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HomeMy WebLinkAbout09590RESOLUTION NO. 9590 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENT AND RIGHT OF WAY FROM OWNER OF REAL PROPERTY LOCATED AT 2603 VINEWOOD LANE WHEREAS, the owners of real property as identified in attachments 1 have granted on easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way are necessary to install a right turn deceleration lane at the intersection of Pueblo Blvd. and Vinewood for the eastbound to southbound movement in the portions of the property depicted and legally described in separate easement on exhibit "A" attached hereto as (hereinafter referred to as the "Easement "). BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement granted by attachments 1, copies of which are attached hereto, having been approved as to form by the City Attorney, and are herby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: May 13, 2002 BY: Al Gurule CO CIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: 16Y CLERK A'do, -* 9s90 . 1 Raw Background Paper for Proposed RESOLUTION AGENDA ITEM # Cl DATE: MAY 13, 2002 DEPARTMENT: TRANSPORTATION DAN CENTA TITLE A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENT AND RIGHT OF WAY FROM OWNER OF REAL PROPERTY LOCATED AT 2603 VINEWOOD LANE. ISSUE Should the City Council accept easements and right of way from the owner of 2603 Vinewood Lane for the purpose of providing additional land area for the installation of a turn lane for the eastbound to southbound right turn at the intersection of Pueblo Blvd. and Vinewood Lane? RECOMMENDATION Approval of Resolution BACKGROUND This easement was requested by the Department of Transportation as a result of a zone change by the property owner. The easement would allow for the construction of a right turn deceleration lane on Pueblo Blvd. to southbound Vinewood Lane. This easement is specifically for sidewalk and the traffic signal cabinet. The Department of Transportation will be submitting a project in FY2003 budget cycle for the cost of construction. FINANCIAL IMPACT There is no financial impact upon the City due to this action. Reception 1440965 05/22/2002 EASEMENT AND RIGHT OF THIS EASEMENT, granted this 29` day of April, 2002, by Michael J. Purcell and Darcy J. Purcell 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 2.00 foot easement and right of way for the purpose of a sidewalk and a 5.00 foot by 17.00 foot easement and right of way for the purpose of a traffic control device, 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 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 GR lS1 f h day of SIGNED this M;2 GRANTO B X Michael J. Purcell By Darcy J. Purcell COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this & 1�kl day of )'kl DAL- ,200,? by Michael J. Purcell and Darcy J. Purcell. MARY C. CAMPBELL Witness my hand and official seal. N OTARY PUBLIC STATE OF COLORADO My commission expires: °�-' 5 2 • (SEAL) Mangini & Associates Inc. 4718 N. Elizabeth St., Ste. A Pueblo, Colorado 81008 (719) 544 -0865 1440965 (719) 544 -0876 Fax IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 05/22/2002 01:57F 1111111111111111111111111 mile, mu". -. • . 0 0.00 ChrisC.Munoz PuebloCtYClk &Rec EASE R 10.0 EXHIBIT "A" An easement for the purpose of a sidewalk being within a portion of Lot 1, Block 54, Highland Park Fourteenth Filing according to the recorded plat thereof, filed for record June 12, 1959 at Reception No. 99446 in the records of the Pueblo County Clerk and Recorder located within a portion of the NW 1/4 of Section 15, Township 21 South, Range 65 West of the Principal Meridian, being more particularly described as follows: The North 2.00 feet of the west 103.06 feet of said Lot 1. n. 1 0 Dim An easement for the purpose of a traffic control device being within a portion of Lot 1, Block 54, Highland Park Fourteenth Filing according to the recorded plat thereof, filed for record June 12, 1959 at Reception No. 99446 in the records of the Pueblo County Clerk and Recorder located within a portion of the NW 1/4 of Section 15, Township 21 South, Range 65 West of the Principal Meridian, being more particularly described as follows: BEGINNING at the NE corner of said Lot 1; thence S 0 °35'00 "W, along the east line of said Lot 'l, a distance of 5.00 feet; thence 82 °08'59 "W a distance of 17.02 feet; thence N 02 °17'00 "W, a distance of 2.00 feet to a point on the north line of said Lot 1; thence N 87 °43'00 "E, along said north line, a distance of 17.00 feet to the POINT OF BEGINNING. 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