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Home My WebLink About15047RESOLUTION NO. 15047 A RESOLUTION APPROVING AND ACCEPTING A PUBLIC ACCESS EASEMENT AND RIGHT OF WAY FROM INHABX, LLC., A COLORADO LIMITED LIABILITY COMPANY, FOR 0.063 ACRES OF LAND WHEREAS, inhabX, LLC., a Colorado Limited Liability Company, as the sole owner of certain lots located in the Delavan Place subdivision, desires to grant a public access easement across a portion of their property in order to maintain access to adjacent privately-owned properties; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Easement and Right of Way granting public access across the property owned by inhabX, LLC., a Colorado Limited Liability Company, a copy of 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 directed to cause said Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. The officers 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 passage and approval. INTRODUCED: November 14, 2022 BY: Larry Atencio MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M9 Background Paper for Proposed Resolution COUNCIL MEETING DATE: November 14, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION APPROVING AND ACCEPTING A PUBLIC ACCESS EASEMENT AND RIGHT OF WAY FROM INHABX, LLC., A COLORADO LIMITED LIABILITY COMPANY, FOR 0.063 ACRES OF LAND SUMMARY: This Resolution will authorize the City of Pueblo to accept an Easement and Right of Way for 0.063 acres of land to be granted to the City of Pueblo from the current land owner, inhabX, LLC., a Colorado Limited Liability Company. PREVIOUS COUNCIL ACTION: None. BACKGROUND: inhabX, LLC, as the owner of certain real property located in the Delavan Place subdivision, is granting a public access easement across portions of several lots and vacated right-of-way in the vicinity of Burdette Street in order to maintain access to other privately-owned properties located adjacent to their property. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution ALTERNATIVES: If this Resolution does not pass, the City of Pueblo will not accept the deed and ownership of the parcel will not be conveyed to the City. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Public Access Easement - inhabX Reception 2297339 11/21/2022 11 :26 48 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT,granted this q day of /1/4"/44.z.&3_—y. ,2022, by inhabX, LLC,a Colorado limited liability company, Grantor,to the City of 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 providing public access on, over, and through the easement property which is situated in Pueblo County, Colorado, and described as follows: (the "Property") See Exhibit"A"and "B" Grantor shall grant public access including, but not limited to,vehicle, bicycle, and pedestrian traffic on the Property. Grantee shall have the right at its option (but not the obligation)to inspect the Facilities. For such purposes, Grantee is granted the right to enter upon the Property. Failure of Grantee to inspect shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted. 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 easement 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 day of A' 6426-44- ,2022. GRANTOR, inhabX, LLC, BY: Vl 4, ame: ,../ei Title: przf;d 2297339 11/21(2022 1.1 .26.48 AM Page. 2 a3 4 R 28.00 D 0.0� T 28.00 Giltaer' Crtia C1efrl;,Recop��c?r, `Pueblo county'I, 1Cu STATE OF COLORADO ) •III ��i�'�aFAIL,.1w1i �PaI�i`P iii,',(+r�I�f Irl Ill ligfolt.'likii 11111! ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this j9 9 day of_fi2022 by pitit W dA.f of inhabX, LLC,a Colorado limited liability company. Witness my hand and official seal. My commission expires: (,l/ali11 0— ( di e-)0()3 GERALDINE JACQUELINE ' 1I i./_.i..—,.1,4 / I%-7v/ Q ROQUE A.tary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194043857 MY COMMISSION EXPIRES 11120/2028 2297339 11/21/2022 11 :26:48 AM Page. 3 of 4 Q 28.00 0 41 00 T 28.00 GI1! et"? 1 iz C1rr k/:3eccn de,, Pueb1^ County Cc �!!I PIrdlri illiAlitVIII Ili'MbaMY IP a �((�( Il VI EDWARD'JAMEB SURVEYING, INC. August 19, 2022 Job No. 2299-00 Page 1 of 2 EXHIBIT"A" LEGAL DESCRIPTION: A TRACT OF LAND BEING A PORTION OF LOT 7, BLOCK 5, A PORTION OF PEARL STREET AND A PORTION OF BURDETTE AVENUE AS PLATTED IN DELAVAN PLACE, UNDER RECEPTION NUMBER 41969 RECORDS OF PUEBLO COUNTY, STATE OF COLORADO, BEING A PORTION OF THE WEST HALF OF SECTION 36, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE CENTERLINE OF NELSON AVENUE BEING MONUMENTED AT THE WESTERLY END BY A CITY OF PUEBLO MONUMENT BOX WITH A 2-1/2"ALUMINUM CAP STAMPED "PLS 31925"AT THE INTERSECTION OF NELSON AVENUE AND SUMNER AVENUE AND AT THE EASTERLY END BY A CITY OF PUEBLO MONUMENT BOX WITH A 2-1/2" ALUMINUM CAP STAMPED "PLS 31925"AT THE PC OF NELSON AVENUE, BEING ASSUMED TO BEAR N77°55'17"E, A DISTANCE OF 239.46 FEET. COMMENCING AT THE SOUTHWEST CORNER OF LOT 7, BLOCK 5, DELAVAN PLACE, AS PLATTED UNDER RECEPTION NUMBER 41969; THENCE N14°37'03"W ON THE WESTERLY BOUNDARY LINE OF SAID LOT 7 A DISTANCE OF 13.81 FEET TO THE POINT OF BEGINNING; THENCE N75°22'57"E A DISTANCE OF 59.12 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF SAID BURDETTE AVENUE; THENCE CONTINUING N75°22'57"E A DISTANCE OF 54.09 FEET; THENCE S27°45'58"E A DISTANCE OF 7.70 FEET; THENCE S62°14'02"W A DISTANCE OF 17.27 FEET; THENCE S27°45'58"E A DISTANCE OF 12.92 FEET; THENCE S75°32'56"W A DISTANCE OF 111.09 FEET; THENCE N14°37'03"W A DISTANCE OF 23.68 FEET; THENCE N75°22'57"E A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,749 SQUARE FEET, OR 0.063 ACRES, MORE OR LESS. LEGAL DESCRIPTION STATEMENT I, EDWARD R. FISHER, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF IS CORRECT. PPpO LICF�%II, 9'9 4'1%• 38042 c77 4 EDWARD R. FISHER, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38042 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE COLORADO SPRINGS, CO 80907 PHONE: (7191576-1216 FAX: (7191576-1206 http://ejsurueying.coni 2297339 11/21/2022 1 1:26.48 PIM Page: 4 of 4 R 28.0 D 0.00 T 28 00 Gz' ert Or:iz Clerk'Recorder Puecic County, Cr. VIII FPdr ikid1l10°1411 in k r"'r IMiXIIII III i iii 111111 EXHIBIT B i \ -.-- _--- ---- / \ \ / \ \ � / LOT 1 �� ____ / �' 1 �� ' LOT 2 / / \ \ / * / ---- LOT 3 / \\ \_______ 1 ' / f, W r \ ------ / BLOCK 5 '� \ \ LOT 4 / H / 3* '7 / '' .A / / / .1; 1\ "* �- / LOT5 / ' / '' 14' A G / ,� / / 2 A 9 gA, LOT 6 ' /S27°45'58"E 08'* 7.70' NNv,04l \ \ \ 0.063 AC / RO • / \ / / LOT----7 5°27'51"E *$a¢0�$yC \ 'LOCK 4 \ P.O.B. N� 54.09 l�' \ \ 12?„E S62°14'02"W 'LOT 16• N�5°22 17.27 �N75°22'57"E 59• S27°45'58"E \ \ —� / 10.00' 12.92' \ LOT 17' N14°37'03"W l� 23.68' °32,56.rW \ \ \ / \ 5-15111'09' \ N 14°37'03"W \ LOT 6 LOT 18` ' ,13.81' \i .. \ %�\ \ LOT S` ,i / / P.O.C. \el '' 'LOT 19` a�* \ \ \ \ 0 "LOT 7* \ �1 \ \ \ LOT •�� \ BLOCK 6\` \ \ 2 49 CP LOT 3 *B8 lvN „P \ \/4 /c BLOCK 6 / ^ \ "d \ LOT 2 /i \ \ ..-'''\ \ 9 \4(d \ N,*LOT 8 \ / \ \ �� LOT1 \ i�/ \ \ \ BLOCK 8"\ \ �r'A\ \ '/ LOT 9'\ \ p y \ \ N ITi' \ LOT 2' \ 'LOT 3" \"LOT 4" / \ \ "LOT 10\ \ y � \ ` \ \ / N — No0.LIcFhq�,, 0 zs so' 00' S l 38042 xi I - ....'.?'72 4/7MC121 SCALE: 1"=50' ��1T , LEGEND: ,,,i' \\\\\�0.``. P.O.B. POINT OF BEGINNING P.O.C. POINT OF COMMENCING 0 EDWARD-JAMES SIJRVEYIN13, INC. 926 Elkton Dr. 4732 Eagleridge Circle THIS DRAWING DOES NOT REPRESENT A Colorado Springs,CO 80907 Pueblo,CO 81008 MONUMENTED LAND SURVEY AND IS ONLY (719)576-1216 (719)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 08-19-22 JOB NO. 2299-00 ACCESS EASEMENT SHEET 2 OF 2