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Home My WebLink About11669Reception 1815838 08/19/2009 RESOLUTION NO. 11669 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM LA VITTORIA, RLLLP, A COLORADO REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP WHEREAS, the owners of real property within La Vittoria subdivision have granted an easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way is necessary to install storm sewer drainage improvements. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way granted by La Vittoria, RLLLP, 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 sw for by the grantor. INTRODUCED: August 10, 2009 1 °f� /�'� P`� # BY: Randy Thurston COUNCILPERSON �l" .�"l ' `GGa r _ r ; i1 w, PRESIDENT OF CI COUNCIL ATTESTED BY. �► 1"v`�S��a L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M-6 DATE: AUGUST 10, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM LA VITTORIA, RLLLP, A COLORADO REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP ISSUE Should the City Council accept an easement and right of way from La Vittoria, RLLLP, a Colorado Registered Limited Liability Limited Partnership for the purpose of storm sewer drainage? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement and right of way is necessary to allow for the installation of drainage facilities within the La Vittoria subdivision. FINANCIAL IMPACT None. Reception 1815839 08/19/2009 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this ,2.�' day of 16 , 2009 , by La Vittoria, RLLLP, a C olorado Registered Limits ability Limited Partnership, Grantor, to Pueblo, a Municipal Corporation, Gra ee: 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 Storm Sewer Drainage , in, through, over, under and across Grantor's orooerty situated in Pueblo County, Colorado described in the attached Exhibit (s) "A, B, C & D" (the Property). Grantor shall install Drainage Features in the Property in accordance with plans and specifications therefore approved by, and on file_ with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and 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 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. DPW 110 12/03/98 "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 R • day of 2009 GRANTOR: Mike Roumph B C%� Managing Member of a Vittoria, RLLLP, a Registered Limited Liability Limited Partnership COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this 4- day of .Jilt- (/ , 2009 by Mike Roumph Managing Member of La Vittoria, RLLLP, Registered Limited Liability Limited Partnership Witne my hand and.official seal r� �P,.•V�}�' ion Expires: _. �oi3 O JA> Notary blic O �,0� 1815839 EASE 08/19/2009 03:05:21 PM Page: 2 of 7 R 36.00 D 0.00 T 36.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 K MWAAM 101 AN HM IOU 11411111 1815839 EASE 08/19/2009 03:05:21 PM Page: 3 of 7 R 36.00 0 0.00 T 36.00 Gilbert Ortiz Clerk /Recorder, Pueblo County Co ®III 6riAIMIIlkJAWN Ilk W WNW 1*1I40111111 EXHIBIT "A" Date: June 24, 2009 An easement located in the E 1/2 of the SW 1/4 of Section 13, Township 20 South, Range 65 West, of the 6'" Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Northeast corner of Lot 1, La Vittoria Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1806691, County of Pueblo, State of Colorado. Said point also being on the Southerly Right -of -Way line of State Highway No. 50 West, and the Point of Beginning. Thence the following courses: 1. SOl ° 20' 35 "E along the Easterly line of said Lot 1, La Vittoria Subdivision, a distance of 563.94 to the SE corner of the NE 1/4 of the SW 1/4, said point also being an angle point on the said Easterly line of said Lot 1, La Vittoria Subdivision. 2. SO1° 22' 07E along the Easterly line of said Lot 1, La Vittoria Subdivision, a distance of 152.89 feet. 3. 588 37' 53 "W, a distance of 69.91 feet. 4. N13° 45' 37E, a distance of 137.07 feet. 5. NO2° 30' 57W, a distance of 244.31 feet. 6. N16° 02' 57 "W, a distance of 144.59 feet. 7. S88 39' 25 "W, a distance of 54.05 feet. 8. NO]' 20' 35 "W, a distance of 41.52 feet. 9. N77° 42' 09 "W, a distance of 157.89 feet. 10. S59° 44' 17W, a distance of 78.64 feet. 11. NO1 ° 21' 15 "W, a distance of 24.51 feet to a point on the Northerly boundary line of said Lot 1, La Vittoria Subdivision, 12. N88° 38' 45 "E along said Northerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 3.02 feet. 13. N01 ° 21' 15 "W along the said Northerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 56.41 feet to the Southwest corner of Lot 1, Villager Inn Subdivision, as recorded in the office of the Pueblo County Clerk and Recorder at Reception No, 1475346, County of Pueblo, State of Colorado. 14. S84° 26' 09 "E, a distance of 269.13 feet. 15. N04° 30' 45 "E, to a point on said Southerly Right of Way line of State Highway No. 50 West said line also being the Northerly boundary line of said Lot 1, La Vittoria Subdivision, a distance of 120.28 feet. 16. S84 21' 48 "E, along said Southerly Right of Way line of said State Highway No. 50 West a distance of 70.22 feet, to the Point of Beginning. The above described easement contains 1.26 acres (55,000 sq. ft.), more or less. Basis of Bearings: Bearings are based on the East line of Lot 2, Villager Inn Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1475346, County of Pueblo, State of Colorado, from the North corner monumented with a PK nail and disk L.S. # 16128 to the South comer monumented with a 2 1/2" aluminum cap on a No. 6 rebar PLS No. 16128, which bears SO1° 20' 35 "E. Rodney A. Quillen, PLS 36061 Abel Engineering Professionals, Inc. 102 South Onieda St., Pueblo CO 81003 1815839 EASE 08/19/2009 03:05:21 PM Pa e: 4 of 7 R 36.00 D 0.00 T 36.00 Gipert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 M6MWrlCKIO+ G4 MI,MjMl4 J*�Mlj 11111 EXHIBIT 1 U� T� 0 ma a aflOy� m W � L au a'rrNrmN a imury oueeeM -I near aue Navax mewr>eoN LOT 3, BLOCK 1 CLUB MANOR SUBOMSION JRD FILING U.S. HIGHWAY NO. 50 WEST FRONTAGE ROAD e e.:,' / LOT 1 fecept�Un L4 SUBOMSIONR �1 No. 1475J48 x 4 i)Y JB' IS' E 16e.iZ' s CAOINT OF BEGINNING to• rawiwr sues a vamp Mom rM, ml N ee M' 15' E £ASfYe? I I I G nMY LY1.8 Ate. ll - a � Ifil � VIII II I LO- 1 W Reroptf ,4 NOV l f80889l ,, N 2 BLOCK 1 ICI U4 "OR I I I s aDr.zsiO" � 3RD y -{ - -�-ro' unm casektur I IF I I (BYPf 1]YO PA2` ll0 ■ I ace eaves seorrswvJ _ a n r L h SCALE. I' - 100' BLC. Co 81M3 I�P61 &t]'!5 7MMS3188 L l N E D A T A NO. BEARING DISTANCE L1 S 88' J9' 25' W 54.05' L2 N O1' 20' J5' W 41.52' LJ N 01' 21' 15' W 24.51' L4 N 88' J8' 45' E J.O2' 18 EASE 08/19/2009 03:05:21 PM Galbe rt6Or�tiz7Clerk /Recorder0.00blo 3600Yi Co YIII K 110P OAK In WMI W IM RE Wh 11111 EXHIBIT "C" Date: June 24, 2009 An easement located in the E 1/2 of the SW 1/4 of Section 13, Township 20 South, Range 65 West, of the 6' Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Southeast corner of Parcel No. 3, Club Manor Subdivision as recorded in the office of the Pueblo County Clerk and Recorder, June 20, 1972, in Book 1720 at Page 780, County of Pueblo, State of Colorado, Said point being the Point of Beginning. Thence the following courses: I . N88 06' 33 "E along the Westerly boundary line of Lot 1, La Vittoria Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1806691, County of Pueblo, State of Colorado, said line also being the South line of the NE 1/4 of the SW 1/4 of said Section 13, a distance of 307.00. 2. N01 ° 21' 15 "W along said Westerly boundary line of Lot I, La Vittoria Subdivision, a distance of 432.33 feet to a point on the Northerly boundary line of said Lot 1, La Vittoria Subdivision. 3. N88° 38' 45 "E along said Northerly boundary line of said Lot 1, La Vittoria Subdivision, a distance of 20.00 feet. 4. S01° 21' 15 "E and parallel to said Westerly boundary line of Lot 1, La Vittoria Subdivision, a distance of 452.14 feet. 5. S88e 06' 33 "W and parallel to said South line of the NE 1/4 of the SW 1/4 of Section 13, a distance of 326.81 feet. 6. NOV 53' 27 "W a distance of 20.00 feet to the Point of Beginning. The above described easement contains 0.35 acres (15,183 sq. ft.), more or less. Basis of Bearings: Bearings are based on the East line of Lot 2, Villager Inn Subdivision as recorded in the office of the Pueblo County Clerk and Recorder at Reception No. 1475346, County of Pueblo, State of Colorado, from the North corner monumented with a PK nail and disk L.S. # 16128 to the South corner monumented with a 2 1/2" aluminum cap on a No. 6 rebar PLS No. 16128, which bears S01° 20' 35 "E. Rodney A. Quillen, PLS 36061 Abel Engineering Professionals, Inc. 102 South Onieda St., Pueblo CO 81003 EiE U amS e N 1�+1 O Nf-+ m m �ma m mos� m m� y = orc `m W ¢�H W'D i mom° -r N EXHIBIT 'D" U,S S3' 27' W 20.00' H /Oyw,, NTAGE ROgD arzAVxw r wum cLa2,cvr –I – im2v aLe IaueaT s„romsal, J88 nz,3 LOT 3, BLOCK ' , OT . " ldv sumn7SlOf: ;7t,t 0ER SUBDl;iSlO,': 3RD f7LlN0 N BB" JB' IS' E 2J01' I 0 El4]Mi�Y. 9F M�' I I fAllV pA.B IIIK� P]YfF FASf1CYI 18011 IXW Ma•S1T SLBT'NSM( Sip IirN I I LOT 7 to :7, ^,ORL: SDaDI'.TSICN l y I I Recep:lo.^ No. 7606691 I PARCEL NO. 3 cj V SU80fi$101: �'Fv ^, "a 9"VOR SUaDMSION J N I 3RD FlUNO I� z " (Book 7:20, Pape 760) I m g q OI _ . � Q a –i–to' uixnr eaxvdi riw Ma iro am au3 Wu%e suaMlszu) ■■ • I9 ,o• xoTERN ionzR r – L° r j POINT OF I " I I III BEGINNING L ,o• umm EMTNdr, — X10' a ar oe Ja' • svt cExmAL mtwla1r a Un carwnenrav cuTUmvr (dLY( tR'U PNIE 108) ( B O U I5W HW fASEllelf (eoar 13w PAGE zn) N Br eT'T�• W �35�• L I N E DATA Ala BEARING 11TSTAACE SME. 7' - too' L 1 N 68' JB <5' f 20.00' LZ N Of JOB NO.: 2006381 LA VITTORIA RLLLP p{ 1028.ONEIW 81REEi ECTION: E OF THE SW OF gECTION 13 1 4�apl 'f TOWNSHIP: 20S i�f 1 byt t ALL 1� fl TEL 71 PU E BL O, TEL 114586298 46-2= RANGE: 85 MST CITY: PUEBLO W COUNTY: PUEBLO L FM n &N es1m N AME: EXHIBITS _ DATE:062403 S3' 27' W 20.00'