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HomeMy WebLinkAbout11876RESOLUTION NO. 11876 A RESOLUTION ACCEPTING EASEMENTS FROM THE BOARD OF EDUCATION SCHOOL DISTRICT 60 FOR UNDERGROUND UTILITIES AND STORMWATER CONVEYANCE FOR FIRE STATION #9 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The Easements from the Board of Education, School District 60, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SFrTinN 9 The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: May 10, 2010 BY: Chris Kaufman COUNCILPERSON APPROVED: RESIDENT CF CITY CC) LINCIL ■ !r!k a i Background Paper for Proposed Resolution DATE: MAY 10, 2010 DEPARTMENT: PUBLIC WORKS DIRECTOR -EARL WILKINSON, P.E., TITLE AGENDA ITEM # M -5 A RESOLUTION ACCEPTING EASEMENTS FROM THE BOARD OF EDUCATION SCHOOL DISTRICT 60 FOR UNDERGROUND UTILITIES AND STORMWATER CONVEYANCE FOR FIRE STATION #9 ISSUE Should the City Council accept easements from the Board of Education, Pueblo School District 60 for the purpose of construction, maintenance, control and repair of network cable, underground utilities and stormwater drainage that are located within the property of Roncalli Middle School? RECOMMENDATION Approval of this Resolution BACKGROUND The construction of Pueblo Fire Station No. 9 will require the installation of network cable and underground utilities which need to cross grantor's property in order to connect to existing utilities within the right of way of State Highway 78. In addition, the construction of said Fire Station No. 9 will require the conveyance of storm water across said grantor's property to connect to an existing drainage facility within the right of way of State Highway 78. FINANCIAL IMPACT There is no financial impact to the City associated with the acceptance of these easements. Reception 1841420 05/14/2010 02:23:35 PM EASEMENT THIS EASEMENT, granted this %;lt ,C day of 2010, by Board of Education, School District 60, Pueblo, Colorado, a school district organize ad existing under the laws of the State of Colorado, 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 fifteen foot wide easement for the purpose of installation of communications network cable and underground utilities, in, through, over, under and across Grantor's property situate in Pueblo County, Colorado, commonly known as Roncalli Middle School located at 4202 State Highway 78 and described as follows: SEE ATTACHED EXHIBIT A ;provided, however, thatthis easement is expressly conditioned that all communications network cable and underground utilities installed upon the property shall be placed not less than 24" below finished grade. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and repair of said network cable and underground utilities, and together with the right to use so much of the adjoining property of Grantor as is necessary during construction, maintenance and repair of same. Grantee shall repair any and all damage caused to GRANTOR's adjoining property by GRANTEE'S use thereof. 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. If, at any time, Grantor's desired use of its property requires relocation of the easement granted herein, or of the Grantee's facilities located within the easement, then in either such event, Grantor and Grantee shall cooperate in the realignment or relocation of the easement and facilities; provided that, in any event, Grantor hereby reserves the right to relocate the easement and /or facilities by bearing the entire cost of such relocation or realignment. "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 successors and assigns of the Grantor and Grantee. SIGNED this ,a7;eh day of 44 2010. if Gran : BOARD OF EDU TION, SCHOOL DISTRICT 6Q UEBLO, OLORADO Attes Secretary By Preside COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) instrument w/�s acknowledged before me this 2 7� � day of , 2010 I,rjoi / a04144 f /ol e nJ of GRANTOR. I and official seal. expires: /0) L] > by CA 12/30/08 LEGAL DESCRIPTION A parcel of land located in the S 'h of Section 9, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering the line between the monument found at the intersection of Chautard Drive and Surfwood Lane and the monument found westerly therefrom at the point of curvature of Surfwood Lane to bear N 88 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of- way that was established in Starlite Hills 5th Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 1, Pueblo Fire Station No. 9 Subdivision according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder, said point also being on the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing: thence, N 0 05'29" W a distance of 287.00 feet to a point said point being the north corner of the east line of said Pueblo Fire Station No. 9 Subdivision, thence N 40 54' 58" W a distance of 39.77 feet, to a point being the east end of the north line of said Pueblo Fire Station No. 9 Subdivision, thence N 89 52' 59" W a distance of 85.53 feet, said point being the Point of Beginning; thence N 52 04' 54" E a distance of 43.56 feet, thence N 37 55' 06" W a distance of 404.00 feet more or less to the south right of way line of State Highway 78, thence S 52 10' 31" W along the south right of way of State Highway 78, a distance of 15.00 feet, thence S 37 55' 06" E a distance of 389.03 feet, thence S 52 04' 54" W a distance of 47.74 feet to a point on the north line of Pueblo Fire Station No. 9 Subdivision, thence S 89 52' 59" E a distance of 24.34 feet, to the Point of Beginning. I, Riley Monroe Bryan, 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. ' 3 2q /l o Riley MR4e Bryan PLS No. 31925 Date " \\M11 , p O RE G,q M a /�� d o, 31925 LAW A � Utility Easement offsite FS 9 EXHIBIT A e x 5� S52 10' ASPHALT PARKING LOT N37° 55' 06 "W GRASS 404. 4 „ SPORT TRACK 54 "W 47.74 S89` 59 "E� 24.34 P.O.B. N89° 52' 59 "W 85.53 NO 05'29"W 287.00 Lot 1 Block I PUEBLO PIPE STATION NO. 9 5UBDI I sON SOUTH LIN OF BASIS OF BEARINGS N 88° 55' 29" W SCALE 1'= 100' RONCALLI MIDDLE SCHOOL GRASS N38' 47' 16 "W 52.11 UTILITY EASEMENT FS 9 Ii OF BUREAU OF PUBLC WORKS ENGINEERING DySION ao CO- ., Reception 1841421 05/14/2010 02:23:35 PM EASEMENT THIS EASEMENT, granted this .974& day of � a, 2010, by Board of Education, School District 60, Pueblo, Colorado, a school district organizedfnd existing under the laws of the State of Colorado, 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 ten foot wide easement for the purpose of stormwater drainage, in, through, over, under and across Grantor's property situate in Pueblo County, Colorado, commonly known as Roncalli Middle School located at 4202 State Highway 78 and described as follows: SEE ATTACHED EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair of such stormwater facilities, and together with the right to use so much of the adjoining property of Grantor as is necessary during construction, maintenance and repair of same. Grantee shall repair any and all damage caused to GRANTOR's adjoining property by GRANTEE's use thereof. 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 ofthe easement for its intended purpose. If, at any time, Grantor's desired use of its property requires relocation of the easement granted herein, or of the Grantee's facilities located within the easement, then in either such event, Grantor and Grantee shall cooperate in the realignment or relocation of the easement and facilities; provided that, in any event, Grantor hereby reserves the right to relocate the easement and/or facilities by bearing the entire cost of such relocation or realignment. "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 successors and assigns of the Grantor and Grantee. SIGNED this a,7� day of 1 2010. Grat _ Nor: OFE D (,ATION, SCHOOL DISTRICT 6 PUEBL , OLORADo Attest: )hP�L+�N� fi Secretary y Presi t COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowled a before me this �/ ' day of , 2010 by ` hn n i F Ja �sio as the f pr, Nof Grantor. Witness my hand and official seal. mmission expires: /0// J gLIC � STATE CA 12/30/08 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the S % of Section 9, Township 21 South, Range 65 West of the 6' P.M. in the County of Pueblo and State of Colorado, being 10 feet in width, 5 feet on each side of the following described centerline: Considering the line between the monument found at the intersection of Chautard Drive and Surfwood Lane and the monument found westerly at the point of curvature of Surfwood Lane to bear N 88 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of -way that was established in Starlite Hills 5 Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast comer of Block 1, Pueblo Fire Station No. 9 Subdivision according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder, said point also being the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing: thence, N 0 5'29" W a distance of 287.00' to a point said point being the north corner of the east line of said Pueblo Fire Station No. 9 Subdivision, thence N 40 54' 58" W a distance of 10.01 feet to the Point of Beginning; thence N 52 06' 53" E a distance of 40.14 feet, thence S 37 00' 44" E a distance of 50.19 feet, thence along an arc of a curve to the left whose center bears N 54 36' 06" E having a central angle of 93 43' 51" , a radius of 28.51 feet, and a distance of 46.63 feet, thence N 52 14' 48" E a distance of 48.62 feet, thence S 33 45' 45" E a distance of 17.27 feet, thence along an arc of a curve to the right whose center bears S 39 23' 29" E having a central angle of 28 17' 23" , a radius of 89.40 feet and a distance of 44.14 feet, thence N 81 46' 03" E a distance of 105.95 feet, thence along an are of a curve to the left whose center bears N 8 49' 30" W having a central angle of 23 51' 24 ", a radius of 93.94 feet, and a distance of 39.11 feet, thence N 52'21' 58" E a distance of 112.79 feet, thence along an are of a curve to the right whose center bears S 34 11' 24" E having a central angle of 67 11' 41 ", a radius of 92.03 feet, and a distance of 107.93 feet, thence N 30 36' 51" E a distance of 18.73 feet, thence N 18 26' 16" E a distance of 25.52 feet, thence along an arc of a curve to the left whose center bears N 66 22' 19" W having a central angle of 61 31' 50 ", a radius of 69.30 feet, and a distance of 74.42 feet, thence N 45 07' 38" E a distance of 27.57 feet, thence N 14 20' 10" E a distance of 101.41 feet, thence N 1 14' 09" E a distance of 29.84 feet, thence N 18 51' 00" E a distance of 31.37 feet, thence N 00 03' 05" E a distance of 672.15 feet more or less to a point on the south right -of -way line of State Highway 78 as presently located said point also being the Point of Terminus. I, Riley Monroe Bryan, 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. �� / Riley Mo e Bryan PLS No. 3192V Date LOA, '�° y\��� D.E. Offsite FS 9 EXHIBIT "A" MAN Z 7 � 4 City o / Pueblo, Bureau of Publk Works 3 -18 -2010 SCALE 1 "= 150' ZZ s V; .RA. NO' 03' 27 8° 51' 00" 3.7 N 1 ° 14' 09 "E — 29.&4 114 20' 10 "E Asarw * >ua"xG wt GMw .PT ,RA« Cm N52 06' 53 40. P.O.B. N40° 54'58"W _ 10.01 NO° 05' 29 "W _ Lot 287.00 PUEBLO FIRE Block 1 STATION NO. SUBDIVISON N 88° 55'29" W MIDDLE SCHOOL Z GMS 50.19 " ° 45 G 27 L =10 z \\ 12.79 - s �. �- N81° 46' OWE L= 39.11, �k 105.95 4= 23 °51' L= 44.14, R =89.40 A =28 °17'23" N52 14'48 "E 3 8 48.62 G"ASG L= 46.63, R =28.51 A =93 °43'51" N38° 47'16"W N�. 0° 36' 51 "E 1 .73 Q CITY — N cF BJ E4GI r N O DIN W REAV O F NO LJC ORFS W N I COLORADO . ..