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Home My WebLink About14719 RESOLUTION NO. 14719 A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES FROM ROBERT BARR WHEREAS, the owners of real property, Parcel 1514314001, Lot 1 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-8 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 ROBERT BARR SUMMARY: Attached is a Resolution accepting an easement for public utilities from Robert Barr. 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 14719 Reception 2246766 10/05/2021 03:54.58 PM EASEMENT AND RIGHT OF WAY THIS EAS E , granted this / day of , , by be 1 i. l , Grantor,to PUEBLO, a Municipa Corporation,Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns,an easement and right of way for the purpose of a public Sanitary Sewer, in, through, over, under and across Grantor's property situated1in Pueblo County, Colorado, commonly I known ' „I A t 0 .$T 9714!I cl 1 as nd 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 15 day of 5.12L , opal . GRA OR )._ By: ✓ %W) COUNTY OF PUEBLO ) )ss. STATE OF COLORADO ) 41. The foregoing instrument was acknowledged before me this 15 day of SEPTEMBER 24 Z 1 , by Robf.RT C. esew Witness my hand and official seal. DANIEL J,ACKERMAN NOTARY PUBLIC STATE OF My commission expires: Ausu s r Z5, ZoZ5 NOTARY D 20C174036 80 MY COMMISSION EXPIR S AN 22,2026 (SEAL) otary Publi DPW I I I 02/06/02 2246766 10/05/2021 03 54.58 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Cie-It/Recorder, P._ieblo County Co ■III .r � �"«P!I' 1�IP ��a UI II I EXHIBIT "A" PUBLIC UTILITY AND INGRESS/EGRESS EASEMENT LAND DESCRIPTION An easement for purposes of Public Utilities and Ingress/Egress 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 West line of Lot 1 in Lakeshore Estates No. 1 as filed for record in the Pueblo County records to bear S. 01°28'00" E. and all bearings contained herein being relative thereto. Northwesterly corner is Fnd No. 4 rebar with yellow plastic cap, stamped PLS 22101; Southwesterly corner is Fnd No. 4 rebar with no cap. Commencing at the Northwest Corner of said Lot 1; thence S. 01°28'00" E, along the westerly line of said Lot 1, a distance of 40.00' to the point of beginning; thence N. 88°32'00" E, a distance of 387.40', to a point on the easterly line of said Lot 1; thence S. 01°27'00" E, along said easterly line, a distance of 95.13'; thence S. 88°32'00" W, a distance of 109.72'; thence N. 56°28'00"W, a distance of 113.33'; thence N. 88°32'00" E, a distance of 180.00'; thence N. 01°28'00" W, a distance of 30.00' toa point on the westerly line and the Point of Beginning. Said Easement containing 21,857 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. 6.P' 9 /CFy' j/O',, AV ,d S1,01 • ;2 38485 j;o 0 Lid is, S``oa(I J�i�/ Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. August 04, 2021 JN 20 026 00 Page 1 of 2 2246766 10/05/2021 03:54:58 P11 Page. 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recoider. Pueblo County Co 11 DO G MI P>btri� b ail l�Frarr.lie101 "G4�1'�'�,�k�,4�"�N riFOR,911,il,14 .1i�j,jj, 11I II I - .. m I Z I I II I 0 0 O CD IoC1 M D o BASIS OF BEARINGSI ,__\_Qt.0o I o Z D S01°28'00"E " r 00 400.00 [--- ' .- I r12i P rri Z mm D D t7 CO cn-P A O m K 0 70 C Z � (-)cu Z Z �� ..$-.., "I " C .14 -141441. 8 ,> ANI�! mmO Co Co p co O O Q N Nr O N 0444 ii Rl I ^ --,-- ,rr 0.1:41'. P I ; I — I I I -I 4.k.,' XkF O , ,, ? �E "w4 ` ti n , �� U — I N � ' Z N H CN co Y" l "_ CD I �., O ,. E 0 , DRAINAGE N Q 4 EASEMENT / fry . / 0 � �� 1 /< ,__P. _ --' rS�r 1 Z fA `L DOOm N =D2 O vj ' \ D SCI •�r k 4 . C Z D Oro D Odin i EO c�Xm 1 TM rI D �• mmW O D m�� s � cr C.. 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