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HomeMy WebLinkAbout11812RESOLUTION NO. 11812 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND WL ENTERPRISES LTD., A NEW MEXICO LIMITED PARTNERSHIP BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Easements between the City of Pueblo, a Municipal Corporation, and WL Enterprises, Ltd., A New Mexico Limited Partnership, 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 Resolution shall become effective upon final passage and approval. INTRODUCED: February 22, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: FtE510ENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -9 DATE: FEBRUARY 22, 2010 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND WL ENTERPRISES LTD., A NEW MEXICO LIMITED PARTNERSHIP ISSUE Should the City Council accept a sanitary sewer easement regarding Vacant Land described in the attached easement? RECOMMENDATION Approve this Resolution. BACKGROUND WL Enterprises, Ltd., A New Mexico Limited Partnership, is granting to the City of Pueblo a public utilities easement through vacant unplatted land, situated between Elizabeth Street and Interstate 25 with the current alignment of Dillon Drive to the north and described in its entirety in the attached easement, for the purpose of maintaining the sanitary sewer system and other utilities. FINANCIAL IMPACT None. Reception 1831135 01/25/2010 02:28:27 PM EASEMENT AND GHT OF WAY THIS EASEMENT, granted this day of j aV\-V 0t by WL ENTERPRISES, LTD., A NEW , Grantor, to PUEBLO, a Municipal Corpoxd%ibn, Grantee: MEMCO 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 in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as Vacant Land and described as follows: (the "Property") See attached Exhibit "A" and "B" TOGET14ER WITH the right to enter upon the Property for tlie purposes of construction, replacement, maintenance, control, and repair, and the rigbt 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. ®® � u � SIGNED this 2 Zw lday of �l VL � o f y GRANTO By: 4d:lRCJ PG1�G DE ROGER 9 ROWN, PRO]ECr MAMA ER COUNTY OF PUEBLO ) WL ENTERPRISES, LTD., ANEW MEXICO ) Ss. LMUTED PARTNERSHIP STATE OF COLORADO) (� The foregoing instrument was acknowledged before me this ) day of J�lfifl , a °I ° • by DEEROGERS- PROJ Witness my hand and official seal. My commission expires: U I C ® (SEAL) DPW 11I 02/06/02 EXHIBIT A An Easement for the purpose of Public Utility, located within a portion of the SW 1/4 of Section 1, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at the intersection of the southerly right -of -way line of Dillon Drive and the westerly right -of -way line of Colorado Interstate No. 25, from which the W 1/4 corner of said Section 1 bears N 86 °02'27 "W, (Bearings based on the west line of the SW 1/4 of Section 1, Township 20 South, Range 65 West of the Sixth Principal Meridian, monumented at the W 1/4 corner with a 1 1 /2" aluminum Tri -Co Cap P.L.S. No. 7168 and monumented at the SW corner with a 3" Brass Cap on a 2" iron pipe P.L.S. No. 9009, assumed to bear S 07 °03'42 "W), a distance of 1884.21 feet; thence along the westerly right -of -way line of Colorado Interstate No. 25, the following two (2) courses: ® 1) along the arc of a curve to the left whose center bears N 83 °14'08 "E and having a central angle of 6 °30'00" and a radius of 5830.00 feet, a distance of 661.40 feet; 2) S 13 °15'52 "E, a distance of 145.84 feet; thence S 76 °44'08 "W, a distance of 5.00 feet; thence N I8 °49'01 "W, a distance of 529.89 feet; thence N 06 °04'49 "W, a distance of 293.65 feet to a point on the said southerly right -of -way line of Dillon Drive; thence N 89 1 30'50 "E, along said southerly right -of -way line, a distance of 58.47 feet to the POINT OF BEGINNING. Said easement contains 0.82 acres, more or less. A. / 1-2-5- RANDI(G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO. 22101 ® 22101 y�'44ey,yyyN,W E 4E T O� U Qm C4 J� O N�U NH o N m1 m� m m mo9� N m 0 0 1 \m O NmY� Q� N w .' � N �o � • (PUBLIC UTILITY EASEMENT ) A PORT70N OF THE SW 1/4 OF SEC77ON 1, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDWN. PUEBLO COUNTY, COLORADO. DILLON DRIVE I W I/{ CORNER SECTION 1 r / ALS, M. �u I rnR -a1 caP P.LS M. ]rye POINT OF BEGINNING PU9UC t/IttI7Y EASEMENT NOR7H LAVE 9W 1/1 SECTION I I 90 RLY MGM -OF -WAY 1 4 , ' £ LINE U.4LON ORNE N 89'30'50 E 58.47' 2 of O i 1 yy 2 � 1 n 3 u 0 o ZD F , �n r Sw 114 SECTION I z 1 v/ i z � O STY CORNER SECTON f FDUNO 3` 99455 GIP 1' / McON M0. 009 PNE P.L.S. 9 0 —� 11 Y0)1I 12 £ � I w n w b (yS 7 A o te' i D � ..G i c f.P� vl w � A N &0 0 1Z � Lp +7a P No. pE�pO et j O5 5fN 0 i $ �o + � +1055 � Po 0 N SCALE 1 "— 100' 9 a Dgi.. P f. Pro(eseional Engmvn and Pmfasianal IaM Swwyo 09- 097- PUE -EXH ell! IbM O�Mn p. - PaEb. C'J Olv) aw-aes rv+ plv) sH-ane