the City of Pueblo on the approved subdivision plat of Villa Bella Subdivision, the City hereby releases the easements described in attached Exhibit "A ", Exhibit "B" and Exhibit "C ". STATE OF COLORADO ) )SS. COUNTY OF PUEBLO ) RELEASE OF EASEMENTS Municipal Corporation The foregoing instrument was acknowledged before me on 2009, by Vera Ortegon'as President of City Council, and Gina Dutcher as City Cler . ��b511nni1Y hand mi Y. s s onE Q- Y////Z0// ry Public 0 1805419 RES 05/14/2009 01:40:57 PM Page: 3 of 13 R 66.00 0 0.00 T 66.00 Gilbert Ortiz ClerklRecorder, Pueblo County CO mill hYr�Pl ll��IS�Gha+ II I WIMCWTUhu 10.11 "1 ®1111 FA t1 1 I I I - -- I � 1 1 3 2 11 1 r 7 PROPOSED EASEMENTS TO BE RELEASED i PARCEL ° / iil / 1 6 2ND I '/ 11 j Q 1ST RC EL "B" y 5 4 I 4* % J � X I I \ \ \ - - -- — --- - -- FIL i 2ND 2 I; 2 3 II 1 2 5 FIL \/ I 04- 000 -00 -160 FOOTHILLS FARM RLLLP 04- 000 -00 -171 FOOTHILLS FARM RLLLP y 4> �I I� IIIIi II��I 16 EASEMENT 1 of 3 sF 0 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted to by Pueblo Land GRANTEE: WITNESSETH: THAT INCONSIDERATION 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, a 20.00' x 40.00' foot easement and right of way for the purpose of Sanitary Sewer in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") Please See Attached Exhibits "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 fide to the property. "GRANTEE" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall more to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTOR and GRANTEE. f SIGNED this day of �J GRANTOR Pueblo Land, LLC, a Colorado ' ;red 'ability o any,• B �LL(b� m ., odore C. Knowl anager COUNTY OF-fEPFERS�N) �f ) as. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 'day o be =1 , by Theodore C. Knowles, Manager, Pueblo Land LLC, a Colorado Limited Liability Company pgNf)lg and official seal. P?a.A.N.A.f1R1 y p iiya ,�� dram ion expires: (D 11, JUt)U L)o- -o-p- � ��ISO�I.ht�kh�kA.Ur� 'oUB L,C Notary Public 1805419 RES 05/14/2009 01:40:57 PM Pa ge: 4 of 13 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III hW +Pf+il+�+'4��ri'IMI! I��'h�1�1��'IIF�4�iY.IN��,I III 146826 I1�111I1111I11111uebloctyc1III11111BASE lIlII4111�1 106 2000033:25f ChrlsC.Munoz Puebl Exhibit A An easement for the purpose of Public Utility, Salutary Sewer and Drainage located within a portion of the SW 114 of Section 16, Township 20 South, Range 64 West of the Sixth Principal Meridian, being more particularly described as follows: The south 40.00 feet of the west 70.00 feet of the said SW '/4, Section 16. EXCEPTING THEP -MOM: All that portion of University Village Subdivision Filing No. 2, a Special Area Plan filed for record March 6, 2001 at Reception No. 1372500 in the records of the Pueblo County Clerk and Recorder. 1905419 RCS 05/14/2009 01:40:57 PM Gag e,t t of z Cler de 1 eb f l . o 6 6 oun Ca ® s 1 4 N 14 1805419 RES 05/14/2009 01:40:57 PM s Page: 6 of 13 R 66.00 D 0.00 T 66.00 Gil ert Ortiz Clerk /Recorder, Pueblo County, Co IIII K KDIPAu 1P", Kiwi NIIJ¢CeWRIO 4014/1111 Exhibit i4 " A portion of SW %4 Section 16, Township 20 South, Range 64 West of the Sixth Principal Meridian. City of Pueblo, Pueblo County, Colorado. 20 x40' Public Utility, Sanitary Sewer and Drainage Easement 11 i" West Line of the SW 114 Section 76 ,� I Lot z 1 �6 LIJ 55 . I. J ti Block 2 University East Right of Woy Line j W Troy Avenue SCALE 1"— 100' V7loge Subdivision Filing No. 2 A Special Area Plan I I H University Village Q Subdivision Filing No, 2 L j Q A Special Area Plan Rea No. 1372500 it 20 South Line of the SW 114 j Section 16 40' J 20' x 40' PUBLIC UTILITY SANITARY SEWER _ '— — AND DRAINAGE EASEMENT Existing Right of Way Line Troy Avenue 25 C Il�f II III II�II� �IIII III�� I {I III ll 99- 327 -00 .Aa/!ty4m; CX, .4Od0ela#a6q ✓97G. 99327_ 70x40 .dwg /99242.crd/99327ebs,xyz (--of) Prot. ��iond Enginnn una Pro /ad"71 Irma S,,— Nte N Elizabeth — Puahle, CO 719- 3K —DSW — (6 1 4 N 14 1805419 RES 05/14/2009 01:40:57 PM s Page: 6 of 13 R 66.00 D 0.00 T 66.00 Gil ert Ortiz Clerk /Recorder, Pueblo County, Co IIII K KDIPAu 1P", Kiwi NIIJ¢CeWRIO 4014/1111 1 111111 11111 11111 11~1111 1111 111111 11111 111 11111 1111 IN 1 of 4 R 20.00 D 0.00 Pueblo Cty Clark i Rso EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this --- Z7 day of b r ,2001 by PUEBLO LAND, LLC, GRANTOR, to Pueblo, a Municipal Corpor tion, 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, a sidewalk easement and right of way for the purpose of sidewalk and public improvements, in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, described in the attached Exhibit "A" and "B" (the Property). 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 the GRANTOR for said purposes. The 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 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 -0f - -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and 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 ;L 7 day of Fakru a 4- 7 2001. 1805419 RES 05/14/2009 01:40:57 PM Page: 7 of 13 R 66.00 D 0.00 T 66.00 Gilbert Ortiz ClerklRecorder, Puebla County, Co 1111 h1 lKrOdl'I,INOMLlOXLRW�&10 Pth 11111 GRANTOR: Pueblo Land, LLC� U Theodore C. Knowles, Manager COUNTY OF ) ` STATE OF COLORADO ) 1 3725 1 3725 0 8 03/6/ 2 001 IIIII 2 001 IIII IIIIII IIIII III IIIII Hu 2of4R 2 0 0.00� S C PueblloClyClark & Roe The fo re instrument instrument was acknowledged before me this d�� Vp� , 2001 by Pueblo Land, LLC. p,RLIN �OL( n:C f . Y'N.� wlis, /u 4.� a fc, if /- �,: p )" '• i2 Witness my hand and official seal. t o \ C) a My commission expires: 1JA CalriwoEON t I . WAW pub 'Y O OF F OOH Notary Public [SEAL] 1805419 RES 05/14/2009 01:40:57 PM Page: 8 of 13 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III h1��Plril+ �l�' tl' 4Jh41 '�4LI¢xh��l�5'I��til�4'�IN��I ®IIII 1805419 RES 05/14/2009 01:40:57 PM Pag ert 9 0r o tiz l Cler R k/Recorde 0 ^, O Pueblo C Co ® 11 11 66 1 RtriPhiwr�' .IfQC�1t'Idl4'4 M4 11 111 EXHIBIT A SIDEWALK EASEMENT An easement located within a portion of W %2 of the SW '/. of Section 16; Township 20 South, Range 64 West of the 6 Principal Meridian, being more particularly described as follows: BEGINNING at a point on the south line of said Section 16, from which the SW comer of said Section 16 bears S 89 1 59'56 "W, a distance of 50.01 feet; thence N 01'06'50 "W a distance of 1041.70 feet; thence along an arc of a curve to the right having a central angle of 43'29'17" and a radius of 450.00 feet, a distance of 341.56 feet; thence N 42 °22'28 "E a distance of 417.90 feet; thence S 47 °37'32 "E a distance of 5.00 feet; thence S 42 0 22'28 "W a distance of 417.90 feet; thence along an arc of a curve to the left having a central angle of 43 °29' 17" and a radios of 445.00 feet, a distance of 337.76feet; thence S 01'06'50'T a distance of 619.98 feet: thence S 2 °23'22 "E a distance of 404.19; thence S 01 *06'50'T- a distance of 17.90 feet to a point on the south line said Section 16; thence S 89 °59'56 "W along said south line of Section 16 a distance of 14.00 feet to the POINT OF BEGINNING Said parcel contains 0,3 acres more or less. 4 - 1 PRO DSURVEYORNO.16128 &4d DATE 1312506 e3/09/2001 jeA7A EASE Chris C ' "un 3 of 4 R 20.00 11 0.00 Pueblo C!y Clorit 6 Roo Professional Engineers & Land Surveyors 1805419 RES 05/14/2009 01:40:57 PM Page: 10 of 13 R 65.00 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1III �.N'N�N�LI4'Ia CU1rD &SAC EASEMENT An easement located within a portion of W 'h of the SW 'b of Section 16; Township 20 South, Range 64 West of the 6 Principal Meridian, being more particularly described as follows: BEGINNING at a the most northeasterly corner of University Village Subdivision Filing No. 2, A Special Area Plan, according to the recorded plat thereof; thence N 47 °37'32 "W along the northern boundary line of said subdivision, a distance of 100.00 feet to a point on the westerly right -of -way of Troy Avenue; thence N 42 °22'28" E a distance of 94.00 feet; thence S 47 °37 "32 "E a distance of 100,00 feet, thence S 42 0 22'28 "W a distance of 94.00 feet to the POINT OF BEGINNING Said parcel contains 0.22 acres more or less. _17 —o 7F 111111111111111111111111111111111111111 III 1111111111111 1372608 03/06/2001 10:37A EASE Chris C. Munoz 4 of 4 R 20.00 D 0.00 Pueblo Cty Clark 8 Roe Professional Engineers & Land Surveyors 111111 IIIII IIIII illllll IIII 111111 IIIII III IIIII IIII IIII 1372907 03/06/2001 WiVA EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clerk R Roe EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this A7V�' day of 4 2001 by Pueblo Land, LLC, 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 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 will install storm water drainage pond and appurtenant facilities (the "Facilities ") in the Property in accordance with plans and specifications therefor approved by, and on file with GRANTEE, and, thereafter, GRANTOR shall maintain the Facilities in good working order under 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 the 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. "GRANTEE" shall include the plural and 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 ai /'t day of P�_ 2001. 1805419 RES 05/14/2009 01:40:57 PM Pa ge: 11 of 13 R 66.00 D 0.00 T 66.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 11111111111111111111111111111 111111 IIIII 111 IIIII IIII IIII 2 of 137258 000.00 Pueblo & GRANTOR: By I J/1 Al Pueblo Land, LLC At ' Theodore C. Knowles, Manager 0 COUNTY OF ) SS. STATE OF COLORADO ) The f re oing instrument was acknowledged before me this � day of , 2001 by Pueblo Land, LLC, Theodore C. Knowles, !vim Witness my hand and official seal. My commission expires: WCornnismnExgresI 2 Notary Public [SEAL] 1805419 RES 05/14/2009 01:40:57 PM page: liz ec de Clerk/Recorder, Gilbert 0rt Clerk /Rorr, Pu Cou Co ®III RfriP1� Y�'�4t� 1�1�l�tdlNrlL�h�h�4 �h41 MI l ®IIII 1111111111111111111111111111 1111111111111111 I I I I 3 of 3 R 35.00 D 0.00 Pueblo ety Clark 6 Roe EXHIBIT A Dra Easement An easement located within a portion of the SW '/4 of Section 16, Township 20S, Range 64W of the 6" Prinicipal meridian being more particularly described as follows: BEGINNING at a point on the south line of said SW ' / 4 from which the SW corner of said Section 16 bears S 89 °59'56 "W (bearings based on the west line of said SW '/4 of Section 16, monumented at the W '/4 corner of said section with a No. 5 rebar and monumented at said SW corner with an axle, assumed to bear N 01`06'50 "W) a distance of 50.01 feet, said point being on the easterly right -of -way line of said Troy Avenue as presently located; thence N 01 "W along said right -of -way a distance of 539.68 feet; thence southerly and easterly along the following five (5) courses; 1. S 22 "E a distance of 124.49 feet; 2. N 89 "E a distance of 80.54 feet; 3. S 60 "E a distance of 132.89 feet; 4. S 15 "E a distance of 246.26 feet; S. S 00 "E a distance of 120.15 feet to a point on said south line of the SW Y4 of Section 16; Thence S 89 along said south line a distance of 296.30 feet to the POINT OF BEGINNING. Said parcel 2.63 acres more or less e HR NO Professional Engineers & Land Surveyors ?, Z / of DATE 1805419 RES 05/14/2009 01:40:57 PM -- Page: 13 of 13 R 66.00 D 0.00 T 66,00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®III IhWiPl fA'A6fr':1WN 14ht&M P't+ICIWaIMJL 14 11111