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Home My WebLink About11895 RESOLUTION NO. 11895 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM JOSEPH WOJDYLA, AN INDIVIDUAL WHEREAS, the owner of Lot 1, Block 1, Skyview subdivision has granted an easement for drainage improvements to the City of Pueblo; and WHEREAS, such easement is necessary to construct drainage improvements; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement granted, 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 City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this easement and right of way are to be paid for by the grantor. INTRODUCED May 24, 2010 BY Vera Ortegon /Councilperson APPROVED: Lawrence Atencio/President City Council ATTESTED BY: Gina Dutcher/City Clerk Background Paper for Proposed RESOLUTION DATE: MAY 24, 2010AGENDA ITEM # M-9 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT FROM JOSEPH WOJDYLA, AN INDIVIDUAL ISSUE Should the City Council accept a drainage easement from Joseph Wojdyla, an individual, for the purpose of drainage improvements? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement is necessary to allow for the construction of drainage improvements within a development in Skyview Subdivision. FINANCIAL IMPACT None. Reception # 1843353 06/04/2010 03:51:17 PM Reso. No. 11895 t l O r o tf z k?Rec PuebTo 00v co 1111 V P�? I i � GAL Wif,16,1W.10.111111 11111 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 267 day of Fe IV 1V61 r y , ZO l 0 , by .--'o. H WO d q , Grantor, to Pueblo, a Municipal Co oration, 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, an easement and right of way for the purpose of - bra,. na e , in, through, over, under and across Grantor's property situated in Pueblp)County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install e- brCtiyac j e m (Wflney► +S in the Property in accordance with plans aild specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any 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. DPW 110 12/03/98 "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. SIGNED this Z (0 day of j byuci,ry , I 0 GRANTOR: By: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this o -- day of feb/4-44 y , ZD/ v by - 1 -7 3 &eph W 03 (Ay ) c Witness my hand and official seal. ,,,.,,,, y Commission Expires: O9 ZN SO 1 , DRAINAGE EASEMENT A 20.00 foot wide drainage easement located within a portion of Lot 1, Block 1, Skyview, according to the recorded plat thereof, filed for record November 5, 1980 in Book 2049 at Page 905 in the records of the Pueblo County Clerk and Recorder, being within a portion of the N 1/2 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows: BEGINNING at a point on the northerly line of said Lot 1, said point also being on the centerline intersection of a 30.00 foot wide drainage easement as established on the said recorded plat of Skyview; thence along said northerly line, along the arc of a curve to the right whose center bears S 18 °28'02 "W (bearings based on the westerly line of Lot 1, Block 1, Skyview, according to the recorded plat thereof, filed for record November 5, 1980 in Book 2049 at Page 905 in the records of the Pueblo County Clerk and Recorder, monumented at the NW corner with a No. 4 rebar with yellow plastic cap P.L.S. No. 22101 and monumented at the SW corner with a No. 4 rebar with yellow plastic cap P.L.S. No. 12933, to bear S 04 °40'27 "E), having a central angle of 1 °35'30" and a radius of 360.00 feet, a distance of 10.00 feet; thence S 18 °28'02 "W, a distance of 20.67 feet; thence S 85 °19'29 "W, a distance of 147.34 feet; thence S 04 °40'27 "E, a distance of 236.84 feet to a point on the southerly line of said Lot 1; thence N 89 °59' 19 "W, along said southerly line, a distance of 20.07 feet to the SW corner of said Lot 1; thence N 04 °40'27 "W, along the westerly line of said Lot 1, a distance of 302.34 feet to the NW corner of said Lot 1; thence S 81 °43'46 "E, along said northerly line of Lot 1, a distance of 20.52 feet; thence S 04 °40'27 "E, a distance of 42.54 feet; thence N 85 °19'29 "E, a distance of 134.14 feet; thence N 18 °28'02 "E, a distance of 7.47 feet to a point on said northerly line of Lot 1; thence along said northerly line, along the arc of a curve to the right, whose center bears S 16 °52'31 "W, having a central angle of 1 °35'30" and a radius of 360.00 feet, a distance of 10.00 feet to the POINT OF BEGINNING. Said 20.00 foot wide drainage easement contains 0.21 acres, more or less. 3 - 3 - /0 RANI G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO. 22101 �� FOR AND ON BEHALF OF MANGINI REEVES, INC. .tt�t►��anss; l rfy '!1 e 221 .A57.4%., a - 2 e_ r131 AN SECTIO WITHIN PORTION I EASEMENT TOWNSHIP 20 SOUTH, RANGE 65 WEST OF TH SIXTH PRINCIPAL MERIDIAN. O PUEBLO COUNTY, 1/2 LOR4D0. NW CORNER LOT 1, BLOCK 1, SKri1EW FOUND NO. 4 REaw WITH YELLOW PLASTIC GPP.LS. NO. ??IOI R/OG E uR /I /E aTE 4 1 NW 17 r q t r to ".012r POINT F v 1,;-.Y.. . G 1 ' �O AY /, lr BEGINNING >= m ' 134 14 r / Win " E a m f it N 8 519 29 ,�, � a , a o i # y x d 4 i . t x ' � s� d f r ; ,o x ri /\ r r� P.; . , ,N U..J M ' t T `i a, '1 a : • , - :.t E � y X+,yz T, S J 1 4 l a I t, l /tttlh j v 4.1— Z € y � +� f . S t4 rY r y a ; ,.: .. . 147 ,`,.'"''';i,,, !n • G j s .. S 8519 2 W 14 7 . 34' s . n. _ 6 14 y1 m ;12 'aa.A 6 � v— 0ILW\ `," L,;:; j i k N. UW 1" ) 1 ti t m- Ohs I 1 m - .I < ` , t a 20' WIDE DRAINAGE EASEMENT i N Y m i CONTNNS 0.21* ACRES 1 1 61 IX w ...{ a N z - v., at , N 1 /2 1 1 WM�,� Mme g k ' ' SECTION 12 1' I in M W m I W f '' -. µµ I t ®'tom 1 Q 0 � — . I' x Z 1 ® A I 1 i 4 ;ry, n- j .:1: ; N I* 1 +� 1 G %ye ° W 1 �� N. 1 \ ' % \ . J .ks 1 � , l k —57 T O P ; t i " 1 I I [ 0 1 t VTf k 1 1 t 1 1 I 1 , t , 1 1 6 Q1 I • 1 t l'''‘`-":1''.' $°s 1 \ ■ -73 1 1 \ L am\ t ` . t., Y ■ \ \ \ s A \ I \ . SW CORNER LOT 1, BLOCK 1. YWEW t k . \ S'K 1 FOUND NO. 4 REBIR OWN YELLOW y i4 ■ PLA CAP P.LS. NR /29.TJ� & r \ - �SOU111ERLY GN£ LOT 1, BLOCK 1, SKYNEW \, LOT 1 BLOCK 2 THE LANDINGS AT EAGLERIDGE, A SPECIAL ARE PLAN LINE LE NGTH LI NE TABLE BEARING RADIAL LINE TABLE Ll 20.52 S81 S)4.40'27 RADIAL LINE BEARING L2 42.54 'E N18'28'02'E R1 S 18.28'02' V L3 7.47 L4 20.67 S18'28'02'V R2 S 16'52'31' V LS 20.07 1 N89'59'19'V CURVE TABLE N CURVE LENGTH RADIUS DELTA SCALE 1 40' C1 10.00 360.00 1•35'30' C2 10.00 360.00 1•35'30' Mamtriaillemosi, 9Ne, Professional 4718 N orth tob. Professional I, - P Lend swreyo sne Naa �.In St. - Pueblo. n �� 09 -140 DRAINAGE EA-SE EXB (718) s44-mes Fa. 1718) 844 - 0878