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HomeMy WebLinkAbout12425RESOLUTION NO. 12425 A RESOLUTION APPROVING A PARTIAL RELEASE OF EASEMENT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Partial Release of Easement relinquishing that portion from the 1976 Easement, 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 President of the City Council is authorized to execute the Partial Release of Easement in the name of the City. The City Clerk is directed to affix the seal of the City thereto, attest same, and record the Partial Release of Easement Agreement in the office of the Pueblo County Clerk and Recorder. INTRODUCED: June 11, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: JUNE 11, 2012 AGENDA ITEM # M-5 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING A PARTIAL RELEASE OF EASEMENT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve a Partial Release of Easement for property located on Lot 1, Block 1, Target Subdivision Amended? RECOMMENDATION Approval of this Resolution. BACKGROUND The City has two easements for the purposes of a bike trail through Lot 1, Block 1, Target Subdivision Amended, which is the former Toys “R” Us located along Dillon Drive. The easement being released was created prior to the recording of the subdivision plat and the construction of the building which lies across a portion of the easement. With the construction of the building, a new easement was provided to the City that contains the current bike trail; however, the older easement was never vacated. Goodwill Industries of Colorado Springs, who purchased the property, found the easement across the building with an ALTA survey and would like it released to clear up the property documents. The Partial Release of Easement will not release any portion of the bike easement that the bike path currently lies within. FINANCIAL IMPACT None. re: Res. 12425 1914287 PRL E 07/27/2012 03:56:54 PM Page: 1 of 17 R 91.00 D 0.00 T 91.00 • Gilbert Ortiz Clerk/Recorder, ( Pueblo County, Co � (III III �� iP�t PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT ( "Partial Release ") is made this 11 . day of June , 2012 by the City of Pueblo, a Municipal Corporation, whose address is 200 South Main Street, Pueblo, CO 81003, and referred to herein as "City ". WITNESSETH: WHEREAS, City is the Grantee and holder of certain easements granted under and pursuant to that certain Easement Deed Agreement dated July 1, 1976 by Ernest W. Hahn, Inc., a California corporation and Connecticut General Life Insurance Company, a Connecticut corporation and recorded December 15, 1980 in Book 2054, Page 94 ( "1976 Easement ") and that certain Warranty Deed dated July 14, 1994 by Plaza Properties of America, Inc., a Delaware corporation and Connecticut General Life Insurance Company, a Connecticut corporation, as tenants -in- common, and recorded July 15, 1994 in Book 2745, Page 310 ( "1994 Easement ") in the records of the County Clerk and Recorder of Pueblo County, Colorado, true copies of which are attached hereto as Exhibits "A -1" and "A -2" respectively; and WHEREAS, City currently owns and maintains a recreational path upon, over and within the easement as described in the 1994 Easement and within portions of the easement described in the 1976 Easement; and WHEREAS, the City desires to release and relinquish from the 1976 Easement only that portion of the recreational easement described in the 1976 Easement which is described below and depicted in Exhibit "B" attached hereto: That portion of the easement being 12.00 feet in width, 6.00 feet on each side of the following described centerline. BEGINNING at a point on the south line of said Lot 1, Block 1, Target Subdivision Amended from which the southeast corner of said Lot 1 bear N 89 °50'00 "E a distance of 6.17 feet; Thence N 14 °47'03 "W a distance of 15.91 feet; thence along the arc of a curve to the right having a central angle of 14 °37'03" and a radius of 500.00 feet a distance of 127.56 feet; thence N 00 °10'00 "W a distance of 31.55 feet; thence along the arc of a curve to the left having a central angle of 47 °00'00" and a radius of 110.00 feet a distance of 90.23 feet; thence N 47 °10'00 "W a distance of 289.56 feet; thence along the arc of a curve to the left having a central angle of 11 °45'35" and a radius of 403.00 feet a distance of 82.71 feet to the POINT OF TERMINUS on the west line of said Lot 1. hereinafter referred to as the "Released Portion of 1976 Easement "; and WHEREAS, the City does not intend hereby to release any portion whatsoever of the easement described in the 1994 Easement, notwithstanding physical overlap with the Released Portion of 1976 Easement; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: In consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby releases and relinquishes only the Released Portion of 1976 Easement as described above and depicted in Exhibit "B ". Except for the partial release of easement from the 1976 Easement as described herein, the City does not release, relinquish, waive, satisfy, or in any other way change or affect any other rights conferred on the City under the 1976 Easement and 1994 Easement. The 1994 Easement shall fully remain in effect and a burden on the property described therein, notwithstanding overlap with the Released Portion of 1976 Easement. Page 1 of 2 1914287 PRL E 07/27/2012 03:56:54 PM , re: Res. 12425 Page: 2 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co . min PIllikirilrinif I IffirifiVIRLIA lid IN II 111 This Partial Release shall extend to and be binding upon the successors and assigns of the City. IN WITNESS WHEREOF, this Partial Release of Easement is executed as of the date first above written. CITY OF PUEBLO, A MUNICIPAL CORPORATION t , ,1 0` , 1ti By: / } \ 1, 7,7#8 PRESI t ' T OF TY COUNCIL 0� By: '• CIT LERK It, State of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this I . - 1 day of (,(710--- , 2012, by Chris K. Kaufman, as President of the City Council of the City Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires Z'2'20l5 . LORENE BRAVO- 1 1 • NOTAR P , �., �� !A! � / S TATE OF COLORADO Notary Public Page 2 of 2 1914287 PRL E 07/27/2012 03:56:54 PM Page: 3 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co k 111 1111 EXHIBIT A -1 652693, . / ' ' ' 1 , DEC 151980 B 00K20.4 PAGE 94 Y � RECORDEf JON H. GIGUERE, Recorder 4 7a1 / 7 PUEBLO COUNTY, COLORADO EASEMENT DEED AGREEMENT THIS EASEMENT made and entered into this 1st day of July , 1976 by and between ERNEST W. HAHN, INC., a California corporation (hereinafter referred to individually as "Hahn ") and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a . -"JD Eih Connecticut corporation (hereinafter referred to individually 0 as "Con Gen "), tenants in common (Hahn and Con being here- U inafter referred to collectively as "Grantor "), and the CITY OF a m c PUEBLO, a municipal corporation of the County of Pueblo, State m 1-o of Colorado, (hereinafter referred to as "Grantee "). �; m •a m ,- R E C I T A L S: NG� •■ WHEREAS, Grantor is the owner of certain real property a cre L located in the City of Pueblo, County of Pueblo, State of Colorado, mom E! U hereinafter called "Property "; and a " � O WHEREAS, pursuant to prior Agreement between Hahn and the r`.t � y Grantee, Hahn has constructed at its expense a paved path with *102 — landscaping over a portion of said property described in Exhibit "A ", and Grantor intends to convey an easement to Grantee over said portion of said Property described in Exhibit "A" (which portion of,the Property is hereinafter referred to as the "Path ") for purposes of maintaining thereon a recreational path for use by the general public. NOW, THEREFORE, it is agreed as follows: 1. Grantor, for the consideration of $10.00 and other valuable consideration in hand paid, hereby conveys jointly and severally to Grantee an easement 12 feet in width on, over, through and across the Path portion of the Property for the maintenance, repair, replacement and removal of a roadway solely for use by the general public as a surfaced pathway for walking, jogging and riding nonmotorized bicycles as well as the irriga- tion and maintenance of decorative planting thereon. -1- • 1914287 PRL E 07/27/2012 03:56:54 PM � pp Page: 5 of 17 R 91.00 D 0.00 T 91.00 BOOK PACE .95 . Gilbert � Ortii � �l ;rk /RacO ® Pueblo County, e%lli'k IIII • 2. This easement is conveyed to Grantee in perpetuity. 3. Grantee agrees to hold harmless and indemnify Grantor jointly and severally from and against any and all claims for injury to persons or damage to property resulting from the use of the Path by the Grantee, its visitors, agents or em- ployees, as well as members of the general public. Grantee agrees to exercise reasonable care and diligence as to the general public's use and enjoyment of the Path, and Grantee further agrees to assume all liability for damage to said Path which may be caused by the negligence, whether active or passive of Grantee, its visitors, agents or employees qr caused by the day -to -day use of said Path by the aforementioned • general public. During the term of this Instrument, the Grantee shall pro- cure and maintain in full force and effect, at its sole cost, bodily injury liability insurance with limits of not less than $100,000.00 per person and $500,000.00 per occurrence insuring against any and all liability of the insured with respect to said Path or arising out of the maintenance, use or enjoyment thereof. Grantee also agrees to either (i) procure and maintain property damage liability insurance with a limit of not less than - $50,000.00 per accident or occurrence or (ii) self - insure for such property damage liability insurance in the amount specified herein. All such bodily injury liability insurance and property damage liability insurance shall specifically name each Grantor herein • as an additional assured and shall specifically insure the per- formance by the Grantee of the indemnity agreement as to liability for injury to or death of persons and injury or damage to property in this Paragraph 3 contained. 4. Grantee agrees to maintain, repair and replace at its sole cost and expense the Path in connection with the use and benefit thereof. • -2- �, x• 1914287 PRL E 07/27/2012 03:56:54 PM Ql ib 6 rtOrt 17 de , P ueb l o oun tty O , Co III ral MINIM kiltrolitrOVIR1111 WA Rini 11111 800K;20,54 PACE 96 I 5. The City shall establish reasonable rules and regulations governing the general public's use and enjoyment of the Path. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any or all representations or modifications concerning this instrument shall be of no force • and effect excepting the subsequent modification in writing signed by the party to be charged. . In.the event of .any controversy, claim or dispute relating • to this instrument or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs. This instrument shall bind and inure to the benefit of the successors and assigns of the Grantor. This instrument may not be assigned by the Grantee. IN WITNESS WHEREOF, the parties hereto have executed this Easement Agreement the day and year first above written. _ _{,• • , 1 -if • GRANTOR ERNEST W. HAHN, INC. ,�'- %.�;;'• . -. . ;' A l l A 1. ... , _ x , , t ic D e rr 1 % ii s i de And rj� to/ ,/� 4 { 4Jpiy a• . CONNECTICUT GENERAL LIFE^ IN iN,pa . COMPANY ... �0::,. °; '. 11 ■ By I . c . r. , - ruyn y �`_ _ . ' ' ; - • .. � .• / • r' By ,/_�►j _ I `s ::,( • : g r.. tairwa . o ' ;h JET _ e ... , tai: GRANTEE CITY OF PUEBLO, tin fi 4 ' • bt Pion �. /,/ .. . BY /1 444 I: ' :s gr l ti. y Presi•ent o - fait - .. 'nc '''` .� ` , . Attes 'i't 1/ • • _ • O . ; r l y� r. Approved As To Form • ,• 1 \ '--•!,`"-- --•,' I 7 4(44A / Ci orney -3- 1914287 PRL E 07/27/2012 03:56:54 PM Page: 7 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Q"y ,� I l � iii lI�'� I III 809x•ZO54 DACE Vf ���Ii rJ � O • STATE OF CALIFORNIA ) . ) SS. COUNTY OF LOS ANGELES ) On 40744/1.1 A /Qft2 , before me, the under- signed, a otary Public in and for said State personally app ared 4,4,1 /X , _ O.hi &4 t known to me to be the e .. President, and } .i.„ iA • 4,rA,../X#, , known to ma to be /T p, Secretary of the corporation that executed the w tHin Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the within Instrument pursuant to its by -laws or a resolution of its board • of directors. - OPFICIAL SAf I. TARA CLOPR &G e l j.;: NCTART PIIULIC • CAuFnpImA �.4 LOS ANGELES COUNTY Notary Public My Commission Expires Dec. 9, 1983 o STATE OF CONNECTICUT ) SS. COUNTY OF HARTFORD ) On August 26, Ma_ , before me, the under- . signed, a notary Public in and for said State personally appeared David G. PrtivnP known to me to be the Second Vice President, and RtrhArd ti Kupnhunos , known to me to be Secretary of the corporation that executed the within Instrument, known to me to be the persons who executed the within Instrument on behalf of the corporation therein named, .;,: anala ,aclt�iowledged to me that such corporation executed the within fiY ••.1, :: =€ �. ^;.•�in�s'f]rument pursuant to its by -laws or a resoltuion of its board %.7,0i«o& directors. P.7 ' t: I;.' /,��t;, , - / ,--• a . • ', . e Ai ,,! - - , , . � 1. .e. • ti. "g b, ti ��':!:ry P i: *1�c Jeaitn =tte M.`l. uza I .;% r .� le o ' :" i Expirear March 3 , 1985 : :STA OF COLORADO ) ) SS. COUNTY OF PUEBLO . ) On d4. ,- d2 J/, /9//9 , before me, the under- +,, . ..s: •gnec , notary Public in and for said State personally appeared ..•, 1lti known to me to be the 7 --e , ,t.l�M and , ' G4..:.. c. t. ;;'e to b= .,.; G/a/,..., of the corporation that if p ..•••'MWscy�t #•3'j within instr: e.,), known to me to be the persons who r a 4 ,*Otedutdl within Instrument on behalf of the corporation therein e:! :, d,� gn .acknowledged to me that such corporation executed the '' 5Ws i r c r� ,t instrument pursuant to its by -laws or a resolution of its att'.�• . p ar restors. ' a ` 4.: �' frt. r ` :s .' No to P .1. ". , !/ -28-/firli • -4- 191 PRL E 07/27/2012 03:58:54 PM Pe: G z /Recorderr, Pueblo County, Co 1 � 111 a � Ia�i° I �� I III 1 Box-2054 PAGE 98 LEGAL DESCRIPTION — BIKE PATH A PARCEL OF LAND SITUATED IN THE CITY OF PUEBLO, COUNTY OF 3 PUEBLO, STATE OF COLORADO, BEING A PORTION OF A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 24 AND THE SOUTHEAST 1/4 OF SECTION 13, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST, 6TH P.M. AND THE SOUTHWEST 1/4 OF SECTION 18 AND THE NORTHWEST 1/4 SECTION 19, BOTH IN TOWNSHIP 20 SOUTH, RANGE 64 WEST, 6TH P.M., MORE PARTICULARLY BEING PORTIONS OF LOTS 6, 7, 8A AND 9 AS SHOWN ON A MAP THEREOF TITLED "AMENDED PLAT OF DILL—HAHN CO. SUB— DIVISION" RECORDED IN BOOK 1824, PAGE 243 UNDER INSTRUMENT NO. 501885 ON FILE IN THE OFFICE OF THE RECORDER OF SAID COUNTY OF PUEBLO AND DES— CRIBED AS FOLLOWS: A STRIP OF LAND 12.00 'FEET IN WIDTH MEASURED WESTERLY AND SOUTHERLY OF A LINE DESCRIBED AS; BEGINNING AT THE MOST SOUTHEASTERLY CORNER OF LOT 9; THENCE NORTH 0 °10'00" WEST A DISTANCE OF 110.00 FEET; THENCE NORTH 89 ° 50'00" EAST A DISTANCE OF 57.06 FEET TO THE TRUE POINT OF BEGINNING OF THE LINE HEREIN DESCRIBED; THENCE NORTH 5 ° 49'45" WEST ADISTANCE OF 370.50 FEET TO A POINT ON A NONTANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 82 ° 08'34" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 6 ° 55'37 ", AN ARC DISTANCE OF 60.45 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID CURVE NORTH 14 ° 47'03" WEST A DISTANCE OF 69.90 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 12'57" WEST; THENCE ALONG SAID LAST— MENTIONED CURVE THROUGH A +CENTRAL ANGLE OF 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO END OF SAID CURVE; THENCE TANGENT TO SAID LAST — MENTIONED CURVE NORTH 14 ° 27'03" EAST A ° EXHIBIT "A" r. Page 1 of 3' 1914287 PRL E 07/27/2012 03:56:54 PM Page: 9 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ort Clerk /Recorder, Pueblo County, Co 111 ! � P g INI�I' G� ' t�1 IZIOC 114.10. Hill 11111 sooK.20.5 ME 99 DISTANCE OF - 49.42 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 32'57" EAST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 47'03" WEST, A • DISTANCE OF 58.97 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE SOUTHEASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75 °12'57" WEST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 50 ° 14'03 ", AN ARC LENGTH OF 438.38 FEET TO THE END OF SAID CURVE; THENCE NORTH 35 ° 27'00" EAST A DISTANCE OF 193.92 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT HEARS SOUTH 54 ° 33'00" EAST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 50 °14'03 ", AN ARC LENGTH OF 438.38 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST- MENTIONED CURVE NORTH 14 ° 47'03" WEST A DISTANCE OF 59.95 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 75 ° 12'57" WEST; THENCE ALONG_LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 29 °14'06 ", AN ARC LENGTH OF 255.12 FEET TO END OF SAID CURVE; THENCE TANGENT TO SAID LAST - MENTIONED CURVE NORTH 14 °27'03" EAST A DISTANCE OF 90.38 FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE CONCAVE WESTERLY AND HAVING A RADIUS OF 500.00 FEET, A RADIAL TO SAID POINT BEARS SOUTH 75 EAST; THENCE ALONG SAID LAST- MENTIONED CURVE THROUGH A CENTRAL ANGLE OF. 29 ° 14'06 ", AN ARC LENGTH OF 255.12 FEET TO THE END OF SAID CURVE; THENCE EXHIBIT "A" Page 2 of 3 %•■ 1914287 PRL E 07/27/2012 03:56 :54 PM Page: 10 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co • Ell riP 1, X41/4 � � �a � I111 u.ox20.54 PAGE1O.0 TANGENT TO SAID LAST - MENTIONED CURVE NORTH 14 ° 47'03" WEST, . A DISTANCE OF 69.90 FEET TO THE POINT OF BEGINNING OF A TANGENT . CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 500.00 FEET, A • RADIAL LINE TO SAID POINT SOUTH 75 ° 12'57" WEST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 14 °37'03 ", AN ARC LENGTH OE 127.56 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST - MENTIONED CURVE NORTH 0 ° 10'00" WEST'A DISTANCE OF 31.55 FEET TO THE BEGINNING OF A TANGENT CURVE CONCAVE SOUTHWESTERLY AND HAVING A RADIUS OF 110.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 89 ° 50'00" EAST; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 47 ° 00'00 ", AN ARC LENGTH OF 90.23 FEET TO THE END OF SAID CURVE; THENCE TANGENT TO SAID LAST-MENTIONED CURVE NORTH 47 ° 10'00" WEST A DISTANCE OF 289.56'FEET TO THE POINT OF BEGINNING OF A TANGENT CURVE SOUTHWESTERLY AND HAVING A RADIUS OF 403.00 FEET, A RADIAL LINE TO SAID POINT BEARS NORTH 42 ° 50'00" EAST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 43 °54'28 ", AN ARC LENGTH OF 308.83 FEET TO A POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE NORTHERLY AND HAVING A RADIUS OF 6,077.80 FEET, A RADIAL LINE TO SAID POINT BEARS SOUTH 1 ° 04'28" EAST; THENCE ALONG SAID LAST - MENTIONED CURVE THROUGH A CENTRAL ANGLE OF 2 ° 38'52', AN ARC LENGTH OF 280.87 FEET TO A POINT ON SAID LAST - MENTIONED CURVE AND THE TERMINUS OF THE LINE HEREIN DESCRIBED. EXCLUDING FROM THE HEREIN DESCRIBED STRIP OF LAND ALL THAT PORTION LYING EASTERLY OF THE WESTERLY LINE: OF LOT 8A AS SHOWN ON SAID "AMENDED PLAT OF DILL -HAHN CO. SUBDIVISION ". • EXHIBIT "A" Page 3 of 3 • • • Page: 11 of 17 07/27/2012 0.00 T5 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co • INI' KM! 11 111 EXHIBIT A -2 , Recorded' at r .-In tr to . Reception it: 1050638 Date: 07/15/1994 Tine: 910 Book: 2745 Page: 310 Chris C. Munoz Inst.: WD Rec Fee: 25.00 Doc Fee: 0.00 Page: 1 of 5 Pueblo Co.C1k. &Rec, WARRANTY DEED TLi1$ DEED, Made this 14th day of July .1994 -, between Plaza Properties of America, Inc., a Delaware corporation and Connecticut General Life Insurance Company, a Connecticut corporation, as tenants -in- common • - grantor, and Pueblo, a Municipal ' Corporation ele a aRbc aNa aA 9;Eair laida lialtex�d�&il a�ti 3 Of grantee; whose legal address is One City Hall Place, s m Pueblo, Colorado 81003 a ...;; W1TNESSETH.That the grantor. for and in consideration of the sum of Ten Dollars ($10.00) and other to m good and valuable consideration xallatallalIC ∎ the receipt and sufficiency of which is hereby acknowledged, has granted. bargained, sold and conveyed, and by these presents does grant, bargain, sell, r • e9 m convey and confirm, unto the grantee. its successors and assigns forever, all the real propcity together with improvements, if any, siniate, lying and being m m a in the • County of Pueblo and Stale of Colorado. described as follows: N 0 issea. Nm D. See Attached Exhibit A for N 01 e Legal Description m�, Wr -mti J k+U N a.o N L N , 51 . .a( xontExm - TOGETHER, with all and singular the hercditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rants. issues and profits thereof; and all the estate, right, title. interest, claim and demand whatsoever of the grantor, either . in law or equity, of, in and to the above bargained prrmises, with the her:ditantents and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, its successors and assigns forever. And the grantor for itself, its successors and assigns, does covenant, grant. bargain and agree to and with the grantee. its successors and assigns, that at the time of the cnsealing and delivery of these presents. it is well seized of the premises above conveyed. has good, sure, perfect. absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right. full power and lawful authority to grant. bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants. bargains, sales. liens, taxes. assessments, ineumbrances and restrictions of whatever kind or nature :sever, swig. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee,. its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any pan thereof. IlaatO irisl Ili(LOCKatahtlafial4R iatleaE itiXXXXXXXXX iialindJihtR RoltRablzammangessixotaraellgclexxxxxxxxxxxxxxxxxvpatextaxamtwoakintlxamosiniox sir SIGNATURE PAGE FOLLOWS THIS PAGE • s<C By >vp, SPATE OF COLORADO. ss. tvc. County of 6 Book: 2745 Pages 311 Chris C. Munoz • Page: 2 of 5 Pueblo Co.Clk. &ReC. THIS SIGNATURE PAGE ANNEXED TO WARRANTY DEED OF EASEMENT, DATED JULY 14, 1994 BETWEEN PLAZA PROPRETIES OF AMERICA, INC., a Delaware corporation, and CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a Connecticut corporation, as tenants -in- common (collectively, "Grantor ") and PUEBLO, a municipal corporation ( "Grantee "). IN WITNESS WHEREOF, Grantor has cau ed its corporate name to be hereunto subscribed by the V.P. ,C.ti Cis(' � c..rJ QOiwof Plaza Pro erties of America, Inc., and attested to by its X SC *),/ �C Secretary, and the Vice President of * Connecticut General Life Insurance Company, and attested to by its `i' Assistant Secretary, as of the day and year first above ���a''-ad'- ����' i ii o' • ` / PLAZA PROPERTIES OF AMERICA, INC. , a � , " , a Delaware arporation as Tenant -in- s 9,74 m `' � Common . % ¢ 4 , g' . ' x . .........0 1 . $ ecretary By: 1...,,ZW.tto ,:me:Arall At ‘04.04A4... itle: j Aui� CONNECTICUT GENERAL LIFE INSURANCE Att et: COMPANY, a Connecticut corporation, 4. . ::T::1::::nts, Inc - Assistant S ecretary Delaware co 'oration - :(W authorize repres n 0 S4 � , ' Name : 0 s W • f . iUJ a 'kr , Title: Vice Pres % 4 t/) df " r. - * CIGNA Investments, Inc., $$XXimmE$ggauggi( iuthoriae#'"agent of 1914287 PRL E 07/27/2012 03:56:54 PM Page: 13 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorded, Pueblo County, Co iii tn. f��i ili e ri 1 i eh1"�� iii 11111 Book: 2745 Page: 312 Chris C. Banos Page: 3 of 5 Pueblo Co.C1k.&Rec. STATE OF CALIFORNIA ) ss.: COUNTY OF San 1::30.- ) The foregoing instrument was acknowledged before me in the County of Sow, i cep , State of California, this $ E day of J r, 1994, by S lu PA. i3o s , as WK.ertsi it 1 u>`o P, e ± TI and bawd k�- t`rsol.t as 'ScX,•,e• Cat.,cse Secretary of PLAZA PROPERTIES OF AMERICA, INC., a Delaware corporation. Witness My Hand and Official Seal - otary Public My Commission Expires am B ti i �, HOW G. HURLEY COMM. *997157 z Notary Public — 1Ntomlo ` , SAN DIEGO COUNTY My Comm. EKO JUN ft 1997 STATE OF CONNECTICUT ) ss.. COUNTY OF Hartford ) The foregoing instrument was acknowledged before me in the County of Bloomfield , State of Connecticut, this 12th day of July, 1994, by Thomas W. Johnson , as Vice President and Geraldine J. O'Coin , as Assistant Secretary of CIGNA Investments, Inc., a Delaware corporation, as authorized representative of CONNECTICUT GENERAL LIFE INSURANCE COMPANY, a ecticut c rporation. Witness My Hand and Official Seal L IN) /)�1/, ;Lf/< Notary Public My Commission Expires SUSAN M. GINSBERG .,''a' ;r " NOTARY PUBLIC' MY COMMISSION EXPIRES SEPT. x.199 1 :, 2,:..1%,.-":":', , ~' :fi .:::. 1 1914287 PRL E 07/27/2012 03:58:54 PM :. ° 0 f it . ,I \ Page: 14 of 17 R 91.00 D 0.00 T 91.00 . Z r,l i �tiaj Gilbert Ortiz Clerk /Recorder, Pueblo County, Co � - - %. e ;+�0-, iv, 1 olli 1 •, ,,,„ n, a , p,N }.� . 1. • CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No, 5807 tt �. Book: 2745 Page: 313 Chris C. Munoz State of Cad; corn i Page: 4 of 5 Pueblo Co.Clk. &Rec. o County of Lan b i c.cn. 1 1 On Zu `ci 8 1919 before me, i-k-M I; G. kr-tt , `NtJd�u 4biot; c, �/ , p NAME, TITLE OF OFFICER - 0., 'JANE DOE, NO ARY PUBLIC' l+ SS I. uu� � r s,.. L� . (( t'. y • H , , personal appeared e, Q 1A La �►• Boy,. r S & be,-.. c S ` NAME($) OF SIGNER($) i, ❑ personally known to me - OR - Improved to me on the basis of satisfactory evidence o to be the person(s) whose name(s) rare subscribed to the within instrument and ac- 1 knowledged to me that 1140067they executed ,0 the same in 11/their authorized o capacity(ies), and that by heir Q, l� signature(s) on the instrument the person(s), HOWG.HURLEY or the entity upon behalf of which the w ,71 -2 COMM. o 497157 a 1 NotaryPubllcCalflamia person(s) acted, executed the instrument. %i7 i i SAN DIE60 — COUPEIY 0 c My Comm Expires JUN 8 1997 WITNESS my hand and official seal. 0 0 hi . IA 41. ` l SIGNATURE OF NOTARY 4II IIIII i 1 OPTIONAL. it Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. Al l CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL \ ❑ CORPORATE OFFICER \1 kl TITLE OR TYPE OF DOCUMENT \ TITLES) { 1 ❑ PARTNER(S) ❑ LIMITED kl f ❑ GENERAL � y ❑ ATTORNEY -IN -FACT NUMBER OF PAGES 0 ti ❑ TRUSTEE(S) 0 ❑ GUARDIAN/CONSERVATOR 6 ❑ OTHER: DATE OF DOCUMENT o 11 SIGNER IS REPRESENTING: NAME OF PERSONS) OR ENTITY(IEB( SIGNER(S) OTHER THAN NAMED ABOVE 0 0 01993 NATIONAL NOTARY ASSOCIATION • 8236 Ramat Ave., P.O. Box 7184 • Canoga Park, CA 91309 -7184 1914287 PRL E 07/27/2012 03:56:54 PM Page: 15 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk/Recorder, l Co llol ®�'R YIRIIi Ill) III IP��I 1914287 PRL E 07/27/2012 03:56:54 PM Gilber Ortiz ark', der Pueblo T Co 9 u 1 n Co ANA I ROI 11111 LXI 12' BIKE PATH EASEMENT TO BE RELEASED • A portion of that 12' Bike Path Easement described in that document recorded in Book 2054 at Pages 94 -100 in the records of the Pueblo County Clerk and Recorder as it affects Lot 1, Block 1, Target Subdivision Amended according to the recorded plat thereof filed for record August 4, 1989 in Book 2456 at Page 30 in the records of the Pueblo County Clerk and Recorder, more particularly described as follows; A Bike Path Easement being 12.00 feet in width, 6.00 feet on each side of the following described centerline. BEGINNING at a point on the south line of said Lot 1, Block 1, Target Subdivision Amended from which the southeast corner of said Lot 1 bear N 89 °50'00 "E a distance of 6.17 feet; Thence N 14 °47'03 "W a distance of 15.91 feet; thence along the arc of a curve to the right having a central angle of 14 °37'03" and a radius of 500.00 feet a distance of 127.56 feet; thence N 00 °10'00 "W a distance of 31.55 feet; thence along the arc of a curve to the left having a central angle of 47 °00'00" and a radius of 110.00 feet a distance of 90.23 feet; thence N 47 °10'00 "W a distance of 289.56 feet thence along the arc of a curve to the left having a central angle of 11 °45'35" and a radius of 403.(,0 feet a distance of 82.71 feet to the POINT OF TERMINUS on the west line of said Lot 1. / / // y - cxg a y e • PROFESS t L L ► SURVEYOR NO. 114 16128 1, 47 . 141t. LVD L 1 - 4 iimiiitsimo • ' - " " - ' - - _. _ • . .., ' . . . . E ., A \ REIRCE E .,,,, nz . X'd ...._, ...._....._„_...3 ....J1...........i ......1 ....1 wow/ ...eII--i ......I . . RELEASE OF EASEMENT THROUGH LOT 1, BLOCK 1, TARGET SUBDIVISION AMENDED CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO \ • A -1Z'01 '16' � \ ♦ \ ",%?„*.,,, .. ' 41' i II 4',;',./;,.., '>J� N � n ■ o v% T P ` am i, V_ ♦ O • \ \ `` J Fl \ (A \ 9 ' 4 i ? \ Q „ v` \) w4 . ° S \ Ci ' ' N 88'S0'fN c �'c'''''''''' ,? �` 21.22' 1 LOT 1, BLOCK 1 � 1 I TARGET SUBDIVISION AMENDED %''; i ( 1 o Contains 2.557 Acres c' �? r, J,:O , ' 83.0' III ''c' j 73.0' v�% s 11 • ;; / 1 � ' ii J 5 ak J ie j� D 1 1as PA 1 8 lo�' m; 01 Se c eJ;� ii Y / //I i rJI/ FO P �D CINDER BLOCK ` ` 0 3 .4 i 30,809 s.f. Y; ; 3610 DILLON DRIVE E JJ J 1 3 PUEBLO. COLORADO wt H J J 1 1 O r 4 %i al \\::- V) x 6 //9 o O 1 rN) G,'f P Q� �� • 14.6' �� N 146.0' 6'/%A 1 a - Cements ''(� l'4 ei 40' 40' I S 6S' W ++ Sr ~ 1/4.--- I MOW 1 o F, o t ` ACCESS 80' law il SO � tym .mol , 2 W._ N�fGREES EGRESS EASEMENT I 0 a" I �,ti" I b Zeta a I � r� :A10 '�' 1 i f naoc' J / ' ' 4 = EASEMENT TO BE RELEASED Az. Scale: 1' @ 60' /1f0�119i4ti & 4cid0C aks 5#w. Professional Engineers and Professional Land Su - • P.O. Box 8505 — Pueblo, CO 1914287 PRL E 07/27/2012 03:56:54 PM ("s) 544 -011415 Fax (pie) 676 -2853 — Page: 17 of 17 R 91.00 D 0.00 T 91.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III VI& P11,1d ,1w WM Mit'16 V, Iii.. IN ikii 11111