HomeMy WebLinkAbout09792RESOLUTION NO. 9792
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM
THE OWNER OF LOT 10, BLOCK 1, OF EAGLECROSS SUBDIVISION SECOND FILING FOR
DRAINAGE AND DETENTION PURPOSES
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement and Right -of -Way, 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.
INTRODUCED February 24, 2003
BY AI Gurule
Councilperson
APPROVED: Cf
President of City Council
ATTEST:
OR .104 w - 111"m nowl,
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #j_-3
DATE: February 24, 2003
DEPARTMENT: PUBLIC WORKS, Tom Cvar, P.E.
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY
FROM THE OWNER OF LOT 10, BLOCK 1, OF EAGLECROSS SUBDIVISION SECOND
FILING FOR DRAINAGE AND DETENTION PURPOSES.
ISSUE
Should City Council accept an easement and right of way from the owner of Lot 10,
Block 1, of Eaglecross Subdivision Second Filing for drainage and detention purposes.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The developer of Lots 10, 11 and 12 of Eaglecross Subdivision Second Filing wishes to
vacate and relocate existing detention ponds easements on Lots 11 and 12 to Lot 10 to
better accommodate the layout of new office buildings and parking lots. An existing
drainage and detention easement on Lot 10 will be enlarged to accommodate the
combined detention pond. This resolution accepts the additional easement needed for
the combined detention pond on Lot 10.
See attached vicinity map for location.
FINANCIAL IMPACT
There is no financial impact to the City from accepting these easements. All
improvements will be made by the developer.
Resolution Number 9792
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this /3 day of A&16f ,// 2 co , b
00 156 P SPa6AIAADT 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 �f1,nb ,&e s t�ETe- 4 - rJaAI , in, through, over, under and across Grantor's
property situated in Pueblo County, Colorado described in the attached Exhibit " A " (the
Property).
Grantor shall install p,,/,b "J'J6 S ,ft.G
in the Property in accordance with plans and specifications therefore approved by, and on file
with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and
condition, and repair and replace the Facilities.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right
to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect,
control, maintain, repair or replace the Facilities 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 privilege above granted and which will not interfere with or endanger any 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 Property any building or any other
structure or manufactured or mobile home or trailer unit.
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.
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Chr isC.Munoz PuebloCtyC1 _
12/03/98
"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 13 - day of t6 do
GRANTOR:
By:
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before mr, this 13` k day of
2002 by "L SL
i and official seal.
Expires: b 1 1- 7 i o to
Notary Public
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EXHIBIT "A"
An easement for the purpose of drainage located within a portion of Lot 10, Block 1,
Eaglecross Subdivision Second Filing according to the recorded plat thereof file for
record March 16, 1995 under Reception No. 1074009 in the records of the Pueblo County
Clerk and Recorders, being more particularly described as follows:
BEGINNING at a point on the north line of said Lot 10, said point also being the south
west corner of Lot 12 of said Eaglecross Subdivision Second Filing from which the north
west corner of said Lot 12 bears N 00 °13'06 "E (bearings based on the north line of said
Lot 12 Eaglecross Subdivision Second Filing, monumented at the NW comer with a No.
4 rebar with a yellow plastic cap P.L.S. No. 16128, to bear S 89 1 46'54 'E as established
on the recorded plat thereof) a distance of 229.98 feet, thence S 8947'17'T along said
north line of Lot 10, a distance of 10.00 feet; thence S 00 °13'06 "W a distance of 99.31
feet; thence S 79 °50'09 'E a distance of 214.65 feet to a point on the north line of an
existing Drainage and Detention Easement as established on the recorded plat of said
Eaglecross Subdivision Second Filing; thence N 81'12'57"W along said north line of
said easement a distance of 353.70 feet to a point of the west line of said easement;
thence N 14 °53'53 "E along the west line of said easement a distance of 22.41 feet;
thence S 68 °11'41 'E a distance of 52.55 feet; thence S 77'41'18"E a distance of 65.23
feet; thence N 00 °13'06 "E a distance of 95.03 feet to a point on the north line of said Lot
10; thence S 89 along said north line a distance of 10.00 feet to the POINT
OF BEGINNING.
Said Easement contains 0.09 acres, more or less.
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