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HomeMy WebLinkAbout12801RESOLUTION NO. 12801 A RESOLUTION APPROVING AN EASEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND AVILA ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement between Pueblo, a Municipal Corporation, and Avila Enterprises, LLC, a Colorado Limited Liability Company, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 3. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: October 15, 2013 BY: Ed Brown Background Paper for Proposed R ESOLUTION AGENDA ITEM # M-5 DATE: October 15, 2013 DEPARTMENT: PUBLIC WORKS DEPARTMENT DIRECTOR - EARL WILKINSON, PE TITLE A RESOLUTION APPROVING AN EASEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND AVILA ENTERPRISES, LLC, A COLORADO LIMITED LIABILITY COMPANY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the granting of an easement to Avila Enterprises, LLC, a Colorado Limited Liability Company for the purpose of a private sanitary sewer line within a portion of City owned property located in Parcel B, Block 3, Outlook Subdivision, Filing No. 7. RECOMMENDATION Approval of this Resolution BACKGROUND Avila Enterprises, LLC, a Colorado Limited Liability Company has requested an easement within a portion of Parcel B, Block 3, Outlook Subdivision, Filing No. 7, for the purpose of installing a private sanitary sewer service line. FINANCIAL IMPACT There is no financial impact to the City associated with the granting of this easement. Reception 1959068 10/28/2013 12:57:21 PM EASEMENT (City is Grantor) THIS EASEMENT, granted this 15th day of October , 20113 , by PUEBLO, a Municipal Corporation, GRANTOR, to Avila Enterprises, LLC, a Colorado Limited Liability Company, 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, a 12 foot easement and right of way for the purpose of a private sanitary sewer line, in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: See Attached Exhibit TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and repair, and together with the right to use so much of the abutting property of GRANTOR reasonably necessary for said purposes. GRANTEE shall repair any and all damage caused to GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR reserves the right to use and occupy and to permit others to use and occupy said property for any purpose not inconsistent with the right and privilege above granted. GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement. GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall indemnify, defend and hold harmless the GRANTOR, its officers and employees from and against any and all claims, expenses (including reasonable attorney fees), liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the easement hereby granted. "GRANTEE" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors or assigns of the GRANTOR and GRANTEE. This easement shall be deemed abandoned if it is not used for its stated purpose for a period of twenty-four (24) consecutive months. In case of abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except GRANTEE shall not be released or discharged from its indemnification obligations hereunder. PU 0 : unicipa Co 'oration ATTEST: / 41 4�$s.a, r�la �'_ — P� 1 isr , ' ` 1 ,, ' •rest. - ` of the C Council li• City aerk f \ 4 i , COUNTY OF PUEBLO ) 1\ . 97/( a ss. \ I 11 . 11 � A° / STATE OF COLORADO) \ ° , , ,y/ 1 The foregoing instrument was ac '4 . ---:- - efore me in Pueblo County, Colorado th I day of eitb r , 2013 by 61'QU� Mett<WO C16 as President of the City Council and by LVIQ tau -chfi r as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires:, a,IPCh Al a617. i [SEAL] ,'t /i :��_' IPA! !. 4 JEANETTE R. GONZALES otary Public / CA 12/30/0 NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29, 2017 EXHIBIT 1959068 EASE 10/28/2013 12:57:21 PM Pa 2 of 3 R 21.00 D 0 . 0 0 T 21.00 Gilber Ortiz Cle rk /Reco P ueblo County, Co �ar�I� ifli1 �®��' 1l' 1 ia �`�iiME J ,4, MI111 PRIVATE SANITARY SEWER LINE EASEMENT A 12 Foot wide Private Sanitary Sewer Line Easement across a portion of Parcel B, Block 3 of Outlook Subdivision Filing No. 7 according to the recorded plat recorded July 31, 1974 under Reception No. 477490 of the Pueblo County Records and being 8.0 Feet right and 4.0 Feet left of the following described centerline: Beginning at a Point on the west line of Lot 1 of said Block 3 From which the southwest corner of said Lot 1 bears S 15 °17'40" W a distance of 54.39 Feet; Thence S 58°55'16" W a distance of 46.39 Feet to a Point 8 Feet east of the west line of said Parcel B; Thence S 15 °17'40" W parallel to the west line of said Parcel B a distance of 245.69 Feet to the southerly line of said Parcel B and the terminus of said Easement. • 1959068 EASE 10/28/2013 12:57:21 PM Page: 3 3 R 21. 0.00 T 21.00 Gilber Ortiz of Clerk /Recorder D , Pueblo Count Co III MU N i ,P A Ki N Ni ti &V Oki, MI II EAGLERIDGE BL VD, 47th STREET 89° 4 7' 17' E L '0,25 -7:74,73-0----1-s l 8 R 550.00 1 PRIVATE W SANITARY SEWER v. LINE EASEMENT o N ti ca s0- LOT 1 0 (U N , 1 .55 - P013 5 . ," ' ON Q AsJ h I 131.77 SCALE: 1" = 60' / N 89° 47' 17' W IL / ' » i' :::11/444 . \\ V �, / 1� W e 3 F 0 ti c\--- � )(,\(\ / 0 ,0 1 / / 4' / \/° PARK N IN ' l 12' . / PARCEL B t Pedesrian, Drainage & Utility Easement I 8 0 �� 2 20 Sanita'ry'S: er A Sv Ea s e ment e � 20.18 Ni � .c' ca <9 Cis BOUNDARIES UNLIMITED 9v' LAND SURVEYING 29244 KAREN ROAD PUEBLO, COLORADO 81006 (719) 948 -4860 For+ AIM 13138ease.OWG