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Home My WebLink About14548RESOLUTION NO. 14548 A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES, AND DRAINAGE FROM 610 RLLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP WHEREAS, the owners of real property, Lots 2 & 3, Block 18, Villa Bella Subdivision, Filing No. 1, have granted an Easement for Public Utilities, including but not limited to sanitary sewer utilities and drainage; and, WHEREAS, such easement is necessary for the development of the subdivision; NOW, THERFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way, copy which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is further 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 authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED January 25, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 25, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Acting Director of Public Works SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES, AND DRAINAGE FROM 610 RLLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP SUMMARY: Attached is a Resolution accepting an easement for public utilities from 610 RLLLP, a Colorado Limited Liability Limited Partnership. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The consultant that prepared the subdivision plat for Villa Bella Subdivision, Filing No. 1 did not include a required public utility easement on Lots 2 & 3, Block 18 for the installation of utilities. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: None. ALTERNATIVES: Denying the Resolution will not allow the required public sanitary main and drainage facilities to be constructed per subdivision plans on file. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right of Way re:: Resolution 14548 Reception 2210712 01/29/2021 02:17:56 PM 2210712 01/29/2021 02:17:56 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Cr day of Gtei ,2020,by 610 RLLLP,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,an easement and right of way for the purpose of Public Utilities, including but not limited to sanitary sewer utilities,and Drainage, in,through,over, under and across Grantor's property situated in Pueblo County,Colorado,and described as follows: (the"Property") The Southeast Ten Feet(10')of Lot 2 and the Northwest Ten Feet(10') of Lot 3, Block 18,Villa Bella Subdivision, Filing No. 1 See attached Exhibit"A" 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 Grantor for said purposes.The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent 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 on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor expressly acknowledges that this easement constitutes a sanitary sewer easement as defined within and shall be subject to Chapter 3.5 of Title XVI of the Pueblo Municipal Code. 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 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 1 day of %e .-%. 6—AA— GRANTOR -AA--GRANTOR By: COUNTY OF PUEBLO ) )ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this -/ day of tc.o.,&r btu , 7_02,0 , by Dam Oe los-c- Witness my hand and official seal. My commission expires: 0 Z/Zta f zovi (SEAL) AI' / (._,Ajf Notary Public LIC LIIII RADO 0000 X050 2024 2210712 01/29/2021 02:17:56 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County.. Co ■III��.rl '�tK��l�1�'��t'F�i�l�� k�'til��Rl�i��Fh�i�Y��,�� 11 111 EXHIBIT "A" d J LOT 1 r LOT 8 BLOCK 16 I I i i I LOT 7 I j ROMA WAY wi 1.2 '� o LOT 6 LOT 1 4 z LL1 Q' c1:)'/1 LOT 5 / / • LOT 2 10,, / i/ \ cY / E. � �P�PG LOT 4 LOT 3 / � / / ili J BLOCK 18 // C O N u•=. r OL- a1-�x n IDma. i--m N N0�= li NN" L N co - N SCALE: 1"=50' m o al k L_ Nn).7, II CD 0-1--. N ttf.., Nac9