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HomeMy WebLinkAbout09114RESOLUTION NO. 9114 A RESOLUTION ACCEPTING CONVEYANCEOF EASEMENTSAND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 517 AND 555 WINDY WAY, WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property identified in attachment "A" have granted easements and rights of way to the City of Pueblo; and WHEREAS, such easements and rights of way are necessary to construct a 4' foot wide pedestrian sidewalk across those portions of the properties listed on attachment "A" and legally described in separate easements attached hereto as Exhibits 1 and 2, and incorporated herein by reference (hereinafter referred to as the "Easements "). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The Easements granted by exhibits 1 and 2, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. Section 2 The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED September 25 2000 By: Patrick Avalos ouncilpers n APPROVED: � A levl - President of the Council ATTEST: PA� City Clerk Council Agenda TITLE: A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY OF 517 AND 555 WINDY WAY DEPARTMENT: Public Works ISSUE AGENDA ITEM # S DATE: Sept. 25, 2000 Should the City Council accept easements and rights of way from owners of 517 and 555 Windy Way for the purpose of providing additional right of way for a pedestrian sidewalk. RECOMMENDATION Approval of this Resolution BACKGROUND These easements and rights of way are necessary to allow for the construction of a 4' wide pedestrian sidewalk and relocating utilities. The sidewalk construction was initiated from a CDBG request. Attached is a summary sheet of the addresses to be accepted for the easement and right -of way. FINANCIAL IMPACT There is no financial impact upon the City due to this action. Reso. #9114 11111111 IN 1352238 10/02/2000 09 :59A EASE Chris C. Munos 1 of 2 R 10.00 D 0.00 Pueblo Cty Clerk $ Ree EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this day of Ma y , 2 0 0 0 ,by JENNY SPINNATO , 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 FIVE (5) foot 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") Easterly 5 feet of Lot 6, Block 2, W.D.B. Land Company's Subdivision No. 4, as filed for record with the Pueblo County Clerk and Recorder Reception Number 1268715, more commonly known as 555 Windy Way. 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 purposes. 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 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 COUNTY OF PUEBLO ; day of May 2000 STATE OF COLORADO GRANTOR ss. The foregoing instrument was acknowledged before me this a`a- day of , o ZObZ� by �,�-E— SD 1 n h a �`O Witness my hand and official seal. )) 44 -?y y cc�nmission expires: 105 -. ISisW �L1_e - &A..- . Notary Public SIDEWALK EASEMENT 1111111111111111111111111111111111111111111111111111111 1352238 10/02/2000 09:59A EASE Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Ree THATCHER AVE 30' SCALE: 1 " = 60' �r Q LOT 1 LOT 1 148' in LOT 2 LOT 5 148' / (555 WINDY WAY) LOT 6 5' WIDE EASEMENT TO BE GRANTED 148' LOT 7 148' L0T 2 ,2I LOT 5 148' m W _i LOT 6 148' LOT 7 u) I FILENAME: 00_WDB Land No 4 -555 Windy Way Reso. #9114 I I I"III'l11l Illll Illll Illl11 lllll II1ilI III 111'1 OF I'll 1352239 10/02/2000 09:59A EASE Chris C. Munoz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Roo EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 13th day of September 2000 , by CINDY JERNBERG , 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 FIVE (5) foot easement and right of way for the purpose of sidewa in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") The easterly five (5) feet of the Southerly 70 feet lot 2 blk 2 WDB Land Co. Subdiv #4 more commonly known as 517 Windy Way 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 purposes. 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 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 13th dayof September 2000 GRANTOR COUNTY OF PUEBLO STATE OF COLORADO By ss. The foregoing instrument was acknowledged before me this 13 day of September 2000 b Cindy Jernberg Witness my hand and official seal. My commission expires: 2S D � E K L) 12/03%9g' Notary Public a- SQDEWALK EASEMENT 1111111111111111111111111111111111111111111111111111111 1332239 10/02/2000 09:59A EASE Chris C. Munoz 2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Rec THATCHER AVE 30' SCALE: 1 " = 60' I LOT 1 148' LOT 2 �C (517 WINDY i/ y) — O 5' W4DE EASEMENT TO BE GRANTED 148' LOT 1 148' LOT 2I 148' m W \ i Z LOT 3 LOT 3 - 148' 148' L� FILENAME: 00_WDB Land No 4 -517 Windy Way