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HomeMy WebLinkAbout11679RESOLUTION NO. 11679 A RESOLUTION ACCEPTING AN EASEMENT FOR DRAINAGE AND PUBLIC UTILITIES FROM LOTS, LLC, A COLORADO LIMITED LIABILITY COMPANY WHEREAS, the owners of real property of Lot 1, Block 10, Eagleridge Estates, Filing No. 2 have granted an Easement for drainage and public utilities; and WHEREAS, such easement is necessary to allow for the drainage of stormwater and the installation of public utilities; and WHEREAS, such easement is necessary for the future development of this site, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement for drainage and public utilities granted, copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SFrTinN 9 The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The grantors of said easements are responsible for the cost of recording said easements. A77TSTFD SY: CITY CLERK INTRODUCED: August 24, 2009 BY: Judy Weaver } C � OUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -7 DATE: AUGUST 24, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING AN EASEMENT FOR DRAINAGE AND PUBLIC UTILITIES FROM LOTS, LLC, A COLORADO LIMITED LIABILITY COMPANY ISSUE Should the City Council accept an Easement for drainage and public utilities from LOTS, LLC, a Colorado Limited Liability Company for drainage and public utilities? Approval of this Resolution. BACKGROUND The Easement for drainage and public utilities is necessary for the further development of the site. FINANCIAL IMPACT None. Reception 1934591 02/20/2013 12:31:38 PM EASEMENT (City is Grantee) THIS EASEMENT, granted this 5th day of August , 2009 , by LOTS LLC, A Colorado Limited Liability Company_, 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, a 30' foot easement for the purpose of drainage and public utilities, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: A parcel of land being a portion of Lot 1, Block 10, Eagleridge Estates, Filing No. 2, according to the recorded plat thereof filed for record November 16, 2006 at Reception No. 1702445 and also being a portion of Outlook Center Condominium Map Amended according to the recorded plat filed for record August 4, 2008 at Reception No. 1777633 in the records of the Pueblo County Clerk and Recorder, located within a portion of the SE 1/4 of Section 11, Township 20 South, Range 65 West of the Sixth Principal Meridian being more particularly described as follows: COMMENCING at the NW corner of said Lot 1, said point also being on the southerly right -of -way line of Eagleridge Boulevard; thence southeasterly along the said southerly right -of -way line, along the arc of a non- tangent curve to the left, whose center bears N 55 °24'24" E (bearings based on the westerly line of Lot 1, Block 10, Eagleridge Estates, Filing No. 2, monumented at the NW corner with a No. 4 rebar with white plastic cap (broken - illegible) southerly to an angle point monumented with a No. 4 rebar with yellow plastic cap PLS No. 12933 to bear S 55 °22'38" W as established on the recorded plat thereof, filed for record November 16, 2006 at Reception No. 1702445) having a central angle of 14 °41'28" and a radius of 730.00 feet, a distance of 187.18 feet to the POINT OF BEGINNING; thence continuing southeasterly along said southerly right -of -way line, along the arc of a curve to the left having a central angle of 02°21'17" and a radius of 730.00 feet, a distance of 30.00 feet; thence S 39 °34'54" W a distance of 144.48 feet; thence S 54 °44'35" E a distance of 115.90 feet; thence S 62 °58'06" E a distance of 120.28 feet; thence S 70 °44'49" E a distance of 117.18 feet; thence S 75 °34' 16" E a distance of 135.30 feet to the beginning of a curve to the right having a central angle of 52 °55'25" and a radius of 102.00 feet, a distance of 94.22 feet; thence S 22 °38'51" E a distance of 161.72 feet; thence S 70 °16'32" E a distance of 65.30 feet to a point on the east line of said Lot 1, said point also being on the westerly right -of -way line of Outlook Boulevard; thence southwesterly along said westerly right -of -way line along the arc of a non - tangent curve to the left, whose center bears S 68 °47'35" E having a central angle of 02 °38'40" and a radius of 650.00 feet, a distance of 30.00 feet; thence N 70 °16'32" W a distance of 78.46 feet; thence N 22 °38'51" W a distance of 174.96 feet; thence along the arc of a curve to the left having a central angle of 52 °55'25" and a radius of 72.00 feet, a distance of 66.51 feet; thence N 75 °34' 16" W a distance of 136.57 feet; thence N 70 °44'49" W a distance of 120.49 feet; thence N 62 °58'06" W a distance of 124.48 feet; thence N 54 °44'35" W a distance of 128.36 feet; thence S 82 °27'51" W a distance of 54.36 feet; thence N 08 °14'55" E a distance of 31.18 feet; thence N 82 °27'51" E a distance of 45.87 feet; thence N 39 °34'54" E a distance of 154.75 feet to the POINT OF BEGINNING. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent 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 any building or any other structure upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. CA 12/30/08 1934591 EASE 02/20/2013 12:31:38 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co , rs 1111 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 (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this .5 day of 4, , 20 OY. Grantor: LOTS LLC By -�-� � - / ef£ . crailegos, Member COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 5th day of _ August , 20 09 by Jeffery S. Gallegos Witness my hand and official seal. My commission expires: 7n 'f .20/ ' [SEAL] Notary Public • r 4 . 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