The URL can be used to link to this page

Home My WebLink About12979 RESOLUTION NO. 12979 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND MWSH PUEBLO, LLC BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement Agreement between the City of Pueblo, a Municipal Corporation, and MWSH Pueblo, LLC, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. 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 and the attached agreement to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: June 9, 2014 BY: Ami Nawrocki COUNCILPERSON M-5 City Clerk’s Office Item # Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 9, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk From: Gene Michael, Wastewater Director A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY SUBJECT: AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND MWSH PUEBLO, LLC SUMMARY: Attached is a resolution accepting a sanitary sewer easement regarding Lot 1 in Park West Business Campus, Filing No. 7 between the City and MWSH Pueblo, LLC. PREVIOUS COUNCIL ACTION : None. BACKGROUND : MWSH Pueblo, LLC is granting to the City of Pueblo a 16-foot wide sanitary sewer easement through Lot 1 in Park West Business Campus, Filing No. 7 for the purpose of maintaining a sanitary sewer main and manholes. FINANCIAL IMPLICATIONS : None. BOARD/COMMISSION RECOMMENDATION : Not applicable. STAKEHOLDER PROCESS : Not applicable. ALTERNATIVES : The easement will allow the Wastewater Department to maintain an 8-inch sanitary main that lies partially on private property and will receive wastewater from the sewer developer’s project. Not accepting the easement will leave the Wastewater Department with no means of accessing the main, and could make the development sanitary sewer project infeasible. RECOMMENDATION : Approval of the Resolution. Attachments : Easement Agreement between MWSH Pueblo, LLC and the City of Pueblo re: Resolution 12979 Reception 1977344 06/13/2014 03:51:33 PM EASEMENT THIS EASEMENT, granted this 13 th day of J , 2014, by MWSH Pueblo, LLC, 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, a 16 foot easement for the purpose of constructing and maintaining a sanitary sewer and its appurtenances, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: SEE ATTACHED EXHIBIT A TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair,, and together with the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent 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 any building or any other structure upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. 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 (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this 13 day of /)7 ■ , 20 19. cJ Grantor: e,- SH Pueblo, LLC BY: Xelle a/Y4 I171kt-. COUNTY OF /u,nx , ) Title: ,yt ss. STATE OF 4A ) The foregoing instrument was acknowledged before me this /3 day of ?71t ,20 _by kr YeyD.Namfldvrt, • Witness my hand and official seal. s �f "►. OFFICIAL SEAL r ,'� LILLIAN J BUSCH ) My commission expires: dez..7 of /�Q /� NOTARY PUBLIC - OREGON 1 if COMMISSION NO. 454837 a MY COMMISSION EXPIRES JANUARY 21, 2015 [SEAL] d11644■Lida,44/-- / . -�-ti- - �-�-�-`-`-�- `-�-��-� -�-v Notary Public 05/07/14 : . EXHIBIT A EASEMENT DESCRIPTION A 16 FOOT WIDE SANITARY SEWER EASEMENT BEING A PART OF LOT 1 IN PARK WEST BUSINESS CAMPUS, FILING NO. 7, A PLAT RECORDED IN THE CITY AND COUNTY OF PUEBLO AT RECEPTION NO. 1901886, SAID HI PARCEL BEING A PART OF THE SOUTHWEST QUARTER OF SECTION 15, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 15, AND ASSUMING THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 15, BEING MONUMENTED AS SHOWN HEREON, TO BEAR NORTH 88'42'57" EAST, A DISTANCE OF 1299.94 FEET WITH ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO; THENCE NORTH 86'43'37" EAST, A DISTANCE OF 619.78 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID LOT 1, SAID POINT BEING THE POINT OF BEGINNING; THENCE NORTH 58'57'59 " A DISTANCE OF 173.61' FEET; THENCE NORTH 69'21'29" WEST, A. DISTANCE OF 104.99 FEET; =t . THENCE NORTH 20'38'31" EAST, A DISTANCE OF 16.00 FEET; ° THENCE SOUTH 69'21'29" EAST, A DISTANCE OF 106.44 FEET; •• r THENCE SOUTH 58'57'59" EAST, A DISTANCE OF 176.89 FEET TO SAID SOUTHEASTERLY LINE OF LOT 1; • THENCE SOUTH 3712'47" WEST ALONG SAID SOUTHEASTERLY LINE OF LOT 1, A DISTANCE OF 16.10 FEET TO a '" THE POINT OF BEGINNING. �!x SAID EASEMENT PARCEL CONTAINING A CALCULATED NET AREA OF 4,495 SQUARE FEET, OR 0.1032 ACRES, MORE OR LESS. zu Qy V1 r• I $ V3: > N I, JAMES M. ROAKE, A SURVEYOR LICENSED IN THE STATE OF COLORADO, DO . HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT s WERE PREPARED BY ME .•R UNDER MY DIRECT SUPERVISION AND CHECKING. E C /; \ . • ®•• •• • 11 , 1 ■ • ` ° • • I LL • 37:.:9 •�� Page: 20 of 3 R 2 1.00 D 0.00 T 21.00 � � • �� . / 1977344 EASE 06/13/2014 03:51:33 PM ® j Gilber rtiz Cler Pueblo County Co III K V ti ,a r 111 s \�AL JAMES M. ROAKE, PLS 37898 FOR AND ON BEHALF OF MANHARD CONSULTING Manhard- PARK WEST BUSINESS CAMPUS, FILING NO. 7 z CITY AND COUNTY OF PUEBLO, COLORADO ter; EASEMENT EXHIBIT TM PROJ. MGR.: MR SHEET DRAWN ST: a, 7442 South Tucson Wey, Suite 190 -A, Centennial, CO 80112 ph:303.708.0500 fx:303.708.0400 manherd.com OF 2 Civil Engineers • Surveyors • Water Resource Engineers • Water & Wastewater Engineers DATE: 05/09/14 �+ Construction Managers • Environmental Scientists • Landscape Architects • Planners SCALE: N/A MWSPUC 080122 02014 ALL RIGHTS RESERVED .. ., ,... 4 � , ,. , .„,.., GRAPHIC SCALE 100 0 20 100 200 1 1V V ( IN FEET ) 1 Inch = 100tt. . A 0 4. gam, IQ ' _ lit. , S 58'5759 E /04. 99, 9 � 176.89' • 16' SANITARY EASEMENT • POINT OF COMMENCING ±4,495 S.F. • SW CORNER " OF SECTION 15 ± 0.1032 AC. r 1 S • i C FOUND 3.25 B.C., BLM 1984 J 8 I Co e; " E 619.78' — ~ � ,` A 181'5 � � - -- N 86'4337 -- _ _ - -- _ -- — `� — — —1 my ~ 12 . , L INE SW 1/4 /4 SW 1 /4 SECTION 15 N88'42'57 "E 1299.94' ,* . ENT P RCEL . ., a �O P NT OF BEGINNING I LOT 1 O PARK WEST BUSINESS S 37'3 47' w CAMPUS, PILING NO. 7 16.10' ; � ' RECORDED 03/16/14, RECEPTION NO. 1901886 LOT 3 1 SE CORNER SW 1/4 SW 1/4 SECTION 15,J x FOUND 3.25" A.C., LS. 12933 — 1977344 EASE 06/13/2014 03:51:33 PM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III °" I i:I 4 Wit' 01 1111,1, Idi0 MI III NOTE: ENOTES CHANGE OF • DIRECTION ONLY. THIS EXHIBIT s • DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED ONLY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. • E> PARK WEST BUSINESS CAMPUS, FILING NO.7 z° CITY AND COUNTY OF PUEBLO, COLORADO EASEMENT EXHIBIT :°," T M PHOJ. MGR.: �R SH EET A CONSULTING DRAWN BY: 7442 South Tucson Way, Suite 120.A, Centennial, CO 80112 ph.303 709.0500 fx 303.706 0400 manherd.cam D6��4 OF , ,. Civil Engineers • Surveyors • Water Resource Engineers • Water & Wastewater Engineers DATE: . Construction Managers • Environmental Scientists • Landscape Architects • Planners SCALE: 1" •100' MWSPUC 080122 x , ALL RIGHTS RESERVED