HomeMy WebLinkAbout10951RESOLUTION NO. 10951
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM
OWNERS OF REAL PROPERTY LOCATED AT 1010 EAST 4 STREET WITHIN PUEBLO,
COLORADO
WHEREAS, the owners of real property located at 1010 East 4th Street have granted an
easement and right of way to the City of Pueblo; and
WHEREAS, such easement and right of way is necessary to install an ADA accessible curb
ramp at the southeast corner of 4th Street & Iola Street.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement granted, a copy of which is attached hereto, 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 Easement to be recorded in the office of the Pueblo
County Clerk and Recorder forthwith.
APPROVED: Q a &
ESID NTof City Council
ATTESTED BY:
CITY CLERK
INTRODUCED March 12, 2007
BY Randy Thurston
Councilperson
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Background Paper for Proposed
RESOLUTION
v
AGENDA ITEM # 7
DATE: MARCH 12, 2007
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT
OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 1010 EAST 4TH
STREET WITHIN PUEBLO, COLORADO
ISSUE
Should the City Council accept an easement and right of way from property owners at
1010 East 4 Street for the purpose of providing additional right of way for construction
of an ADA access curb ramp.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
This easement and right of way is necessary to allow for the construction an ADA
accessible curb ramp at the southeast corner of 4'h Street & Iola Street.
FINANCIAL IMPACT
None.
Resolution #10951
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Page: 1 of 1
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Gilbert Ortiz Puebl aCtyClkSRec EASE R 6.00 D 0.00
EASEMENT AND RIGHT OF WAY
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THIS EASEMENT, granted this day of 200
by Richard LeeRoy Martinez and Terri Lee A. Martinez - Graw, Grantor, to UEBLQ a Municipal
Corporation, Grantee:
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WITNESSETH:
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THAT IN CONSIDERATION of the sum of Ten Dollars ($10.00) and other good and valuable
consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to
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Grantee, its successors and assigns, an easement and right of way for the purpose of public sidewalk
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(including retaining wall) and utilities in through, over, under and across Grantor's property situated in
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Pueblo County, Colorado, commonly known as 1010 E. 4th St. and described as follows: (the Property).
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SEE ATTACHED EXHIBITS "X'& "B"
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TOGETHER WITH the right to enter upon the Property for the purposes of constructi on,
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replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of
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Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose
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not inconsistent with the right and privilege above granted and which will not interfere with or endan ger
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any of Grantee's equipment of facilities therein or use thereof. Such reservation by the Grantor shall in
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no event include the right to locate or erect or cause to be located or erected on the Property any building
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or any other structure or manufactured or mobile home or trailer unit.
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Grantor warrants to Grantee that Grantee (a) has good and sufficient right and title in and to the
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Property and full power to grant this easement and right -of -way, and (b) will defend Grantee's quiet and
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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 r , day of
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this day of
2007, by Richard LeeRoy Martinez and Terri L ee A.
,�artinez McGraw. A•
"""" fitness my hand and official seal.
y commission expires:
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Resolution #10951
1723322 EASE 04/23/2007 03:32:44 PM
Pag lbert of cle r orderr, T Puebla County, Cc
mill K Pili�l«+IF1�i�.�11�IhJl �lh �11�'b 1I III
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02/06/02
EXHIBIT "A"
An easement located in the northwest corner of Lot 14, Blk. 12, Winter's Addition, according to the
recorded plat thereof.
Beginning at the northwest comer of said lot 14, said corner also being the intersection of the east right of
way line of Iola Avenue and the south right of way line of E. 4th St., (State Highway 96), thence south
along the east right of way line of Iola Avenue, a distance of 10.00 feet, thence northeasterly, a distance
of 14.10 feet to a point on the south right of way line of E. 4th St., (State Highway 96), thence west along
the south right of way line of E. 4th St., (State Highway 96), a distance of 10.00 feet to the Point of
Beginning (P.O.B.)
Said easement contains an area of 50.0 sq.ft. t.
Resolution #10951
EXHIBIT "B"
i E. 4TH ST
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POINT OF 5EGAIqING
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PROPERTY
EASEMENT
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(1010 E 4TH ST)
(RICHARD L. MARTINEZ)
1723322 EASE 04/23/2007 03:32:44 PM
PT ye: 3 of 3 R 10.00 D 0.00 T 16.00
G1ber! Ortiz Clerk /Recorder, Pueblo County, Cc
mill K N1111 �IFAIV11411 NL W wi 11111