HomeMy WebLinkAbout09861 RESOLUTION NO. 9861
A RESOLUTION GRANTING AN EASEMENT FOR LANDSCAPE PURPOSES ON THE CITY-
OWNED PROPERTY WHICH IS PART OF LOTS 1,2, AND 3, BLOCK 2, KELLY ADDITION
WHEREAS, an easement is required to allow a portion of said lots to be used for landscape
purposes.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement, a copy of which is attached hereto, after having been approved as to form
by the City Attorney, is hereby approved.
SECTION 2.
The President of City Council is hereby authorized to execute said Easement on behalf of
the City of Pueblo, and the City Clerk is directed to attest the Easement and file the executed
Easement in the Office of the Pueblo County Clerk and Recorder.
INTRODUCED May 27, 2003
BY Al Gurule/Councilperson
APPROVED: Bill Sova/President City Council
ATTESTED BY: Gina Dutcher/City Clerk
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # '~
DATE: MAY 27, 2003
DEPARTMENT: PUBLIC WORKS
DIRECTOR - TOM CVAR, P.E.
TITLE
A RESOLUTION GRANTING AN EASEMENT FOR LANDSCAPE PURPOSES
ON CITY-OWNED PROPERTY WHICH IS PART OF LOTS 1, 2, AND 3, BLOCK
2, KELLY ADDITION
ISSUE
Should City Council grant an Easement for landscape purposes to Rita Cordova,
on property owned by the City, which is part of Lots 1, 2, and 3, Block 2, Kelly
Addition.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
The resident at 404 Ash, Ms. Rita Cordova, has requested that the City transfer
to her a portion of a City-owned parcel which is situated to the rear of her
property. This parcel lies behind two other properties as shown on the attached
map. Because of costs involved with subdividing the parcel into three parts, the
administration recommends that a landscape easement encompassing the entire
parcel be granted to Ms. Cordova, allowing her to landscape all or a portion of
the City-owned parcel.
FINANCIAL IMPACT
None.
.,j'
Reso. #9861
EASEMENT
THIS EASEMENT, granted this 27th day of May, 2003, by PUEBLO, a Municipal
Corporation, GRANTOR, to Rita Cordova, 404 Ash, Pueblo, Colorado, 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 and quitclaims to GRANTEE, her heirs, personal representatives and assigns, a non-exclusive
easement and right-of-way for landscaping purposes on, over, under and across Grantor's property
situated in Pueblo County, Colorado and described in the attached Exhibit "A" (the "Property").
The GRANTOR reserves the right to use and occupy, and to allow other persons to use and
occupy the Property for any purpose consistent with the right and privilege above granted and which
will not unreasonably interfere with GRANTEE'S use of the Property.
GRANTEE acknowledges and agrees that in no event will she locate, erect, cause or pemdt
to be located or erected any building, mobile trailer unit, or any other structures upon the Property.
Grantee assumes and agrees to perform all obligations with respect to the Property by Grantee,
including, without limitation, payment of all property taxes levied and assessed against the Property,
and maintaining the Property and all landscaping installed on the Property in a good and dean
condition free of debris, trash, and weeds.
GRANTEE agrees to indemnify and hold harmless the GRANTOR from any and all claims,
expenses, liabilities, loss, or damage to property or injury to or death of persons, caused by or arising
out of the installation and maintenance of landscaping, or use of the Property by Grantee. This
Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives,
successors ~g~s of the GRANTOR and GRANTEE. In case of abandonment of the Easement,
all right,~,~e~', ~d interest granted herein shall terniinate.
~~ ~.~ President of the City Council
COUNTY OF PUEBLO )
) SS.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 29th day of May, 2003 by Bill
Sova as President of thc City Council and by Gina Dutch~r as City Clerk of Pueblo, a Municipal
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Corporation~
Witness my hand and official seal.
My commission expires: ~l-
Rita Cordova
COUNTY OF PUEBLO )
) SS.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this
~,~ day of ~-~C~lC/~/~~ ,2003 by Rita Cordova.
Witness my hand and official seal.
My commission expires:
.
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EXHIBIT "A"
A portion of Lots 1, 2, and 3
Block 2,
KELLY ADDITION TO PUEBLO,
according to the recorded plat thereof, more particularly described
as follows:
Beginning at the Southwest comer of the aforesaid Lot 1;
thence due North along the West line of the aforesaid Lot 1 a
distance of 34.00 feet to a point;
thence N87°30' E a distance of 46.50 feet to a point;
thence S58°18' E a distance of 39.78 feet, more or less, to the
Southeast comer of the aforesaid Lot 3;
thence due West along the South lot lines of the aforesaid Lots 3,
2, and 1 a distance of 92.00 feet to the point of begirming,
Together with the East ½ of vacated Chester Avenue adjoining
that portion of Lot 1 as contained above.
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