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HomeMy WebLinkAbout15211RESOLUTION NO. 15211 A RESOLUTION APPROVING A RELEASE OF EASEMENT FOR THE REAL PROPERTY LOCATED IN THE NORTH VISTA HIGHLANDS SUBDIVISION FILING NO. 5 AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, NVH Phase 2A, LLC, is the Grantor and the City is the Grantee of a certain easement for the sanitary sewer trunk line described in attached Exhibit “A”; and WHEREAS, NVH Phase 2A, LLC, is the developer and property owner for the property known as North Vista Highlands Phase 2A and has agreed to grant to the City alternative easements or rights of ways for such purpose on the subdivision plat of North Vista Highlands, Filing No. 5; and WHEREAS, if the subdivision plat of North Vista Highlands, Filing No. 5, is not recorded, this Release of Easements shall become null and void ab initio. WHEREAS, in consideration of and subject to the limitations of the foregoing, the City releases the easement described in attached Exhibit “A”; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Release of Easement, a copy of which is attached, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver the Release of Easement in the name of the City. The City Clerk is directed to attest same, affix the seal of the City thereto and record the executed and acknowledged Release of Easement together with a certified copy of this resolution in the office of the Pueblo County Clerk and Recorder contemporaneously with or subsequent to the recording of the subdivision plat for North Vista Highlands Subdivision Filing No. 5. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Resolution and the attached Release of Easement to implement the policies and procedures described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: April 24, 2023 BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ CITY CLERK City Clerk's Office Item # M6 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 24, 2023 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andra Ahrens, Director Wastewater SUBJECT: A RESOLUTION APPROVING A RELEASE OF EASEMENT FOR THE REAL PROPERTY LOCATED IN THE NORTH VISTA HIGHLANDS SUBDIVISION FILING NO. 5 AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: This resolution authorizes the release of certain easements within the future plat of North Vista Highlands Filing No. 5. PREVIOUS COUNCIL ACTION: None BACKGROUND: The owner and developer, NVH Phase 2A, LLC., is subdividing an area that contains said easement and requires a release to accommodate the development. This portion of easement is no longer required, and the new subdivision will create any necessary easements and/or right of ways for the development. The Wastewater Department has no issues with the release of the easement. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: None ALTERNATIVES: No action or denial of the easement release would negatively affect the property owner's ability to develop this site with the new subdivision. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. 4-24-23 North Vista Highlands Filing No 5 Release of Easement - Vacate