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Home My WebLink About12514RESOLUTION NO. 12514 A RESOLUTION RELEASING CERTAIN EASEMENTS WITHIN THE FUTURE PLAT OF MINNEQUA INDUSTRIAL PARK, THIRD FILING BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easements, 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 of Easements 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 of Easements in the office of the Pueblo County Clerk and Recorder. INTRODUCED: October 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed R ESOLUTION DATE: October 9, 2012 AGENDA ITEM # M-9 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION RELEASING CERTAIN EASEMENTS WITHIN THE FUTURE PLAT OF MINNEQUA INDUSTRIAL PARK, THIRD FILING ISSUE Should the City Council authorize the Release of Easements within the future subdivision plat of Minnequa Industrial Park, Third Filing? RECOMMENDATION Approval of this Resolution BACKGROUND The developer wishes to reconfigure the existing easements within the future subdivision plat of Minnequa Industrial Park, Third Filing. FINANCIAL IMPACT to this action. There is no financial impact to the City of Pueblo due Reception 1924132 11/1/2012 re: Res. 12514 RELEASE OF EASEMENT THIS RELEASE OF EASEMENT is made on October 9 , 2012, by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003, to PEDCO Foundation Inc., a Colorado Corporation (Owner) of Pueblo, Colorado. WITNESSETH: WHEREAS, the Owner is the developer and property owner for the property known as Minnequa Industrial Park, Third Filing; and WHEREAS, the Owner is the Grantor and the City is the Grantee of the easement described in attached Exhibit "A "; and WHEREAS, the Owner has agreed to grant to the City of Pueblo alternate easements or rights -of -way for such purposes on the subdivision plat of Minnequa Industrial Park, Third Filing; and WHEREAS, if the approved subdivision plat of Minnequa Industrial Park, Third Filing, is not not recorded this Release of Easements shall become null and void ab initio; . 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 the Easement as described in Exhibit "A ". This Release of Easement shall extend to and be binding upon the successors and assigns of the City. IN WITNESS WHEREOF, this Release of Easement is executed as of the date first above written. /4��Q PUEBLO, A MUNICI'AL CORPORATION el (% j / o \ By' ,/ / /�_ "�, n / PRES SENT OF CITY COUNCIL • \ MO¢ tV¢��, J 1 a, g___ `N. ti- / ATTEST: N CI CLERK State of Colorado ) ) ss. County of Pueblo ) l The foroina.instrument was acknowledged before me on ()Cipher ber q , 2012 , by C e � hri.S t ilUfryla as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. My commission expires: ORENE BRAVO - NEFF dai!_AL/ . 0 a i NOTARY PUBLIC Not'' - Public / / STATE OF COLORADO 1924132 R EASE 11/01/2012 02:09:14 PM • Page: 2 of _ 5 R 31.00 0 0.00 T 31.00 • Gi Clerk /Recorder, Pueblo C l unt l��1� III Ifllll�� 1�1 I 1 48 17 59 Page: 1 of 4 01/28/2003 04 :39F ChrisC.Munoz PuebloCtyClk &Rec EASE R 21.00 0 0.00 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this $�'r' day ofu0.nr, t.ctrt1, 2003, by PEDCO Foundation, Inc., a Colorado Corporation, Grantor, to Pueblo, a Municipal Corporation, Grantee: WITNESSETH: THAT IN 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 drainage, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibits "A" and "B" (the "Property"). Grantor shall maintain drainage improvements (the "Facilities ") in the Property in accordance with plans and specifications thereof 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. "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. • 1111111 111 II 1111 111 I II : 1 . 1 4 1 8 : ,2 2 1 0 . 0 7 3 f 5 0 4 4 9 .3., C hrlsC.Munoz PuebloCtyClk &Reo EASE R 21.00 D 0.00 SIGNED this 4 day of , 2003 GRANTOR: • BY 'Airs • Rolf Ander: on hairman PEDCO ' • undation, Inc. COUNTY OF PUEBLO ) ) s.s. STATE OF COLORADO) t • The foregoing instrument was acknowledged before me this. day of ` Yw1M.t , 2003 by Rolf Anderson, Chairman, PEDCO Foundation, Inc. Witness my hand and official seal. My commission expires: St-. q 2.003 { .y KA • 1(J�/ v T :777 I T Y A. '# Not ry Publid � COX• ? ) ,c01, tSz4, A • .. P � ;��' t ' 1924132 R_EASE 11/01/2012 02:09:14 PM P age: 3 of 5 R 3 D 0 .00 T 31.00 G ilbert Ortiz Clerk /Recorder, Pueblo County Co 1111 Iiti .1 4 : I+ V liril '44114 lilii 1111 II/ EIHIHH 1481759 II II I III 11111 11111 I 1111 Pa 3 of 4 01/28/20 03 04 :36F C hrisC,Munoz PuebloCtyClk &Reo EASE R 21.00 0 0.00 EXHIBIT A f A portion of land located within a portion of the East V2 of Section 23 and a portion of the West %2 of Section 24, Township 21 South, Range 65 West, of the 6th Principal Meridian, being more particularly described as: Beginning at the Northwest comer of Lot 2, Minnequa Industrial Park Second Filing, according to the recorded plat thereof, filed for record , 2003 at Reception No. of the Pueblo County Records, Thence Southerly along the North line of said Lot 2, S 68° 47' 47" E, a distance. of 594.92 feet, • to the True Point of Beginning; Thence departing said North line, S 24° 28' 56" W a distance of 450.00 feet; Thence S 68° 47' 47" E a distance of 450.00 feet, to a point on the East line of said Lot 2; Thence N 24° 28' 56" E, along said East line, a distance of 450.00 feet, to the Northeast corner of said Lot 2; Thence N 68° 47' 47" W, along the Northerly line of said Lot 2, a distance of 450.00 feet to the True Point of Beginning. 1924132 R EASE 11/: 2012 14 PM Pa 4 of 5 R D0.00 02:09:T 31.00 Gilbert Ortiz C 4 er P usilCun C; �� I111 • i • ag EXHIBIT "B" gE tort MINNEOUA / NDUSTRJAL PARK ° o y SECOND FILING E \ �� s ¢ 2� Q. a ae POINT OF BEGINNING °j " t' v ® 3 • 30' ORIINAGf ^I . . .'. I /I � ".+ a ! EASEMENT 4) • / -O DO • // 0 o $ Y et, >/ 4, m m 4: */ DETENTION / // d N 4) / EASEMENT / // � h p p m A9 - L / / ryp• NC] 13 s 68 � � ` /// N Q s8 cV 4 j' vl A ` S Q 4 j. [ --- • x / 4 i, / '" N m // / 4 4 to um o ~-. 4 /// WV) /// oew� /// 0 1. �/ 75' DRAINAGE EASEMENT [ o p /// N g In Z M /NNEQUA INDUSTRIAL PARK / E To p E SEMENT fa UM .? SECOND FILNC 1/ UTILITIES CORPORATION, RECORDED 4, /// IN 800K.1907 AT PACE 188 W /// 4 /// CD 1// 1// /I/ /// 1// 1// /// /// 11/ /// 1// /// /// 1 481759 /1/ 1111 11111I,II Ili 11{11111 11 III III! 3/26 0 4:36F /// Chr1.C.Munoz PuebloCtyClk6Roo EASE R 21.00 111 / 000 / / / GIVEN RIGHT CENT TELEPHONE AND/OR // UTILITIES CORPORATION, RECORDED / / IN 800K 1907 AT PAGE 188 /// / / /,/ N / // / // /// / // /// /// /!/ 1 EX. RIGHT OF WAY AND /OR EASEMENT / I � GIVEN TO CENTRAL TELEPHONE & UTILITIES CORPORATION, RECORDED // // IN 800K 1907 AT PACE 188 / /I' SCALE: 1" = 400' 1 // // ABEL ENGINEERING PROFESSIONALS, INC. / + O PUEBLO, COLORADO 81002 f (719) 546 -2235 J.N. 2002 -085