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