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HomeMy WebLinkAbout86181 111111 1111111111 111111 1111 111111111111 iii 111111111 IN 1263630 02/17/1999 09:38A RES Chris C. Munoz 1 of 1 R 6.00 D 0.00 Pueblo Ct.y Clk 8 Rec. RESOLUTION NO. 8618 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM LARRY AND BETTE BOGARD WHEREAS, Larry and Bette Bogard, on January 19, 1998, granted a thirty (30') foot wide easement to the City of Pueblo; and WHEREAS, such easement is necessary to install a twenty -four (24') foot wide asphalt roadway across a portion of the property located in the vacated frontage road adjacent to the west side of lots 1 and 2, block 1, Gerringer and Gregorich Subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by Larry and Bette Bogard, dated January 19, 1999, a copy of which is attached hereto, after having been approved as to form by the City Attorney, 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 8 _ ' 1999 ►` � . , ; � By Robert S c h i l l i n g Councilperson s! APPROVE ;.1 I President of the Council ATTEST:'L City Clerk W &/s -8 -9 Council Agenda TITLE: A RESOLUTION ACCEPTING AN EASEMENT AGENDA ITEM # AND RIGHT OF WAY FROM LARRY AND BETTE BOGARD DEPARTMENT: Public Works ISSUE DATE : Feb. 8, 1999 Should the City Council accept an easement and right of way from Larry and Bette Bogard for the purpose of ingress- egress upon, over and across their property. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is necessary to construct a twenty -four (24') foot asphalt roadway to get access to lot 2, block 1 of Gerringer & Gregorich Subdivision. FINANCIAL IMPACT There is no financial impact upon the City due to this action. 0 1111111111111111111111111111111111111111111111111111111 1263631 02/17/1999 09:38A EASE Chris C. Munoz 1 of 3 R 16.00 D 0.00 Pueblo C!y Clk & Roe. EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this / C7 ,66 day of January , 1999 by Larry and Bette Bogard Grantor, to Pueblo, A Municipal Corporation, Grantee: WITNESSETH: 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 (30') foot easement and right of way for the purpose of Public Ingress /Egress , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property). Grantor shall install a twent four (24') wide concrete roadway (the "Facilities ") in the Property in accordance with plans and specifications therefor approved by Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. 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 Grantee's quiet and peaceful possession of the Property and 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. SIGNED this q day of January 1999 LIU IC j 111111111111111111111111111111 IN 11111111111111111111111111111111 1263631 02/17/1999 09:38A EASE Chris C. Munoz 2 of 3 R 16.00 D 0.00 Pueblo Cty Clk 8 Rec. COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of ITT� by Witness my hand and official seal. My commission expires: ,0—a, - �)-6, d- C� 0 I Notary Public 1263631 02/17/1999 09:38A EASE Chris C. Mun 3 of 3 R 16.00 0 0.00 Pueblo Cty Clk & Roe. EXHIBIT "A The West 30 Feet of the Vacated Frontage road adjacent to lots 1 and 2, Block 1 of Gerringer & Gregorich Subdivision, City of Pueblo, State of Colorado EASEMENT TO BE GRANTED 25' 25' -" -- J Ln �J SCALE: 1 " = 50' 30' I o_J SA ST Ln Ist 0 m G m W D CL 1 1261195 02/01/1999 11:18A QUIT Chris C. Munoz 1 of 1 R 6.00 D 0.00 Pueblo CLy Clk & Ree. QUITCLAIM DEED Grantor(s) Jack L. Gregorich and Martin E. Ottersberg whose address is 651 S. Pueblo Boulevard *County of Pueblo Colorado and State of , for the consideration of 1 ( one) Dollars, in hand paid, hereby sell(s) and quitclaims(s) to Larry Bogard and Bette J. Bogard whose address is 1840 Vinewood Lane County of Pueblo , and State of Colorado , the following real property, in the County of Pueblo and State of Colorado, to wit: The West 30 feet of the vacated frontage road adjacent to Lots 1 and 2, Block 1 of Gerringer & Gregorich Subdivision, City of Pueblo, State of Colorado. also known as street and number: assessor's schedule or parcel number: with all its appurtenances Signed this 15 day of J v��nc,Y- v STATE OF COLORADO, ss. County of The foregoing instrument was acknowledged before me this i 7 +k day of Z , U :ar f�j IC/ by J o, "` ,4 - k.,• Witness my hand and official seal. ='� "' • '!'�'= My commission expires: cj. god in Deej� i4,V' - qty antl' A Notary Public Name and Address of Person Creating Newly Created Legal Description (§ 38 -35- 106.5, C.R.S.) k.. No. 898. Rev. 4 -94. QUITCLAIM DEED (Short form) Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292.2500 — 4 -98