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Home My WebLink About13542 RESOLUTION NO. 13542 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY FOR STORM SEWER TO RUSSELL IANNE AND TONY IANNE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached release of easement and right of way between Pueblo, a Municipal Corporation, and Russell Ianne and Tony Ianne, 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 New Horizons Subdivision. The recording fees for this Release are to be paid for by the owner of said plat. 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 and the agreement to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: November 14, 2016 BY: Ed Brown City Clerk’s Office Item # M-3 Background Paper for Proposed RESOLUTION COUNCIL MEETING DATE: November 14, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Jeff Bailey, P.E., Assistant City Manager for Stormwater SUBJECT: A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY FOR STORM SEWER TO RUSSELL IANNE AND TONY IANNE SUMMARY: This Resolution authorizes a release of easement for drainage improvements. PREVIOUS COUNCIL ACTION: None BACKGROUND: The owner and developer, New Horizons, Inc., have reconfigured easements on the plat of New Horizons Subdivision to accommodate the redevelopment of the site and this easement is no longer required since the site drainage has been modified. Under a separate Resolution will be another release of easement for this same property. FINANCIAL IMPLICATIONS: There is no financial impact to the City of Pueblo with this action. BOARD/COMMISSION RECOMMENDATION: Not applicable for this Resolution STAKEHOLDER PROCESS: Not applicable for this Resolution ALTERNATIVES: No action or denial of the release of easement would negatively affect the property owners’ ability to redevelop this site. RECOMMENDATION: Approval of the Resolution. Attachments: Copy of June 2000 Easement Release of Easement and Right of Way re: Resolution 13542 Reception 2066444 04/03/2017 02:17:02 PM RELEASE OF EASEMENT AND RIGHT OF WAY THIS RELEASE OF EASEMENT AND RIGHT OF WAY is made on November 14, 2016 by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003 to Russell lanne and Tony lanne WITNESSETH: WHEREAS, Russell lanne and Tony lanne are the Grantor and the City is the Grantee of the easement and right of way described in attached Exhibit "1" (lanne Easement"); and WHEREAS, New Horizons Ministries, Inc., a Colorado nonprofit corporation is the developer and property owner for the property knows as the proposed New Horizons Subdivision; and WHEREAS, New Horizons Ministries, Inc., a Colorado nonprofit corporation has agreed to grant the City on the proposed subdivision plat of New Horizons Subdivision alternate easements or rights-of-way to accomplish the same or similar purpose as is accomplished by the lanne Easement; and WHEREAS, if the proposed subdivision plat of New Horizons Subdivision is not recorded this Release of Easement and Right of Way shall become null and void ab initio; NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: In consideration of New Horizons Ministries, Inc., a Colorado nonprofit corporation, granting the above-referenced easements and/or rights-of-way to the City on the approved subdivision plat of the New Horizons Subdivision and payment of all related recording fees, the City hereby releases the easement described in the attached Exhibit "1„ IN WITNESS WHEREOF, this Release of Easement and Right of Way is executed as of the date first above written. PUEBLO . ` Wu. — ORP i -ATION iiiiia' II 4v,4,:. A U.t ` 11101111111 \.....I........ // //V , J ° y. 1',1 G VIt President of the City Council • k,, ' ATTEST: T.,,.. )/__ x_,-,:,,,,; ' City Jerk 2066444• 8R_EPSE 04/03/2017 02:17:02 PM State of Colorado ) Gllbert20 tfiz6C1 R k3Reoor Dr0 PuOeblo3Counnty. Co ) ss. 1111 County of Pueblo ) The foregoing instrument was acknowledged before me on 1\i ` Po r- 114 , 2016 by Stephen G. Nawrocki as President of the City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. My Commission Expires: C;, I ILI • -1aCk (1. 'V1iLk- BRENDA ARMIJO Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124008702 MY COMMISSION EXPIRES 02/14/2020 2066444 R_EASE 04/03/2017 02:17:02 PM Page: 3of6 R 38.00 D 0.00 T 38.00 Exhibit "1 " Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ■III f�r��a1F,�4F't ti:l 'Ii�;f�t, kYrJ� Resolution #9055 I ItNH 11111111113101 EAlli NI M 1111 III! 1343248 07/26/2000 11 real EASE Chris C, Munn 1 of 4 R 241.00 D 0,00 Pueblo Cty Clerk 3 Ree EASEMENT AND RIG FIT Or WAY -- THIS EASEMENT,attached as Exhibits A & B,granted this 7a'day of June,2000 by Russell Untie and Tony[sane,Grantors,to Pueblo,a Municipal Corporation,Grantee: WITNESSETH: THAT[N CONSIDERATION of the sum of one I tonal'tS I.0(tt;Ind other good and valuable consideration,paid by the Grantee. rcu eipt of which is hereby Acknowledged,grantor hereby grants to Grantee.,its successors arid assigns,a 20 foot easement and right of way for the purpose of is storm sewer,in,through,over,under and,Irross Grantor's property situated in Pueblo County,Colorado,described in the att:ulied Exhibit `A"(the Property) Grantor 11 install the facilities,being,, storm water drainage system (the Facilities)in the Property (See Lxhibit Al in accordance with plans and specifications therefore approved by, sand on rile with Grantee,and thereafter,tai Ill tot shall maintain the Facilities in good working order and condition.and repair and replace the 1'acilitie.s from the manhole (labeled Manhole I on Exhibit 10 lot sled on the sidewalk along Elizabeth to the East,spanning a distance to the next existing manhole (labeled Manhole t 1 en Exhibit 13) approximately 222 feet. Grantee shall maintain the Facilities from the Easterly manhole (labeled Manhole #2 on Exhibit B) to the east adjoining property line. c.;raantee shall have the right at its option (but not the obligation) to inspect,control, maintain, repair and tepid,c the 1'uciltttcs on the area of responsibility of Grantor and recover all costs and rix•uses titcreot'plus cul adnunisitallye charge of 19%from the Grantor. For .nch pur[rvsrs,e,rantee is krslnled th,• right ti,enter upon I he Property and adjoining property of Grantor, Failure of Grantee. to inspect,control,maintain,repair or replace the Facilities shall n.>t subtecI the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Properly 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 located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. 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 right-of-way against all persons who may lawfully claim title to the Property. "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 day of _-,2000, us(.. '. _ _ _ • 2066444 R__EASE 04/03/2017 02:17:02 PM Page: 4 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk%Recorder, Pueblo County. Co ■III kir1PALI:114T V#+iri1 111111111111111111111RIR 1111111111N111II 1111 134324$ E7/211/2000 11:110 USE Ctrl. C. Mia+e: 2 of 4 R 29.19 D COI Pueblo Cty Clerk 8 Ree COUNTY OF PUEBLO ss. STATE OF COLORADO fore Ding instru_Thement was acknowledged before me this day of ., by Witness my hand and official seal. My commission expires OPIRES 02/12/ ,j =v z ` � N (SEAL) �+ +r ;. • 2066444 R_ERSE 04/03/2017 02:17:02 PM Page: 5 of-6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 El I'd 1V1w,«f115J04'11,, kliClitilf10J • EXHIBIT A I 11118 11111 1111 Ilii II1IIIM 1111 11111 III 111111111 III 13432410 rriaii ee 11 r e!R ate 1. C. nut,.. 3 .f 4 R 2e. D e.00 Pu.al. Cty C1.rk ti R.o 20 Foot Easement for Storm Sower Commencing at the Nortlkatst comer of the West 362.97 feet of the South 66.1 feet of Tract 3,Evans Subdi4iaion according to the recorded plat thereof filed for record November 22,1946,County of Pueblo, State of Colorado,thence:S 39"03'05"W a distance of 12.5 feet to the existing Manhole and the point of beginning for the centerline of n 20 foot wide easement for purposes of a Storm Sewer Easement(10)feet on each side of the following centerline,described as follows: I. N 86° 16'00"W a distance of 98,6 feel: 2. S 41°43'23"W a distance of 66.8 feet; 3. S 87° 12'09"W a distance of 98.21 feet; 4. N 50°46'56"W a distance of 53.54 feet; 5. N 90°00'00"W a i.,rtnee of 3,2 feet to the West property line of North Elizabeth Street. F� r'- Preby: r�1"�( lrC.,rLr.r`E �� rffr'j ' Gan';Cie-11a, ttl.S#12097 *� r I'P June t,2000 `_ l ;'r,. COY i C ' \P) t_2t\ ..r • 2066444 R_EASE 04/03/2017 02:17:02 PM Page: 6 of—6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11i11 1111 VIkii:lliiS'Ii•1V101'.1'1:l kfil Nrd,,i,NOIO'.Iiiii, EXHIBIT ft PI Man hni a lti ! t. .1 Iltilr -ii.„ „, / .. rs.\_\,,-:\....s ..),„, / r , __Ler. ....”". "::-.. : . , 1 f_11 — , _ i ly; 1 / v _ v '.J__ u L i.I "I'— --t`r`y— �' — L} .. _ 1 * .lir. II 1 j 1 IMMNI ool I • Manhole #2 r _ . _ QRS---- r.. NI U 1 �L'o'— U .o. b v Q '• : ?inn p �.. �' 2i • 1 L9 MI 2 M o _. _._ H S.�ay 1 aila gl ilL g.r e itd O h AO O vs N O .