HomeMy WebLinkAbout11156RESOLUTION NO. 11156
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY
FROM OWNERS OF REAL PROPERTY LOCATED AT 422 KELLY STREET, 1030 FEARNOW
AVENUE, AND LOTS 17 THROUGH 20, BLOCK 22, EASTWOOD RE- SUBDIVISION WITHIN
PUEBLO, COLORADO
WHEREAS, the owners of real property located at 422 Kelly Street, 1030 Fearnow
Avenue, and Lots 17 through 20, Block 22, Eastwood Re- Subdivision, have each granted an
easement and right of way to the City of Pueblo; and
WHEREAS, such easements and rights of way are necessary to provide additional right
of way to allow for the installation of ADA accessible curb ramps at the northeast corner of Kelly
Street & Beech Street, the northwest corner of East 11 Street & Fearnow Avenue, and the
southeast corner of East 10 Street & Juan Madrid Avenue.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easements granted, copies of which 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 November 26, 2007
ATTESTED BY
BY Randy Thurston
Councilperson
APPROVED: a
d1occindwr %J City Council
CITY CLERK
�. w5to
CDD
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 0
DATE: NOVEMBER 2G, 2007
DEPARTMENT: PUBLIC WORKS
DIRECTOR — DANIEL E. CENTA, P.E.
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF
WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 422 KELLY STREET,
1030 FEARNOW AVENUE, AND LOTS 17 THROUGH 20, BLOCK 22, EASTWOOD
RE- SUBDIVISION, WITHIN PUEBLO, COLORADO
ISSUE
Should the City Council accept easements and rights of way for the purpose of providing
additional right of way for construction of ADA access curb ramps.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
These casements provide additional right of way to allow for the construction of ADA
accessible curb ramps at the northeast corner of Kelly Street & Beech Street, the
northwest corner of East 11' Street & Fearnow Avenue, and the southeast corner of East
10' Street & Juan Madrid Avenue.
FINANCIAL IMPACT
None.
Reso. 11156
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted thi day of October, 2007, by Theresa Y. Jaso and
Aaron T. Jaso 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 a pedestrian traffic
and utilities easement in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as 422 Kelly Street described as follows: (the "Property")
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
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 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 Grantce 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.
SIGNED this 30 day of October, 2007.
GRANTOR
By: �lL t Py �aa o
Theresa VJas6
(4t.
Aaror Jaso
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this day of October, 2007, by
Theresa Y. Jaso and Aaron T. Jaso,
my hand and official seal.
mission expires: 0 011
1750870 EASE 12/05/2007 03:27:54 PM
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G L lbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III KVr,30 VIN iAHLVFA 11111
EXHIBIT "A"
An easement located in the northeast corner of Lot 1, Block 9, Kelly Addition, according to the recorded
plat thereof.
Beginning at the northeast corner of said Lot 1, said corner being the intersection of the south right of way
line of Beech Street and the west right of way line of Kelly Street. Thence south along the said west right
of way line of Kelly Street, a distance of 5.00 feet, thence northwesterly, a distance of 7.13 feet to a point
on the south right of way line of Beech Street, thence east along the south right of way of Beech Street, a
distance of 5.00 feet to the Point of Beginning (P.O.B.)
Said easement contains an area of 12.5 sq.ft. t.
PEDESTRIAN EASEMENT
BEECH ST
PROPERTY
LOT 1
5.00
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EASEMENT
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ELK
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1750870 EASE 12/05/2007 03:27:54 PM
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Gi lbart Ortiz Clark/Recorder. Puebla County, Ca
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Reso. 11156 6P
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this q_ day of A Ua I1 S t , 2007, by
Douglas R. Kalanquin, Grantor, to PUEBLO, a Municipal Corpor�Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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 1030 Fearnow Ave. and described as follows: (the Property).
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
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 ALL Q X15+ , 2007.
G AD
B
WRR. anq i n
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO ) .
The foregoing instrument was acknowledged before me this �_ day of
A L A US t , 2007 by Douglas R. Kalanquin.
Witness my hand and official seal.
expires: 41 A to I 0 a
Notary Public
17 8 50871 EASE 12/05/2007 03:27:54 PM
Gilbert Ortiz Clerk//Recor r Pueblo County, Cc
®III K VIE, 30 All a'6f 111 M19111111
EXIIIBIT "A"
An easement located in the northwest corner of Lot 9, Blk. 6, Feamowville, according to the recorded plat
thereof.
Beginning at the northwest corner of the north 50.00 feet of the north 118.00 feet of said Lot 9, said
corner being the intersection of the south right of way line of E. I V Street and the east right of way line
of Fearnow Avenue, thence east along the said south right of way line of E. 11 " Street, a distance of 17.00
feet, thence southwesterly a distance of 17.16 feet to a point on the east right of way line of Fearnow
Avenue, thence north along the east right of way of Fearnow Avenue, a distance of 2.00 feet to the Point
of Beginning.
Said easement contains an area of 19.6 sq.ft. t.
PEDESTRIAN EASEMENT
E. 11TH ST
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Reso. 11156
' EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this � _ day of 2007, by
James P. Sanchez, Grantor, to PUEBLO, a Municipal Corporation, Grantee:
WITNESSETH:
THAT fN 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 Lots 17 to 20, Blk. 22, Eastwood Re- Subdivision (No Address) and described as
follows: (the Property).
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
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 ly day of hi4 114 S 2007.
GRANTOR:
BY
James P. Sanchez
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
�h
The foregoing instrument was acknowledged before me this _� day of
2007 by James P. Sanchez.
Witness my hand and official seal.
My com ssion4:xdirb D
(S E A L)
Nota Pu lic
- — - -
DPW III - - --
02/06/02 1750872 EASE 12/05/2007 03:27:54 PM
g
'• " _'� Gi lberk Ortiiz Clerk T Pueblo County. Cc
C G ®III K W3011FAIlibli 1160KIMM 1111
EXHIBIT "A"
An easement located in the southeast corner of Lot 17, Blk. 22, Eastwood Re- Subdivision, according to
the recorded plat thereof.
Beginning at the southeast corner of said Lot 17, said corner being the intersection of the north right of
way line of E. 10 Street and the west right of way line of Juan Madrid Avenue (Formerly Clovis
Avenue), thence west along the said north right of way line of E. 10` Street, a distance of 14.00 feet,
thence northeasterly a distance of 15.65 feet to a point on the west right of way line of Juan Madrid
Avenue, thence south along the west right of way line of Juan Madrid Avenue, a distance of 7.00 feet to
the Point of Beginning.
Said easement contains an area of 49.0 sq.ft. f.
8L 22
LOT 19
(25 )
LOT 18
(25) Q
�
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' LOT 17
(23.3)
PEDESTWNAND —
U"WYEASEMENT
f 4.1
NORSMROff OF WAY LINE
E 10TH ST. POWOFa
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3d
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8
1750872 EASE 12/05/2007 03:27:54 PM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
mill K or3 IN m N 1111