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HomeMy WebLinkAbout11101RESOLUTION NO. 11101 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 904 WEST 10 STREET WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property located at 904 West 10 Street have granted an easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way will allow for a 10' drainage easement along the back of the lot at 904 West 10 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. INTRODUCED September 10, 2007 APPROVED: ESID NTof City Council ATTESTED BY: CITY CLERK Randy Thurston Councilperson Res / //0 D I I JE`H__ - Background Paper for Proposed RESOLUTION AGENDA ITEM #r• (p DATE: SEPTEMBER 10, 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 904 WEST LOTH STREET WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept an easement and right of way from property owners at 904 West 10' Street for the purpose of providing additional right of way for stormwater drainage. RECOMMENDATION Approval of this Resolution. BACKGROUND This Easement and Right of Way will allow for a 10' drainage easement at the back of the lot at 904 West 10' Strcet. FINANCIAL IMPACT None. 17 EASE 08/20/2007 12:00:40 PM Gll'art of C/ Clerk/Rec order, r rde r r, T Pueblo County, Co ®III K 11 9414IY ANAVINI 11111 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 17th day of August 1 2007 by Marvin Cunningham , 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 storm water drainage , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the Property). Grantor shall install drainage improvements in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. 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. 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. DPW 110 12/03/98 u Chan WG /ZV /ZWV1 3Z:WW:gU PR Pa Gl lberk Ortiz Clerk ®Re orde County, Co 21, 00 ®III K N111 01MUC M1 IhI101 ®1 II I t .ry S "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 August 2007 GRANTOR: By: T , foregoing instrument was acknowledged before me this 2 0 1 - i1 day of St - , Q007 by r&rVj(? 0 j nn;ylA ✓r� Witness my hand and offs J My Commission Expires: (SEAL) OF.FUEBLO ) ) ss. FCOLORADO) &1J0401 CNJC VV1ZO /cnb1 lL:04:40 rn Page: 3 of 4 R 21,00 0 0.00 T 21.00 Gilbert Ortiz�Clark /Recorder, Pueblo County, Co ®III 11% PO 111WERMAN VII IMP IAA 11111 Exhibit "A" A parcel of land located within the Southwest one - quarter of Section 25, Township 20 South, Range 65 West of the O Principal Meridian, County of Pueblo, City of Pueblo, State of Colorado, being more particularly described as follows: The South 10.00 (Ten) feet of Lots 1 through 3, Block 14, Thatcher and Thomas Addition to Pueblo, according to the recorded plat thereof, dated November 20, 1870, County of Pueblo Records. Said parcel contains 1,320 square feet, more or less. V T M IL 3 10 mma` m..v� N 10 NO m m � N f mN U) LU vMJ 4L � 0 L Ov co e� oa — � 1-4 a ° °uf EXHIBIT "B" 10TH STREET 80' ROW 44.0' 44.0' 44.0' w N w LOT 4 o LOT 3 o LOT 2 a LOT 1 a l ~ v' m N 00 LO N N 0D N w Y m 10' DRAINAGE EASEMENT E 44 2 0' �' c 44.0' LOT 14 LOT 15 LOT 16 SCALE: 1" = 20' PROJECT NO: CM05302 DATE: OWNER: 08 August Cunningham Corp. C � � ASSESSOR'S PARCEL: 525326001 PROraenorvu arvciHeaRe a wN�erom LEGAL DESCRIPTION Lots 13, Block 14, Thatcher 8 Thomas Addition C 6 M LON9UL]INO, (ADDRESS: 904 W10TH ST JOHN O.OHRI 00 E. RONIA .L9. t >9e FORTING N0901AEVM0, eUTE U]E 110 t9 Pueblo, Colorado 61003 Pu, caLanwo erase Oflw'. ]1 U3 .SQ.9S0o In: ]18.5430ir V T M IL 3 10 mma` m..v� N 10 NO m m � N f mN U) LU vMJ 4L � 0 L Ov co e� oa — � 1-4 a ° °uf