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Home My WebLink About12522RESOLUTION NO. 12522 A RESOLUTION ACCEPTING EASEMENTS FOR DRAINAGE FROM ROCLA CONCRETE TIE, INC., OF TEXAS AT LOT 1, BLOCK 1 OF THE ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 WHEREAS, the owners of real property of Lot 1, Block 1, St. Charles Industrial Park, Filing No. 1 have granted Easements for drainage; and WHEREAS, such easements are necessary to allow for the drainage of stormwater; and WHEREAS, such easements are necessary for the development of this site, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements for drainage, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The grantors of said easements are responsible for the cost of recording said easements. INTRODUCED: October 22, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-6 DATE: OCTOBER 22, 2012 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING EASEMENTS FOR DRAINAGE FROM ROCLA CONCRETE TIE, INC., OF TEXAS AT LOT 1, BLOCK 1 OF THE ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 ISSUE Should the City Council accept Easements for drainage from Rocla Concrete Tie, Inc., of Texas, for drainage purposes at Lot 1, Block 1 of the St. Charles Industrial Park, Filing No. 1? RECOMMENDATION Approval of this Resolution. BACKGROUND The easements for drainage are necessary for the further development of the site. FINANCIAL IMPACT None. Reception 1926687 11/28/2012 01:33:08 PM EASEMENT AND RIGHT OF WAY � - V THIS EASEMENT, granted this � day of A � , b y Peter Urquhart, President of Rocla Concrete Tie, a corporation inc6rporated in the State of Texas, 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, 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, commonly known as Lot 1, Block 1, St. Charles Industrial Park, Filing No. 1 and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent 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 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. SIGNED this ,. T4' day of �v/ W , ��Z . GRANT By Peter Urquhart President of Roc : Concrete Tie COUNTY STATE OFI) (((L& ) The foregoing instrument was acknowledged before me this day of rnrjtr , , by Peter Urquhart, President of Rocla Concrete Tie, a corporation incorporated in the State of Texas. Witness my hand and official seal. My commission expires: & - ?4 (S AL) IANA MCMORRIS 11/1fitaiThe Ma Notary Public Notary Public D 111 State of Colorado 0 X16/02 EXHIBIT A DRAINAGE EASEMENT LAND DESCRIPTION An easement for Drainage purposes located in a portion of St. Charles Industrial Park, Filing No. 1, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the southeast line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1 to bear N. 41 °45'01" E., and all bearings contained herein being relative thereto. Commencing at the intersection of the east line of Lot 1, Block 1, in St. Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 and the northwesterly right -of -way line of Lime Road as recorded at Reception No. 1797037; thence N. 18 °09'57" W., a distance of 1594.99 feet to the Point of Beginning; thence along the arc of a curve to the left whose radius is 5481.60 feet; and whose center bears S. 64°38'07" W., a distance of 486.27 feet; thence N. 60 °51'43" E., a distance of 20.84 feet; thence N. 29°08'17" W., a distance of 18.00 feet; thence N. 60 °51'43" E., a distance of 3.00 feet; thence S. 29°08'17" E., a distance of 18.00 feet; thence N. 60 °51'43" E., a distance of 21.55 feet; thence along the arc of a curve to the right whose radius is 5481.60 feet and whose center bears S. 56°01'34" W., a distance of 486.54 feet; thence S. 60 °51'43" W., a distance of 75.30 feet to the Point of Beginning. 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. ‘ , N 011 1 11 1 /i e.., �,G1sTE 9L . 12933 O ) . . . . p lik * �s� 4 ' 0 suRNO i ' C0\- `: s --a nst — David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. September 17, 2012 JN 1200400 Page 1 of 2 /'Xll=llll'llT A N60'51'43" 3.00' 529'08'17 "E — 18.00' — N29'08'17" 18.00' N60'51'43 "E 21.55' Ah N60'51'43" PrS 20.84' U c e 0 . p / CO LO mM a ) . 0 M m m N L N� o N W-- "r_VM "I — ro�C W U a Na 0 OL as DRAINAGE :33 y EASEMENT N 2 rn . .. o ..dmc� P. • P. \ i i I I LOT 1, BLOCK 1 I I la W ST. CHARLES INDUSTRIAL I PARK, FILING NO. 1 P.O.B. 1 '0 In / / 0 ° � ID / ■ - ■ NO. 19 9383) se)- 06 / , � � b.9 s �. lig /o � ' / / • ` 4 I°' /SO / = � .�`` / / / ,594 99x 1 / ` <5,-, ��o / BASIS OF BEARINGS: P.O .C. / SOUTHEAST LINE OF LOT 1, BLOCK / 1, ST. CHARLES INDUSTRIAL PARK, '.� / FILING NO. 1 BEARS N41 °45'01'E / �q�,j/ LEGEND //,(+ . / h ,F a� / P.O.B. POINT OF BEGINNING -10_____• /�`&P/ P.O.C. POINT OF COMMENCEMENT UBLIC UTILITY EASEMENT / FOUND NO. 4 REBAR WITH 1' DIAMETER �/ / / P YELLOW PLASTIC CAP, P.L.S. 12933 R D DELTA E L LENGTH p (R) RADIAL A R RADIUS SCALE: 1" = 100' R NOTE E THIS EXHIBIT WAS NOT PREPARED AS A 0 50' 100' 200' D MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND B DESCRIPTION. y: NORTHSTAR ENGINEERING AND SURVEYING, INC. JN 12 004 00 PAGE 2 OF 2 Reception 1926687 11/28/2012 01:33:08 PM re: Resolution 12522 EASEMENT AND RIGHT OF WAY � THIS EASEMENT, granted this r da y of Peter Urquhart, President of Rocla Concrete Tie, a corporation i or , /2 , by porated in the State of Texas, 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, 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, commonly known as Lot 1, Block 1, St. Charles Industrial Park, Filing No. 1 and described as follows: (the "Property") See attached Exhibit "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent 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 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. SIGNED this ;Li day of � ✓r ,� / ?. GRANI11 By (-1 Peter Urquhart President of Roc .Concrete Tie COUNTY ) STATE OF a lQ� ) ss. The foregoing instrument was acknowledged before me this ga-" day of �YY1 r , L , by Peter Urquhart, President of Rocla Concrete Tie, a cor ration incorporated in the State of Texas. Witness my hand and official seal. My commission expires: 06 --aq - d ((p ( AL) IANA cos MMRRI fil01 Notary Public Notary Public r W 111 State of Colorado 1 /06/02 1928687 EASE 11/28/2012 01:33:08 PM Page: 5 of 6 R 36.00 D 0.00 T 36.00 ' Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co 1111 Pli MIM Irk'I k WI Igo ilivtlilii NI 11 EX$IIBIT A DRAINAGE EASEMENT LAND DESCRIPTION An easement for Drainage purposes located in a portion of St. Charles Industrial Park, Filing No. 1, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the southeast line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1 to bear N. 41 °45'01" E., and all bearings contained herein being relative thereto. Commencing at the intersection of the east line of Lot 1, Block 1, in St. Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 and the northwesterly right -of -way line of Lime Road as recorded at Reception No. 1797037; thence N. 10 °13'08" W., a distance of 257.97 feet to the Point of Beginning; thence N. 87°13'17" W., a distance of 99.19 feet; thence N. 03 °00'08" E., a distance of 133.81 feet; thence N. 60 °51'43" E., a distance of 88.19 feet; thence N. 03 °00'08" E., a distance of 222.59 feet; thence S. 87 °13'17" E., a distance of 24.52 feet; thence S. 03 °00'08" W., a distance of 357.92 feet; thence S. 87 °13'17" E., a distance of 52.38 feet; thence S. 03 °00'08" W., a distance of 3.74 feet; thence N. 87 °13'17" W., a distance of 52.38 feet; thence S. 03 °00'08" W., a distance of 41.37 feet to the Point of Beginning. 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. ` fc �STER 9 -4,'. .. 1i r . 19.12933 s � s Y 1 y.jq 5UR Q David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. September 17, 2012 JN 1200400 Page 1 of 2 • /'Xll/ll T z 1 ...... I I 587'13'17"E 1 24.52' 1 I U 1 I amc II miD ° I 60 04 I 11"15 M ~a I -�ma I N m -� �� I I Z L - ® -a - M N I Nm 0 Z C" I W N �� 1> SCALE' 1 = 100 .+ Y 3 I� S a10 N o I�I 0 50' 100' 200' �'` N 1 tatan W a 1 1••• ID -0 • ICI if, .9a6 I 1 DRAINAGE I EASEMENT a t i S87'13'17 "E ri 52.38' r) c ^ S03'00'08 "W Z 3.74' N8713'17 "W 52.38' / N87'1317 W / LOT 1, BLOCK 1 s03'00'OS w / P.O.B. 11 41.37' / / ST, CHARLES INDUSTRIAL I I / / PARK, FILING N❑, 1 / / <RECEPTI ❑N z / / N❑. 1909383) 01 I / / fI / / / I / / / / / 41 I / , JI 4 e/ e I ,O' / / $ J P.D.C. / / � ' / BASIS OF BEARINGS' /N: Rs / / SOUTHEAST LINE OF LOT 1, BLOCK P ' � • 1, ST. CHARLES INDUSTRIAL PARK, R e / FILING NO. 1 BEARS N41 °45'01'E E ,,e*/ P .. �� t / A 10' PUBLIC UTILITY EASEMENT / LEGEND R E THIS E NTED T L ND S RVEYE WAS ONLY / // P,O.B. POINT OF BEGINNING D PREPARED TO DEPICT THE ATTACHED LAND/ / P,O.C. POINT OF COMMENCEMENT DESCRIPTION. / / FOUND NO. 4 REBAR WITH 1' DIAMETER B YELLOW PLASTIC CAP, P.L.S. 12933 y: NORTHSTAR ENGINEERING AND SURVEYING, INC. _:µ „a, uu4u uvawg „uninn 5wratneaeedrn_n.awg, y ILJ U1L eny:'l van, 1:1 JN 12 004 00 PAGE 2 OF 2