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Home My WebLink About15048RESOLUTION NO. 15048 A RESOLUTION APPROVING AND ACCEPTING A SANITARY SEWER EASEMENT FROM INHABX, LLC., A COLORADO LIMITED LIABILITY COMPANY, FOR 0.084 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 sanitary sewer easement across a portion of their property for the City of Pueblo to operate, maintain, and repair a sanitary sewer line running through the property; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Sanitary Sewer Easement to be granted to the City 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 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 # M10 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 SANITARY SEWER EASEMENT FROM INHABX, LLC., A COLORADO LIMITED LIABILITY COMPANY, FOR 0.084 ACRES OF LAND SUMMARY: This Resolution will authorize the City of Puebo to accept a Sanitary Sewer Easement for 0.084 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 sanitary sewer easement across portions of several lots under their ownership in order to allow the City of Pueblo to operate, maintain, and repair an existing sewer line that runs through the 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 Easement, resulting in significant hardship to the developer who would be required to relocate the existing sewer line. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Sanitary Sewer Access Easement - inhabX Reception 2297340 11/21/2022 11:26:48 AM EASEMENT THIS EASEMENT, granted this 9 day of M , 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 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 560 Pearl St.and described as follows(the "Easement Property"): See Exhibit"A" TOGETHER WITH the right to enter upon the property for the purposes of construction, maintenance, control,and repair of the sanitary sewer, and together with 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 sanitary sewer and to recover the costs thereof. The Grantor reserves the right to use and occupy the Easement 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 Easement Property any building or any other structure or manufactured or mobile home or trailer unit upon the easement herein granted. Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to the Easement Property and full power to grant this easement,and(b)will defend Grantee's quiet and peaceful possession of the Easement Property against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. 1 SIGNED this / day of /764/4> -may ,2022. GRANTOR, inhabX, LLC, By: _ie. Name: ,fii/7#i Wari Title: ,Oit_oo 2297340 11/21/2022 11:26:48 Pm Pag a 2. of 4 R 28.00 D 0 00 T 28.00 Gilbert' Ortiz Cler:IRecorder. Puablo County, Co 1111 :rR Prr 'I4 'Illi'IAli Ill II STATE OF COLORADO ss. COUNTY OF PUEBLO The foregoing instrument was acknowledged before me this 0 day ofAliat Qb _-2022 by 9 rte`_ 60,(04,k_ of inhabX, LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: di i//.A,/i I. • GERALDINE JACQUELINE ROQUE -• 4,/ .Ad! /— �1' NOTARY PUBLIC otary Public / STATE OF COLORADO NOTARY ID 20194043857 MY COMMISSION EXPIRES 11/20/2023 2297340 11/21/2022 11'2E:48 PM Pa�Prt3Go i�4,l.erk2 c00 nr0.00bTc28 00v co uIIIJ�.r� #lwk�l �'I ?IL�4�1'��Illri I�� F'tbi"ILII!Ihliii��h ,III I EDWARD-JAMES SURVEYING, INC. September 26, 2022 Job No. 2299-00 Page 1 of 2 EXHIBIT"A" LEGAL DESCRIPTION: AN EASEMENT FOR SANITARY SEWER UTILITY AND MAINTENANCE PURPOSES THROUGH A PORTION OF LOTS 19 THROUGH 21, INCLUSIVE, AND A PORTION OF SUMNER 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 20, BLOCK 2, DELAVAN PLACE, UNDER RECEPTION NUMBER 41969, THENCE N14°37'03"W, ON THE WESTERLY BOUNDARY LINE OF SAID LOT 20 A DISTANCE OF 13.33 FEET TO THE POINT OF BEGINNING; THENCE N14°37'03"W, ON THE WESTERLY BOUNDARY LINE OF SAID BLOCK 2, A DISTANCE OF 21.49 FEET; THENCE S83°08'45"E, A DISTANCE OF 180.68 FEET TO A POINT ON CURVE SAID POINT BEING ON THE EASTERLY BOUNDARY LINE OF SAID DELAVAN PLACE; THENCE ON SAID EASTERLY BOUNDARY LINE OF SAID DELAVAN PLACE, ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 01°09'14", A RADIUS OF 1,195.96 FEET, A DISTANCE OF 24.09 FEET, WHOSE CHORD BEARS S27°01'02"E, A DISTANCE OF 24.09 FEET; THENCE N83°08'45"W, A DISTANCE OF 186.24 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 3,668 SQUARE FEET OR 0.084 ACRES. 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. cLP00 LICF�1P9, cA1.4 `'� i • 38042 i 72 /// FSS' 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: (71 9) 576-1216 FAX: (71 9) 576-1206 http:/lejsurveying.com 2297340 11/21/2022 11:26:48 AM 4Crt0f C 41RPueblo 28.00 D 0.00T28.00 GilbertCounty, c III 'i�IrYliti k�lki !'I +r:hu'i�Tl�i� h Fi�I'T N 11GI i.hildnA \°ii UI III ILLUSTRATION FOR EXHIBIT A / / 'LOT 13' ----\ \ _-� ------ `LOT 14' / N 1 'LOT 15' ii ----- I` / "BLOCK 2" \ * / *LOT 16* ----- 0 25' 50' 100' I / / / 1 1 / "LOT 17' SCALE' 1"=50' / DELEVAN PLACE O M REC.NO.41969 'LOT 12* Ili__ / / `LOT 18' / / / AREA \ / / / 'LOT 19' / -i3,668 SF / 0.084 AC ---- - - N14°37'03"W \ S83°08'' 21.49' 45'ELOT 20*180.68'- 10 180.68' / L=24.09' R=1,195.96' LI=1°09'14" P.O.B. ' ' OT 21* Ch=24.09' ChB=S27°01'02"E N 14°37'03"W 186.24' 13.33' N83°08451W 'LOT 13' P.O.C. E" _---- ---- *S UBLi�R o W.) (40' i LOT 1 �— I I \ _---- / LOT 2 ----- ----- ---- *LOT 'LOT 11` / / �� / �-. ,� ------ 'I LOT 3 ' �� l O ----- ---- *LOT *LOT 12' b / _---- / BLOCK 5 / r LOT4 / 'LOT 13' ?/ ----- ----- ---- / o * -i / LOT 5 I� *LOT 14' \ I LEGEND: P.O.B. POINT OF BEGINNING „g�cPOo;L'C£ti''•• q ' P.O.C. POINT OF COMMENCING -—+'� ',r – i • 38042 i p •: � -13 /� oil BASIS OF BEARINGS: / F C S THE CENTERLINE WESTERLY END BYOF NELSON AVENUE BEING A CITY OF PUEBLO MONUMENT MONUMENTEDBOX\ AT THE H 2 //'i) 'VG .1,\\\\"Q��.... 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. ,11011.111611) EDWARD-JAMES SURVEYING, 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. 09/26122 JOB NO. 2299-00 UTILITY EASEMENT SHEET 2 OF 2