HomeMy WebLinkAbout10497RESOLUTION NO. 10497
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM
OWNERS OF REAL PROPERTY LOCATED IN THE 1700 BLOCK OF KEELER AVENUE, 1700
BLOCK OF MOORE AVENUE, AND THE 3100 & 3200 BLOCKS OF BAYSTATE 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 install a pedestrian
sidewalk, ADA curb ramps at street corners, and relocate utilities across those portions of the
properties listed on Attachment "A" and legally described in separate easements attached hereto
and incorporated herein by reference (hereinafter referred to as the "Easements ").
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easements granted, 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 12, 2005
APP
' 9F CITY - CPYWIL
• A, t
BY Michael Occhiato
Councilperson
Background Paper for Proposed
RESOLUTION
k , X), C' I' loflq�
AGENDA ITEM # /
DATE: SEPTEMBER 12, 2005
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF
WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 1700 BLOCK OF
KEELER AVENUE, 1700 BLOCK OF MOORE AVENUE, AND THE 3100 & 3200
BLOCKS OF BAYSTATE WITHIN PUEBLO, COLORADO
ISSUE
Should the City Council accept easements and rights of way from property owners for the
purpose of providing additional right of way for construction of pedestrian sidewalks and
relocating utilities.
RECOMMENDATION
Approval of this Resolution.
These easements and rights of way are necessary to allow for the relocation of utilities for
the construction of pedestrian sidewalks and associated ADA accessible curb ramps at the
street corners. The sidewalk and corner curb ramp construction was initiated from a
CDBG request. Attached is a summary sheet listing each property owner who has
granted easements and rights of way..
FINANCIAL IMPACT
None.
ATTACHMENT "A"
ADDRESS
PROPERTY OWNER
COMMENTS
1701 Keeler Avenue
Tim Martinez
Electrical utility aerial easement
1701 Keeler Avenue
Tim Martinez
Public sidewalk easement
1702 Keeler Avenue
Manual A. & Judith E. Marez
Electrical utility aerial easement
1702 Keeler Avenue
Manuel A. & Judith E. Marez
Public sidewalk easement
1701 Moore Avenue
Deborah A. Hem & Chanda M. Sommers
Electrical utility aerial easement
1701 Moore Avenue
Deborah A. Hem & Chanda M. Sommers
Public sidewalk easement
1702 Moore Avenue
Debra Rena Wright & Joe Arnold Albrecht
Electrical utility aerial easement
1702 Moore Avenue
Debra Rena Wright & Joe Arnold Albrecht
Public sidewalk easement
3107 Bay State Avenue
Robert P. Mourning
Public sidewalk easement
3201 Bay State Avenue
Larry D. Maxwell
Public sidewalk easement
Resolution #10497 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 963 of 3 P
Chris C. Munoz Pusb1oCtyC1k&Reo EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 20 day of KGIM 2005, by
Tim Martinez 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, an easement and right of way for the purpose of electric utility aerial
easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1701
Keeler Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & `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 2-0 day of AA gtl 2005.
GRAMID
BY
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 20 day of
/�ttU,t 2005,by ! IWl or�rl
ml�-,
hand and official seal.
expires: `� l �� 1 6 F
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Resolution #10497 II III I III I IIIIII IIII I II 1639 I of 3 P
Chris C. Munoz PueCloCtyClk &Rec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 114�i day of -AAA / , 2005, by
Manuel A. & Judith E. Marez 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, an easement and right of way for the purpose of public sidewalk in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 1702 Keeler Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & "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 /V day of 1 2005.
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
GRANTOR:
BY i C�v .L'�e r �/1/ C
MANUEL A. MAREZ r
DITH E. MAREZ
The foregoing instrument was acknowledged before me this t day of
-{4Y r , 2005, by Manuel A. Marez & Judith E. Marez.
Witness my hand and official seal. /
My commission expires:
(S E A L) { l_
Notary Public i
DPW 111
02/06/02d�
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Resolution #10497 111111111111111111111111111111111111111111111111111111100 63 of 3 P
Chris C Munoz Pueb1oCtyC1k&Reo EASE R 16. D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this b day of 7Ll y� , 2005, by
Manuel A. & Judith E Marez Grantor, to PUEBLO, a Municipal Cor oration, 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, an easement and right of way for the purpose of electric utility aerial
easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1702
Keeler Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & "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 �b day of Gt , 2005.
GRANTOR:
COUNTY OF PUEBLO
ss. �J
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this dZ day of
� c[Sf > zoos, by ���a�� J2.xd- u�€Mct�z
Witness my hand and official seal.
My commission expires: /e>
/05
(SEAL
NObyPIWC Notary Public
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02/06/02
MyCommlsslort Exo!res 10105 /200"
Resolution #10497 III III IIII IIII I II II II III II II 9s3 1006P
Chris C. Munoz Pueb1oCtyC1k6Rec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 2-5 day of R C ✓U 2005, by
Tim Martinez Grantor, to PUEBLO, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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 in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 1701 Keeler Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & "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 23 day of FCbv LA 1 2005.
�.
lu UUUVVV V . 1 1 14J 1101
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 2 3 day of
. i U
2005, by Tim Martinez.
hand and official seal.
expires: 9-)aePl a
�eQ�&
Notary Public
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Resolution #10497 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 163 of 3 6P
Chris C. Munoz PuebloCtyClk &Rec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 2 ,0 day of —j L44 , 2005, by
Deborah A. Hem and Chanda M. Sommers Grantor, to PUEBLO, a Muhicipal 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, an easement and right of way for the purpose of electric utility aerial
easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1701
Moore Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & "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 ZO day of 2005.
GRANTOR:
BY � p (� (� 1
7 A�.0�Y� �.0 . A 1�A 1J
COUNTY OF PUEBLO ) C) io-n6&
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 20 day of
J a 1 2005, by Leh .rn q=
Chb� A . a � . + � a am per S
,u•^ ,. ltness my hand and official seal.
6&,nmissionexpires: 1 4IZIP109
W p�ARr • a �
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Resolution #10497 III IIII IIII III I I II II IIII III II g639272
Chris C. Munoz PuebloCtyClkBRec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 20 day of — ,6 t Y , 2005, by
Deborah A. Hearn and Chanda M. Sommers Grantor, to PUEBLO, a Municipal Corporation, Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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 in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 1701 Moore Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & `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 20 day of July , 2005.
GRANT
tL- DE BO R AH .
� v
.• M. SOMMERS
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this z0 day of
2005, by Deborah A. Hearn and Chanda M. Sommers.
hand and official seal.
N nissl l onexpires: 412[nI
Notary Public
�
OF' comp
Resolution #10497 VIII VIII IIIIII IIII IIII IIII II III 163 of 3 P
Chris C. Munoz Pueb1oCtyC1k &Rec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 0 3 0? day of 2005, by
Debra R. Wright & Joe A. Albrecht 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, an easement and right of way for the purpose of electric utility aerial
easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1702
Moore Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & `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 0� 21( day of d r �n laly-� 1 2005.
GRANTOR:
BY q
COUNTY OF PUEBLO ) c Ct
) ss. D
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this V y ~ day of
210 2005, by p ebra R Ad a.rA M A AlL f
Witness my hand and official seal.
My con ion expires: 2-,0,9
5
oPf to Public
DPW 111
02/05/02 mom'. ?�/�3�.,.- o /
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OF CCU .•
Resolution #10497 IIII VIII III III IIIIIiI IIIIIIII IIIII III Page: of 3 P
Chris C. Munoz Puehl OCtyC1k4Reo EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 2 5 day of VD4 t-1 , 2005, by
Debra Rena Wright & Joe Arnold Albrecht 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, an easement and right of way for the purpose of public sidewalk in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 1702 Moore Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & `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 — 2-5 day of H 6L* � 1 2005.
BYRANT /04J
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
DPBRA RENA W RIGIA
JOE ARNOLD ALBRECHT
The foregoing instrument was acknowledged before me this S day of
2005, by Debra Rena Wright and Joe Arnold Albrecht.
and official seal.
tt `,� -9; 9is?fi expires:
(s _
E L J
ti °; \C'j °'J
.� (P (o8
A-
Notary Public
Resolution #10497 II III III I III I II III IIII III 963 of 3 P
Chris C. Munoz Pueb1oCtyC1k &Rec EASE R 16.00 D 0.00
EASEMENT AND RIGHT OF WAY
ti
THIS EASEMENT, granted this ! day of , 2005, by
Larry D. Maxwell 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, an easement and right of way for the purpose of public sidewalk in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 3201 Bay State Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & °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 t /\ day of
2005.
M / M �
D. MAXWELL
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this cS /\ day of
2005, by Larry D. Maxwell.
Witn ss my hand and official seal.
My commission expires: GU�
(SEAL) . ..C.... ......
/d
rsTA 3Z X ' \ Notary Public
DPW I I I 9 —J.'
02/06/02
F 00
Resolution #10497 c V 16. 00 g639 3
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of 13 + ;� w a r y 2005, by
Robert P. Mourning 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, an easement and right of way for the purpose of public sidewalk in
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly
known as 3107 Bay State Ave. and described as follows: (the Property).
SEE ATTACHED EXHIBITS "A" & "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 a * h day of a n t�e r 1 2005.
G OR:
BY �e
ROBERT P. MOURNING
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 5 y day of
1 2005, by Robert P. Mounting.
Wi ess my hand and official seal.
My commission
(SEAL)
DPW 111
02/06/02
M 2rXJb'
" E
�YaRY o
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. F OF COI.
Notary Public