HomeMy WebLinkAbout10316RESOLUTION NO. 10316
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM THE PROPERTY
OWNER AT 1245 PALMER AVENUE WITHIN PUEBLO, COLORADO.
WHEREAS, the owners of real property identified in Attachment 1 has granted an
easement and right of way to the City of Pueblo, and
WHEREAS, such easement and right of way is necessary to install pedestrian facilities in
accordance the American with Disabilities Act across those portions of the properties listed on
Attachment 1 (hereinafter referred to as the "Easement ").
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement, included as Attachment 1, having been approved as to form by the City
Attorney, is 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 February 14, 2005
BY Michael Occhiato
Councilperson
APPROVED: zz'�'y
PREMIENT C/ C IL
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM #3
DATE: February 14, 2005
DEPARTMENT: PUBLIC WORKS
DAN CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM
THE PROPERTY OWNER AT 1245 PALMER AVENUE WITHIN PUEBLO,
COLORADO.
ISSUE
Should the City of Pueblo approve a resolution that accepts an easement and right of way
within the City.
RECOMMENDATION
Approval of the Resolution
BACKGROUND
The attached easement and right of way is necessary to allow for the construction of
handicap ramps and sidewalk facilities meeting ADA and City of Pueblo standards at the
signalized mid -block crossing in the 1600 block of West Northern Avenue.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
re9 - g 103/0 1607542 Attachment >
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Chris C. Munoz PuebloCtYCIAReEASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of �, G'4VUl.lbu 20062 by
Maly Arlene Raigoza. Grantor, to PUEBLO, a Municipal Corporation, tee:
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, an easement and right of way for the purpose of public sidewalk and
traffic control signals in through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as 1245 Palmer Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "X'& `B"
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 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 Grantee (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 day of i 200S
GRANTOR:
BY
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before e this � day of
2ZO
'Sty u/ui4 1 2004,, jirvoe, �
3 and official seal.
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expires: ' 7 1 16
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EXHIBIT "A"
An easement located in the southwest corner of Lot 24, Blk. 8, Palmer Ave Place Subdivision, Fil. 1,
according to the recorded plat thereof.
Beginning at the southwest corner of said lot 24, thence north, along the west property line of said lot 24,
a distance of 5.50' thence southeasterly, a distance of 6.52 feet to a point on the south property line of
said lot 24, said line also being the north right of way line of Northern Ave., thence west along said north
right of way line, a distance of 3.50 feet' to the P.O.B.
Said easement contains an area of 9.62 sq.ft. f.
moo. # 103lu EXHIBIT "B"
SIDEWALK AND TRAFFIC CONTROL SIGNALS EASEMENT
SCALE: 1"=10'
Ln
D
r
LOT 24, BLK. 8 K
PALMER AVENUE PLACE SUBDIVISION m
14' ALLEY (1245 PALMER AVE.) X
SIDEWALK AND TRAFFIC D
S.L.P. CONTROL SIGNALS EASEMENT G
m
PROPOSED PED POLE PROPERTY
NORTHERN AVE
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Chris