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HomeMy WebLinkAbout13533 RESOLUTION NO. 13533 A RESOLUTION ACCEPTING EASEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER AND STORM SEWERS ASSOCIATED WITH THE PROPOSED TH WEST 11 STREET BRIDGE REPLACEMENT PROJECT WHEREAS, the owners of real property located in the vicinity of the existing and proposed th W. 11 Street Bridge granted Easements to the City of Pueblo, and WHEREAS, such easements are necessary for the construction of the sanitary sewer and th storm sewers associated with the proposed W. 11 Street Bridge Replacement and adjacent roadway improvements; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements (PE5, PE8, PE9 & PE18) for construction and maintenance of the sanitary th sewer and storm sewers associated with the W. 11 Street Bridge Replacement project, a copy of each is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause same to be recorded in the Office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. 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 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: October 11, 2016 BY: Ed Brown City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 11, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION ACCEPTING EASEMENTS FOR THE CONSTRUCTION AND MAINTENANCE OF SANITARY SEWER AND STORM SEWERS ASSOCIATED TH WITH THE PROPOSED WEST 11 STREET BRIDGE REPLACEMENT PROJECT SUMMARY: Attached is a Resolution accepting easements for construction and maintenance of the sanitary th and storm sewer associated with the proposed W. 11 Street Bridge Replacement project from Lucky Star Properties, LLLC, a MAINE LIMITED PARTNERSHIP (PE-5) and from the Pueblo Conservancy District (PE8, PE9 & PE18). PREVIOUS COUNCIL ACTION: th 2010 Ordinance No. 8170 accepting a FHWA grant, establishing the W. 11 Street Bridge Replacement project, budgeting and appropriating funding and approving an IGA w/ CDOT 2010 Resolution No. 11846 to Award Engineering Design Services Contract to URS (now AECOM) 2013 Ordinance No. 8584 Accepting a second grant FHWA Grant 2013 Ordinance No. 8585 Accepting remainder of FHWA Grant BACKGROUND: th The geometry of the proposed W. 11 Street Bridge replacement and associated utilities (sanitary and storm sewers) required easements from adjoining property owners. FINANCIAL IMPLICATIONS: All real property Easements described herein were acquired through donation. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: The City of Pueblo has held two public meetings concerning the bridge replacement project. ALTERNATIVES: None RECOMMENDATION: Approval of this Resolution. Attachments: Easement: PE5, PE8, PE9 & PE18) re: Resolution 13533 Reception 2051117 10/17/2016 03:07:16 PM EASEMENT THIS EASEMENT, granted this 20 day of /VOL4-"&/ , 2015, by Lucky Star Limited Partnership, LLLP, a Colorado limited liability limited partnership, 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 4,250 square foot easement for the purpose of Construction and Maintenance ofSanitary Sewer, in,through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: See attached Exhibit "A" and "B" for PE-5, FAP Project No.: BRO M086-055; Project Code: 17055 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, he binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this 20 day of A v„tet , . 2015. Grantor: Lucky Star Limited Partite ship, LLLP, a Colorado Limited Liability Limit d Partnership By Evergreen Partners, LLC,a Mai a Limited Liability Co tpany,its General Par ner By , " Charles E. •Hen COUNTY OF ESSEX ) )ss. STATE OF MA ) The foregoing instrument was acknowledged before me this)- ' day of a L-t--,2015 by Lucky Star Limited Partnership, LLLP, a Colorado limited liability limited partnership by Evergreen Partners, LLC,a Maine Limited Liability Company,Its General Partner by Charles E. Allen.. Witness my hand and official seal. My commission expires: P'r'y ,---2-c"/ r , 2,...... __ WILLIAM F. BOWEN i [SQA r = y= NOTARY PUBLIC 0 =_11-31 COMMONWEALTH OF MASSACHUSETTS j Notary Public ? ' My Comm,Expires Feb.26,2021 CA 12/30/0' 2051117 EASE 10/17/2016 03:07:16 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz ClerkiRecorder, Pueblo County; Co III kiraRYA Pici M°I,9,Lir0,114 ID?Ili 4Ng iviii 11 III EXHIBIT "A" Project No. BRO M086-055 Unit II Project Code: 17055 Date: October 30,2015 Easement Purpose: Construction and Maintenance of Sanitary Sewer DESCRIPTION A tract or parcel No.PE5 of the City of Pueblo, State of Colorado, Project No. BRO M086-055 Unit II located in a portion of Lots 21 thru 28, Block 24, and part of vacated Graham Avenue of Adee, Chamberlin and Wiley's Subdivision Second Filing recorded in plat book 4, Page 18 in the records of Pueblo County, Colorado, also, a portion of Lots 28 thru 30, Block 20 of Adee,Chamberlin and Wiley's Subdivision recorded in plat book 4,Page 9, in the records of Pueblo County, Colorado, located in the SW 1/4 of Section 26, Township 20 South, and Range 65 West of the 6th Principal Meridian, City of Pueblo, Pueblo County, Colorado, more particularly described as follows: Commencing at the Southwest Block Corner of Block 23, Adee, Chamberlin and Wiley's Subdivision Second Filing recorded in plat book 4, Page 18 in the records of Pueblo County, Colorado, said point located at the centerline intersection of Adee Avenue and West 11t Street, Thence N86°55'52"E a distance of 859.51 feet to the Southeast corner of said Lot 30, Block 20 of Adee, Chamberlin and Wiley's Subdivision; Thence N00°24'46"W on the East line of said Lot 30, a distance of 23.09 feet to the Point of Beginning; 1) Thence N00°24'46"W continuing on said East line,a distance of 21.01 feet; 2) Thence S71°42'32"W a distance of 111.06 feet; 3) Thence S89°35'59"W a distance of 221.64 feet; 4) Thence S00°24'01"E a distance of 10.00 feet to the North Right-of-Way Line of West 11th Street; 5) Thence N89°35'59"E on said North Right-of-Way Line,a distance of 247.95 feet; 6) Thence N89°35'14"E continuing on said North Right-of-Way Line,a distance of 7.82 feet 7) Thence N71°42'32"E a distance of 75.21 feet to the point of beginning. The above tract of land contains 4,250 square feet or 0.098 acres, more or less. Basis of Bearings: bearings used in the calculations of coordinates are based on a grid bearing of N00°24'01"W. line bears from the block monument(rr spike in concrete, in monument box)located at the intersection of Adee Avenue and West 11th Street and the block monument(1"rod in concrete, in monument box)located at the intersection of Adee Avenue and West 16th Street. The forgoing description has been prepared by or under my direct supervision. Al. . ' • iI oQ• OI',• James F.Lenz PLS 34583 5 3 For and on behalf of Ridgeline Land Surveying LLC. '- $ve i/6 eeQ . 0/n .e.se•.eeN r AL LANA Page 1 of 1 ' - EXHIBIT "B" PERMANENT EASEMENT CITY OF PUEBLO 11TH STREET BRIDGE REPLACEMENT A TRACT OR PARCEL NO.PE5 OF THE CITY OF PUEBLO, STATE OF COLORADO, PROJECT NO. BRO M086-055 UNIT II LOCATED IN A PORTION OF LOTS 21 THRU 28, BLOCK 24, AND PART OF VACATED GRAHAM AVENUE OF ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION SECOND FILING RECORDED IN PLAT BOOK 4, PAGE 18 IN THE RECORDS OF PUEBLO COUNTY, COLORADO, ALSO, A PORTION OF LOTS 28 THRU 30, BLOCK 20 OF ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION RECORDED IN PLAT BOOK 4, PACE 9, IN THE RECORDS OF PUEBLO COUNTY, COLORADO, LOCATED IN THE SW 1/4 OF SECTION 26, TOWNSHIP 20 SOUTH, AND RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO SHEET 1 OF 1 J 526320001 CITY OF PUEBLO BLK 24 ADEE, CHAMBERLIN AND WILEY'S SUB 2ND FILING BLK zo —-1 Bat' 23 ADEE, CHAMBERLIN 526315008 AND WILEY'S SUB LUCKY STAR LP LLLP I 65 REC.NO. 1756880 et O N00'24'46"W O 21.01' ! PE5 4,250 SQ. FT ,.,N / - 0.098 ACRES i,42'32 S1 1 .06' 32. / P.0.8. TE5 S89'35'5911' 221.64' PE'r 11:11414. ,fig 21' N00. 0.24'46"WI grArArArtirdrAPPAPINFAVArArArirarlirOW SO0'24'01 E N89'35'59 E 247.95' -7" ROD IN RANGE BOX 10.00' N86.55 52"E N00'24'01"W 859.51' N89'35'14 E 1679.94 WEST 1 1 TH STREET 7.62 P.D.C. RR SPIKE IN RANGE BOX (ROW VARIES) 2051117 EASE 10/17/2016 03:07:16 PM Page: 3 of 3 R 21 .00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co III PiMilMlairii15 Miff YAK lif1r111 11111 SCALE 1"=60' DATE: 10/30/15 .RIDGELINE THIS SURVEY MAP DOES NOT REPRESENT A LAND SUR VEYING LLC SU MONUMENTED SURVEY. 31 EAST PLATTE AVE, SUITE 206 COLORADO SPRINGS, CO 80903 TEL: (719) 238-2917 re: Resolution 13533 Reception 2051118 10/17/2016 03:07:16 PM EASEMENT THIS EASEMENT, granted this Pr day of i'L-z:ve.w e.+., , 2015, by The Pueblo Conservancy District,a public corporation,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 1,000 square foot easement for the purpose of Construction and Maintenance of Sanitary Sewer,in,through,over,under and across Grantor's property situated in Pueblo County,Colorado,and described as follows: See attached Exhibits"A" and"B" for PE-8, FAP Project No.: BRO M086-055; Project Code: 17055 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 Grantee'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 a 14 day of ,2015. Grantor: The Pueblo Conservancy District, a public corporation By: anJ- Title: President COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2'1 day of )3c *.lt L4,.J ,2015 by Paul J. Willumstad_as President for The Pueblo Conservancy District,a public corporation. Witness my hand and official seal. My commission expires: l0`K`Zen 7 . DONALD J BANNER [ S A L] NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 19874009263 MY COMMISSION EXPIRES OCTOBER 11, 2017 CA s • • 2051118 EASE 10/17/2016 03:07:16 PM • Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder: Pueblo County, Co • III 11,1 FAT Fr Uligiu ' er1,6 kik, MI III EXHIBIT "A" Project No. BRO M086-055 Unit II Project Code: 17055 Date: November 11, 2015 Easement Purpose: Construction and Maintenance of Sanitary Sewer DESCRIPTION A tract or parcel No.PE8 of the City of Pueblo, State of Colorado, Project No. BRO M086-055 Unit II located in a portion of Lots 39 and 40, Block 20 of Adee, Chamberlin and Wiley's Subdivision recorded in plat book 4, Page 9, in the records of Pueblo County, Colorado, located in the SW 1/4 of Section 26, Township 20 South, and Range 65 West of the 6th Principal Meridian, City of Pueblo, Pueblo County, Colorado, more particularly described as follows: Commencing at the Southwest Block Corner of Block 23, Adee, Chamberlin and Wiley's Subdivision Second Filing recorded in plat book 4, Page 18 in the records of Pueblo County, Colorado, said point located at the centerline intersection of Adee Avenue and West 11`h Street, Thence N87°31'47"E a distance of 1109.32 feet to the Southeast corner of said Lot 40, Block 20; Thence N00°24'46"W on the East line of said Lot 40, a distance of 44.88 feet to the Point of Beginning; 1) Thence N00°24'46"W continuing on said East line,a distance of 20.00 feet; 2) Thence S89°44'09"W a distance of 50.00 feet to the West line of said Lot 39; 3) Thence SO0°24'46"E on said West line,a distance of 20.00 feet; 4) Thence N89°44'09"E a distance of 50.00 feet to the point of beginning. The above tract of land contains 1,000 square feet or 0.023 acres, more or less. Basis of Bearings: bearings used in the calculations of coordinates are based on a grid bearing of NO0°24'01"W. line bears from the block monument(rr spike in concrete, in monument box)located at the intersection of Adee Avenue and West 1 lth Street and the block monument(1" rod in concrete, in monument box) located at the intersection of Adee Avenue and West 16th Street. The forgoing description has been prepared by or under my direct supervision. A_4(10;',. 'Er. ;` •. James F. Lenz PLS 34583I ;;"��,••'°��F� For and on behalf of sI c)® • Ridgeline Land Surveying LLC. s '� I s #v = 83 tg cis, 1I,' lissJ f Page 1 of 1 C . 0 ~; ' EXHIBIT "B" • . PERMANENT EASEMENT CITY OF PUEBLO 11TH STREET BRIDGE REPLACEMENT A TRACT OR PARCEL NO.PE8 OF THE CITY OF PUEBLO, STATE OF COLORADO, PROJECT NO. BRO M086-055 UNIT II LOCATED IN A PORTION OF LOTS 39 AND 40, BLOCK 20 OF ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION RECORDED IN PLAT BOOK 4, PACE 9, IN THE RECORDS OF PUEBLO COUNTY, COLORADO, LOCATED IN THE SW 1/4 OF SECTION 26, TOWNSHIP 20 SOUTH, AND R4NCE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO SHEET 1 OF 1 LiLW -- -- -- : 3 LU Lid 0 o N 1 526320008 Z g '4 `13 w� 526320006 e.' CONS DIST = z o CITY OF PUEBLO 8597,P453 i PE8 0 ' 61785,P241 1,000 SQ. FT. z m S89'44'09"W 0.023 ACRES w a, SO0'24'46"E 50.00' 20.00' ���,► N00'24'46"W I w �PEE 20.00' BLK 20 • Amur ADEE, CHAMBERLIN N89'44'09"E P.O.B. 50.00' AND WILEY'S SUB i t.---N00'24'46"W 44.88' L _i___ _ 1 " ROD IN RANGE BOX 1 NO 1679.' 79'94' W �8�•-5'\ � 2 11°9 � WEST 1 1 TH STREET P.O.C. RR SPIKE (80 FEET WIDE) IN RANGE BOX ,, --- -- -- -- -- 1 _. rm 2051118 EASE 10/17/2016 03:07:16 PM Page: 3 of 3 R 21.00 pe 0.00 11 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co —N— ARIDGELINE LAND SURVEYING LLC THIS SURVEY MAP DOES NOT REPRESENT A SCALE 1"=40' 31 EAST PLATTE AVE, SUITE 206 MONUMENTED SURVEY. DATE: 11/11/15 COLORADO SPRINGS, CO 80903 TEL: (719) 238-2917 re: Resolution 13533 Reception 2051119 10/17/2016 03:07:16 PM EASEMENT THIS EASEMENT, granted this 241 day of /l?a.,uco-Jese•-. , 2015, by The Pueblo Conservancy District, 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 5,196 square foot easement for the purpose of Construction and Maintenance of Sanitary Sewer,in,through,over,under and across Grantor's property situated in Pueblo County,Colorado,and described as follows: See attached Exhibits"A" and"B" for PE-9, FAP Project No.: BRO M086-055; Project Code: 17055 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 Grantee'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 2`( day of (am vQ14,4.1e4._ , 2015. Grantor: The P eblo ConservancylDistrict, By:p lam/ Title: President COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of3vcm.t6ek...,2015 by Paul J. Willumstad as President for The Pueblo Conservancy District. Witness my hand and official seal. My commission expires: l D`11 izot 7 [ SEAL ] DONALD `o° J BANNER .a..``- NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 19874009263 MY COMMISSION EXPIRES OCTOBER 11, 2017 CA 12/30/08 w 2051119 EASE 10/17/2016 03:07:16 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co III RIPE, lNb i1ohh " �ll, � � �r�� 11111 EXHIBIT "A" Project No. BRO M086-055 Unit II Project Code: 17055 Date: November 11, 2015 Easement Purpose: Construction and Maintenance of Sanitary Sewer DESCRIPTION A tract or parcel No.PE9 of the City of Pueblo, State of Colorado, Project No. BRO M086-055 Unit II located in a portion of Lots 21 thru 30, Block 19 of Adee, Chamberlin and Wiley's Subdivision recorded in plat book 4, Page 9, in the records of Pueblo County, Colorado, located in the SW 1/4 of Section 26, Township 20 South, and Range 65 West of the 6th Principal Meridian, City of Pueblo, Pueblo County, Colorado, more particularly described as follows: Commencing at the Southwest Block Corner of Block 23, Adee, Chamberlin and Wiley's Subdivision Second Filing recorded in plat book 4, Page 18 in the records of Pueblo County, Colorado, said point located at the centerline intersection of Adee Avenue and West 11`h Street, Thence N88°58'44"E a distance of 1419.15 feet to the Southeast corner of said Lot 30, Block 19; Thence N00°24'46"W on the East line of said Lot 30, a distance of 17.66 feet to the Point of Beginning; 1) Thence N00°24'46"W continuing on said East line, a distance of 46.42 feet; 2) Thence S89°44'09"W a distance of 250.00 feet to the West line of said Lot 21; 3) Thence S00°24'46"E on said West line,a distance of 20.00 feet; 4) Thence N89°44'09"E a distance of 235.20 feet; 5) Thence S29°38'16"E a distance of 30.32 feet to the point of beginning. The above tract of land contains 5,196 square feet or 0.119 acres, more or less. Basis of Bearings: bearings used in the calculations of coordinates are based on a grid bearing of N00°24'01"W. line bears from the block monument(rr spike in concrete, in monument box) located at the intersection of Adee Avenue and West I lth Street and the block monument(1" rod in concrete, in monument box) located at the intersection of Adee Avenue and West 16th Street. The forgoing description has been prepared by or under my direct supervision. James F. Lenz PLS 34583 �� c<%el, For and on behalf of r a/ 34583 Ridgeline Land Surveying LLC. S s Vit II/4451 /• 0 jI %, IL LAW----- Page Page 1 of 1 I " EXHIBIT "B" PERMANENT EASEMENT CITY OF PUEBLO 11TH STREET BRIDGE REPLACEMENT A TRACT OR PARCEL NO.PE9 OF THE CITY OF PUEBLO, STATE OF COLORADO, PROJECT NO. BRO M086-055 UNIT II LOCATED IN A PORTION OF LOTS 21 THRU 30, BLOCK 19 OF ADEE, CHAMBERLIN AND WILEY'S SUBDIVISION RECORDED IN PLAT BOOK 4, PAGE 9, IN THE RECORDS OF PUEBLO COUNTY, COLORADO, LOCATED IN THE SW 1/4 OF SECTION 26, TOWNSHIP 20 SOUTH, AND RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO SHEET 1 OP 1 i I BLK 19 (TE9 ADEE, CHAMBERLIN TE9 AND WILEY'S SUB 30,000 So. FT. 0.689 ACRES -tea_ S89'44'09"W 250.00' -- 7 ‘,S00'24'46y Z u ..001 // PE9 / it: ,:n. N89'44'09"E 526321007 235.20' Nom.' �'•o CONS D1ST S29'38'16"E °� ^Nom PE9 8336,P503 (TE9 ) 30.32' rea -~-� 5,196 SOFT •G V 0.119 ACRES 8590,P76N00'24'46"W --.._� P.O.B. mma` 17.66' -- w _ _ • a-® 1" ROD IN RANGE BOX Nm o v.._13• r •a N00'24'01"W 1679.94' SI87.56 '44E WEST 1 1 TH STREET NM 19,t5w. (80 FEET WIDE) a " P.O.C. RR SPIKE o, IN RANGE BOXmMo ,� y• a N O1Q= -- -- -- -- ZIA �``OQO �,� �( - Nati Jc�\' 1)0 Zi,6 0''bri:\. ea 7 Z —N— AIRIDGELIINE THIS SURVEY MAP DOES NOT REPRESENT A SCALE 1"=50' LAND SURVEYING LLC MONUMENT-ED SURVEY. DATE: 11/11/15 31 EAST PLATTE AVE, SUITE 206 COLORADO SPRINGS, CO 80903 TEL: (719) 238-2917 i re: Resolution 13533 Reception 2051120 10/17/2016 03:07:16 PM EASEMENT THIS EASEMENT, granted this 714 day of ACCIA,t,‘eV' , 2015, by The Pueblo Conservancy District,a Public Corporation,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 9,923 square foot easement for the purpose of Maintenance of Stormwater Facilities,in, through,over,under and across Grantor's property situated in Pueblo County,Colorado,and described as follows: See attached Exhibits"A"and "B"for PE18, FAP No. BRP-M086-055, Project Code: 17055 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 Grantee'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 K day of /1,Cst14k` .1.. , 2015. Grantor: The Pueblo Conservancy District, a Public Corporation By:67 Title: President COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) Litt 1 The foregoing instrument was acknowledged before me this day of 1ekCets.4. li ,2015 by Paul J. Willumstad as President for The Pueblo Conservancy District, a Public Corporation. Witness my hand and official seal. My commission expires: (Pitt/ [i017 C [ SEAL] DONALD J BANNER NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID 19874009263 MY COMMISSION EXPIRES OCTOBER 11,2017 CA 12/30/08 AIL 20ail51eoSE R 02000037:260 • Ggbert Ortiz Clerk/Recorder, Pueblo County, Co - III k!llefVIllt'NITA'P il' labiinMILIIKP/rlidA YI 1111 EXHIBIT "A" Project No. BRO M086-055 Project Code: 17055 Date: December 2,2015 Easement Purpose: Maintenance of Stormwater Facilities DESCRIPTION A tract or parcel No.PE18 of the City of Pueblo, State of Colorado,Project No.BRO M086-055 Unit II located in a portion of Block 21, and the West 1/2 of vacated Hunter Avenue lying South of West 11th Street Right-of-Way and the vacated portion of the alleys within said Block 21,Adee, Chamberlin and Wiley's Subdivision recorded in plat book 4,Page 9,in the records of Pueblo County,Colorado.More particularly described as follows: Commencing at the Southwest Block Corner of Block 23,Adee,Chamberlin and Wiley's Subdivision Second Filing recorded in plat book 4,Page 18 in the records of Pueblo County,Colorado,said point located at the centerline intersection of Adee Avenue and West 11th Street,Thence S88°23'32"E a distance of 1139.30 feet to the Northeast corner of the West 1/2 of said vacated Hunter Avenue,point being on the south Right-of-Way line of West 11th Street;Thence S00°24'46"E a distance of 18.00 feet to the Point of Beginning; 1) Thence S00°24'46"E a distance of 130.65 feet to the Northerly Right-of-Way Line of a 30 foot wide Public Right-of-Way as described in Book 621,Page 303 in the records of Pueblo County,and a non-tangent curve to the right; 2) Thence on the arc of said curve and Northerly Right-of-Way Line, having a radius of 85.00 feet,a delta angle of 23°14'24",an arc length of 34.48 feet,whose long chord bears S66°12'33"W a distance of 34.24 feet; 3) Thence S79°04'29"W on said Northerly Right-of-Way Line,a distance of 59.49 feet; 4) Thence NO0°24'46"W a distance of 84.11 feet; 5) Thence N51°18'17"E a distance of 114.56 feet to Point of Beginning. The above tract of land contains 9,923 square feet or 0.228 acres,more or less. Basis of Bearings: bearings used in the calculations of coordinates are based on a grid bearing of N00°24'01"W. line bears from the block monument(rr spike in concrete,in monument box)located at the intersection of Adee Avenue and West 1 lth Street and the block monument(1" rod in concrete, in monument box)located at the intersection of Adee Avenue and West 16th Street. The forgoing description has been prepared by or under my direct supervision. James F.Lenz PLS 34583 co 0 N For and on behalf of i 34583 Ridgeline Land Surveying LLC o o //S : ` AL LANG - Page 1 of 1 cr' 0 EXHIBIT "B" r * PERMANENT EASEMENT CITY OF PUEBLO 11TH STREET BRIDGE REPLACEMENT A TRACT OR PARCEL NO.PE18 OF THE CITY OF PUEBLO, STATE OF COLORADO, PROJECT NO. BRO AI086-055 UNIT II LOCATED IN A PORTION OF THE WEST 1/2 OF THE SW 1/4 OF SECTION 26, TOWNSHIP 20 SOUTH, AND RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF PUEBLO, PUEBLO COUNTY, COLORADO. SHEET 1 OF 2 // I / _ 1" ROD IN RANGE BOX DEED 81166 / NO0'24'01"W — P599 / 1679.94 WEST 11TH STREET PUEBLO WATER / / P.O.C. RR SPIKE (80 FEET WIDE) MI WORKS / / IN RANGE BOX - / S88 1139 X32 f V.e // / S00'24'46"E D,.1�= 18.00' !-!N o_° / rI--9� / / 0'' 526324007 LOma / - 10 6 CONS DIST . 0w - 7-/ ow—/ / 0 .\\k. -: o B590,P54m v 1./ /526328001 �� ....43a N / / CONS DIST PE 18 / W B596,P396 9, •2 Q. a W o"—_ / / B590,P73 /0 2 /77 `, N ' cmcB608,P72 / o / �...WIE B608,P82 �r G=23'14'24" v '� 010= / m ro.. // b R=85.00' N rd _GM co/L=34.48' , / Ado, ,- 7/// }29"W ,.z, _,_..,,— _�a - POWDEEDED TO - 0 WIDE OF PUEPAGE 303 (1925) �,,;�-- g00K 621 _ J 1v N— RIDGELINE THIS SURVEY MAP DOES NOT REPRESENT ALAND SUR VEYING LLC THIS SURVEY EY SURVEY. SCALE 1"=50' 31 EAST PLATTE AVE, SUITE 206 DATE: 7/15/15 COLORADO SPRINGS, CO 80903 TEL: (719) 238-2917