HomeMy WebLinkAbout14861RESOLUTION NO. 14861
A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC
UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY
SEWER UTILITIES FOR LOT 2 BLOCK 1 OF OUTLOOK RIDGE
SUBDIVISION FROM OF OUTLOOK RIDGE APARTMENTS, LLC,
A COLORADO LIMITED LIABILITY COMPANY
WHEREAS, the owners of real property, Parcel 51213006, Lot 2 Block1 of Outlook Ridge
Subdivision, Filing No. 2, 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: April 25, 2022
BY: Dennis E. Flores
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: April 25, 2022
TO: President Heather Graham and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Marisa Stoller, City Clerk
FROM: Andra Ahrens, Interim Director of Wastewater
SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC UTILITIES,
INCLUDING BUT NOT LIMITED TO SANITARY SEWER UTILITIES FOR LOT 2
BLOCK 1 OF OUTLOOK RIDGE SUBDIVISION FROM OF OUTLOOK RIDGE
APARTMENTS, LLC, A COLORADO LIMITED LIABILITY COMPANY
SUMMARY:
Attached is a Resolution accepting an easement for public utilities from Outlook Ridge
Apartments, LLC, a Colorado Limited Liability Company.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
A public sanitary main through private property is required to serve the second phase of apartment
buildings at the Outlook Ridge Apartment complex located at 5300 Outlook Boulevard, Lot 2 Block
1 of Outlook Ridge Subdivision, Filing No. 2, which was not previously obtained.
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 14861
Reception 2277120 05/16/2022 02:44:07 PM
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Gilbert Ortiz Clerk/Recorder Pueblo County, Co
VIII ir , Ir1e 1f4 'k'4 F' liAtinto 41,111,114. 11111
PUBLIC SANITARY SEWER
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this 5th day of April , 2022 ,by
Outlook Ridge Apartments.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.Block 1.Outlook Ridge Subdivision.Filing 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 of J/tA ,20 2-2. .
GRANTO
sy: 1
I J rey S.Robinson(Manager)
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this bfk. day of 42/1_
Oli — ,by Jeffrey S.Robinson as Manager of Outlook Ridge Apartments,LL ,a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires: /7/1/..2.9.1?
/1/ZOZ?
(SEAL) ` dieditle
LINDSAY JORDAN GAULT DRAKOS of 'ubl' tcial t
NOTARY PUBLIC
DPW I11 STATE OF COLORADO
02/06/02 NOTARY ID 20194043505
MY COMMISSION EXPIRES NOVEMBER 18,20231
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Mee:'
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Gilbert Ortiz Clerk/Recd!der, Pueblo County. Co
UI II
EXHIBIT A
PUBLIC AND PRIVATE UTILITY AND ACCESS EASEMENT
LAND DESCRIPTION
An easement for Public and Private Utility and Access purposes located in a portion of Outlook
Ridge Subdivision, Filing No.2, in the County of Pueblo and State of Colorado and being more
particularly described as follows:
Considering the northerly line of Lot 3,Block 1,Outlook Ridge Subdivision, Filing No.2 to bear
S. 87°54'07"W., monumented with a No.4 rebar with yellow plastic cap, L.S. 12933 and all
bearings contained herein being relative thereto.
Commencing from the Northeast Corner of Lot 3, Block 1,Outlook Ridge Subdivision, Filing
No.2 according to the recorded plat thereof as filed for record at Reception No.2085830;thence
S.47°54'56"W.,a distance of 248.27 feet to a point on the easterly property line of Lot 2,
Outlook Ridge Subdivision, Filing No.2 and also being the Point of Beginning;thence southerly
and easterly along the easterly line of said Lot 2 the following(13)courses:
l, S.23°05'01"E., a distance of 21.39 feet;
2. Southeasterly along the arc of a curve to the right whose radius is 179.66 feet,a distance
of 41.10 feet;
3. S.09°53'59"E.,a distance of 154.43 feet;
4. N.80°06'01"E.,a distance of 7.26 feet;
5. S.09°53'59" E., a distance of 10.00 feet;
6. S.80°06'01" W.,a distance of 7.26 feet;
7. S.09°53'59" E., a distance of 11.24 feet;
8. Southeasterly along the arc of a curve to the right whose>?adius is 470.00 feet,a distance
of 163.14 feet;
9. S.29°47'16"E.,a distance of 87.21 feet;
10.N. 60°12'44"E.,a distance of 7.69 feet;
1 I. S. 29°47'16" E.,a distance of 10.00 feet;
12. S. 60°12'44" W.,a distance of 7.69 feet;
13. S.29°47'16"E.,a distance of 37.45 feet;
thence S. 50°35'20" W.,a distance of 126.44 feet to a point on the westerly property line of said
Lot;thence N. 39°24'40"W.,a distance of 30.00 feet along the westerly property line of said
Lot;thence N. 50°35'20"E.,a distance of 120.09 feet; thence N. 29°47'16"W.,a distance of
108.34 feet;thence Northwesterly along the arc of a curve to the left whose radius is 500.00 feet,
a distance of 41.33 feet;thence S.65°31'19"W.,a distance of 33.31 feet;thence N. 24°42'40"
W.,a distance of 10.00 feet;thence N. 65°31'19" E.,a distance of 33.35 feet; thence
Northwesterly along the arc of a curve to the right whose radius is 500.00 feet, a distance of
122.22 feet;thence N. 09°53'59"W., a distance of 175.67 feet;thence Northwesterly along the
arc of a curve to the left whose radius is 150.00 feet,a distance of 26.09 feet;thence
Southwesterly along the arc of a curve to the left whose radius is 584.96 feet,a distance of 84.91
feet;thence S.32°16'47" E.,a distance of 14.83 feet; thence S.57°09'42"W., a distance of
10.00 feet;thence N.32°16'47"W.,a distance of 14.77 feet; thence Southwesterly along the arc
1
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28.00 0. 8.00
Gilbert Ortofiz4 ClarkR /RecordDer, Pu00ebic 11
2Courcy, Co
11111 IIIc C,FIAIril'«+ ti���PM�> 1'�1��I��f�kF'��i'i �I 111
of a curve to the left whose radius is 37.97 feet, a distance of 37.97 feet;thence S. 52°37'04"W.,
a distance of 112.44 feet to a point on the westerly property line of Lot 2,Outlook Ridge
Subdivision, Filing No.2;thence N.37°22'56"W.,a distance of 30.00 feet along said property
line;thence N. 52°37'04"E.,a distance of 90.58 feet;thence N.37°22'56"W., a distance of 5.98
feet;thence N. 52°53'27"E.,a distance of 10.00 feet;thence S.37°22'56"E.,a distance of 5.93
feet;thence N. 52°49'22"E.,a distance of 21.99 feet;N.35°59'37"W.,a distance of 15.25 feet;
thence N. 54°00'23"E., a distance of 10.00 feet;thence S.35°59'37"E.,a distance of 15.25 feet;
thence Northeasterly along the arc of a curve to the right whose radius is 612.43 feet,a distance
of 150.47 feet the Point of Beginning;
And
Commencing from the Southeast Corner of Lot 2, Block I,Outlook Ridge Subdivision, Filing
No. 2 according to the recorded plat thereof as filed for record at Reception No. 2085830;thence
N. 51°38'14"E.,a distance of 21.01 feet along the southerly property line of Lot 2,Outlook
Ridge Subdivision,Filing No. 2 to the Point of Beginning;thence N. 39°24'40"W.,a distance of
24.00 feet;thence N. 50°35'20"E.,a distance of 104.00 feet;thence N.39°24'40"W.,a distance
of 26.40 feet to a point on the southwesterly property line of said Lot;thence N.50°35'00"E.,a
distance of 30.00 feet along said property line to the westerly property corner of said Lot;thence
S.39°24'40"E., a distance of 50.00 feet to the southerly property corner of said Lot; thence S.
50°35'20"W.,a distance of 134.00 feet along the southerly property line of Lot 2 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.
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NorthStar Engineering and Surveying, Inc.
Michael L.Cuppy March 15,2022
Colorado P.L.S.38485 JN 95 026 29
2
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Gilbert Ortiz Clerk/Recorder, Pueblo CoLt,ty, Co
1111 llcrlrilfilleltriIl .l IIID C1iIil1A1 '1al1t U110411141 III III
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1 FGEND
P.O.B. POINT OF BEGINNING
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P.O.C. POINT OF COMMENCEMENT LL \
* FOUND NO. 4 REBAR WITH 1 1/2" DIA. Ver.Zia}
ALUMINUM CAP, L.S. 34587 Po.0-1
• FOUND NO. 4 REBAR WITH YELLOW /
Sp)5♦'0)"W BASIS OF BEARINGS
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E SCALE: 1" = 100' '
P 0 50' 100' 200'
A NOTE: BASIS OF BEARINGS:
R I THIS EXHIBIT WAS NOT PREPARED AS A THE NORTH LINE OF LOT 3, BLOCK 1, OUTLOOK RIDGE
E MONUMENTED LAND SURVEY, AND WAS ONLY SUBDIVISION, FILING NO. 2. BEARS S87'54'07"W„
D PREPARED TO DEPICT THE ATTACHED LAND MONUMEN TED WITH A NO. 4 REBAR WITH YELLOW A
DESCRIPTION. PLASTIC CAP. L.S. 12933 >/^
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Y: NORTE1SfAR ENGINEERING AND SURVEYING, INC.
JN 95 026 29 PAGE 1 OF 1