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HomeMy WebLinkAbout6656RESOLUTION NO. 6656 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AND EASEMENTS FOR THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SANITARY SEWER PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION I. The City Council hereby finds and determines that the public health, safety, welfare, use, convenience and necessity require the construction of a sanitary sewer main from the Pueblo Memorial Airport Industrial Park to the City of Pueblo Municipal Wastewater Treatment Plant and the acquisition of real property and easements described in Attachment "A" therefor. The City Council does further find and determine that the public health, safety, wel- fare and interest of the City and its inhabitants will be served by the con- struction of the sanitary sewer main and acquisition of said property and easements. cFrTrnN 9 The City Manager, or his designated representative, is hereby auth- orized to take such action as may be necessary to acquire the real property and easements located in the County of Pueblo, State of Colorado, and describ- ed particularly in Attachment "A" hereto, for an aggregate sum not to exceed $52,100, to be paid from Account Number 035 - 1987 - 350 - 000 - 040 -0040. SECTION 3. If for any reason the City Manager or his designated representative is unable to acquire said real property and easements, then the City Attorney is hereby authorized and instructed to institute such proceedings as may be necessary to acquire the property through condemnation by the exercise of the power of eminent domain. INTRODUCED December 21 1 1990 By DR. GILBERT GARBISO Councilman APPROVED: �4 ZL'- President of the Council ATTEST: City Clerk -2- EXHIBIT "A" GUS' WHOLESALE MEAT AND FOODS CO. PERMANENT SEWER EASEMENT NO. 5 -1 A permanent sewer easement situated in Lot 1, as recorded March 21, 1921 in Plat Book 11 at Pueblo County, said Subdivision located in the Section 5, Township 21 South, Range 64 West of County of Pueblo, State of Colorado, described Academy of Natural Sciences Page 28 of the records of Northwest one - quarter of the 6th Principal Meridian, as follows: Beginning at the Northeast corner of said Northwest one - quarter of said Section 5, being also the Northeast corner of said Lot 1; thence S 00 09'31" E, along the East line of said Lot 1, 667.58 feet to the Southeast corner of said Lot 1; thence S 89 W, along the South line of said Lot 1, 63.14 feet; thence N 00 W, 275.32 feet thence N 01 W, 392.39 feet to North line of said Lot 1; thence N 89 E, along said North line, 74.19 feet to the point of beginning. The above described easement parcel contains 44,523 square feet, more or less. The basis of bearings for the above described parcel is from solar ob- servations to determine the North line of said Section 5. ALICE HAFER TRUST PERMANENT SEWER EASEMENT NO. 27 -2 A permanent sewer easement situated in the tract of land described in that instrument recorded in Book 2228 at Page 606 in the Pueblo County Records being a part of the Southeast one - quarter of the Southwest one - quarter of Section 27, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the South one - quarter corner of said Section 27; thence S 88 W, along the South line of the Southwest one - quarter, 76.58 feet to the intersection of said South line with the Southerly extension of the East line of that tract of land described in said Book 2228 at Page 606; thence N 00 W, along said extension and along said East line, parallel with the West line of said Section 27, 115.37 feet to a point 40.00 feet, as measured at right angles, Northerly from the North- erly right -of -way line of the Atchison To8eka and Santa Fe Railroads, being the point of beginning; thence S 77 40'39" W, parallel with the Northerly right -of -way line of said Railroad, 411.87 feet to the West line of the above said tract; thence N 00 W, along said West line, parallel with the West line of said Section 27, 51.01 feet to a point 90.00 feet, as measured at right angles, Northerly from the Northerly right - of -way line of said Railroad; thence N 77 E, parallel with said Northerly right -of -way line, 411.87 feet to the East line of said tract de- EXHIBIT "A" Page 2 2. ALICE HAFER TRUST - PERMANENT SEWER EASEMENT NO. 27 -2 (Cont'd.) scribed in Book 2228 at Page 606; thence S 00 E, along the East line of said tract, 51.01 feet to the point of beginning. The above described easement parcel contains 20,595 square feet, more or less. The basis of bearings for the above described parcel is from solar ob- servations to determine the South line of said Section 27. 3. MARY ALICE T. JONES (Deceased), THOMAS ALLEN KAUFMAN, EDWARD TEMPLE KAUFMAN, JOHN J. TUCCI, AL AMBROSE, AUBREY AMBROSE, ROY BROWN, THOMAS V. HEALY PERMANENT SEWER EASEMENT NO. 27 -3 A permanent sewer easement located in a parcel of land described in that instrument recorded in Book 2302 at Page 965 and 966 in the records of Pueblo County, said sewer easement situated in the South one -half of Section 27, Township 20 South, Range 64 West, of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Southeast corner of said Section 27; thence N 00 W, along the East line of Section 27, 454.79 feet to a point 40.00 feet, as measured at right angles, Northerly from the Northerly right -of -way line of the Atchison Topeka and Santa Fe Railroad, being the point of beginning; thence S 89 07" W, parallel with said Northerly right -of -way line, 166.32 feet to a point of curve; thence continuing parallel with said North- erly right -of -way line, along the arc of a curve to the left, having a radius of 5967.80 feet and a central angle of 11 ", 1198.61 feet to a point of tangent; thence S 77 W, along said tangent, parallel with said Northerly right -of -way line, 1275.12 feet to the North -South centerline of said Section 27; thence continuing along last said course, S 77 W, parallel with said Northerly right -of -way line, 78.20 feet to the East line of a tract of land described in that instrument recorded in Book 2228 at Page 606 of the records of Pueblo County; thence N 00 W, along the East line of said tract, 51.01 feet to a point 90.00 feet, as measured at right angles, Northerly from the Northerly right -of -way line of said Rail- road; thence N 77 E, parallel with said Northerly right -of -way line, 78.24 feet to the North -South centerline of said Section 27; thence S 00 52'45" E, along said North -South centerline, 10.20 feet to a point 80.00 feet, as measured at right angles, from said Northerly right -of -way line; thence N 77 E, parallel with said Northerly right -of -way line, 1267.02 feet to a point of curve; thence continuing parallel with said Northerly right -of -way line, along the arc of a curve to the right, having a radius of 6007.80 feet and a central angle of 11 ", 1206.64 feet to a point of tangent; thence N 89 E, along said tangent, parallel with said Northerly right -of -way line, 126.30 feet to a point 40.00 feet, as measured at right angles, Westerly from the East line of Section 27; thence EXHIBIT "A" Page 3 3. MARY ALICE T. JONES, ETAL - PERMANENT SEWER EASEMENT NO. 27 -3 (Cont'd.) N 00 0 50'23" W, parallel with said East line, 87.96 feet; thence N 89 0 11' 07" E, parallel with the Northerly right -of -way line of said Railroad, 40.00 feet to the East line of said Section 27; thence S 00 0 50'23" E, along the East line of said Section 27, 127.97 feet to the point of be- ginning. The above described easement parcel contains 113,063 square feet, more of less. The basis of bearings for the above described parcel is from solar ob- servations to determine the South line of said Section 27. PERMANENT SEWER EASEMENT NO. 27 -4 A permanent sewer easement situated in the Southwest one - quarter of Section 27, Township 20 South, Range 64 West, of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Southeast corner of the Southwest one - quarter of said Section 27; thence S 88 0 06'23" W, along the South line of said Southwest one - quarter, 480.38 feet to the intersection of said South line with the Northerly right -of -way line of the Atchison Topeka and Santa Fe Railroad being the Southwest corner of a parcel of land described in that instrument recorded at Page 2228 at Page 606 in the records of Pueblo County; thence N 00 0 55'07" W, along the Westerly line of said parcel, 40.81 feet to a point 40.00 feet, as measured at right angles, Northerly from the Northerly right - of -way line of said Atchison, Topeka and Santa Fe Railroad, being the point of beginning; thence S 77 0 40'39" W, parallel with said Northerly right -of- way line, 225.40 feet to the South line of said Southwest one - quarter of Section 27; thence S 88 0 06'23" W, along said South line, 128.72 feet to the-Southeast corner of a parcel of land described in that instrument re- corded in Book 1669 at Page 484 in the records of Pueblo County, N 00 0 53' 56" W, along the East line of said parcel, 27.24 feet to a point 90.00 feet, as measured at right angles, Northerly from the Northerly right -of -way line of the Atchison Topeks and Santa Fe Railroad; thence N 77 ° 40'39" E, parallel with said Northerly right -of -way line, 356.68 feet to the West line of said parcel of land described in said Book 2228 at Page 606; thence S 00 ° 55'07" E, along said West line, 51.01 feet to the point of beginning. The above described easement parcel contains 16,305 square feet, more or less. The basis of bearings for the above described parcel is from solar ob- servations to determine the South line of said Section 27. EXHIBIT "A" Page 4 4 UNION PACIFIC RAILROAD COMPANY (FORMERLY THE MISSOURI PACIFIC RAILROAD COMPANY) PERMANENT SEWER EASEMENT NO. 32 -1 A permanent sewer easement situated in the South one -half of Section 32, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Beginning at the Southeast corner of the Southwest one - quarter of said Section 32; thence S 89 W, along the South line of said Southwest one - quarter, 74.19 feet; thence N 56 04'46" E, 114.02 feet; thence N 89 54'47"-E, 865.11 feet to a point 15.00 feet, as measured at right angles, Westerly from the Westerly right -of -way line of Reading Street (formerly Lawrence Street) as defined by the Wiley and Chamberlin's Sub. recorded June 9, 1887 in Plat Book 2 at Page 41 of the Pueblo County Records; thence N 02 W, parallel with said Westerly right -of -way line, 1489.84 feet to the Southerly right -of -way line of the Missouri Pacific Railroad; thence N 53 E, along said Southerly right -of -way line, 18.25 feet to the Westerly right -of -way line of said Reading Street; thence S 02 E, along said Westerly right -of -way line, 1545.67 feet to the Northerly right -of -way line of Juniper Street as defined by the above said Plat; thence S 87 W, along said Northerly right -of -way line, 485.46 feet to the South line of the Southeast one - quarter of said Section 32; thence S 89 W, along said South line, 417.11 feet to the point of beginning. The above described easement parcel contains 76,328 square feet, more or less. The basis of bearings for the above described parcel is from solar ob- servations to determine the South line of said Section 32. 5 UNION PACIFIC RAILROAD COMPANY (FORMERLY THE MISSOURI PACIFIC RAILROAD COMPANY) A strip of land 100.00 feet wide situate in the NZSE, and SE,NE, of Section 32, the S ZNW 4, W 4, and NE qNE , of Section 33, and the N ZNW 4 of Section 34, all in T. 20 S., R. 64 W. of the Sixth Principal Meridian in Pueblo County, Colorado, lying adjacent to and southerly of the right -of -way of the Atchison, Topeka and Sante Fe Railroad Company, said 100.00 foot wide strip being 50.00 feet wide on each side, measured at right angles and /or radially, of the hereinafter described centerline of the abandoned main track of the Hoisington Branch of the Missouri Pacific Railroad Company, as formerly constructed and operated, and extending northeasterly from the west line of Reading Avenue (Lawrence Street) in the County of Pueblo, Colorado, to a line drawn normally to said centerline at a point thereon that is 545.00 feet distant southwesterly, measured along said centerline, from the east line of the NW, of said Section 34. EXHIBIT "A" Page 5 5. UNION PACIFIC RAILROAD COMPANY (FORMERLY THE MISSOURI PACIFIC RAILROAD COMPANY) (Cont'd.) Excepting and reserving therefrom all of that certain 0.60 acre parcel of land situate in the NE4NE4 of said Section 33 and the NW4NW4 of said Sec- tion 34, and described as Tract No. 3 in that certain deed from said Missouri Pacific Railroad Company to the State Department of Highways, Division of Highways, State of Colorado, dated February 17, 1976. Containing a net area of 22.10 acres, more or less. Also, all those portions of Lots 14, 15 and 16 in Block 335 of Wiley and Chamberlin's Subdivision of the W and E2SW4 of Section 32, T. 20 S., R. 64 W., according to the recorded plat thereof, that lie southeasterly of the hereinabove described 100 foot wide strip of land. Containing an area of 1,465 square feet or 0.034 of an acre, more or less. Said centerline of abandoned main track, hereinabove referred to, being more particularly described as follows: Commencing at the intersection of the west line of said Section 34 with said centerline of abandoned main track, said intersection point being 545.00 feet distant southerly, measured along said west line, from the northwest corner of said Section 34; thence northeasterly, deflecting 78 from north to northeast from said west line of said Section 34, a distance of 2,117.00 feet to the southwest line of that certain strip of land described as Tract No. 2 in that certain deed from said Missouri Pacific Railroad Company to the State Department of Highways, Division of Highways, State of Colorado, dated February 17, 1976, and the True Point of Beginning of centerline here- by being described; thence southwesterly along the last described line, a distance of 2,165.00 feet to the beginning of a tangent curve to the left, having a radius of 5,729.65 feet; thence southwesterly along said curve, through a central angle of 9 ", a distance of 940.50 feet; thence southwesterly, tangent to the last described curve, a distance of 4,219.00 feet to the beginning of a tangent curve to the left, having a radius of 5,729.65 feet; thence southwesterly along said curve, through a central angle of 15 ", a distance of 1,513.40 feet; thence southwesterly, tangent to the end of the last described curve, a distance of 1,050.00 feet, more or less, to said west line of Reading Avenue (Lawrence Street) and the end of the centerline hereby described.