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Home My WebLink About8345RESOLUTION NO. 8345 A RESOLUTION ACCEPTING AN EASEMENT FROM THE SUNSET TRUST WHEREAS, SUNSET TRUST, on February 12, 1998, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to construct curb and gutter, sidewalk, storm sewer and other utilities across a portion of the property located at 4002 Thatcher Ave., and has been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by SUNSET TRUST, dated February 12, 1998, which easement is on file with the City Clerk, is hereby approved and accepted. Section 2 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED February 23 ' 19 98 By Rich Golenda Councilperson APPROVED President of the Council ATTEST: 2 —"4a �- I C kQA City Clerk Council Agenda TITLE: RESOLUTION ACCEPTING AN EASEMENT FROM THE SUNSET TRUST DEPARTMENT: PUBLIC WORKS ISSUE AGENDA ITEM # DATE: February 23, 1998 Should the City Council Accept an easement from the Sunset Trust to allow the construction of public improvements at 4002 Thatcher Ave. RECOMMENDATION Approval of this Resolution BACKGROUND The City, through the Colorado Department of Transportation, desires to upgrade the SW corner of Thatcher and Pueblo Blvd. by reconstructing the corner to current standards. This easement is necessary in order to construct the new curb radius, handicap ramp, sidewalk, traffic signal pole, fire hydrant and storm inlets at this corner. FINANCIAL IMPACT There is no financial impact upon the City due to this action. The project will be constructed with Colorado Department of Transportation funds. ON 01- _ L` EASEMENT KNOW ALL MEN BY THESE PRESENTS That the undersigned John F. Petersell of the County of Pueblo , State of C olorad o ,hereinafter called the "Grantor ", in consideration of the sum of One Dollar and other valuable consideration, to the undersigned in hand paid by the BOARD OF WATER WORKS OF PUEBLO, COLORADO, which controls, manages and operates the municipal water works system of the City of Pueblo, in the County of Pueblo, and State of Colorado, the receipt whereof is hereby acknowledged, hereby grants to PUEBLO, a municipal corporation organized and existing as a Home Rule City under Article XX of the Constitution of the State of Colorado, hereinafter called the "Grantee ", its successors and assigns, operating by and through said Board of Water Works of Pueblo, Colorado, the easement of right -o£ -way to construct, maintain, change, renew and operate a water meter or water meters over, upon, along and under a strip of land owned by the grantor in the County of Pueblo, State of Colorado, described as follows: See Exhibit " 111111111111111111111111111111111111 IF IN 1111111111 III Hill 111111 I IN 1208078 03/06/1998 08:10A 83093 P945 E 1 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. together with the right of ingress to and egress from said strip of land for the foregoing purposes. Grantor covenants and agrees that said ingress and egress shall not be impeded by the construction of masonry walls or fences, or other structures that effectively prevent ingress and egress by vehicles or equipment of the Grantee. Further, Grantee shall have the right to make temporary openings in metal, wire or wooden fences to permit such ingress or egress by vehicles or equipment of the Grantee. TO HAVE AND To HOLD said strip of land for so long as the same shall be used for the purposes aforesaid, said easement_ or right -of -way to cease if and when said strip of land shall have ceased to be used for said purposes for a continuous period of ten years. The Grantor covenants and agrees for itself, its successors and assigns, not to erect any building or structure within the limits of said strip of land, and the Grantee, its successors and assigns, through said Board of Water Works of Pueblo, Colorado, shall have the right to remove, at Grantor's expense, objects interfering with the ingress and egress to, and the construction, maintenance, operation, control and use of said water meter or water meters. The easement of right -of -way hereby granted is subject to the right of the Grantor, its successors and assigns, to pass over, across, along and upon said strip of land and otherwise use the surface thereof, provided such passage and use shall not be inconsistent or interfere with the use of said strip by the Grantee, its successors and assigns, through and by said Board of Water Works of Pueblo, Colorado, for the purposes aforesaid. The word "Grantor" wherever used in this instrument shall mean, include and apply to the feminine and neuter genders as well as the masculine gender, and the plural as well as the singular. WITNESS hand . /and seal this `?-_ f (�.r� SEAL) ST&E OF COLORADO) ) SS. COUNTY OF PUEBLO ) day of � e2 s 19� \ Th fore ing instrument was cknowled ed efore me this My commision expires 3 Zo o/ WITNESS my hand and official seal. EAS- MTR.MST Notary Pu is 11111111111111111111111111111 IN 111111111111111111111 1208078 03/06/1998 08:10A 83093 P946 EASE 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT "A" A Water Meter Easement on a parcel of land in the NE % of Section 4, Township 21 S, Range 65 W of the 6 th Prime Meridian, more particularly described as follows: Commencing at the NE corner of said Section 4; thence southerly along the easterly line of said Section 4 a distance of 222 feet to the true Point of Beginning; thence southerly along the easterly line of said Section 4 a distance of 5 feet; thence westerly parallel to the north line of said Section 4 a distance of 5 feet; thence northerly parallel to the east line of said Section 4 a distance of 5 feet; thence easterly a distance of 5 feet to the Point of Beginning, containing approximately 25 square feet. 11111111111111111 1208077 03/06/1998 08:10A 83093 P943 EASE 1 of 2 R 11.00 0 0.00 Pueblo C1.y Clk 8 Rec. EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 7 day of NOVEMBER , 1997, by SUNSET TRUST , GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WIT NESSETH: 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, a ROADWAY AND UTILITY easement and right of way in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: ( SEE ATTACHED EXHIBIT - A - ) TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control, and repair, and together with the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of the GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to located or erect or cause to be located or erected any building or any other structure or mobile home trailer unit upon the easement herein granted. 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 GRANTEES'S quiet and peaceful possession of the easement and right -of -way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This easement and right -of -way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR and GRANTEE. Y� SIGNED this ,Z day of e r u �� ' 19 9 GRANTOR: By � COUNTY OF PUEBLO ss. STATE OF COLORADO The foregoing instrument was acknowledged before me in Pueblo County, Colorado, this Witness my hand and official seal. My commission expires: -3 a6e L c; Notary Public ''��.�.••� "` 1208077 03/06/1998 08:10A 83093 P944 EA 2 of 2 R 11.00 D 0.00 Pueblo Cl.y Clk & Rec. EXHIBIT "A" A Roadway and Utility Easement on a parcel of land located in the NE 114 of Section 4, Township 21 S, Range 65 W of the 6th Prime Meridian, more particularly described as follows: The Point of Beginning being a point on the south Right of Way line of Thatcher Ave, and the westerly ROW line of Pueblo Blvd,; thence westerly along the south ROW line of Thatcher a distance of 30.00 feet; thence a distance of 41.45 feet to a point on the west ROW of Pueblo Blvd,; thence north along the west ROW line of Pueblo Blvd, a distance of 30,00 feet to the Point of Beginning, containing approximately 449 sq. ft. -- �T3 Beginning J m J Co W THA TCHER AVE, '