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HomeMy WebLinkAbout14690 RESOLUTION NO. 14690 A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES FROM NVH PHASE 2A, LLC, A COLORADO LIMITED LIABILITY COMPANY WHEREAS, the owners of real property, Parcel “K”, North Vista Highlands, Filing No. 1, have granted an Easement for Public Utilities, including but not limited to sanitary sewer utilities; and, WHEREAS, such easement is necessary for the development of the subdivision; NOW, THEREFORE, 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 August 23, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 23, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Nancy Keller, Director of Wastewater SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES FROM NVH PHASE 2A, LLC, A COLORADO LIMITED LIABILITY COMPANY SUMMARY: Attached is a Resolution accepting an easement for public utilities from NVH Phase 2A, LLC, a Colorado Limited Liability Limited Partnership. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The consultant that prepared the subdivision plat for North Vista Highlands, Filing No. 1 did not include a required public utility easement in Parcel “K” 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 to be constructed per subdivision plans on file. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right of Way re: Resolution 14690 Repception 2242917 09/10/2021 10:23:14 AM EASEMENT AND RIGHT OF WAY THIS EASEMENT,granted this 2 day of ANa•u ST , ZOZ) ,by NVH Phase 2A, LLC, a Colorado Limited Liability Company, 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 a public Sanitary Sewer, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as North Vista Highlands, Phase 2A, and described as follows: (the'Property") 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. Grantor shall have the right, without the necessity at any time of procuring the consent or permission of anyone, to remove any building, fence, tree, pavement or other improvement or growth located upon such easement that may in any way endanger or interfere with the construction, reconstruction, maintenance, inspection or removal of all or any parts of said public Sanitary Sewer and to recover the costs thereof, plus an administrative charge of 15%from Grantee. 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 214 day of A udrL r , 202 1 . GRANTOR NVH Phase 2 C,a Color-.• Limited Liability Company By _,t.a. - Dan Dinw.:•ie ,Managing Member STATE OF Co Lo RJ D O ) ss. COUNTY OF PuELO The foregoing instrument was acknowledged before me this Z /u&uST) 202 1 (date)by Dan Dinwiddie as managing member of NVH Phase 2A, LLC a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires: Avays-r 2S,2921 (SEAQ-DANIEL J.ACKERMAN Notary PuiatrerLORADO NOTARY ID 20174035108 ttAIMISIDON EXPIRES AUG.25,2021 2242917 09/10/2021 10:23:14 AM Page 2 of R 2.3.00 D 0.00 T 23.00 Gilu?rt Or".i? C1erk/Recorder Pueblo County, Co MEI�+,I�rIt �9IJ'IC17011 i ;'III ��l ,IIA le Nil: B I{ "EXHIBIT A" NORTH VISTA HIGHLANDS FILING NO. 1 SANITARY SEWER OUTFALL EASEMENT LEGAL DESCRIPTION A twenty foot wide sanitary sewer easement located in Parcel `K' in North Vista Highlands, Filing No. 1 according to the recorded plat thereof filed for record November 11, 2019 at Reception No. 2159276 in the Pueblo County records in Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado, said easement being ten feet on either side of the following described centerline: Basis of bearings is the south line of the northeast quarter of Section 8, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado to bear North 88 degrees 2 minutes 18 seconds East. Commencing at the center corner of Section 8, Township 20 South, Range 64 West of the 6th P.M. which is marked by a 3.25"Aluminum Cap stamped with P.L.S. No. 38485, thence north 18 degrees 36 minutes 16 seconds west, a distance of 746.68 feet to a point on the east line of said Parcel 'K' and the True Point of Beginning; thence South 88 degrees 28 minutes 45 seconds West, a distance of 468.31 feet; thence South 01 degree 31 minutes 15 seconds East, a distance of 101.45 feet; thence along a curve to the right whose radius is 297.50 feet a distance of 229.69 feet; thence South 42 degrees 42 minutes 52 seconds West, a distance of 158.36 feet; thence along a curve to the left whose radius is 252.50 feet, a distance of 196.83 feet; thence South 01 degree 56 minutes 54 seconds east, a distance of 60.35 feet to a point on the south line of said Parcel `K'and the Point of Terminus. The side lines of said strip of land shall be shortened or extended to terminate on the east and south line of the said Parcel 'K'. Containing 0.56 acres more or less. Prepared for and on behalf of NorthStar Engineering and Surveying, Inc. by Michael L. 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