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HomeMy WebLinkAbout10688RESOLUTION NO. 10688 A RESOLUTION ACCEPTING EASEMENTS AND RIGHT -OF -WAYS FROM THE OWNERS OF REAL PROPERTY LOCATED AT 505 ARDATH LANE, 515 ARDATH LANE, AND 519 ARDATH LANE WHEREAS, the owners of real property as identified in the attached three (3) easements ( "Easements ") have granted the easements and right -of -ways therein described to the City of Pueblo; and WHEREAS, such Easements are necessary to construct curb ramps and sidewalks; BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The three (3) Easements that 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 April 10, 2006 BY Randy Thurston Councilperson APPROVED: — , President of City Council ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION 4 00, -� ID&W AGENDA ITEM # f D DATE: APRIL 10, 2006 DEPARTMENT: PUBLIC WORKS DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING EASEMENTS AND RIGHT -OF -WAYS FROM THE OWNERS OF REAL PROPERTY LOCATED AT 505 ARDATH LANE, 515 ARDATH LANE, AND 519 ARDATH LANE. ISSUE Should the City Council accept easement and right of way from the owners of real property located at 505 Ardath Lane, 515 Ardath Lane and 519 Ardath Lane for the purpose of construction of curb ramps and sidewalks? RECOMMENDATION Approval of Resolution BACKGROUND The attached easements and rights of way are necessary in order to allow for the construction of curb ramps and sidewalk facilities meeting ADA and City of Pueblo standards. FINANCIAL IMPACT There is no financial impact upon the City due to this action. EXHIBIT "B" PEDESTRIAN TRAFFIC AND UTILITIES EASEMENT LOT 1, BLK 3, W.C.B. LAND COMPANY SUB NO. 4 505 ARDATH LN POINT OF BEGINNING (P.O.B) S THATCHER AVE '° � WALK T T - SCALE: 1 " 09P l i I J WENT I I _ Q iI: II Q orzwr li 25 30 m � II I j `' y !II I II li I i lI1 I I I , I 09P 1670847 3 re: Reso. #10688 : I of 3 IIIIIII IIIII IIIIII III IIIIIIIIIIIII 'IIIIIIIIIIIIIIIIIIII 04 04:09P Chris C. Munoz Pueb1oCtyC1k &Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this ) 2 J day of LLL 2005, by Ardath Varner 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 pedestrian traffic and utilities in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 505 Ardath Lane 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 17— day of _ � 1 2005. GRANTOR: BY S�I1�dI(!i l v l(Jl� COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 12— day of 2005, by ! iYd � AYne* Witness my hand and official seal. CC . ......... ivhyf�commission expires: JVj2J D m� OTA��y�`: o ~� AG t ` q Notary Public 1670848 3 gJ11 III IIIIIIII III IIIIIII 1111111111111111 . /1 l of 3 re: Reso. #10688 04/14/2006 04:09P Chris C. Munoz PuebloCtYMO -FRoe EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY /n� THIS EASEMENT, granted this I— day of _ k Y 1 2005, by Ardath Varner 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 pedestrian traffic and utilities in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 515 Ardath Lane and described as follows: (the Property). SEE ATTACHED EXHIBITS "A7& "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 _1 – _ day of X i X i 2005. ..1 O . x.11 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this Z day of LY 2005, by &dA (f Qh VI P/1 W4,ness my hand and official seal. GG• p ........ commission expires: 4 L ? (P 166 W: otA�r a3: a n Notary Public oz'M;brae Page: I of 3 re: Reso. #10688 IIIIIIIIIIII II I III I VIII II IIII I II 167084909P Chris C. Munoz Pueb1aCtyC1k &Rea EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this I ?— day of _ )U I A4 2005, by Ardath Varner 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 pedestrian traffic and utilities in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 519 Ardath Lane 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 day of .A,c W 1 2005. GRANTOR: `^ > / BY � CL_p�o COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this J day of ,II A4 2005, by —A r)J a j 1 JJ0AJJ Et ,,.; »W4sr4,s my hand and official seal. vp fP, U✓ -� 0 /,, • "1Gly Co>4imii lion expires: Z.1 OF A 11 - Notary Public 11 'I• "'" ' � j � n , G1F c