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HomeMy WebLinkAbout14718 RESOLUTION NO. 14718 A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES FROM MG HAMMER, LLC, A COLORADO LIMITED LIABILITY COMPANY WHEREAS, the owners of real property, Parcel 1514313008, Lot 11 Lakeshore Estates Filing No. 2 and Parcel 1514314002, Lot 2 Lakeshore Estates 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 September 27, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: DEPUTY CITY CLERK City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 27, 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 MG HAMMER, LLC, A COLORADO LIMITED LIABILITY COMPANY SUMMARY: Attached is a Resolution accepting an easement for public utilities from MG Hammer, LLC, a Colorado Limited Liability Company. PREVIOUS COUNCIL ACTION: None. BACKGROUND: A public sanitary main through private property will be required to serve the new Culver’s restaurant located at 2285 West Pueblo Boulevard. 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 the commercial plans. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right of Way re : Resolution 14718 Reception 2246767 10/05/2021 03:54:58 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT,granted this 7 S ' day of 41 , Z62/ ,by MG Hammer, LLC ,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 Lot 2,Lakeshore Estates No. 1 and Lot 11,Lakeshore Estates No.2 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. Grantee 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 Grantor. 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 I ✓ day ofSeplet,h-q , )-01' 14_72 I . GRANTOR By: ( Z' -7:17 -1(-- COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The fore o' g instrument w s acknowledged before me this /91ASA/44k /-a2( (date)by f *' 6044- (name of manager(s)or member(s))as manager(s)or member(s)of(MG HAMMER,LLC),a(Colorado)limited liability company. Witness my hand and official seal. My commission expires: c+ //0 / '- ff l _ (SEAL) BRADY JAMES BEAVERS _g4 r ,L -- NOTARY PUBLIC STATE OF COLORADO Notary Pu.l c DPW 11 I NOTARY ID#20204013429 MY COMMISSION EXPIRES APRIL 10,2024 02/06/02 2246767 10/05/2021 03:54:58 PM Page.- 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz i;lerkfRecoroer . Pueblo County, Co VIII 111111d111:Iir'i,IPIIINIiii rN1'L 11,0k1'141 .N:iiiiii, iI II I EXHIBIT "A" SANITARY SEWER EASEMENT LAND DESCRIPTION An easement for Sanitary Sewer purposes being 30 feet in width located in the southwest 1/4 of Section 14, Township 21 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the North line of Lot 11 in Lakeshore Estates No. 2 according to the recorded plat there of as filed for record on August 7, 1974 in the Pueblo County records to bear N. 88°32'00" E. and all bearings contained herein being relative thereto. Both ends of said line are found no. 4 rebar with yellow plastic cap, stamped PLS 22101. The North 70 feet of Lot 11 In Lakeshore Estates No. 2 according to the recorded Plat there of as filed for record on August 7, 1974 at Book 1790, page 288 in the Pueblo County records, excepting therefrom the northerly 40-foot of said lot 11 for drainage easement purposes, and The North 70 feet of Lot 2 In Lakeshore Estates No. 1 according to the recorded Plat there of as filed for record on April 9, 1974 at Book 1778, page 64 in the Pueblo County records, excepting therefrom the northerly 40-foot of said lot 2 for drainage easement purposes Said Easement containing 18,182 square feet. I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. � Pp. LI FNs 111 i\p ,o • ob, ' O t 38485r 5 iltb14 ‘‘'‘9.11/A:�Ov- Michael L. 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