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Home My WebLink About11746RESOLUTION NO. 11746 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND VILLAS AT PARK WEST 11, LLC BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Easement between the City of Pueblo, a Municipal Corporation, and Villas at Park West 11, LLC, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. The City Clerk is directed to cause the easement to be recorded in the office of the Pueblo County Clerk and Recorder. SECTION 2. The Resolution shall become effective upon final passage and approval INTRODUCED: November 9, 2009 F-W Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTof Cfty Council A77ESTED DY: CITY CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -11 DATE: November 9, 2009 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND VILLAS AT PARK WEST II, LLC ISSUE Should the City Council accept a sanitary sewer easement regarding Lot 2, Block 1, Park West Business Campus, Filing No. 5? Approval of this Resolution. BACKGROUND Villas at Park West II, LLC, is granting to the City of Pueblo a 20 -foot wide sanitary sewer easement through lot 2, block 1, Park West Business Campus, Filing No. 5 for the purpose of maintaining a sanitary sewer main. FINANCIAL IMPACT None. Reso. 11746 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this o2 sF day of &nobev , ZOO'? by Villas at Park West II, LLC, , Grantor, to PUEBLO, a Municipal Corporation, Grantee: a Colorado limited liability company 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 Sanitary Sewer Improvements in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Lot 2, Block 1, Park West and described as follows: (the ® " Property ") Business Campus, Filing No. 5 EFE See attached Exhibit "A" "� TOGETHER WITH the right to enter upon the Property for the purposes of construction, no 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 m� o not inconsistent with the right and privilege above granted and which will not interfere with or endanger 0 : any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in m _� no event include the right to locate or erect or cause to be located or erected on the Property any building m oo or any other structure or manufactured or mobile home or trailer unit. Nm 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 w Z; - Ja peaceful possession of the Property and easement and right -of -way against all persons who may lawfully ww ". claim title to the property. °y a 0 i I.. m "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 a " of the Grantor and Grantee. SIGNED this � IS f day of ce, :&k&L GRANTO /�' /J By: C Vi las at Park West II, LLC, a Colorado limited liability COUNTY OF PUEBLO company, By: Outlook Development, LLC, a Colorado limited liability company, As: Manager, By: Thomas C. Cone, Manager ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this -Iw day of I)G ) te/L by Villas at Park West II, LLC, a Colorado limited liability company, By: Outlook Development, LLC, a Colorado limited liability company, Witness my hand and official seal. As: Manager, By: Thomas C. Cone, Manager My commission expires: 552/ c :ZO& (SEAL) I V " / Notary Public 1.2& U&46A.i, WV� Ave. DPW 111 Pdi5610, CD 8/6 4 / 02/06/02 1824559 EASE 11/13/2009 03:40:21 PM Page: 2 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo Country Co EXHIBIT A SANITARY SEWER EASEMENT LAND DESCRIPTION A non - exclusive easement for Sanitary Sewer purposes located in a portion of Park West Business Campus, Filing No. 5 and in a part of the NE '/4 of the NW '/4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado, being 20 feet in width, 10 feet each side of the following described centerlines: Considering the North line of the NE' /4 of the NW t /4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M. to bear N. 88 °44'03" E. and all bearings contained herein being relative thereto. Commencing at the Easterly corner of Lot 2, Block 1 in Park West Business Campus, Filing No. 5 according to the recorded plat thereof as filed for record at Reception No. 1768305 said point also being at the intersection of the Westerly right -of -way line of Spaulding Avenue and the Northerly right -of -way line of 31 Street (formerly 29 Street) as presently located in said Park West Business Campus, Filing No. 5; thence S. 50 °04'08" W., along the Northerly right -of -way line of said 31 Street, a distance of 178.04 feet; thence continuing along the Northerly right -of- way line of said 31 Street along the arc of a curve to the right whose radius is 460.00 feet, a distance of 6.96 feet to the Point of Beginning of the following described easement: EASEMENT WEST N. 39 °03'49" W., a distance of 59.40; thence Westerly along the arc of a curve to the right whose radius is 400.50 feet and whose center bears N. 39 °03'49" W., a distance of 198.22 feet; thence continuing Westerly along the arc of a curve to the right whose radius is 106.00 feet, a distance of 70.73 feet; thence N. 62 1 28'22" W., a distance of 120.24 feet to the Point of Terminus of Easement West. EASEMENT EAST Beginning at a point along a curve to the left whose radius is 126.03 feet and whose center bears N. 39 °03'49" W., a distance of 101.01 feet; thence N. 04 °34'06" E., a distance of 51.55 feet; thence N. 39 °55'52" W., a distance of 288.78 feet; thence Northwesterly along the are of a curve to the left whose radius is 406.00 feet, a distance of 61.48 feet; thence N. 48 °36'28" W., a distance of Page 1 of 3 46.78 feet; thence S. 61 °19'33" W., a distance of 90.51 feet; thence Southwesterly along the are of a curve to the left whose radius is 200.00 feet, a distance of 97.72 feet; thence S. 33 °19'49" W., a distance of 47.77 feet to the Point of Terminus of Easement East. 1, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. &J /v . David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Ini August 13, 2009 JN 99 045 24 1824559 EASE 11/13/2009 03:40:21 PM Page: 3 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz Clark/Recorder, Pueblo County, Co ®III I 'iP&'� I�e� l'�U HLG44M Ih4tl+�� Page 2 of 3 {I / I/ K !� I__ L_I I _/ I ♦ A (L= 70.73 E —+ — D l / I' l lh�l h�l \Y� / -I I_� � ♦` l h�l- I- I ♦I / � B ♦ I L_I I\ I I__ I♦ I__ I I -- - I I I ♦_ I/♦ /--' -- ' Y NORTHSI'AR ENGINEERING AND SURVEYING, INC. MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. O /l" P.D.C. I.ECENB O N - qRJ+ FOUND NO. 5 REBAR WITH 3 114" ALUMINUM CAP (L.S. 12933) - - - - 44D - 84' - - - 6� �4.� ....1300.76' ....... - ... • ... " l 'N88 44 03 N E....... BA F BEARINGS 56179;33 'W . \ Am 90.51' R 00' jj D= 273944' _ ♦ _ I - - L= 97.72' m. w 46.78' `7 \ 53379'49 "W � R= 906.00' ))) G� D= OB'40'36 �� I / I__ L_I /_/ I ♦ I__ 9777' L= 67.48' \ X , �\ _ m � A �. ♦C f ' EASEMENT < EAST u s P �♦ 0 \ �� m3 P o R N39'5552 £ N's 28878' - _ � �♦ �f \ {I / I/ K !� I__ L_I I _/ I ♦ A (L= 70.73 E —+ — D l / I' l lh�l h�l \Y� / -I I_� � ♦` l h�l- I- I ♦I / � B ♦ I L_I I\ I I__ I♦ I__ I I -- - I I I ♦_ I/♦ /--' -- ' Y NORTHSI'AR ENGINEERING AND SURVEYING, INC. MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. O /l" P.D.C. I.ECENB O N - qRJ+ FOUND NO. 5 REBAR WITH 3 114" ALUMINUM CAP (L.S. 12933) FOUND 2" STEEL PIPE WITH 3 114" BRASS CAP (L.S. 12933) ��AI POINT OF BEGINNING P. 0. C. POINT OF COMMENCEMENT a �0 Am % ' o m. w �np - N � m _ m Pam 0 �� m3 P o R aE E s P {I / I/ K !� I__ L_I I _/ I ♦ A (L= 70.73 E —+ — D l / I' l lh�l h�l \Y� / -I I_� � ♦` l h�l- I- I ♦I / � B ♦ I L_I I\ I I__ I♦ I__ I I -- - I I I ♦_ I/♦ /--' -- ' Y NORTHSI'AR ENGINEERING AND SURVEYING, INC. MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LEGAL DESCRIPTION. O /l" P.D.C. (R) RADIAL BASIS OF BEARINGS NORTH LINE OF THE NE1 OF THE NW1 OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH P.M., BEARS N88 E A DISTANCE OF 1300.76'. I.ECENB ® FOUND NO. 5 REBAR WITH 3 114" ALUMINUM CAP (L.S. 12933) FOUND 2" STEEL PIPE WITH 3 114" BRASS CAP (L.S. 12933) P.O.B. POINT OF BEGINNING P. 0. C. POINT OF COMMENCEMENT (R) RADIAL BASIS OF BEARINGS NORTH LINE OF THE NE1 OF THE NW1 OF SECTION 22, TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH P.M., BEARS N88 E A DISTANCE OF 1300.76'.