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Home My WebLink About12265 C Z' 1901882 RES 03/16/2012 10:26:33 AM Page: 1 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 11 111 RESOLUTION NO. 12265 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT -OF -WAY FOR SIDEWALK EASEMENTS TO CHH, LLC, A COLORADO LIMITED LIABILITY COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easements between Pueblo, a Municipal Corporation, and CHH, LLC, a Colorado limited liability company having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The president of the City Council is hereby authorized and directed to execute such Release on behalf of the City of Pueblo. The City Clerk is directed to attest same and affix the seal of the City thereto and record the executed and acknowledged Release in the office of the Pueblo County Clerk and Recorder immediately prior to the recording of the subdivision plat for Park West Business Campus, Filing No. 7. SECTION 3. This Resolution shall become effective upon final passage and approval. INTRODUCED: November 14, 2011 BY Chris Kaufman / COUNCILPERSON E a r APPROVED: PRESID N F CITY COUNCIL ATTESTED BY: i .:%416.. CITY CLERK 1901882 RES 03/16/2012 10:26:33 AM Page: 2 of 1 R 56 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ii i P I AI r 5 6. ,I 11 11111 • RELEASE OF EASEMENTS This release of easements is made on t o ,E Z lk 2.011 , -241-2; by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to CHH, LLC, a Colorado limited liability company. WHERAS, CHH, LLC, a Colorado limited liability company is the Grantor and the City is the Grantee of certain easements for sidewalk described in attached Exhibit "A" and Exhibit "B "; and WHEREAS, CHH, LLC, a Colorado limited liability company has dedicated to the City of Pueblo right -of -way for such purposes on the approved subdivision plat of Park West Business Campus, Filing No. 7; and WHERAS, CHH, LLC, a Colorado limited liability company and MWSH PUEBLO, LLC, an Oregon limited liability company, are the developers and property owners for the property known as Park West Business Campus, Filing No. 7; and WHEREAS, if CHH, LLC, a Colorado limited liability company and MWSH PUEBLO, LLC, an Oregon limited liability company fails to record the approved subdivision plat of Park West Business Campus, Filing No. 7 on or before December 31, 2012, this Release of Easements shall become null and void. NOW THEREFORE in consideration of CHH, LLC, a Colorado limited liability company and MWSH PUEBLO, LLC, an Oregon limited liability company granting a certain right -of -way to the City of Pueblo on the approved subdivision plat of Park West Business Campus, Filing No. 7, the City hereby releases the easements described in attached Exhibit "A" and Exhibit "B ". 4 LQ. o Pueblo, a Municipal Corporation k 0 „ ,.,, `I + By: ,, President o the ity Council ATTEST: ; . .- - _�.,,., • • • 411111lik‘ ',,0 IMIr o n e Cit k lerk -c , cm .r.A ,,! STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) A' p The foregoing instrument was acknowledged before me on Nc\kraer 1'4- , 201i, by ler , Ajt4; �e - - as President of City Council, and Gina Dutcher as City Clerk. 0V %hand and official seal. � � w �' / 1 y d ' expires: 8 / 7/ 5- : PUBUG r d u - t •. ' y ry Public _ i EXHIBIT A EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this / 6 day of P;� 40./Ael,/ , �q /0 , by CHH. LLC. a Colorado limited liability company , Grantor, to Pueblo, ‘Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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 JedestriajServices , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install __,Sidewalk in the Property in accordance with plans and 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 Clrantee'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 peaceftrl possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. • 1x8ag3344�170 . EASE 02/25/2010 01.12:33 P11 81{ Re r µ d e ® flag, Count!, Co 1 DPW 110 R �I �il� W'i M I ►Ii ( R w R I 111 12/03/98 1901882 RES 03/16/2012 10:26:33 AM P 3 of 10 R 56.00 D 0.00 T 56.00 M Gi Ortiz Cler /Reco Pueblo C ounty , Co iii P i i #� d ° r 1 II 1 • "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 /G day of P.eb etJC/1 ex70/ 4 . CHH. LLC. a Colorado limited liability company GRANTOR By: Outlook Development. LLC, a Colorado limited liability company As: Manager By: .srr3 Th mas' Manager COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this M 7 ' day of n reitatho4 021.7,60 b Thomas C. Cone. as Manager of Outlook co HH LL limited liability company _ Witness my hand and official seal. My Commission Expires: c� (SEAL) 4A j/ Notary Public t I C 1/oalf" NOTARY * PM r6k cc) pop y OF klircommission expire:5.212O11 pp� 10334 � 1 � 70 EASE 02/28/2010 01 PM 611bert 0 tls Cle oo IRerderg P � uee T io County, C o 2 1901882 RES 03/16/2012 10:26:33 AM Pa 4 of R 56.00 D 0.00 T 56.00 Gilbert Orti 211 erk /Reoorder, Pueblo County, Co �� yP I MI O Iffirt I 4/0111 1111 1901882 RES 03/16/2012 10:26:33 AM P 5 of 10 R 56 D 0.00 T 5 6.00 Giibert Ortiz Clerk /Recorder, Pueblo County, Co 111 lei P I 11111 1834178 EASE 02/26/2010 01:12 :33 PM Pap� : 3 of R 2i.6O 0 000 21.00 Gilb.rt Ortis 4 Clerk /Re , Puebl o County, C. B+ IRi.1 VIII 141/ 1 111 E I'1' A PEDESTRIAN EASMENT LAND DESCRIPTION An easement for Pedestrian purposes located in a portion of Park West Business Campus, Filing No. 6 in the County of Pueblo and State of Colorado, being more particularly described as follows: The Easterly 5 feet of Lot 2, Block 1 in Park West Business Campus Filing No. 6 according to the recorded plat thereof as filed for record in the Pueblo County records. I, 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. 4 41(16'47 - , Da M. Stravia O ` '`• Colorado P.L.S. 12933 '�' NorthStar Engineering and Surveying, Inc. • (IA 1 " December 21, 2009 / �) 2� •�}Q JN 99 045 26 Q� f; OF Cad Page 1 of 2 • ._ ..., EXH0517 A 1 ( 1 5CALE: 1" = 100' - 50' 100' 200' - -- - * ■ -- -- , _ Will: 1 i '.11A 1 1 1 BLOCK 1 ISCEND 0 kl FOUNO 0NULIENT 80X WTI 3" BRASS CAP IN opivarnr N.0.A.A.) L , A I-. l I' -- - - - ---- ■\ 1 ' 4/ /- s 1 1 \ I IfiNJ, _ ■ / 17i 1 ....... r i., 1 , " t , .. , .. 1 ? ; : c% i A i i- `-‘ ` % :, 1 ‘ I lei l':= ; c' s :„>_ _,..... . •_ . , , v __ , .., ...., h ._ r 1 j # I l .., . _, ... .,.. tal i,; 3 T 41 r; f .!.. 6... 4.6 '....1 . 1 -4. E il 1 ,- - , • -r 4 ir ..: 0, t I-1 e- a: / - / 1 / 1%1, -, , , s_ _ J. o v ....; ,1■11 1 4 . 111..11 r -, v _ , 1 :4 1 vt C:3 b' PEDESTRIAN EASEIALNY -- :; 1 LI 1 1... ■ 11 . :.--? I::: r P [--- _ ___ — — — , . R E (FiRmE.Ri. Y e'E3 Til .7 TREED 1 P A , . R , E 1834178 ERSE 02/25/2010 0112:33 PM UNP1. A Ira: Page: 4 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clark/Recorder, Pueblo County, Co D so in iriumern ot Not rin avi I11+ 1 CI 1101 tam . . THIS &KW WAS NOT PREPARED AS A B AIONOMENTED LAND SLIMY, N40 WAS ONLY PREPARED M ; ? NORIINTAR ENGINE3RING AND SURVEYING, INC. DESCRIPTION. DEPCT mr ATTACHED tAND JN 99 045 26 PAGE 2 OF 2 1901882 RES 03/16/2012 10:26:33 AM Page: 6 of 10 R 58.00 D 0.00 T 56.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iii irk PPIN Pi NI 111 , :. ..' EXHIBIT B • • • EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this /i' day of; FffiWit1194V e O/D , by CHH, LLC. a Colorado limited liability comnanv Grantor, to Pueblo4 Municipal Corporation, Grantee: • WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of ,pedest Sgt, , in, through, over, under and across Grantor's property situated in. Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install _Side k in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the-obligation) to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right • to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. i8349 aasfi c is ®a . a 1M$ � DB• • Ws co yy � LLII � a i ti8C1er. t � � � 1� 1 U DPW110 12/03/98 1901882 RES 03/16/2012 10:26:33 AM Page: 7 of 10 R 56.00 D 0.00 T 56.00 Gilbert Clerk/ Recorder, der,ilo County, o Co III i Iea 1111 "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 1{ day of � , �O /Q . CHH. LLC. a Colorado limited liability company GRANTOR By: Outlook Development. LLC. a Colorado limited liability company As: • By: Thomas C. Cone, Manager COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instnunent was acknowledged before me this / day of . re • , _ /A by Thomas C. Cone. as Manager of Outlook limited liability comnanv . • Witness my hand and official seal. My Commission Expires: ,5 -al/ - moo // (SEAL) , y • � ' Notary Public 1 �,v / G /et��ya..N- . NOTARY {z Pciee o, co Bred y (O PUBL � G01 -� 114 eci► expires 5-212411 • • 1834177 Paso: 2 of EASE R D 0.0� 0 (Wiwi Ortiz Clerk /Recorder, Pueblo County, Co Qi14 ,PNtristI I'll 1 11 2 1901882 RES 03/16/2012 10:26:33 AM Page: 8 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 111111 • 1901882 RES 03/16/2012 10:26:33 AM Page: 9 0 R 56.00 D 0.00 T 56.00 Gilbert Ortiz 1 Clerk /Recorder, Pueblo County, Co non 11411Wrilifil:IliftulirrifillIghtlril 1 111 EXHIBIT A PEDESTRIAN EASMENT LAND DESCRIPTION An easement for Pedestrian purposes located in a portion of Park West Business Campus, Filing No. 6 in the County of Pueblo and State of Colorado, being more particularly described as follows: The Westerly 5 feet of Lot 3, Block 1 in Park West Business Campus Filing No. 6 according to the recorded plat thereof as filed for record in the Pueblo County records. The internal easement line shall be lengthened to match the property line. I, 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. Da d M. Stravia O Q�, -� Colorado P.L.S. 12933 ► t NorthStar Engineering and Surveying, Inc 1,. c.. , • December 21, 2009 V t't".? JN 99 045 26 / ,�� <, , ; 4F C ovo 0 0, • 1834177 EASE 02/25/2010 01:12:33 PH Pagge� 3 of 4 R 21.00 D 0 .00 T 21 y, Gttb. Orltn CterkfRsoorWr, Puobto Cou nt Co 1111 1 nAildtNCI r 141101M1114 I 111 Page 1 of 2 •. 1 I EXHfir IEXHII 1 .... 4(.. 1 Q.XP o F NNO MONUMENT BOX 1N►N r..- ( M o A CAP IN cowcwErF SCALE: 1 = 100' __ ^___ ..... ..... -- 0 50' 100' 200' On'A O ...., lairLIElli aMMIMIMIMIMM BL. Eif. K i / L__ �. 1 -. n 1 -.. 1 i 1 / r -/' .._ / _ r -." s_, iv" K 1. / f- , r _ \ 1 1 1/ % 1 11 P1 1 \_ 1 °J ' �� 3 1 till t 10N r • 1 : 2 1 I .e�. / {r r /Mr- s ' lv l-ir 1 .r® -. 4 .3! , ,� . f 20i, • ;A bi i .R. I ' PEDESIRUMI EASEMENT 14 Ri i ")1 "'k' t ��.,II�� _r 1.. 6.I:i1 Feb 1 -- r r r 4 rr A /1 -1 i I�V a y f - r f 11%11 1 FM r r• - f� 4 /M 0 i 3 ' TREE 1 E P A R env /. A TTk r B ewHIDfT WAS NOT PREPARED AS A B PREPARED TO oePtcr THE ATTACHED LAND Y Y; NORTHSTAR ENGINEEIUNG AND SURVEYING, INC. 1901882 RES 03/16/2012 10:26:33 AM PAGE 2 OF 2 Page: 10 of 10 R 56.00 D 0.00 T 56.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III Ii.1 1 1111 1411 IAV L lifil Nki 11III RESOLUTION NO. 12265 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT-OF-WAY FOR SIDEWALK EASEMENTS TO CHH, LLC, A COLORADO LIMITED LIABILITY COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easements between Pueblo, a Municipal Corporation, and CHH, LLC, a Colorado limited liability company having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The president of the City Council is hereby authorized and directed to execute such Release on behalf of the City of Pueblo. The City Clerk is directed to attest same and affix the seal of the City thereto and record the executed and acknowledged Release in the office of the Pueblo County Clerk and Recorder immediately prior to the recording of the subdivision plat for Park West Business Campus, Filing No. 7. SECTION 3. This Resolution shall become effective upon final passage and approval. INTRODUCED November 14, 2011 BY: Chris Kaufman COUNCILPERSON Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-10 DATE: November 14, 2011 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT-OF-WAY FOR SIDEWALK EASEMENTS TO CHH, LLC, A COLORADO LIMITED LIABILITY COMPANY ISSUE Should the City Council authorize the release of easements to CHH, LLC, a Colorado Limited Liability Company? RECOMMENDATION Approval of this Resolution. BACKGROUND The owner and developer have dedicated a certain right-of-way on the approved plat of Park West Business Campus, Filing No. 7. This right-of-way includes the area in which sidewalks will be constructed. Therefore the sidewalk easements are no longer needed. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action.