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HomeMy WebLinkAbout14630* RESOLUTION NO. 14630 A RESOLUTION APPROVING A PARTIAL RELEASE OF EASEMENT FOR THE REAL PROPERTY LOCATED AT 205 N. ELIZABETH STREET, PUEBLO, CO 81003 AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Partial Release of Easement, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Partial Release of Easement in the name of the City and the City Clerk is authorized to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution and the attached Partial Release of Easement to implement the policies and procedures described therein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED June 14, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-8 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 14, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING A PARTIAL RELEASE OF EASEMENT FOR THE REAL PROPERTY LOCATED AT 205 N. ELIZABETH STREET, PUEBLO, CO 81003 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This Resolution approves and authorizes the Mayor to sign a Partial Release of Easement for the real property located at 205 N. Elizabeth Street near downtown Pueblo. PREVIOUS COUNCIL ACTION: The City Council, for many years, has released easements no longer deemed necessary by the City’s Public Works Department. BACKGROUND: 205 N. Elizabeth Street, near the City’s Riverwalk, was for many years the site of the Associated Grocers warehouse. The property is currently being used as a manufacturing facility for modular homes by indieDwell of Colorado, Inc. The City is the holder of certain easements granted under and pursuant to Ordinance No. 1588, passed and approved by the City Council on April 26, 1950 and recorded in the records of the Pueblo County Clerk and Recorder on January 21, 1952 at Book 1173, Page 401 (“Easements”). The attached Resolution releases and relinquishes only that portion of the Easements which is described below: nd That portion of the Easements being “All that portion of West 2 Street lying West of the West line of Elizabeth Street” as described and recorded in Book 1173, Page 403. nd The easement on W. 2 Street runs down the middle of warehouse located at 205 N. Elizabeth Street and the easement is not needed by the City. FINANCIAL IMPLICATIONS: Approval of the attached Resolution will not result in any fiscal obligation being incurred by the City. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: City Council has the option of not vacating the easement as requested by the owner of 205 N. Elizabeth Street. RECOMMENDATION: The Mayor and City Staff recommend approval of this Resolution. Attachments: Proposed Resolution Proposed Partial Release of Easement PARTIAL RELEASE OF EASEMENT th THIS PARTIAL RELEASE OF EASEMENT is made this 14 day of June, 2021, by the City of Pueblo, a Colorado municipal corporation, whose address is 1 City Hall Place, Pueblo, CO 81003 and referred to herein as "City". WITNESSETH: WHEREAS, City is the holder of those certain easements granted under and pursuant to Ordinance No. 1588, passed and approved by the City Council on April 26, 1950 and recorded in the records of the Pueblo County Clerk and Recorder on January 21, 1952 at Book 1173, Page WHEREAS, the City desires to release and relinquish the only that portion of the Easements which is described below and de nd That portion of the Easements be Street lying West of the bed and recorded in Book 1173, Page 403 WHEREAS, the City does not intend hereby to release any other portion whatsoever of the Easements. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: In consideration of the foregoing, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City hereby releases and relinquishes only the Released Portion of the Easements as described above and depicted in Except for this Partial Release of the Easement, the City does not release, relinquish, waive, satisfy, or in any other way change or affect any other rights conferred on the City under the Easements and said Easements shall fully remain in effect and a burden on the properties described in Ordinance No. 1588. This Partial Release shall extend to and be binding upon the successors and assigns of the City. IN WITNESS WHEREOF, this Partial Release of Easement is executed as of the date first above written. CITY OF PUEBLO A COLORADO MUNICIPAL CORPORATION By: Nicholas A. Gradisar, Mayor State of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this _______ day of ______________________, 2021, by Nicholas A. Gradisar, as Mayor of the City of Pueblo, a Colorado municipal corporation. Witness my hand and official seal. My commission expires _____________. Notary Public Page 1 of 1