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Home My WebLink About11644RESOLUTION NO. 11644 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM FOOTHILLS FARM, RLLLP, A COLORADO REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP WHEREAS, the owners of real property immediately adjacent to the easterly right -of -way line of Troy Avenue between Highway 47 and Alamosa Drive has granted an easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way is necessary to install public utilities and drainage improvements; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way granted, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this easement and right of way are to be paid for by the grantor. INTRODUCED: July 13, 2009 BY: Barbara Vidmar COUNCILPERSON a PPP 0'_ PRESI DENT-of CARY Cauneil Y CLERK µw� 6 _. ...... , 6 Background Paper for Proposed RESOLUTION AGENDA ITEM # 6 DATE: JULY 13, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR —EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM FOOTHILLS FARM, RLLLP, A COLORADO REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP ISSUE Should the City Council accept an easement and right of way from Foothills Farm, RLLLP, a Colorado Limited Liability Limited Partnership for the purpose of public utilities and drainage? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement and right of way is necessary to allow for the installation of public utilities and drainage improvements immediately adjacent to the easterly right -of -way line of Troy Avenue between Highway 47 and Alamosa Drive. FINANCIAL IMPACT None. Resolution 11644 1816118 EASE 08/20/2009 10:37:06 Page: 1 of 3 R 16.00 D 0.00 T 16 00 Gilbert Ortiz Clerk !Recorder, Pueblo County, Co EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 29 day of So ,Je , 2OO9 , by _Foothills Farm, RLLLP, a Colorado _, Grantor, to PUEBLO, a Municipal Corporation, Grantee: Registered Limited Liability Limited Partnership 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 and Drainaee in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Parcel No. 400000160 and described as follows: (the "Property") See attached Exhibit "A" and "B" 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 ' �ay of �U� Zoo Cl COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) GRANTOR / By:. ✓� atrick A. Leach, Managing Partner Foothills Farm, RLLLP, a Colorado Registered Limited Liability Limited Partnership The foregoing instrument was acknowledged before me this o 2 � day of, ( LL Ak by Patrick A. Leach, Managing Partner, Foothl is Farm, RLLLP, a Colorado Registered Limited Liability Limited Partnership Witness my hand and official seal. My commission expires: D b • IT 10 (SEAL) Public NpTAR) -o-o-o- DPW 111 02/06/02 EXHIBIT A A Public Utility and Drainage Easement being 32.50' wide located within a portion of that parcel of land as described in that Warranty Deed filed for record August 19, 2003 under Reception No. 1520398 in the records of the Pueblo County Clerk and Recorder, said parcel also being a portion of the NW 1/4 of the NW 1/4 of Section 21, Township 20 South, Range 64 West of the Principal Meridian, being more particularly described as follows: The westerly 32.50' feet of said parcel of land recorded under said Reception No. 1520398 in the records of the Pueblo County Clerk and Recorder, said easement is adjacent to and parallel with the easterly line of that parcel of land as described in that Deed filed for record June 28, 1977 in Book 1892 at Page 897 in the records of the Pueblo County Clerk and Recorder, said parcel also being known as Troy Avenue. Said parcel contains 0.45 acres more or less Randy . Re� PLS 22101 1816118 EASE 08/20/2009 10:37:08 AM 8g Galbert2Orrtiz Glerk1Reoorder0 Pueblo 1 Countty, Co mill wri1V NAWVV 11*kWIWI NR AMM'i 11111 A PUBLIC UTILITY AND DRAINAGE EASEMENT LOCATED WITHIN A PORTION OF THE NW 1/4 OF THE NW 1/4 OF SECTION 21, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDAIN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO. wRIIC � W INC LOT 1 60'160' 110' G J � LOT 2 r M 4*• FOOTHILLS FARM RLLLP RECEPTION NO. 1520398 PUBLIC UTILITY AND DRAINAGE EASEMENT Z 1" -- 100' mmn� J Nm 4 aJ�p� So: 0m Via® WaAT40 s 0fW0 f YAAM Professional Engineers and Professional Land Surveyors 4718 N. 01mbelh SL SuRe A — Pueblo, 00 (719 -814 -0965) ti EXHIBIT B ° J LOT 2 EAST LINE OF TROY AVE BOOK 1892 PAGE 897 �/O.SA wRIIC � W INC LOT 1 60'160' 110' G J � LOT 2 r M 4*• FOOTHILLS FARM RLLLP RECEPTION NO. 1520398 PUBLIC UTILITY AND DRAINAGE EASEMENT Z 1" -- 100' mmn� J Nm 4 aJ�p� So: 0m Via® WaAT40 s 0fW0 f YAAM Professional Engineers and Professional Land Surveyors 4718 N. 01mbelh SL SuRe A — Pueblo, 00 (719 -814 -0965)