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HomeMy WebLinkAbout10641RESOLUTION NO. 10641 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY OVER THE NORTH THREE (3) FEET OF LOT 1, BLOCK 1, EAGLECROSS SUBDIVISION. WHEREAS, an easement and right of way is necessary to install a right turn deceleration lane for the eastbound to southbound traffic movement onto Lots 1 -3, Block 1 of Eaglecross Subdivision. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way dated January 25, 2006, a copy of which is attached hereto, having been approved as to form by the City Attorney, is herby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED February 13, 2006 BY Jeff Chostner Councilperson APPROVED: — , President of City Council ATTESTED BY: CITY CLERK 9 ,00 # lu / Background Paper for Proposed RESOLUTION AGENDA ITEM # 13 DATE: February 13, 2006 DEPARTMENT: PUBLIC WORKS DAN CENTA, P.E. TITLE A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY OVER THE NORTH THREE (3) FEET OF LOT 1, BLOCK 1, EAGLECROSS SUBDIVISION. 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 rights of way is necessary to allow for the construction of a right turn deceleration lane for the eastbound to southbound traffic movement onto Lots 1 -3, Block 1 ofEaglecross Subdivision. FINANCIAL IMPACT There is no financial impact upon the City due to this action. . 10104 I EASEMENT AND RIGHT OF WAY ATTACHMENT 1 THIS EASEMENT, granted this a S yv\ day of _2006 by Trilochan Motel, Inc., a Colorado Corporation, 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 construction and maintenance of sidewalks, handicap ramps, and curb returns in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado (the "Property") The North 3 feet of Lot 1 in Block 1 in Eaglecross Subdivision, County of Pueblo, State of Colorado. TOGETHER WITH the right to enter upon the Property for the proposes 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 and 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 d 5 day of 0 ' 2006__. GRANTOR riloc an Motel, Inc., a Colorado C oration (Corporate Seal) ,its President. COUNTY of PUEBLO ) I II i s II 00 D 0 00 I II I I I I I I II I 1663271 S5. III IIII II II II II Page. 11 STATE OF COLORADO ) . Munoz PUeb1OCtyClk4Reo EASE R 6. 02/27 8.46F1 T e foregoing instrument was acknowledge before me this _ day of 2006 by 04eA �y4 Q/t,C: , President of Trilochan Motel, Inc., a Colorado C rpo anon. Witness mX od AQ official seal. o• E ARE< '•,,�, M ion e; �f MY COMMISSION EXPIRES 5/12/ (SEAL) = NOTgAy: 9� p 0 8 L I G: 0 Not ry blic