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HomeMy WebLinkAbout88221 1303852 10/20/1999 12:33P RES Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Ct.y Clk 8 Rec. RESOLUTION NO. 8822 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM PHOEBE STRUCK AND VIRGINIA OLONIA WHEREAS, Phoebe Struck and Virginia Olonia, on May 18, 1999, granted a triangular easement to the City of Pueblo; and WHEREAS, such easement is necessary to install a pedestrian sidewalk across a portion of the property located at 1201 Deane Ln. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by Phoebe Struck and Virginia Olonia, dated May 18, 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 October 12 ' 1999 r ' By — . �. APPR Cathy A. Garcia Councilpe President of the Council Fj ATTEST: City Clerk Council Agenda TITLE: A RESOLUTION ACCEPTING AN EASEMENT AGENDA ITEM # AND RIGHT OF WAY FROM PHOEBE STRUCK AND VIRGINIA OLONIA DEPARTMENT: Public Works DATE: Oct 12, 1999 ISSUE Should the City Council accept an easement and right of way from Phoebe Struck and Virginia Olonia for the purpose of providing additional right of way at 1201 Deane Ln. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is necessary to allow for the construction of a handicap ramp at the intersection of Deane Ln and E. 12 St. Presently there is insufficient ROW at this location to allow for such construction. FINANCIAL IMPACT There is no financial impact upon the City due to this action. 1 111111111111111111111111111111111111111111111111111111 130 3852 10/20/1999 12:33P RES Chats C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. EASEMENT AND RIGHT OF WAY p� THIS EASEMENT, granted this l0 day of _, 1999, by Phoebe Struck and Virginia Olonia , GRANTOR, to PUEBLO, a Munic' al 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 Triangular easement and right of way for the purpose of sidewalk in through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the Property). SEE ATTACHED EXHIBIT "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purpose. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment of 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. CA SIGNED this le day of lhl 1999. GRANTOR: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this by V- / ile� cA « 410, bsspy hand and official seal. ' rlly commission expires: '� •. Notary Public EXHIBIT EASEMENT & ROW FOR PHOEBE STRUCK & VIRGINI LOT 8, LYNDE SUB An easement and right —of —way for the purpose of a pedestrian sidewalk being more particularly described as follows: DEANE LN. Bearings are based on the Monument survey line along Deane Ln. between E 12th St. and E 13th St. BEGINNING at the SE corner lot 8, Lynde Sub., according to the recorded plat thereof filed for record Aug. 24, 1954 in Bk. 16, pg. 29 in the records of the Pueblo County Clerk and Recorder; thence W along said S lot line a distance of 13.43 feet to a point, thence N45 °07'05 "E, a distance of 19.04 feet to a point on the W ROW line of Deane Ln., said point being 13.49 feet N of the SE Cor. of said lot., thence S along the W ROW line of Deane Ln. to the Point of Beginning. containing 90.3 sq. ft. -__ PEDESTRIAN A OLONIA SIDEWALK r �LE: 1 " = 10' N T W POINT OF B \ pp- N00 °01'36 "E i 1 111111111111111111111111111111111111111111111111111111 3 of 3 R 13.00 D 0.00 Pueblo MY Clk & Rec. SE �i N F-