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HomeMy WebLinkAbout13544 RESOLUTION NO. 13544 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENT AND RIGHT OF WAY FOR UTILITY STUB OUT TO DOMEGA HOMES OF CO., INC. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached easement and right of way release between Pueblo, a Municipal Corporation, and Domega Homes of Co., Inc., 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 Regency Crest Subdivision, Filing No. 10, or if such plat has been recorded, the City Clerk shall record the executed and acknowledged Release in the office of the Pueblo County Clerk and Recorder upon passage and approval of this Resolution. 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-5 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 UTILITY STUB OUT TO DOMEGA HOMES OF CO., INC. SUMMARY: This Resolution authorizes a release of easement for a utility stub out. PREVIOUS COUNCIL ACTION: None BACKGROUND: The owner and developer, Domega Homes of Co., Inc., is subdividing an area that contains said easement and requires the release to accommodate the development. This easement is no longer required and the new subdivision will create any necessary easements and/or right of ways for the development. 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 owner’s ability to develop this site with the new subdivision. RECOMMENDATION: Approval of the Resolution. Attachments: Copy of January 2002 Easement and Right of Way Release of Easement and Right of Way re: Resolution 13544 Reception 2084438 10/05/2017 03:43:10 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 Domega Homes of Co., Inc. WITNESSETH: WHEREAS, Domega Homes of Co., Inc. is the Grantor and the City is the Grantee of the easement and right of way described in attached Exhibit "1" ("Domega Easement"); and WHEREAS, Domega Homes of Co., Inc. is the developer and property owner for the property known as the Regency Crest Subdivision, Filing No. 10; and WHEREAS, Domega Homes of Co., Inc. has agreed to grant the City on the subdivision plat of Regency Crest Subdivision, Filing No. 10 alternate easements or rights-of-way to accomplish the same or similar purposes as is accomplished by the Domega Easement; and WHEREAS, if the proposed subdivision plat of Regency Crest Subdivision, Filing No. 10 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 Domega Homes of Co., Inc. granting the above-referenced easements and/or rights-of-way to the City on the approved subdivision plat of Regency Crest Subdivision, Filing No. 10 and payment of all related recording fees, the City hereby releases the portion of 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, A MUNICIPAL CORPORAT J fi.c5 . ,' President oft e City Council /8A;( l:114 W. i ) ATTEST: (\,,,,,,, Citylerk 2084438 R_EASE 10/05/2017 03:43:10 PM State of Colorado ) Page: 2 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co ) ss. 11111/11:Alliti.1101VAI.11,'111,.,61.41.1 ��tE'f'l��w� �F'�'l�����i 11111 County of Pueblo ) The foregoing instrument was acknowledged before me on KOk),-,°nh€v' iLI , 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‘. t 11L-1 BRENDA ARMIJO l(AL) (( e' NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20124008702 MY COMMISSION EXPIRES 02114/2020 Exhibit " 1 " 11111111 1111111111111111 1402//27372 ?2002 02:50P ChrisC Munoz PusbleCtyClkiAec EASE R 2$.00 0 0,00 EASEMENT AND RIGHT OF WAY THIS EASEMENT,granted this 22nd day of ,TANlikTty 2002 , , by_Domega Homes of co. .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 20 x 60 foot easement and right of way for the purpose ofutilits' stub out , in, through,over,.under and across GRANTOR'S property situated in Pueblo County, Colorado,and described as follows: (the"Property") v m w See attached Exhibit "A" avo°' "mm TOGETHER WITH the right to enter upon the Property for the purposes of • D IL; construction,replacement,maintenance,control,and repair,and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the (I) GCS right to use and occupy the Property for any purpose not inconsistent with the right and To G`� � 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 0- =arm —I. erected on the Property any building or any other structure or manufactured or mobile tw w' °°': home or trailer unit. GRANTOR warrants to GRANTEE that GRANTOR(a)has good and sufficient i 3 right and title in and to the Property and full power to grant this easement and right-oft ° way,and(b)will defend GRANTEE'S quiet and peaceful possession of the Property and ME 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 24th day of JANUARY , 2002 • GRANTOR By: /2, C.T. Proctor - President 111111110 III 11 111l I 02/27/2002 0 2:3SP COUNTY OF PUEBLO ChrisC.Muno Pu.hlaCtyClkIRaa Ease R 20.00 0 0.00 )ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this 24th day of January 2002 ,by C.T. Proctor as President of Dornega Homes of Colorado, Inc. Witness my hand and official seal. My commission expires: 10-23-200 5 ........ E,p No Public. ;. oTATt ' 41;:.pIlD +.‘aeS) of c o.,o Pgee44 R EASE 10/052017Pueblo 03:430 PM rt OrtizClek/Recorder0u bloount Ill! ici llhi;1441.1++ 1h ►N1411111 2 2084438 R EASE 10/05/2017 03:43:10 PM Page: 5 of 6R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder; Pueblo County; Co VIII rillti killiNia Villa dial 11111 Legal Description Utility Stub-out Easement—Regency Crest Subdivision, Third Filing Liezl Avenue A portion of the Northwest Quarter(NW/4)of Section Four(4),Township Twenty-one(21)South, Range Sixty-five(65)West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows: Basis of Bearings: The west One of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof, being monumented on both ends by a No.6 rebar with a 2-1/2"aluminum cap marked"M2 Surveying PLS 3458T is assumed to bear N0318'38"E a distance of 1641.38 feet. COMMENCING at the Northwest Corner of Regency Crest Subdivision, A Special Area Plan, according to the recorded plat thereof; THENCE, N87°2329"W a distance of 684.49 feet; THENCE,NO2°36'31"E a distance of 141.98 feet to a point of curvature;THENCE,along a curve to the left; having a radius of 200.00 feet, through a central angle of 42°37'53", a distance of 148.81 feet.THENCE, N40°01'22"W a distance of 658.74 feet to a point of curvature; THENCE, along a curve to the right, having a radius of 290.00 feet, through a central angle of 20°08'02', a distance of 101.91 feet; THENCE, S70°46'57"W a distance of 73.06 feet to a point of curvature; THENCE, along a curve to the right, having a radius of 330.00 feet, through a central angle of 10°39'4",a distance of 81.41 feet to the POINT OF BEGINNING;THENCE, Continuing along said curve to the right, having a radius of 330,00 feet,through a central angle of 03°29'12',a distance of 20.08 feet;THENCE, N01°44'19"W a distance of 80.12 feet to a point on a non-tangent curve from which the center of said curve bears N05°48'35"W; THENCE, easterly along said curve to the left, having a radius of 270.00 feet,through a central angle of 04°16'12°,a distance of 20.12 feet; THENCE, S01°44'19'E a distance of 60.52 feet to the POINT OF BEGINNING. Said easement contains 0.0277 acres, more or less. 000 REQ41,. 44,iVAL l A�►a v 1111111111111111111111111111'111 2/27/2372 80 0z.69p ChrlsC.Munoz Pu°bloCtyClkiRste EASE R 2d 00 0 0.00 M2 Surveying, LP 1/17/2002 172 E. Industrial Blvd.,#105 1 of 1 Pueblo West,CO 81007 (719)647-9463 32 11111111 111 11111 1II Iii III 1427 4z 20 2 02:55P co ChrieC.Munoz PuebloCtyClktR.a EASE R 20.00 0 0.00 tz 0 2084438 R_EASE 10/05/2017 03:43:10 PM Page: 6 of-6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder; Pueblo County. Co 1111 Wa llif1114'.1111il414,4 I«LkiiiiiV iilWiti'lY4,i, 111 II I Z Q ET 111111111•1 . .. I -4014 > iti i .... 05 Et k. CI we i VJI-~ Wzit' 6 L ill 11.1 w i it ---sivi co M 1wf +'dee' CeD_ 0 �N' A. � 0 s U mW V LL. !v `Y W R\'_ ,AIt f w 41. _ i I ,-, F __:-�. ii ._.,._.: ...