HomeMy WebLinkAbout11126RESOLUTION NO. 11126
A RESOLUTION ACCEPTING AN EASMENT FROM OWNERS OF REAL PROPERTY, LOT 1
C &R SUDIVISION, PUEBLO, COLORADO
WHEREAS, the easement is necessary to widen Eagleridge Boulevard at Elizabeth
Street to install a right turn deceleration lane for the westbound to northbound turning traffic
associated with the Pueblo Crossings Development.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
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The easement dated September 25, 2007, a copy of which is attached hereto, having
been approved as to form by the City Attorney, is herby approved and accepted.
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The City Clerk is directed to cause said easement to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith.
INTRODUCED
APPROVED: a
ESID NTof City Council
ATTESTED BY:
CITY CLERK
October 9. 2007
Randy Thurston
Councilperson
Res. Wlu
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 7
DATE: OCTOBER 9, 2007
DEPARTMENT: PUBLIC WORKS
DIRECTOR —DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING AN EASEMENT FROM OWNERS OF REAL PROPERTY,
LOT 1 C &R SUBDIVISION, PUEBLO, COLORADO
ISSUE
Should the City Council accept an easement from the property owner of Lot 1, C &R Subdivision
for the purpose of providing additional right of way for construction of pedestrian sidewalks.
RECOMMENDATION
Approval of Resolution.
BACKGROUND
The approval of the Pueblo Crossings Subdivision and the construction of various commercial
lands within the subdivision require the developer to widen Eagleridge Boulevard at Elizabeth
Street to accommodate a right turn deceleration lane for the westbound to northbound turning
traffic. The widening of the roadway necessitated the developer acquire additional property along
Eagleridge Boulevard for sidewalk. The acceptance of the easement is necessary for the developer
to construct required improvements.
FINANCIAL IMPACT
None.
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
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EASEMENT \nV
THIS EASEMENT, granted this o2 h day of 4 - 2007
by HT Pueblo Properties LLC, a Colorado Limited Liability C any, 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, a sign and a sidewalk easement and right of way for the purpose
of sign, sidewalk, and public utilities, in, through, over, under and across GRANTOR'S property situated in
Pueblo County, Colorado, described as follows:
See attached Exhibit "A"
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 the
GRANTOR for said purposes. The 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
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 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 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 Z6 day of 2007.
GRANTOR:
Heather Thompson
HT Pueblo Properties, LLC
A Colorado Limited Liability Company ( "HT"
COUNTY OF PUEBLO
) as.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 1:�Q y day of #(&2007,
by Heather Thompson, HT Pueblo Properties, LLC, A Colorado Limited Liab' rty Company ("HT ").
Witness my hand and official seal.
MycmWltioWpaexpires: w lr� /U
'\AOTAR)
SEAIOJ.
"
Notary Public
3
EXHIBIT "A"
A sign, sidewalk and public utility easement located within a portion of the El /2 of the
SW1 /4 and the W1/2 of the SEl /4 of Section 12, Township 20 South, Range 65 West of
the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more
particularly described as follows;
The southerly 5.00 feet of Lot 1, C. and R. Subdivision according to the recorded plat
thereof filed for record November 13, 1985 in Book 2263 at Page 748 in the records of
the Pueblo County Clerk and Recorder.
Said easement contains 840 square feet more or less.
ROCKY NG
PROFESSIONAL SURVEYOR NO. 16128
1745287 EASE 10/12/2007 03:31:18 PM -
Page: 2 of 3 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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17 EASE 10/12/2007 03:31:18 PM
Gilbert Ortiz Clerk /Recorrde, Pueblo County, Co
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