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Home My WebLink About13545 RESOLUTION NO. 13545 A RESOLUTION AUTHORIZING APARTIAL RELEASE OF EASEMENT TO THE ORR TRUST BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Partial Release of Easement between Pueblo, a Municipal Corporation, and The Orr Trust, 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 said Partial Release of Easement 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 Partial Release of Easement 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 Partial Release of Easement 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-6 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 PARTIAL RELEASE OF EASEMENT TO THE ORR TRUST SUMMARY: This Resolution authorizes a release for a portion of an easement. PREVIOUS COUNCIL ACTION: None BACKGROUND: The owner and developer, Domega Homes of Co., Inc., is subdividing an area that contains said easement and requires a partial release to accommodate the development. This portion of easement is no longer required and the new subdivision will create any necessary easements and/or right of ways for the development. Remaining portion of the easement will remain in effect and is located out of the said subdivision. 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 partial easement release would negatively affect the property owner’s ability to develop this site with the new subdivision. RECOMMENDATION: Approval of the Resolution. Attachments: Copy of August 2001 Easement and Right of Way Partial Release of Easement re• Resolution 13545 Reception 2084439 10/05/2017 03:43:10 PM PARTIAL RELEASE OF EASEMENT THIS PARTIAL RELEASE OF EASEMENT is made on November 14, 2016 by Pueblo, a Municipal Corporation (City), whose legal address is One City Hall Place, Pueblo, Colorado 81003 to The Orr Trust WITNESSETH: WHEREAS, The Orr Trust is the Grantor and the City is the Grantee of the easement and right of way described in attached Exhibit "A" ("Orr Easement"); WHEREAS, Domega Homes of Co., Inc. is the developer and property owner for the property knows as the Regency Crest Subdivision, Filing No. 10; 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 a portion of the Orr Easement; WHEREAS, a portion of the Orr Easement as described in the attached Exhibit"B" ("Released Property") shall not be required after recording of such plat; and WHEREAS, if the proposed subdivision plat of Regency Crest Subdivision, Filing No. 10, is not recorded, this Partial Release of Easement 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 Released Property from the Orr Easement. IN WITNESS WHEREOF, this Portion of Easement and Right of Way Release is executed as of the date first above written. PUEBLO, A MUNICIPAL CORP.It 1 O4 i, 1 E i.r KS.,;,1‘,„„,,,,...../1/r r,.ir , 0 'resi•e + i e•: - .unciI 1 I Ku ,, y, l 1 ..'l a1 i ii' im11il -- / EST: City P Irk • State of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me on l 9 , 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),_;)) ILS I dc, ivt_Lf BRENDA ARMIJO Ac ci NOTARY PUBLIC Notary Public STATE OF COLORADO NOTARY ID 20124008702 MY COMMISSION EXPIRES 0211412020 2084439 PREL_E 10/05/2017 03:43:10 PM Page: 2 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder Pueblo County Co ■III IVIIPAINIAG'L4til'4ikiiiiE'ugif 4 PNI1 F.Aiiii 11111 Exhibit "A" EASEMENT AND RIGHT OF WAY THIS EASEMENT,granted this 146 day of August 2001 , by The Orr Trust ,GRANTOR,to PUEBLO,a Municipal Corporation,GRANTEE: WITNESSETH �"Co T1.0 Co THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable II=o:::(41;3' consideration,paid by the GRANTEE,receipt of which is hereby acknowledged,GRANTOR hereby grants °,0 to GRANTEE,its successors and assigns,an easement and right of way for the purpose of storm drainage, i 0 Jr- in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows:(the"Property") . xi W m See attached Exhibit"A" Pmm 5.m TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of m m GRANTOR said tpurposes. The GRANTOR reserves the right to use and occupy the Property fur any pw pmP r withthe right and privilege above granted and which will not interfere with or o w endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the SE5.1'c; GRANTOR shall in no event include the right to locate or erect or cause to be located or erected on the K 3 Property any building or any other structure or manufactured or mobile home or trailer unit. !�o ilE 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,and(b)will defend GRANTEE'S quiet and peaceful possession of the Property and easement and right-of-way against all persons who may IN 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 14" day of August ,2001. GRANTOR t! .�.', COUNTY OF PUEBLO ) '.ye(.0r. Floyd) .Orr,Jr., �1 )ss. Trustee of the Orr Trust STATE OF COLORADO ) The foregoing instrument was acknowledged before me this thisi_Viijilay of AIS t ,, j by FLLo.(aka Floyd)E,On„[T„Trustee of the Orr irut .,, ss my hand and official seal. , • • ,. yLti my a/•,, ion expires:_� �/ 200/• ?� J� 4' ' to j c Notary +he 427 •••,,,,, ., ., '' VIII 11111111111111111111111�liii 1 012i2•i�230ez74 02:59p Christ Munoz PuobloCtyClhiRso EASE R 15.00 0 0.80 1427374 �I III�i�III U l 02/27/ 3 R 15,0A p2 0, Chr1eC.Munoz PUsb1oCtyClklRa° EASE 2 02:S8p 012 0 0 EASEMENT AND RIGHT OF WAY EXHIBIT"A" A PORTION OF NORTHWEST QUARTER OF SECTION 4,TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH P.M.,CITY OF PUEBLO,COUNTY OF PUEBLO, STATE OF COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF ST. CLAIR AVENUE ALSO BEING THE NORTH LINE OF REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. 1175639 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER_ LINE IS ASSUMED TO BEAR N87°23'29"W. COMMENCING FROM THE NORTHWEST CORNER OF REGENCY CREST SUBDIVISION, A SPECIAL AREA PLAN ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. 1175639 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER; THENCE N56°21'16"W A DISTANCE OF 1594.39 FEET TO THE POINT OF BEGINNING FOR A TWENTY FOOT DRAINAGE EASEMENT THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING A POINT ON A NON-TANGENT CURVE TO THE WEST,A RADIAL LINE FROM SAID POINT BEARS N8°58'26"W; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 10°45'27"AND A RADIUS OF 311.00 FEET, A DISTANCE OF 58.39 FEET; THENCE N88°12'59"W A DISTANCE OF 699.38 FEET; THENCE N1°43'5T'E A DISTANCE OF 147.13 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE CITY VIEW SUBDIVISION, ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. 1120725 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER_ 2084439 PREL_E 10/05/2017 03:43:10 PM Page: 4 of 7 R 43.00 D 0,00 11 43.00 Gilbert Ortiz Clerk/Recorder; Pueblo County. Co ■iii kr1 ��, i�Milaiiwiirk h ll'r�� c li#1yF11 11111 ri ...._ 1 44,,,,,,.. 0 Nik 1 u co �/ 0 ?(n sI ZV r J rl —i 6 • rg .. 6t cic-'Z o to. ▪ ac CD0 U M= 3. M gil g 0 avt- g -5,3 ,, co mcs p Illi! D(17 5 U c1C CON f iii a O!L nW � u) z Ate. Ww u� 1 . l tV" UI >- J� Z 84X W 0 (9 0 IIIIIIIIIIIR II gis ,1111 1427374 1 11427374 Page: er a W (/) / i 2002 0 2 :59P bR ! 0 D 0.00 W CC O C M 0) I--__-A1 9.t -1 2084439 PREL_E 10/05/2017 03:43:10 PM Page: 5 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11111141ilAtai eM11111I '1I1111111iNVIh'r k ritilligk'lig 1114111 III Exhibit "B" EDWARD'"JAMER SURVEYING, INC. August 31,2016 Job No. 1156.06 Page No. 1 of 2 LEGAL DESCRIPTION (A PORTION OF EASEMENT AND RIGHT OF WAY TO BE RELEASED) A PORTION OF THE NORTHWEST QUARTER OF SECTION 4, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN,CITY OF PUEBLO,COUNTY OF PUEBLO, STATE OF COLORADO,BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF ST.CLAIR AVENUE ALSO BEING THE NORTH LINE OF REGENCY CREST SUBDIVISION,A SPECIAL AREA PLAN,ACCORDING TO THE PLAT RECORDED AT RECEPTION NO. 1175639 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER. SAID LINE IS ASSUMED TO BEAR N87°23'29"W. COMMENCING AT THE NORTHWEST CORNER OF SAID REGENCY CREST SUBDIVISION,A SPECIAL AREA PLAN,THENCE N56°21'16"W A DISTANCE OF 1594.39 FEET TO THE POINT OF BEGINNING OF AN EXISTING 20 FOOT EASEMENT AND RIGHT OF WAY RECORDED AT RECEPTION NUMBER 1427374 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER,THE CENTERLINE OF WHICH IS DESCRIBED AS FOLLOWS: POINT OF BEGINNING BEING A POINT ON A NON-TANGENT CURVE TO THE WEST,A RADIAL LINE FROM SAID POINT BEARS N08°58'26'W;THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A CENTRAL ANGLE OF 10°45'27"AND A RADIUS OF 311.00 FEET,A DISTANCE OF 58.39 FEET;THENCE N88°12'59'W A DISTANCE OF 362.58 FEET TO THE POINT OF TERMINUS. LEGAL DESCRIPTION STATEMENT I, EDWARD R. FISHER,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION,AND BELIEF IS CORRECT. ......... °0 ucFy {f �.,. 1 P� 46- '' • _ .:;;;%•.:;;;%• 2084439 PRELE 10/05/2017 03:43:10 PM w vo; Page: 6 of 7 R 43.00 0 0.00 T 43.00 42 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Lirifil1/410010,14,3/441K 11111 • EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO.38402 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 1 005 ELKTON DRIVE 4732 EAOLERIDOE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO B 1 009 PHONE: (719) 576-1216 PHONE: 1'7191545-8240 FAX: (71 9) 576.1206 FAX: (719) 545.6247 h ttp•//ejsurveying.com • 2084439 PREL_E 10/05/2017 03:43:10 PM Page: 7 of' 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 1111 WP.,Nal'rdl4 Ell Iii iviA,4'1 hZiOlhl',r Kifil Li 11111 EXHIBIT B EASEMENT AND RIGHT OF WAY TO BE RELEASED 1 1 .WDB ND COMP 'CITY VIEW SUBDIVISION' I SUBDIVISION NOA5'y LOT 12 II LOT 13 I LOT 5 — — —I I I I I I I BLOCK 6 I I LOT 1 1 POINT OF N88°12'59'VV _._ L __ ..L__.._. 1• -- S-'f. TERMINUS 382.58' 10 4527" 3i �l$Z.G NI.1 �� L=58.39' R=31 L00' i' (60'ILO. \ //////////_ ///L.��/ , / /W/// ii. ,/� POINT OF \ \ JI /• //ILY ' Jr /, 1'i / �, BEGINNING \ 1 ____ 20'EASEMENT AND RIGHT OF WAY 20'EASEMENT AND RIGHT OF WAY ti RECEPTION NO.1427374 I �.49 ' RECEPTION NO.1427374 I PORTION TO BE RELEASED l',..:71,,,• e _ Y.. LOT 1.53`y Y s LOT 14 PROPOSED REGENCY CREST 'REGENCY CREST SUBDIVISION,FILING NO.10 POINTOF COMMENCEMENT ' SUBDIVISION, �� I `- 1 A SPECIAL AREA PLAN' �� i _/ , .., ti �N,, LOT 12 -.... y / ',... • `� /cN \'-.. N LOT 11 N ~--.. N . I �`'V `.,./ /� 'N \,.� �� ' N LOT 10 .,� �. ``- 'REGENCY CREST SUBDIVISION, / N FILING NO 3' �� / `. \N N LOT 9 N I / / `�.. �`\ f; .N. N �/ // N I 0 50' 100' 200' I I SCALE: 1•.100' EDWARD-JAMES SURVEYING, INC. 1005 Elkton Dr. 4732 Eagleridge Circle THIS DRAWING DOES NOT REPRESENT A Colorado Springs,CO 80907 Pueblo,CO 81.008 MONUMENTED LAND SURVEY AND IS ONLY (719)576-1216 (719)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 0831-2018 JOB NO. 1156.06 SHEET 2 OF 2