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HomeMy WebLinkAbout7576Reception #: 1074642 Date: 03/23/1995 Time: 856 Book: 2792 Page: 243 Chris C. Munoz Inst.: RES Rec Fee: 5.00 Doc Fee: 0.00 Page: 1 of 1 Pueblo Co.Clk.6Rec. RESOLUTION NO. 7576 A RESOLUTION AUTHORIZING A RELEASE OF EASEMENTS TO JAMES E. O'NEAL, AS DEVELOPER AND OWNER OF GATEWAY PLAZA SUBDIVISION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1. The attached release of easements between Pueblo, a Municipal Corporation, and James E. O'Neal, having been approved as to form by the City Attorney, is hereby approved. Section 2. The President of the City Council is hereby authorized and directed to execute such Release on behalf of the City of Pueblo. The City Clerk is directed to attest same and affix the seal of the City thereto. Section 3. This Resolution shall become effective upon final passage and approval. TA r, INTRODUCED: MARCH 20 , 1995 By: sMmjE CORSENTINO Councilperson APPROVED: o President of tity Council Reception #: 1074643 Date: 03/23/1995 Time: 858 Book: 2792 Page: 244 Chris C. Munoz Inst.: R EASE Rec Fee: 10.00 Doc Fee: 0.00 Page 1 of 2 Pueblo Co.C1k.&Rec. RELEASE OF EASEMENTS This release of easements is made on MARCH 20 , 1995, by Pueblo, a Municipal Corporation (City), whose legal address is One ,City Hall Place, Pueblo, Colorado 81003, to James E. O'Neal (Owner) of Boulder, Colorado. WHEREAS, the Owner is the developer and property owner for the property known as Gateway Plaza Subdivision according to the recorded plat thereof; and WHEREAS, the Owner is the Grantor and the City is the Grantee of four easements described in attached Exhibit "A" for sewer and temporary drainage easements across Owner's property; and WHEREAS, the Owner has agreed to grant to the City alternate easements for such purposes; and WHEREAS, the City and Owner desire to relocate such easements in and across Gateway Plaza Subdivision. NOW THEREFORE in consideration of Owner granting certain easements on the plat of Gateway Plaza Subdivision, the City hereby releases the easements described in attached Exhibit "A." v � K . STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Pueblo, a Municipal Corporation By: 2 President, City Council A The foregoing instrument as knowled re me on a o2 / , 1995, as Pre 'dent of City Council, and as City Clerk. Witness my hand and official seal. M ''" 9 'ssion expires: (990 OTA IJPLN �,ti Book: 2792 Page: 245 Chris C. Munoz Page: 2 of 2 Pueblo Co.C1k.&Rec. EXHIBIT "A" DESCRIPTION OF EASEMENTS TO BE RELEASED BY PUEBLO, A MUNICIPAL CORPORATION, FOR GATEWAY PLAZA: EASEMENT NO. 1: All that portion of the 20 foot temporary drainage easement, described in Book 2602 at Page 860 of the Pueblo County records, lying within the boundaries of Gateway Plaza, according to the recorded plat thereof. EASEMENT NO. 2: All that portion of the 20 foot sewer easement, described in Book 2602 at Page 858 of the Pueblo County records, lying within the right -of -way of Outlook Boulevard, as platted in Gateway Plaza, according to the recorded plat thereof. EASEMENT NO. 3: All that portion of the 25 foot temporary drainage easement, described in Book 2386 at Page 167 of the Pueblo County records, lying within the boundaries of Gateway Plaza, according to the recorded plat thereof. EASEMENT NO. 4: All of the 60 foot ingress- egress and public utility easement, described in Book 2386 at Page 166 of the Pueblo County records. Prepared by: KLH ENGINEERING CONSULTANTS, INC. 111 E. 5th Street Pueblo, CO 81003 December 22, 1994 JN 94 048 00 9404800.255 Reception #: 1074644 Date: 03/23/1995 Tine: 900 Book: 2792 Page: 246 Chris C. Munoz Inst.: REL Rec Fee: 5.00 Doc Fee: 0.00 Page: 1 of 1 Pueblo Co.C1k.&Rec. RELEASE WHEREAS, JAMES E. O'NEAL, called Subdivider, and PUEBLO, a Municipal Corporation, entered into an agreement dated August 7, 1991 and recorded July 10,1992, in Book 2602 at Page 849 of the Pueblo County Records affecting real property in Pueblo County, Colorado, described in the agreement (the "Agreement "), and WHEREAS, the Subdivider, by including the property in an- other approved subdivision, has fulfilled Subdivider's obliga- tions under the Agreement as to the following described real property in Pueblo County, Colorado, to wit: All of Gateway Subdivision, 4th Filing NOW, THEREFORE, for and in consideration of the premises and other good and valuable consideration, Pueblo, a Municipal Corporation, acting by and through its City Engineer, pursuant to Title 12 -4 -7 (J)(e)(iv) of the 1971 Code of Ordinances of the City of Pueblo, does hereby release any and all claims against or liens upon the following described real property which may or could arise or have arisen as the result of the Agreement. The real property in Pueblo County, Colorado, is described as: Lots 1, 2, 3 and 4, of Block 1, Gateway Subdivision, 4th Filing PUEBLO, A MUNICIPAL CORPORATION By 6��ato � City Engineer STATE OF COLORADO, ) ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me this 7,v day of March, 1995, by Tom Cvar, as City Engineer of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires *M,,,rZ `V, Notary Public