HomeMy WebLinkAbout11670RESOLUTION NO. 11670
A RESOLUTION RELEASING A SANITARY SEWER EASEMENT, VIA
QUIT CLAIM DEED, TO FOOTHILLS FARM, RLLLP, A COLORADO
REGISTERED LIMITED LIABILITY LIMITED PARTNERSHIP
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached Quit Claim Deed between Pueblo, a Municipal Corporation, and Foothills
Farm, RLLLP, a Colorado Registered 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 Quit
Claim Deed 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 Quit Claim Deed in the
office of the Pueblo County Clerk and Recorder contemporaneously with the recording of the
subdivision plat for McKinney - Miller Subdivision.
SECTION 3.
The City Clerk is directed to cause said Quit Claim Deed to be recorded in the office of
the Pueblo County Clerk and Recorder forthwith. The recording fees for this Quit Claim Deed
are to be paid for by the grantees.
A77ESTED SY:
CITY CLERK
INTRODUCED: August 10, 2009
BY: Randy Thurston
} C � OUNCILPERSON
APPR t)' } �.
PRESIDENTof City Council
ON aim I ff. NO=
Background Paper for Proposed
Resolution
AGENDA ITEM # M-7
DATE: AUGUST 10, 2009
DEPARTMENT: PUBLIC WORKS
DIRECTOR — EARL WILKINSON, P.E.
TITLE
A RESOLUTION RELEASING A SANITARY SEWER EASEMENT, VIA QUIT CLAIM
DEED, TO FOOTHILLS FARM, RLLLP, A COLORADO REGISTERED LIMITED
LIABILITY LIMITED PARTNERSHIP
ISSUE
Should the City Council release a sanitary sewer easement, via Quit Claim Deed, to
Foothills Farm, RLLLP, A Colorado Registered Limited Liability Partnerhsip?
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
John C. Todd & Mary Hegstrom, Daryl L. Province & Mary P. Province, and Richard F.
Leach & Ann Leach, now known as Foothills Farm, RLLLP, a Colorado Limited Liability
Limited Partnership, granted the City of Pueblo, via Quit Claim Deed, a sanitary sewer
easement October 23, 2001, for a proposed sanitary sewer line. The proposed sanitary
sewer alignment has been changed and the City of Pueblo has been granted new
easements for the re- alignment. Therefore the original sanitary sewer easement is no
longer required.
(See attached exhibits for details)
FINANCIAL IMPACT
There is no financial impact to the City of Pueblo due to this action.
Reception 1816117
08/20/2009
QUIT CLAIM DEED
THIS DEED, Made this 10th day of August , 2009, between the
City of Pueblo, a Municipal Corporation (Grantor) and Foothills Farm, RLLLP, a Colorado Registered
Limited Liability Limited Partnership whose legal address is 4810 Quita Court of the City of Pueblo,
County of Pueblo, and State of Colorado (grantee):
WITNESSETH, That the Grantor for and in consideration of the sum of One Dollar and other good and
valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, sold .—
conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT
CLAIM unto the Grantee, their heirs, successors and assigns, forever, all the right, title,, interest, claim
and demand which the Grantor has in and to the real property, together with improvements, if any,
situate, lying and being in the County of Pueblo and State of Colorado, described in Exhibit "A" attached
hereto and incorporated herein.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the
grantee, its heirs, successors and assigns forever.
IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above.
Documentation Fee: None
Consideration Less than $500.00
STATE OF COLORADO )
) ss
COUNTY OF PUEBLO )
City of Pueblo, a Municipal Corporation
City
The foregoing instrument was acknowledged before me this � day of k i q cis /-
2009, by Vera Ortegon, as President of the City Council and Gina Dutcher as City Cle c of the City
of Pueblo, a Municipal Corporation.
Witness my han
My commission
1 . _ Public
I IIIIII IIII�IIIII� IIIIII�IIIII IIIVIII II�l 1151 �/28�//20? 02:07F
Exhibit A
A Sanitary Sewer Easement being a portion of the NW'/ Section 21, Township 20
South, Range 64 West of the Sixth Principal Meridian being more particularly described
as follows;
A sanitary sewer easement being 20.00 feet in width, 10.00 feet on each side of the
following described centerline;
BEGINNING at a point on the north line of said NW 1 /4, from which the NW comer of
said Section 21 bears S 89 °59'56 "W (bearings based on the west line of said SW
Section 16, monumented at the W 1 /4 comer of Section 16 with a found No. 5 rebar and at
the SW Comer of Section 16 with an axle is assumed to bear S 01 *06'50"E )a distance of
1260.67 feet; thence S 00 °00'00 "E a distance "of 263.240 feet; thence S 22 °20'42 "W .a
distance of 250.95 feet; thence S 50 °49'05 "W a distance of 400.00 feet; thence
S 15 0 19'59 "W a distance of 397.77 feet; thence S 24 1 3.1'37 "W a distance of 127.49 feet
more or less to the POINT OF TERMINUS on the north right of way line of State
Highway No. 47 from which the SW comer of said Section 16 bears N 29° 11'38" a
distance of 1429.18 feet.
Said parcel contains 0.66 acres more or less.
PROFESSIONAL LAND'SURVEYOR NO. 16128
161 24-1
DA 'E
1816117 QUIT 08/20/2009 10:37:08 AM
Pa 2 of 3 R 16.00 D 0.00 T 16.00
Gitbert Ortiz Clwk(Reoorder, Pueblo County, Co
Professional Engineers & Land .Surveyors
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EASEMENT ITO BE RELEASED
04- 000 -00 -160
FOOTHILLS FARM RLLLP
)UIT CLAIM DEED
REC. #1418321
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EASEMENT ITO BE RELEASED
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