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HomeMy WebLinkAbout6848RESOLUTION NO. 6848 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AND EASEMENTS FOR THE PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SANI- TARY SEWER PROJECT AND REPEALING RESOLUTION NO. 6656 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council hereby finds and determines that the public health, safety, welfare, use, convenience and necessity require the con- struction of a sanitary sewer main from the Pueblo Memorial Airport In- dustrial Park to the City of Pueblo F9unicipal Wastewater Treatment Plant and the acquisition of real property and easements described in Attachment "A" which is annexed hereto and incorporated herein. The City Council does further find and determine that the public health, safety, welfare 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. SECTION 2. The City Manager or his designated representative is hereby authorized 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 described in the annexed Attachment "A" for an aggregate amount not to exceed $53,400.00 which is hereby appropriated from Account Number 034- 1991 - 100 - 000 - 040 -8910 for such purpose. , FP TMN I If for any reason the City Manager or his designated representa- tive 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 and easements described in the annexed Attachment "A" through condemnation by the exercise of the power of eminent domain. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. Resolution Number 6656 is hereby repealed. INTRODUCED November 11 1 1991 By HOWARD WHITLOCK Councilperson APPROVED: President of the Council ATTEST: - 2 - Attachment " A " Page 1 1. GUS' WHOLESALE MEAT AND FOODS CO. PERMANENT SEWER EASEMENT NO. 5 -1 A permanent sewer easement situated in Lot 1, Academy of Natural Sciences as recorded March 21, 1921 in Plat Book 11 at Page 28 of the records of Pueblo County, said Subdivision located in the Northwest one - quarter of Section 5, Township 21 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described 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 E, along the East line of said Lot 1, 667.58 feet to the Southeast corner of said Lot 1; thence S 89 0 48 1 59" W, along the South line of said Lot 1, 63.14 feet; thence N 00 °17 W, 275.32 feet; thence N 0 0 40'52" W, 392.39 feet to North line of said Lot 1; thence N 89 °48 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 observations to determine the North line of said Section 5. 2. 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 °06 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 Attachment " A " Page 2 Page 606; thence N 00 0 55 1 07" 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 Northerly right -of -way line of the Atchison, Topeka and Santa Fe Railroads, being the point of beginning; thence S 77 0 40 1 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 0 0 55 1 07" 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 0 40 1 39" E, parallel with said Northerly right -of -way line, 411.87 feet to the East line of said tract described in Book 2228 at Page 606; thence S 00 °55 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 observations to determine the South line of said Section 27. 3. THOMAS ALLEN KAUFMAN, EDWARD TEMPLE KAUFMAN, JOHN J.TUCCI, AL AMBROSE, AUBREY AMBROSE, ROY BROWN, THOMAS V. HEALY, THE ETHELYN J. POTESTIO FAMILY TRUST AND THE MARGARET ANN HYDE FAMILY TRUST 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 °50 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 0 11'07" W, parallel with said Northerly right -of -way line, 166.32 feet to a point of Attachment " A " Page 3 curve; thence continuing parallel with said Northerly 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 0 30 1 27 11 , 1198.61 feet to a point of tangent; thence S77 0 40 1 39" 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 °40 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 °55 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 Railroad; thence N 77 0 40 1 39" E, parallel with said Northerly right -of -way line, 78.24 feet to the North -South centerline of said Section 27; thence S 00 0 52 1 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 0 40 1 39" 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 *30 1206.64 feet to a point of tangent; thence N 89 °11 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 N 00 0 50 1 23" W, parallel with said East line, 87.96 feet; thence N 89 0 11 1 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 °50 E, along the East line of said Section 27 127.97 feet to the point of beginning. 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 observations 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: Attachment " A " Page 4 Commencing at the Southeast corner of the Southwest one - quarter of said Section 27; thence S 88 °06 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 Book 2228 at Page 606 in the records of Pueblo County; then 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 °40 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 1 23" W, along said South line, 128.72 feet to the Southeast corner of a parcel of land described in that instrument recorded in Book 1669 at Page 484 in the records of Pueblo County, N 00 0 53 1 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, Topeka, and Santa Fe Railroad; thence N 77 0 40 1 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 0 55 1 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 observations to determine the South line of said Section 27. 4. UNION PACIFIC RAILROAD COMPANY (FORMERLY THE MISSOURI PACIFIC RAILROAD COMPANY) A strip of land 100.00 feet wide situated in the N -112 SE -1/4 and SE -1/4 NE -1/4 of Section 32, the S -1/2 NW -1/4, W -1/2, NE -1/4, and NE -1/4, NE -1/4 of section 33, and the N -1/2, NW -1/4 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 Santa 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 Attachment " A " Page 5 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. Excepting and reserving therefrom all of that certain 0.60 acre parcel of land situated in the NE -1/4, NE -1/4 of said Section 33 and the NW -1/4, NW -1/4 of said Section 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 -1/2, SE -1/4, and E -1/2, SW -1/4 of Section 32, T. 20 S., R. 64 W., according to the recorded plat thereof, that lies 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 °31' 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 hereby 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 °24'30 a distance of 940.50 feet; thence southwesterly, tangent to the last described Attachment " A " Page 6 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 0 08 1 02 11 , 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. 5. GEORGE CHAPO, JR. PERMANENT SEWER EASEMENT NO. 27 - 1 A permanent sewer easement situated in a parcel of land described in that instrument recorded in Book 1669 at Page 484 of the records of Pueblo County, said parcel of land situated in 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: Beginning at the southeast corner of the above said parcel; thence S 88 °06'23" W, along the south line of said Section 27, 147.50 feet to a point 90.00 feet, as measured at right angles, northerly from the northerly right -of -way line of the Atchison, Topeka, and Santa Fe Railroad; Thence N 77 °40 E, parallel with said northerly line, 150.46 feet to the east line of said parcel described in Book 1669 at Page 484; Thence S 00 °53 E, along said East line, 27.24 feet to the Point of beginning The above described parcel contains 2009 square feet, more or less. The basis of bearings for the above description is from solar observations to determine the south line of said Section 27. 6. MURPHY & HOFFMAN JOINT VENTURES, L.P., AND CHARLES C. JETT PERMANENT SEWER EASEMENT NO. 34 - 2 A permanent sewer easement situated in the parcel of land described in that instrument recorded in Book 2276 at Page 90 in the Pueblo County records being a part of the East -half of the Northwest one - quarter of Section 34, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Attachment " A " Page 7 Commencing at the Northwest corner of said Section 34; Thence N 88 °06 E, along the North line of said Section 34, 1303.44 feet to the Northwest corner of HARTMAN AND WILCOXS SUBDIVISION as recorded in Book 3 Page 19 in the Pueblo County records; Thence S O1 °20 E, along the West line of said Plat, 15.00 feet to the Northwest corner of that parcel of land described in said Book 2276 at Page 90, being the poing of beginning; Thence N 88 0 06 1 23" E, along the North line of said parcel, 467.02 feet to the East line of said parcel; Thence S 01 0 20 1 40" E, along the East line of said parcel, 9.91 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; Thence S 77 0 40 1 39" W, parallel with said Northerly right -of -way line, 475.70 feet to the West line of said parcel; Thence N 01 °20 W, along the West line of said parcel, 96.02 feet to the Point of beginning. The above described easement parcel contains 24,735 square feet, more or less. The basis of bearing for the above described parcel is from solar observations to determine the North line of said Section 34. PERMANENT SEWER EASEMENT NO. 34 - 3 A permanent sewer easement situated in the parcel of land described in that instrument recorded in Book 2276 at Page 88 in the Pueblo County records being a part of the Northwest one - quarter of the Northwest one - quarter of Section 34, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Northwest corner of said Section 34; Thence N 88 °06 E, along the North line of said Section 34, 1303.44 feet to the Northeast corner of that parcel of land described in said Book 2276 at Page 88; Thence S O1 °20 E, along the East line of said parcel, 29.53 feet to a point 120.00 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 01 °20 E along the East line of said parcel, 81.49 feet to a point 40.00 feet, as measured at right angles, Northerly from the Northerly right -of -way line of said railroad; Thence S 77 0 40 1 39" W, parallel with said Northerly right -of -way line, 116.90 feet; Thence Attachment "A" Page 8 S 12 °19'21" E, 40.00 feet to the Northerly right -of -way line of said Railroad; Thence S 77 0 40'39" W, along said Northerly right -of -way line, 80.00 feet; Thence N 12 °19 21" W, 120.00 feet; Thence N 77 °40 E, parallel with said Northerly right -of -way line, 212.42 feet, to the Point of Beginning. The above described easement parcel contains 19,573 Square feet, more or less. The basis of bearing for the above described parcel is from solar observations to determine the north line of said Section 34. PERMANENT SEWER EASEMENT NO. 34 - 4 A permanent sewer easement situated in the Parcel of land described in that instrument recorded in Book 2276 at Page 88 in the Pueblo County records being a part of the Northwest one - quarter of the Northwest one - quarter of Section 34, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Northwest corner of said Section 34; Thence N 88 0 06 1 23" E, along the North line of said Section 34, 1303.44 feet to the Northeast corner of the Northwest one - quarter of the Northwest one - quarter of said Section 34; Thence S 01 °20 E, along the East line of said northwest one - quarter of the north -west one - quarter of section 34, 355.49 feet to the southerly right -of -way line of the Missouri Pacific Railroad; Thence S 77 °40 W, along said southerly right -of -way line, 661.71 feet to the point of beginning; Thence continuing along last said course, S 77 °40 W, along said Southerly right -of -way line, 40.16 feet; Thence S 07 °16 E, 268.24 feet to a point on the Northerly right -of -way line of Colorado State Highway No. 96, said point being on a curve; Thence Eastelry along said Northerly right -of -way line, along the arc of a curve to the left, having a radius of 1213.30 feet, a chord bearing of S 89 0 17 1 57" E, 40.39 feet and a central angle of 01 °54 40.39 feet; Thence N 07 0 16 1 23" W, 277.38 feet to the point of beginning. The above described easement parcel contains 10,917 square feet, more or less. The basis of bearing for the above described parcel is from solar observations to determine the North line of said Section 34. Attachment " A " Page 9 7. STEVEN W. BROCK & ROY L. BROCK PERMANENT SEWER EASEMENT NO. 34 - 5 A permanent sewer easement situated in parcel B of land described in that instrument recorded in Book 1847 at Page 468 in the Pueblo County records being a part of the West -half of the Northwest one - quarter of Section 34, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Northwest corner of said Section 34, Thence S 00 0 34 1 45" E, along the West line of said Section 34, 718.91 feet to the intersection of said West line with the Southerly right -of -way line of Colorado State Highway No. 96, said point of intersection being also on the Northerly right -of -way line of a roadway; Thence along the Northerly right -of -way line of said roadway S 58 °19 E, 332.78 feet; Thence continuing along said Northerly right -of -way line of a roadway S 77 °55 E, 374.13 feet to a point 15.00 feet, as measured at right angles, Westerly from the East line of said Parcel B being the point of Beginning; Thence continuing along said Northerly right -of -way line of said roadway S 77 °55 E, 15.24 Feet to the Southeast corner of said parcel B described in said Book 1847 at Page 468; Thence N 01 °53 E, along the east line of said parcel, 84.00 feet to a point on the Southerly right -of -way line of said Highway No. 96, said point being on a curve; Thence Westerly along the Southerly right -of -way line of said Highway, along the arc of a curve to the right, having a radius of 1323.30 feet, a chord bearing of N 88 °06 W, 15.00 feet, and a central angle of 00 °38 15.00 feet; Thence S 01 0 53 1 15" W, parallel with the East line of said parcel, 81.30 feet to the Point of Beginning. The above described easement Parcel contains 1,240 square feet, more or less. The basis of bearings for the above described parcel is from solar observations to determine the West line of said Section 34. Attachment "A" Page 10 8. JOHN B. THOMPSON PERMANENT SEWER EASEMENT NO. 34 - 6 A permanent sewer easement situated in the parcel of land described in that instrument recorded in Book 1853 at Page 171 in the Pueblo County records being a part of the West -half of the Northwest one - quarter of Section 34, Township 20 South, Range 64 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, described as follows: Commencing at the Northwest corner of said Section 34, Thence S 00 °34 E, along the West line of said Section 34, 718.91 feet to the intersection of said West line with the Southerly right -of -way line of Colorado State Highway No. 96, said intersection being also on the Northerly right -of -way line of a roadway; Thence along said Northerly right -of -way line the following two (2) courses: 1) S 58 0 19 1 45" E, 332.78 feet; 2) S 77 °55 E, 389.37 Feet to the Southeast corner of Parcel B of that instrument recorded in Book 1847 at Page 468 in said Pueblo County Records, being the Point of Beginning; Thence N 01 °53 E, along the West line of said parcel described in Book 1853 at Page 171, 84.00 feet to a point on the Southerly right -of -way line of said Highway, said point being on a curve; Thence Easterly along the Southerly right -of -way line of said Highway, along the arc of a curve to the left, having a radius of 1323.30 feet, a chord bearing of S 89 0 17 1 18" E, 39.56 feet, and a central angle of 01 °42 39.57 feet to the Northeast corner of said parcel described in Book 1853 at Page 171; Thence S O1 0 53 1 15" W, along the East line of said Parcel, 143.87 feet; Thence S 89 °08'17" W, 39.60 feet to the West line of said parcel; Thence N 01 0 53 1 15" E, along the West line of said parcel, 60.96 feet to the Point of Beginning. The above described Easement Parcel contains 5,708 square feet, more or less. The basis of bearings for the above described parcel is from solar observations to determine the West line of said Section 34.