HomeMy WebLinkAbout14862RESOLUTION NO. 14862
A RESOLUTION ACCEPTING AN EASEMENT FOR PUBLIC
UTILITIES, INCLUDING BUT NOT LIMITED TO SANITARY
SEWER UTILITIES FOR LOT 3 BLOCK 1 OF OUTLOOK RIDGE
SUBDIVISION FROM OUTLOOK RIDGE APARTMENTS, LLC, A
COLORADO LIMITED LIABILITY COMPANY
WHEREAS, the owners of real property, Parcel 51213007, Lot 3 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-7
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 3
BLOCK 1 OF OUTLOOK RIDGE SUBDIVISION FROM 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 will be required to serve the next phase, Phase 3,
of apartment buildings at the Outlook Ridge Apartment complex located at 5300 Outlook
Boulevard, Lot 3 Block 1 of Outlook Ridge Subdivision, Filing No. 2.
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 14862 2277119 05/16/2022. 02:44.07 Pm
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Cif ert 3rt17. C1er1/Recorder. Pueblo County, Co
IIII 141 �� �ir`��I 'r'I 1itNNl "rl IUM E:1Milli, 111111
PUBLIC SANITARY SEWER
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this 5th day of April , 2022 ,by
Outlook Ridge 3.LLQ ,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 Puebio County, Colorado, commonly
known as Lot 3.Block I.Outlook Ridge Subdivision.Filinu 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 120, day of N244.1 ,20.22.
GRAN/
By:
ffrey S.Robinson(Manager)
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 60k day of
,by Jeffrey S.Robinson as Manager of Outlook Ridge 3,LLC,a Colorado limited liability
company.
Witness my hand and official seal. I
My commission expires: I j/ 8! '142?j
(SEAL) /role
LINDSAY JORDAN GAULT DRAKOS / 0/Pus • offic .1 tit e
NOTARY PUBLIC
DPW I I l STATE OF COLORADO
02/06102 NOTARY ID 20194043505
MY COMMISSION EXPIRES NOVEMBER 18,2023
2277119 05/16/2022 02.44:07 FM
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G bent Ort12 Clerk/hecorrier Pueblo Count,•, Cc
Pik 11111
{
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.04°46'13"W.,a distance of 119.15 feet to the Point of Beginning;thence S. 13°19'17"E.,a
distance of 124.06 feet;thence N. 76°40'43"E.,a distance of 9.50 feet;thence S. 13°19'17"E.,a
distance of 10.00 feet;thence S.76°40'43"E.,a distance of 9.50 feet;thence S. 13°19'17"E.,a
distance of 588.36 feet;thence N.76°40'43"E.,a distance of 7.00 feet;thence S. 13°19'17"E.,a
distance of 10.00 feet;thence S. 76°40'43"W.,a distance of 7.00 feet;thence S. 13°19'17"E., a
distance of 125.13 feet;thence Southwesterly along the arc of a curve to the right whose radius is
115.09 feet,a distance of 127.03 feet;thence S. 50°35'20" W.,a distance of 172.12 feet to a
point on the northerly Right-of-Way line of Ridge Drive;thence N. 39°24'40"W.,a distance of
30.00 feet along the northerly Right-of-Way of Ridge Drive; thence N. 50°35'20"E.,a distance
of 125.00 feet;thence N.39°24'40"W.,a distance of 27.88 feet;thence S.50°10'37"W.,a
distance of 26.61 feet;thence N.39°49'23"W.,a distance of 10.00 feet;thence N. 50°10'37"E.,
a distance of 26.68 feet;thence N. 39°24'40"W.,a distance of 120.62 feet;thence S.50°35'20"
W.,a distance of 106.17 feet;thence N.39°24'40"W.,a distance of 24.00 feet;thence N.
50°35'20"E.,a distance of 106.17 feet;thence N.39°24'40" W.,a distance of 9.30 feet;thence
S.50°10'37"W.,a distance of 26.61 feet; thence N.39°49'23"W.,a distance of 10.00 feet;
thence N. 50°10'37"E.,a distance of 26.68 feet;thence N. 39°24'40"W.,a distance of 119.20
feet to a point on the southeasterly property line of Lot 2,Outlook Ridge Subdivision, Filing No.
2;thence N.50°25'20"E.,a distance of 30.00 feet along said property line to the southeasterly
property corner of Lot 2,Outlook Ridge Subdivision, Filing No.2;thence S.39°24'40"E.,a
distance of 280.52 feet;thence N.50°35'20" E.,a distance of 35.00 feet;thence S. 39°24'40"E.,
a distance of 10.00 feet;thence S. 50°35'20"W.,a distance of 35.00 feet; thence S.39°24'40"
E.,a distance of 30.87 feet;thence N.50°35'20"E.,a distance of 17.12 feet;thence
Northeasterly along the arc of a curve to the left whose radius is 85.00 feet,a distance of 94.81
feet; thence N. 13°19'17" W.,a distance of 143.35 feet;thence S. 76°40'43"W.,a distance of
9.21 feet;thence N. 13°19'17"W.,a distance of 10.00 feet;thence N. 76°40'43"E.,a distance of
9.21 feet;thence N. 13°19'17"W.,a distance of 181.28 feet;thence S. 76°40'43"W.,a distance
of 36.57 feet;thence Southwesterly along the arc of a curve to the left whose radius is 185.00
feet,a distance of 65.38 feet;thence N. 29°47'16" W.,a distance of 30.06 feet; thence
Northeasterly along the arc of a curve to the right whose radius is 215.00 feet,a distance of 21.42
feet;thence N.25°59'59"W.,a distance of 30.56 feet;thence N.64°00'01"E.,a distance of
10.00 feet;thence S.25°59'59"E.,a distance of 30.56 feet;thence Northeasterly along the arc of
a curve to the right whose radius is 215.00 feet,a distance of 42.58 feet;thence N. 76°40'43"E.,
1
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Gilbert Ortiz Clerk/Reccrder. Pueblo County. Co
ik til" 1111
a distance of 36.57 feet; thence N. 13°19'17" W.,a distance of 275.08 feet;thence S.76°40'43"
W.,a distance of 14.50 feet;thence N. 13°19'17"W.,a distance of 10.00 feet;thence N.
76°40'43"E.,a distance of 14.50 feet;thence N. 13°19'17"W.,a distance of 177.84 feet;thence
S. 76°40'43"W.,a distance of 65.36 feet;thence Southwesterly along the arc of a curve to the
left whose radius is 585.00 feet,a distance of 85.67 feet;thence Northwesterly along the arc of a
curve to the left whose radius is 210.97 feet,a distance of 8.64 feet; thence N.23°05'01"W.,a
distance of 21.39 feet;thence Northeasterly along the arc of a curve to the right whose radius is
612.43 feet,a distance of 24.05 feet; thence N. 18°54'13"W.,a distance of 13.00 feet;thence
Northeasterly along the arc of a curve to the right whose radius is 628.00 feet,a distance of 10.00
feet;thence S. 18°54'13"E.,a distance of 13.00 feet;thence Northeasterly along the arc of a
curve to the right whose radius is 615.00 feet,a distance of 53.52 feet;thence N. 76°40'43"E.,a
distance of 93.36 feet to the Point of Beginning.
1, 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.
OR 0 ,lc '
' 11
tt'D 3RAIM
<;o
$11 4.,03//6/1611-‘44-,
LA
NorthStar Engineering and Surveying,Inc.
Michael L. Cuppy March 15,2022
Colorado P.L.S.38485 JN 95 026 31
2
IX I Uu0l U 'A '
LEGEND
P.O.B. POINT OF BEGINNING
1
P.O.C. POINT OF COMMENCEMENT
O FOUND NO. 4 REBAR WITH 1 1/2" DIA. '°...,.M: P.c.
ALUMINUM CAP, L.S. 34587
• FOUND NO. 4 REBAR WITH YELLOW seruor,,,BASIS Of BEARINGS - -
PLASTIC CAP, L . 1 2933
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E SCALE: 1" = 100'
A0 50' 100' 200'
UmaLoom NOTE: BASIS OF BEARINGS:
R 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 587'54'07"W.,
D PREPARED TO DEPICT THE ATTACHED LAND MONUMENTED WITH A NO. 4 REBAR WITH YELLOW A
DESCRIPTION. PLASTIC CAP, L.S. 12933
B WY: NORTHS'fAR ENGINEERING AND SURVEYING, INC.
JN 95 026 31 PAGE 1 OF 1