HomeMy WebLinkAbout7373F_J
RecePtion #: 1044475 Date: 05/13/1994 Time: 1250 Book: 2732 Page: 842 Chris C. Munoz
Inst.: RES Rec Fee: 10.00 Doc Fee: 0.00 Page: 1 of 2 Pueblo Co.C1k.&Rec.
RESOLUTION NO. 7373
A RESOLUTION APPROVING EASEMENTS AND RIGHTS OF
WAY AND AGREEMENT RELATING TO THE SPECIAL AREA
PLAN FOR THE WALKING STICK ESTATES AND THE
VILLAS AT WALKING STICK AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The following Easements and Rights of Way and Agreement relating to the Special Area
Plan for Walking Stick Estates and the Villas at Walking Stick
(a) 30 -foot Easement and Right of Way for the purpose of water lines and storm
sewer from the City of Pueblo for the Board of Water Works and the City of Pueblo;
(b) 30 -foot Easement and Right of Way for the purpose of water lines from the
City of Pueblo for the Board of Water Works and the City of Pueblo;
(c) I0 -foot Easement and Right of Way for the purpose of installation,
construction, maintenance, control and repair of fence on the lots adjacent to the Walking
Stick Golf Course from the City of Pueblo to Walking Stick U.S. Limited Partnership;
(d) Agreement relating to the private Perimeter Underground Drain System
between the City and Walking Stick U.S. Limited Partnership.
copies of which are attached hereto, having been approved as to form by the City Attorney, are
hereby approved.
SECTION 2
The President of the City Council is authorized to execute the Easements and Rights of Way
and Agreement in the name of the City and the City Clerk is authorized to affix the seal of the City
thereto, attest same, and cause the instruments to be recorded in the office of the Pueblo County
Clerk and Recorder.
Book: 2732 Page: 843 Chris C. Munoz
Page: 2 of 2 Pueblo Co.C1k.4Rec.
INTRODUCED: May 9, 1994
ATTEST:
City Clerk
By SAMUEL CORSENTINO
Councilperson
APPROVED:
P sident of the City Council
-2-
r-
AGREEMENT
This Agreement is entered into between the City of Pueblo, a Municipal Corporation,
and Walking Stick U.S. Limited Partnership, a Colorado Limited Partnership, effective on the
date signed below.
RECITALS
A. The Special Area Plan for the Walking Stick Estates and the Villas at Walking Stick
include an Easement for a private Perimeter Underdrain System.
B. The private Perimeter Underdrain System, including the Underdrain Main and
Service Lines (the "System ") shall be located within the same trench as the public sanitary
sewer line in the Walking Stick Estates and in the Villas at Walking Stick (the Trench ")
THEREFORE, FOR VALUABLE CONSIDERATION, RECEIPT OF WHICH IS
ACKNOWLEDGED, THE CITY OF PUEBLO AND WALKING STICK U.S. LIMITED
PARTNERSHIP MUTUALLY AGREE AS FOLLOWS:
1. Responsibility. Walking Stick U.S. Limited Partnership, its successors and assigns,
shall be responsible for the installation, maintenance, replacement and repair of the System, and
as a consequence, Walking Stick U.S. Limited Partnership will require access to the System
from time to time for the purpose of installation, maintenance, replacement and repair.
2. Repairs. Walking Stick U.S. Limited Partnership or its successors and assigns, shall
repair all damage caused by the System or resulting from the installation, maintenance,
replacement or repair of the System.
3. Access. The City of Pueblo grants, subject to all applicable City Ordinances and
as long as the System is located in the Trench, Walking Stick U.S. Limited Partnership, its
successors and assigns, a continuous right to access the System from time to time as needed
for the installation, maintenance, repair and replacement of the System. If the sanitary sewer
t
line is removed or relocated from its location in the Trench and such removal or relocation
causes or results in any modification, change, removal or relocation of the System, such
modification, change, removal or relocation will be performed at the sole cost and expense of
Walking Stick U.S. Limited Partnership, its successors and assigns. Prior to excavation in the
public right of way for purposes of installation, maintenance, repairs or replacement of the
System, Walking Stick U.S. Limited Partnership shall obtain all necessary permits from the
City and its consent for such excavation, which consent will not be unreasonably delayed or
withheld.
4. Amendment. This Agreement shall not amend, modify or change the Easement for
the System established by the Special Area Plan as recorded.
5. Binding Agreement. The terms and conditions of this Agreement shall be binding
upon and inure to the benefit of the parties, their successors and assigns.
6. Governing law. This Agreement shall be construed, interpreted and enforced in
accordance with the laws of the State of Colorado.
The CITY OF PUEBLO, a home rule
municipality duly organized and
existing under the laws of the
State of Colorado
Bt ,
Joyce Lawrence
resident of City Council
1R1 '4 y 199V
Date
2
WALKING STICK U.S. LIMITED PARTNERSHIP
A Colorado Limited P rs
By /c
Donal . Goldman, President of DAT
Holystone Development Corporation,
a Colorado Corporation, the sole
general partner of Walking Stick
U.S. Limited Partnership
STATE OF COLORADO )
SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this IW—� day of 1994
by Donald S. Goldman, as President of Holystone Development Corporation, the sole general
partner of Walking Stick U.S. Limited Partnership, a Colorado Limited Partnership.
rEommission Expires: �! 4 7
tr r
j0 A
'°U� 1 G r Notary Public
ri.
F .�.
3
Reception *: 1044476 Date: 05/13/1994 Time: 1252 Book: 2732 Page: 844 Chris C. Munoz
Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.Clk. &Rec.
EASEMENT AND RIGHT OF WAY
This Easement is made by the CITY OF PUEBLO, a home rule municipality duly
organized and existing under the laws of the State of Colorado, GRANTOR, for the BOARD
OF WATER WORKS OF PUEBLO, COLORADO AND THE CITY OF PUEBLO as the
GRANTEES.
RECITALS
A. The City of Pueblo is the owner of real property commonly known as the Walking
Stick Golf Course which includes in part the Easement to be granted as described in Exhibit
"
B. The property adjacent to the Golf Course is being developed as family residences
to be served by various utilities.
C. To serve the properties to be developed as residences in the Walking Stick area, it
is necessary to create easements for various utilities and services, including water lines.
THEREFORE, THE GRANTOR AGREES AND DECLARES AS FOLLOWS:
1. GRANT OF EASEMENT. In consideration of the sum of $1.00 and other good and
valuable consideration paid by Grantees, receipt of which is acknowledged, the Grantor grants
and conveys to the Grantees, its successors and assigns, a 30 -foot easement and right of way
( "Easement ") for the purpose of installation, maintenance and use of water lines and storm
sewer in, through, over, under and across Grantor's property situated in the County of Pueblo,
Colorado and legally described in Exhibit "A" which is attached and incorporated by reference.
This Easement shall include the right to enter upon the said property for the purpose of
construction, maintenance, control, repair, and replacement of water lines and storm sewer,
together with a right to use a reasonable amount of the adjoining property of Grantor for said
purposes.
2. DURATION. This Easement is perpetual.
3. ACCESS. Grantor grants to Grantees the right of ingress and egress over and across
the real property to Grantor adjoining the easements at locations approved in advance by
Grantor for the purpose of construction, maintenance, control and repair, removing or replacing
equipment or facilities of the Grantees.
4. REPAIRS. Grantee shall repair and restore Grantor's property damaged or disturbed
during Grantees' construction, maintenance, repair, replacement and use with respect to the
Easement and property adjoining the Easement to as near original condition as reasonably
possible.
Book: 2732 Page: 845 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
5. RESERVATION OF RIGHTS. The Grantor reserves the right to use and occupy
the property for any purpose consistent with the right and privilege above granted which will
not interfere with or endanger any equipment or facilities of the Grantees located therein or the
use of said equipment or facilities by the Grantees. This reservation by the Grantor shall not
include the right to locate or cause to be located or erected any building or other structure on
the easement.
6. BINDING EFFECT. This Easement and Right of Way shall run with the land and
shall be binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the Grantor and Grantees.
7. EFFECTIVE DATE. This Easement shall become effective on the date it is
recorded.
8. GOVERNING LAW. This Easement shall be governed by, construed and enforced
in accordance with the laws of the State of Colorado.
Signed this /0 T ,� day of R f4 e , 1994.
GRANTOR: The CITY OF PUEBLO, a home rule municipality
duly organized and existing under the laws of the
State f Colorado "' C ' G' s t
X1 0 -
B c"
J CE tAWRENCE A
President of City Council`:
ATTEST: �'� A ' /j; F r, ,
MfkRfAN D. MEAD, C (ty Clerk
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 10th day of
May , 1994 by Joyce Lawrence, President of City Council and Marian D. Mead,
City Clerk of the CITY OF PUEBLO, a home rule municipality duly organized and existing
under the laws of the State of Colorado.
My Commission Expires: May 29, 19 9 4
WITNESS MY HAND AND OFF ICI L SEAL.
Address:
1 Ci t� .l Place J - -.
F tjdAd C, " Publ
\`
,r•� q �Y. = 2
P V Q LC. •�
Book: 2732 Page: 846 Chris C. !Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
EXHIBIT A
An easement for water and storm sewer through a portion of the
SW 1/4 of Section 8, Township 20 South, Range 64 West of the 6th P.M., being 30
feet in width and being more particularly described as follows:
Considering the South line of said Section 8 to bear
N.88 °- 45' -07 "E. and all bearings contained herein being relative thereto.
Commencing at the Easternmost corner of Walking Stick Estates, Filing No. 1, A
Special Area Plan, according to the recorded plat thereof; thence Easterly, along
the North boundary line of Walkingstick Golf Course the following two (2)
courses:
1. S.89 °- 40'- 46 "E., a distance of 406.94 feet;
2. N.81 °- 53'- 21 "E., a distance of 316.49 feet to the True
Point of Beginning;
thence S.89 °- 32'- 09 "E., along said North boundary line, a distance of 297.24
feet; thence S.03 °- 20'- 37 "E., a distance of 220.00 feet; thence S.86 °- 39'- 23 "W.,
a distance of 30.00 feet; thence
N.03'- 20'- 37 "W., a distance of 191.93 feet; thence N.89 °- 32'- 09 "W., a distance
of 279.17 feet; thence N.00 °- 27'- 51 "E., a distance of 28.49 feet to the said
North boundary line of Walkingstick Golf Course; thence N.81 ° - 53'-21 "E., along
said North line, a distance of 10.11 feet to the Point of Beginning.
9210000.206
a
Reception S: 1044477 Date: 05/13/1994 Time: 1254 Book: 2732 Page: 847 Chris C. Munoz
Inst.: BASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.Clk. &Rec.
EASEMENT AND RIGHT OF WAY
This Easement is made by the CITY OF PUEBLO, a home rule municipality duly
organized and existing under the laws of the State of Colorado, GRANTOR, for the BOARD
OF WATER WORKS OF PUEBLO, COLORADO AND THE CITY OF PUEBLO as the
GRANTEES.
RECITALS
A. The City of Pueblo is the owner of real property commonly known as the Walking
Stick Golf Course which includes in part the Easement to be granted as described in Exhibit
"
B. The property adjacent to the Golf Course is being developed as family residences
to be served by various utilities.
C. To serve the properties to be developed as residences in the Walking Stick area, it
is necessary to create easements for various utilities and services, including water lines.
THEREFORE, THE GRANTOR AGREES AND DECLARES AS FOLLOWS:
1. GRANT OF EASEMENT. In consideration of the sum of $1.00 and other good and
valuable consideration paid by Grantees, receipt of which is acknowledged, the Grantor grants
and conveys to the Grantees, its successors and assigns, a 30 -foot easement and right of way
( "Easement ") for the purpose of installation, maintenance and use of water lines in, through,
over, under and across Grantor's property situated in the County of Pueblo, Colorado and
legally described in Exhibit "A" which is attached and incorporated by reference. This
Easement shall include the right to enter upon the said property for the purpose of construction,
maintenance, control, repair, and replacement of water lines, together with a right to use a
reasonable amount of the adjoining property of Grantor for said purposes.
2. DURATION. This Easement is perpetual.
3. ACCESS. Grantor grants to Grantees the right of ingress and egress over and across
the real property to Grantor adjoining the easements at locations approved in advance by
Grantor for the purpose of construction, maintenance, control and repair, removing or replacing
equipment or facilities of the Grantees.
J
4. REPAIRS. Grantee shall repair and restore Grantor's property damaged or disturbed
during Grantees' construction, maintenance, repair, replacement and use with respect to the
Easement and property adjoining the Easement to as near original condition as reasonably
possible.
Books 2732 Page; 848 Chris C. Munoz
Page' 2 of 3 Pueblo Co.Clk. &Rec.
5. RESERVATION OF RIGHTS. The Grantor reserves the right to use and occupy
the property for any purpose consistent with the right and privilege above granted which will
not interfere with or endanger any equipment or facilities of the Grantees located therein or the
use of said equipment or facilities by the Grantees. This reservation by the Grantor shall not
include the right to locate or cause to be located or erected any building or other structure on
the easement.
6. BINDING EFFECT. This Easement and Right of Way shall run with the land and
shall be binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the Grantor and Grantees.
7. EFFECTIVE DATE. This Easement shall become effective on the date it is
recorded.
8. GOVERNING LAW. This Easement shall be governed by, construed and enforced
in accordance with the laws of the State of Colorado.
Signed this d 7- day of I)V oq ,✓ 1994.
GRANTOR: The CITY OF PUEBLO, a home rule municipality
duly organized and existing under the laws of the
State of Colorado
B o�
O E L WRENCE
President of City CouncjV,)
ATTEST:
M R1AN D. MEAD, C y!
STATE OF COLORADO
SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 10th day of
May , 1994 by Joyce Lawrence, President of City Council and Marian D. Mead,
City Clerk of the CITY OF PUEBLO, a home rule municipality duly organized and existing
under the laws of the State of Colorado.
My Commission Expires: May 29, 19 9 4
WITNESS MY HAND AND OF]
Address -' r
1 Ia'14 Place
4i PU��G.'o`
4
Book: 2732 Page: 849 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Rec.
EXHIBIT A
A water line easement through a portion of the SW 1/4 of Section 8, Township 20
South, Range 64 West of the 6th P.M., being 30 feet in width, 15 feet on each
side of the following described centerline:
Considering the South line of said Section 8 to bear
N.88 ° - 45' -07 "E. and all bearings contained herein being relative thereto.
Commencing at the Southwest corner of said Section 8; thence
N.88 °- 45'- 07 "E., along the said South line of Section 8, a distance of 2256.85
feet to the True Point of Beginning; thence
N.03 ° - 20'-37 "W., a distance of 954.09 feet to the South line of a 30 foot wide
easement for water and storm sewer and the Point of Terminus.
9210000.207
r
Reception it: 1044478 Date: 05/13/1994 Tine: 1256 Book: 2732 Page: 850 Chris C. Munoz
Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.C1k.ARec.
EASEMENT AND RIGHT OF WAY
This Easement is made by the CITY OF PUEBLO, a home rule municipality duly
organized and existing under the laws of the State of Colorado, GRANTOR, for WALKING
STICK U.S. LIMITED PARTNERSHIP, a Colorado Limited Partnership, its successors
and assigns, as GRANTEE.
RECITALS
A. The City of Pueblo is the owner of real property commonly known as the Walking
Stick Golf Course ( "Golf Course ") which includes in part an Easement to be granted as
described in Exhibit "A ".
B. The property adjacent to the Golf Course is being developed as family residences.
C. The City of Pueblo, pursuant to an Annexation Agreement dated June 25, 1990
"requires installation on the adjacent land and maintenance by the property owner thereof of
aesthetically acceptable fence, wall or other buffer material between the property and the Golf
Course..." (the "Fence ").
D. To comply with this requirement and for the installation and maintenance of the
Fence on the property adjacent to the Golf Course, it is necessary to create this Easement.
THEREFORE, THE GRANTOR AGREES AND DECLARES AS FOLLOWS:
1. GRANT OF EASEMENT. In consideration of the sum of $1.00 and other good and
valuable consideration paid by Grantee, receipt of which is acknowledged, the Grantor grants
and conveys to the Grantee, its successors and assigns, a 10 -foot easement and right of way
( "Easement ") for the purpose of installation and maintenance of the Fence to be installed on
lots adjacent to the Golf Course, which Easement is through, over, under and across Grantor's
property situated in the County of Pueblo, Colorado and legally described in Exhibit "A" which
is attached and incorporated by reference (the "Property "). This Easement shall include the
right to enter upon the said Property for the purpose of installation, construction, maintenance,
control, repair, and replacement of the Fence.
2. DURATION. This Easement is perpetual.
3. ACCESS. Grantor grants to Grantee the right of ingress and egress over and across
the real property of Grantor adjoining the Easements at locations approved in advance by
Grantor for the purpose of installation, construction, maintenance, control and repair, removing
or replacing the Fence.
J
4. REPAIRS. Grantee shall repair and restore the Property, and Grantor's other
property damaged or disturbed during Grantee's construction, maintenance, repair, removing
or replacing of the Fence and use with respect to the Easement to as near original condition
as reasonably possible.
Book: 2732 Page: 851 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
5. RESERVATION OF RIGHTS. The Grantor reserves the right to use and occupy
the Property for any purpose consistent with the right and privilege above granted. This
reservation by the Grantor shall not include the right to locate or cause to be located or erected
any building or other structure on the easement.
6. BINDING EFFECT. This Easement and Right of Way shall run with the land and
shall be binding upon and inure to the benefit of the heirs, personal representatives, successors
and assigns of the Grantor and Grantee.
7. EFFECTIVE DATE. This Easement shall become effective on the date it is
recorded.
8. GOVERNING LAW. This Easement shall be governed by, construed and enforced
in accordance with the laws of the State of Colorado.
Signed this 10 T� day of M R � , 1994.
GRANTOR: The CITY OF PUEBLO, a home rule municipality
duly organized and existing under the laws of the
State o Colorado
B ►_
JO CE AWRENCE
President of City Council
ATTEST:
M MXPN D. MEAD, C4y Clerk
• q x #
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 10th day of
May , 1994 by Joyce Lawrence, President of City Council and Marian D. Mead,
City Clerk of the CITY OF PUEBLO, a home rule municipality duly organized and existing
under the laws of the State of Colorado.
My Commission Expires: May 29, 19 9 4
WITNMS'l"-Y_ HAND AND OFFICI L SEAL.
Addrog.l'.;., ... 0 ,
1' C;1�a11••,Place
Puei5lo, ,• 81003 p if
�,3 A
2
A ..
Boot: 2732 Page: 852 Chris C. Munoz
Page: 3 of 3 Pueblo Co.Clk. &Rec.
10' ACCESS EASEMENT ON WALKINGSTICK GOLF COURSE
An easement for fence maintenance access through a portion of the
W1/2 of the SW1 /4 of Section 8, Township 20 South, Range 64 West of
the 6th P.M. and through a portion of Walkingtick Golf Course,
being 10 feet in width and being more particularly described as
follows:
Considering the South line of said Section 8 to bear N. 88'45'07 "E.
and all bearings contained herein being relative thereto.
Beginning at a point in the West boundary line of said Walkingstick
Golf Course, said point being the Southeast corner of Villas at
Walking Stick, A Special Area Plan, according to the recorded plat
thereof, filed for record April 29, 1994 in Book 2729 at Page 729
of the Pueblo County records; thence Northerly, along said West
boundary line and along the East line of said Villas at Walking
Stick the following four (4) courses:
I. N.2T'04'34 "W., a distance of 244.54 feet;
2. N.02 "W., a distance of 244.82 feet;
3. N.22'47'34 "W. a distance of 145.99 feet;
4. N.01'21'26 "W., a distance of 201.80 feet to the South line of
Walking Stick Estates, Filing No. 1, A Special Area Plan,
according to the recorded p l a t thereof, f i 1 ed for record April
29, 1994 in Book 2729 at Page 714 of the said Pueblo County
records;
thence Easterly, along said South line and along the North boundary
line of said Walkingstick Golf Course the following two (2)
courses;
1. N.84'42'42 "E., a distance of 213.25 feet;
2. N.49'38'00 "E., a distance of 536.57 feet;
thence S.23'01'12" E., a distance of 10.48 feet; thence
6.49'38'00 "W., a distance of 536.61 feet; thence 6.84'42'42 "W., a
di stance of 207.07 f set; thence S . 0 V2 1' 26 "E . , a di stance of 190.57
feet; thence 5.22'47'34 "E., a distance of 145.92 feet; thence
8.02'07'44 "E., a distance of 244.43 feet; thence S. 27'04'34 "E., a
d i stance of 24T.17 feet to the s a i d South 1 i ne of Section 8; thence
S. 88'45'07 "W., along said South line, a distance of 11.11 feet to
the Point of Beginning.
Prepared by: KLM ENQINEERINQ CONSULTANTS, INC.
111 E. 3TM STREET
PUEBLO, COLORADO 81003
May 3, 1994
9210000.350