Loading...
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. Reception 1963793 12/23/2013 03:09:33 PM RESOLUTION 12664 ''^^ 1963793 R EASE 12/23/2013 03:09:33 PM w Page: 1 of - 6 R 36.00 D 0.00 T 36.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co • III FFIEMPlib ' NM illh 11 III 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 • 1963793 R_EASE 12/23/2013 03:09:33 PM Page: 2 of - 6 R 36.00 D 0.00 T 36.00 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. 1555468 DPW t 10 1111 ) 0 03 /1 i/20 4 04:1OP 12,0 /98 Ch PubI EASE R 20.00 0 0.00 • • Y gi 1963793 R EASE 12/23/2013 03:09:33 PM Page: 3 of - 6 R 36.00 D 0.00 T 36.00 '' Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III ir d iNili D li IiI EN } "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 .141 111111111111111111111111111111111 15554 68 au7%11/2 of ti ChrlaO.1ha+os PuebloetyClUMRMo 916E 000 0$.10A R 26,00 0 0.00 • i - . 1963793 R 12/23/2013 03:09:33 PM Page: 4 of 6 R 36.00 D 0.00 T 36.00 Gilbert ��� �1 Wf Jr 'County, ' ti K ' 1 111 "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 (SEAL) t �V v �touZ • S' ?kk4ll�a % 4 . • - •• �N � Notary Public • • • A • /1' Pct' • *Commission Etta 10117/208f 1; • 1111111 11111 N11111 011111111111111111111111111 P 03 111 / 1 1r/2 35 004 °16 0 5 4 8 : 2 0. 18P Chr1sC Plums PuobloCtyC1M°Rao EASE .• R 26.00 D 0.08 • 3 1- 1963793 R EASE 12/23/2013 03:09:33 PM Page: 5 of - 6 R 36.00 D 0.00 T 36.00 Gilbert Ortiz Clerk /Recorder, Pueblo County Co ��� i s �� ��� � III ,ui' II 1555458 1111111111111111 l i ail£;' 03/11 004 /204:18P ChrlaC,Runce PuobloCtyClkPRee L,PV R 26.00 0 8.88 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 4 . I - ,.. ' . ,_ ......... k . 1963793 R EASE 12/23/2013 03:09:33 PM _ Page: 6 of 6 R 36.00 D 0.00 T 36.00 . • Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1 IrdrilViiilifi liulai:IFIINA!I Willi r 11111 i liFfililiq,1144, • 111 ... • 1 ,) t , Exqllorr sy ___z I 1 _ ?koci,,t),‘ - .-- ---- -.-- _I 1 ......____ ,... . 0 . -----............ •....; i: r u. I • 0 C — ----_, -... _ -- ,. rj • 1 r i . .. 4 -'\_ I ,k,'5W 1 I fgest7 1 . tar eV`" P.0.27 I )0.s 1 ...0, , atcv`• co l' \ 1 \ % ,.. la 13 7 :t 1 :4 <i 4, , 1 .. :7• vi;: c..-1.1..V 1 I I Z F- .x., G , ik!./9/0 i "adze: i - —400• . t \ .... -::' 1' LISZEIr I - I 5' I \ I I I .. 41_ ‘ I 1 % s 0 •: ' -L. — • —...:..2...... -.- 2 *. 1 -1---....- I .4 I % _ I s ... 15 ° 41\ \ r'‘ ,- 0 1 )- a 1 . \ . _ • - . . 1 ...., . 1 s t,, .P•0. T 1 ', 1 ' e LOT 2 E ..: P '. hi ''. '' • -- e BLOCK / 1 1 ' NI4 • • .. 4 1 ' 1," • ;,.; ; A B . l'E c: • D V maxima nampossawn MD summon me_ : I_ *-( ...? • 1111 1111 : '' 'Il ' 1,' 13 ill i 03/21/2004 04:10P ChrlsC.Plunes PucbloOvilliMect ERSE R 20.00 0 0.00 • . . I