HomeMy WebLinkAbout14845RESOLUTION NO. 14845
A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT
FROM ELB HOLDINGS, LLC, A COLORADO LIMITED LIABILITY
COMPANY
WHEREAS, ELB Holdings, LLC, a Colorado limited liability company (property owner) has
requested that the City of Pueblo accept an easement for public utilities; and,
WHEREAS, such easement for public utilities is required for gas service to the new
Centennial High School, currently under construction; and,
WHEREAS, the interests of the City of Pueblo have been fully addressed by said
easement; 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. All recording costs associated are to be paid for by the
property owner.
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 April 11, 2022
BY: Larry Atencio
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: April 11, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andrew Hayes, P.E., Director of Public Works
SUBJECT: A RESOLUTION ACCEPTING A PUBLIC UTILITY EASEMENT FROM ELB
HOLDINGS, LLC, A COLORADO LIMITED LIABILITY COMPANY
SUMMARY:
Attached is a Resolution.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
This easement is required so that the new Centennial High School, currently under construction,
has access to Excel Energy natural gas.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
Not Applicable
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
There are no alternatives.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Easement and Right of Way
Reception 2274915
04/28/2022 03 13:52 PM
re: Resolution 14845
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this I I day of he bv-vcLt , 2022 ,by
E L B Holdings,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 Public Utilities,in,
through,over,under and across Grantor's property situated in Pueblo County,Colorado,commonly
known as Parcel No. 51400008aand 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,and the right to permit other utility companies to use the easement and right of
way for same or similar 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 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 (r day of e. c 'c t-t. , o2OZZ .
GRANTOR-E L Ioldings,LLC ,,<---7
_. .
By
Manager
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
1 i"' diue I f-ebrUL-Y Andes by Brian G. Robinson as manager of E L B Holdings, LLC, a
Coloradd limited liability company.
Witness my hand and official seal. [ SEAL]
NICHOLE SROOKANN FOXHOVEN
NOTARY PUBLIC-STATE OF COLORADO My commission expires: 10 I a f a 6,2 4
NOTARY ID 20164037861
MY COMMISSION EXPIRES OCT 12, 2024
otary ublic
4.
EXHIBIT A
10' NON-EXCLUSIVE UTILITY EASEMENT
LAND DESCRIPTION
An easement for Utility purposes, being 10 feet in width, located in a portion of land located in
the SW 1/4 of Section 14, Township 20 South, Range 65 West of the 6th P.M. in the County of
Pueblo and State of Colorado and being more particularly described as follows:
Considering the North line of Pueblo School District 60 — Centennial High School property to
bear N. 88°30'08" E., and all bearings contained herein being relative thereto.
Beginning at the Northwest Corner of said Pueblo School District Parcel, thence N. 01°09'30"
W., a distance of 385.53 feet to the Southeast Corner of Block 3, Lot 3 of Wills Commercial
Park, Filing No. 4 according to the recorded plat thereof as filed for record on December 01,
1998 at Reception No. 1251261 in the Pueblo County records; thence N. 88°50'30" E. along the
south line of said Wills Commercial Park, Filing No. 4, a distance of 10.00 feet; thence S.
01°09'30" E., a distance of 385.47 feet to a point on the Northerly line of Pueblo School District
60 — Centennial High School property; thence S. 88°30'08" W., a distance of 10.00 feet along
said north line of Centennial High School property to the Point of Beginning.
I, Michael L. Cuppy, being a licensed 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.
SCF 11�
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st i4 NqG LAt49 SJ ,.
NorthStar Engineering and Surveying, Inc.
Michael L. Cuppy August 18, 2021
Colorado P.L.S. 38485 JN 20 004 00
2274915 04/28/2022 03: 13.52 PM
Pag :22 t 0ofizC]2R(`18.00 D`Dr0.00bIr 15.00Gi:heY Ce
VIII NA 11111
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