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HomeMy WebLinkAbout07127Reception 1602897 01/18/2005 0:01A ChrisC.Munoz Pueb1oCtyC1k &Rec ORD R 11.00 D 0.00 ORDINANCE NO. 7127 AN ORDINANCE VACATING A DRAINAGE EASEMENT LYING WITHIN LOT 6, PARADISO & SPRAGUE SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. A drainage easement lying within Lot 6, Paradiso & Sprague Subdivision, and more particularly described as follows: A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE - QUARTER OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 24 WEST OF THE 6 PRINCIPAL MERIDIAN, CITY AND COUNTY OF PUEBLO, BEING DESCRIBED AS A PORTION OF LOT 6, PARADISO & SPRAGUE SUBDIVISION, AS RECORDED AT RECEPTION NO. 1503111, COUNTY OF PUEBLO RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON THE WESTERLY LINE OF SAID LOT 6, FROM WHICH THE SOUTHWEST CORNER OF LOT 6 BEARS S 00 00'00" W, A DISTANCE OF 65.00 FEET, THENCE DEPARTING SAID WESTERLY LINE; S 89 59'03" E, A DISTANCE OF 106.02 FEET, THENCE; N 00 00'00" E, A DISTANCE OF 25.00 FEET, THENCE; S 89 59'03" E, A DISTANCE OF 11.00 FEET, THENCE; S 00 00'00" W, A DISTANCE OF 78.00 FEET, THENCE; N 89 59'03" W, A DISTANCE OF 117.02 FEET, TO A POINT ON THE WESTERLY LINE OF SAID LOT 6, THENCE ALONG SAID WESTERLY LINE; N 00 00'00" E, A DISTANCE OF 53.00 FEET, TO THE POINT OF BEGINNING. is hereby vacated. SECTION 2. This ordinance shall become effective immediately upon final passage and approval. INTRODUCED: March 22. 2004 BY: Michael Occhiato COUNCILPERSON s IN P w ATTESTEfjr "' ' APPROVED: Z:a REST T OF CITY COUNCIL CLERK PASSED AND APPROVED: April 12, 2004 IIIIII VIII IIIIII IIIIII IIII VIII IIIIII III VIII IIII IIII 160289 01Q hrisC.Munoz PuehloCtyClk &Rac ORD R 11.00 D 0.00 # �i27 ED ED Background Paper for Proposed ORDINANCE 35 AGENDA ITEM # � DATE: MARCH 22, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH LAND USE ADMINISTRATORMIM MUNCH, ACTING DIR. TITLE AN ORDINANCE VACATING A DRAINAGE EASEMENT LYING WITHIN LOT 6, PARADISO & SPRAGUE SUBDIVISION ISSUE Shall City Council approve the vacation of a drainage easement? RECOMMENDATION The Planning and Zoning Commission voted 7 -0 at their regular meeting of January 14, 2004 to recommend approval. BACKGROUND The applicant is requesting to vacate a drainage easement located on vacant land north of East 4 Street and East of Utica in order to reconfigure the large drainage easement to make the lot more suitable for a future commercial building. All of the conditions imposed by the Planning and Zoning Commission have been addressed to the satisfaction of the Director of Public Works. FINANCIAL IMPACT None IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 1602899 of 4 a ChrisC.Munoz Pueb1aCtyC1k&Rec EASE R 21.00 D 0.00 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 25th day of February , 2004 by D--bprt D„__a; so , 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 drainage 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 drainage improvements 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. DPW 110 12/03/98 IIIIII 11111 1602899 ChrtsC.Munoe Pueh10CtyClk &Reo EASE 20 10.01p R 21 "Grantee" shall include the plural and the feminine Th' E- .00 v 0e shall be binding upon, and shall inure to the benefit of the heirs, personal repre nt ta ves, successors and assigns of the Grantor and Grantee. SIGNED this day of COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) GRANT By: The foregoing instrument was acknowledged bpfore me this 261 day of 2YU �� o2mb y by Ke4qQ �S lna/le C i do Witness my hand and official seal. My Commission Expires ...;,0MN� S a7 Not ar} blic IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII Page: 289901A ChrisC.Munoz Pueb1oCtyC1k &Rec EASE R 21.00 D 0.00 Exhibit "A" Drainage Easement A parcel of located within the Northwest one - quarter of Section 33, Township 20 South, Range 64 West 6th Principal Meridian, City and County of Pueblo, State of Colorado, being more particularly described as a portion of Lot 5, Paradiso & Sprague Subdivision, as recorded at Reception No. 1503111, County of Pueblo Records and being more particularly described in metes and bounds as follows. Beginning at a point within said Lot 5, from which the Southeast corner of Lot 5 bears, S 25 E, a distance of 21.92 feet; thence parallel to the South line of said Lot 5, S 88 44' 51" W, a distance of 30.03 feet; thence perpendicular to said South line of Lot 5, N 01 15'09" W, a distance of 187.96 feet, to a point being 10.00 feet distant from the North line of said Lot 5; thence parallel to said North line, S 88 45'57" E, a distance of 39.68 feet; thence parallel to the East line of said Lot 5, S 01 42' 10 W, a distance of 186.48 feet, to the Point of Beginning of this description. December 30, 2003 CIVIC Job No. 03047 EXHIBIT " DRAINAGE EASEMENT LOT 5, PARADISO & SPRAGUE SUBDIVISION COUNTY OF PUEBLO, STATE OF COLORADO EXISTING 10' PUE & DE AND LANDSCAPE BUFFER a B c B a0 14 l '. rn� H m W N Q - W - U - d K _ Y U T U O �0 "m 7 a � N 0 c �E � V U LOT 4 LOT 5 w y W co m W a U co ° z 3 ° z e W O W d z Z F X LLi S 25 °26'04 "E =, . _..._._ _...._. _ 21.92' ____ ____ ..____�...__ 30.03' EXISTING 20' DRAIN LINE AND DRAINAGE EASEMENT z POINT OF BEGINNING EXISTING 15' DRAINAGE EASEMENT � Ll __._'_ w _. _... .....___.._____..___._.�_ _ to g I Z x� w� Q LOT 6 H a z � ° s > SCALE: 1" = 40' DRAWN BY: RMM JOB NAME: LOT 5 DATE: DECEMBER 30, 2003 PARADISO &SPRAGUE SUB JOB NUMBER: 03047 LOCATION: REV. PUEBLO,CO . ,� i DESCRIPTION: DRAINAGE EASEMENT PROFESSIONAL ENGINEERS & SURVEYORS