HomeMy WebLinkAbout12664RESOLUTION NO. 12664
A RESOLUTION AUTHORIZING A RELEASE OF
EASEMENT AND RIGHT-OF-WAY FOR TEMPORARY
DRAINAGE IMPROVEMENTS TO QWANZO, LLC, A
COLORADO LIMITED LIABILITY COMPANY, AND THE
YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO,
COLORADO, A COLORADO NON-PROFIT
CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The attached release of easements between Pueblo, a Municipal Corporation,
and QWANZO, 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. 8.
SECTION 3.
This Resolution shall become effective upon final passage and approval.
INTRODUCED: May 13, 2013
BY: Chris Kaufman
Background Paper for Proposed
R
ESOLUTION
DATE: AGENDA ITEM # M-12
May 13, 2013
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT-OF-WAY
FOR TEMPORARY DRAINAGE IMPROVEMENTS TO QWANZO, LLC, A COLORADO
LIMITED LIABILITY COMPANY, AND THE YOUNG MEN'S CHRISTIAN
ASSOCIATION OF PUEBLO, COLORADO, A COLORADO NON-PROFIT
CORPORATION
ISSUE
Should the City Council authorize the release of easement?
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The owner and developer have reconfigured the easements on the proposed plat of
Park West Business Campus, Filing No. 8. 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.
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RESOLUTION 12664 ''^^
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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RELEASE OF EASEMENT
THIS RELEASE OF EASEMENT is made on May 13, , 2013, by Pueblo,
a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado
81003, to QWANZO, LLC, a Colorado Limited Liability Company and the Young Men's Christian
Association of Pueblo, Colorado, a Colorado non - profit corporation of Pueblo, Colorado.
WITNESSETH:
WHEREAS, QWANZO, LLC, a Colorado Limited Liability Company is the developer and
property owner for the property known as the proposed subdivision plat of Park West Business
Campus, Filing No. 8; and
WHEREAS, QWANZO, LLC, a Colorado Limited Liability Company and the Young
Men's Christian Association of Pueblo, Colorado, a Colorado non - profit corporation are the
Grantor and the City is the Grantee of the easement described in attached Exhibit "A "; and
WHEREAS, QWANZO, LLC, a Colorado Limited Liability Company has agreed to grant
to the City of Pueblo alternate easements or rights -of -way for such purposes on the proposed
subdivision plat of Park West Business Campus, Filing No. 8; and
WHEREAS, if the proposed subdivision plat of Park West Business Campus, Filing No.
8, is 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 a• 0 Q o, � PUEB • ' `I"J [ 'ii ORP • - ATION
Ti ' ' a 4k /f'' „jf G , B ,
`` ����4/0,0 PRESIDENT OF CITY COUNCIL
f l` a ,
• ; ATTEST:
4 CIT LERK
State of Colorado )
) ss.
County of Pueblo )
The foregoing instrument was acknowledged before me on May 13 , 2013 , by
Steve Nawrocki as President of City Council, and Gina Dutcher as City Clerk.
Witness my hand and official seal.
My commission expires:
/
JEANETTE R. GONZALES r/
NOTARY PUBLIC �� - � -� ��U� jG /_ /.I
STATE OF COLORADO , itary Public F
NOTARY ID 20134016224
MY COMMISSION EXPIRES MARCH 29, 2017
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Gilbert Ortiz e
111 I 'I�k� 1 f #i 1 111
EXHIBIT A
EASEMENT AND RIGHT OF WAY
(Facilities To Be.Installed And Maintained By Grantor)
THIS EASEMENT, granted this (1 day of illnyPmher' , 2003 , by
{ •. QWANZO , L.L.C. , a , Grantor, to Pueblo, a Municipal Corporation, Grantee:
Colorado limited liability company and the Young Men'e Christian Association of
Pueblo, Colorado, a Colorado non - profit corporation
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 Temp. Drainage Imp rovements • , in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the
Prgpetty), and "B".
Grantor shall install Temporary Drainage Improvements
in the Property in accordance with pldns 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 th'e'Faillties.
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 locatati or erected on the Property any building or any other
structure or manufactured or mobile home of trailer unit.
Grantor warrants to Grantee that;Grantor (a) has good and sufficient right and title in and
to the Property and HI power tog#gp`!Vthis easement and right -of -way, and (b) will defend
Grantee's quiet and peaceibl po';ie9stOYt of the%Property and easement and right -of -way against
all persons who may lawfully claitab:litle;to the. Property.
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'' Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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} "Grantee" shall include the plural aiid This Easement and Right of Way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
' successors and assigns oldie Grantor and Grantee.
.
SIGNED this � i'� day. gf�`Q{li'YJr 2003
,���; 11.. (3RANT
# By: �!'l��
Thomas C. Cone, Manager
QWANZO, L.L.C., a Colorado limited
liability company
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
N A r The foregoing instrument was acknowledged before me this / 1 day of
ove�t , 2003 by Thomas C. Cone, Manager, QWANZO, L.L.C.,
a Colorado limited liability company
Witness my hand and official seal.
- r, � :. ....., i;, mmission Expires: O '
10 E AL) r �''rl ioz �. Aierkbi/c
1
i Notary Public
MyConrnissbn E> %as 10/17t203T
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Gilbert ��� �1 Wf Jr 'County,
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"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 Ajettie y A 2003
{ GRANTO•: /
` Te• y L. • ., President /CEO
; 7 Yo•ng M: a Christian Association of Pueblo.
Colorado, a Colorado non - profit corporation
COUNTY OF PUEBLO )
) 9s.
STATE OF COLORADO )
n ` Th foe oin instrument was acknowledged before me this ( ( day of
, 2003 by Terry Lockwood, President /CEO, Young
Men a Chriet:[an Association of Pueblo,
Witness my hand and official seal. Colorado, a Colorado non - profit corporation
My Commission Expires: 101 (1 Q \ ... • i
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Notary Public
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Gilbert Ortiz Clerk /Recorder, Pueblo County Co
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EXHIBIT A
TEMPORARY STORM DRAINAGE EASEMENT
A parcel of land in the W '/2 of the SW 1/4 of Section 15, Township 20 South, Range 65
West of the 6 P.M. in the County of Pueblo and State of Colorado and being more
particularly described as follows:
Considering the North Tine of Park West Business Campus, Filing No. 2 to bear N.
88 E., and all bearings contained herein being relative thereto.
A Temporary Storm Drainage Easement being 30 feet in width lying 15 feet of each side
of the following described centerline.
Commendng at a point on the Easterly Right- of-Way Nne of Parker Boulevard in Park
{ West Business Campus, Filing No, 1 according to the recorded plat thereof as filed for
record in the County of Pueblo, State of Colorado, said point also being of the North line
of Lot 1, Block 1, In said Park West Business Campus, Filing No. 2, thence N. 88 °4339"
E. along the said North line of Lot 1, Block 1, a distance of 31.51 feet to the True Point
of Beginning; thence S. 00 °41'34 "E., a distance of 1111.26 feet to a Point of Terminus.
•
Containing 0.765 Acres more or less
•
Prepared by: NORTHSTAR ENGINEERING.AND SURVEYING, INC.
111 E. 5 Street
Pueblo, Colorado 81003
June 18, 2003
n
JN 99 045 07
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. • Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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