HomeMy WebLinkAbout10985RESOLUTION NO. 10985
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FOR DRAINAGE AND
INGRESS & EGRESS FROM THE PROPERTY OWNER AT 701 W. 9 STREET WITHIN
PUEBLO, COLORADO.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO. that:
SECTION 1.
The Easement and Right of Way dated March 28, 2007 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 April 23, 2007
BY Randy Thurston
Councilperson
APPROVED:
RRESIDIENTof City Council
ATTESTED BY:
CITY CLERK
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: April 23, 2009
DEPARTMENT: PUBLIC WORKS
DAN CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FOR
DRAINAGE AND INGRESS & EGRESS FROM THE PROPERTY OWNER AT 701
W. 9" STREET 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
A portion of the platted alley running east/west between West Street, Craig Street, 9`"
Street and 10` Street is encumbered by utility poles, raised sewer manholes and private
fences. Historically traffic traversing the alley has encroached on the above private
property. The property owner has constructed a patio over the traversable way; therefore,
rather than the City pursuing prescriptive right, the City required they provide an
easement allowing the public to travel through their parking lot from the alley to 9 t '
Street, thus eliminating the dead end alley.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
RESO# 10985 q
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
t"
THIS EASEMENT, granted this Z day of March, 2007, by American Legion Post #2,
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 Drainage and Ineress & Egress in, through, over, under and across Grantor's property situated in
Pueblo County, Colorado described in the attached Exhibit "A" (the Property).
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an
administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right to
enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control,
maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such
failure.
Grantor reserves the right to use and occupy the Property for any purpose not inconsistent
with the privilege above granted and which will not interfere with or endanger any 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.
In the event the Grantor should choose to expand the footprint of the existing structure, the
above easement may be relocated, provided the City and the Grantor mutually agree upon the new
easement location.
Grantor warrants to Grantee that 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.
1723975 EASE 04/27/2007 04:28:05 PM
Pa i ? b e: 1 of 4 R 21.00 D 0.00 T 21.00
Gert Ortiz Clerk /Recorder, Pueblo County, Cc
■III K 1171«11 WIAT,A Nit NM 11111
DPW 110
12/03/98
RESO# 10985
SIGNED this .7 q day of March, 2007.
GRANTOR: American Legion Post 42, Inc., a Colorado Corporation
By: 411 .4
Dave Davenport, Post Commander
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this day of March, 2007, by
Dave Davenport, Post Commander, American Legion Post #2, Inc., a Colorado Corporation.
Witness my hand and official seal.
My Commission Expires:
:c:, A C
P 0 1.�
1723975 EASE 04/27/2007 04:28:05 PM
Page: 2 of 4 R 21.00 D 0.00 T 21.00
Gl bert Ortiz Clerk /Recorder, Pueblo County, Cc
mill K111 «11 1 AIT �a�, IMI 11111
RESO# 10985
EXHIBIT "A"
An easement for the purposes of Drainage and Ingress & Egress over and across a portion of Lots 10, 11 and
12, Block 20, Thatcher and Thomas' Addition, according to the plat recorded May 11, 1871 in Book 113,
Page 10 in the office of the Pueblo County Clerk and Recorder, being more particularly described as follows:
Beginning at the southeast corner of Lot 12, Block 20 Thatcher and Thomas' Addition; thence westerly
along the north Right -of -Way line of West 9"' Street, a distance of 14.61 feet to the TRUE POINT OF
BEGINNING; thence continuing westerly along the north Right -of -Way line of West 9 h Street, a distance of
24.00 feet; thence northerly and parallel to the east line of said Lot 12, a distance of 108.29 feet; thence
westerly 93.39 feet more or less to a point on the westerly line of Lot 10, Block 20, Thatcher and Thomas'
Addition; thence northerly along the west lot line of Lot 10, a distance of 11.71 feet more or less to a point
on the southerly Right -of -Way line of the alley in Block 20; thence easterly along the said alley line of Block
20, a distance of 117.39 feet; thence southerly and parallel to the east line of said Lot 12, a distance of
120.00 feet more or less to the TRUE POINT OF BEGINNING.
1723978 EASE 04/27/2007 04:28:03 PM
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Gilerk Ortiz /Recorder, Pueblo County, Cc
mill K N1110111 WA %wi W hob 11111
9
RESO# 10985
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