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HomeMy WebLinkAbout11534RESOLUTION NO. 11534 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 500 & 600 BLOCKS OF ARDATH LANE AND AT 2448 MOUNTVIEW DRIVE WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property located at 512 Ardath, 603 Ardath, 613 Ardath, 615 Ardath, 638 Ardath, 646 Ardath, and 2448 Mountview Drive 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 and /or sidewalk. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFOTinN 1 The Easements for pedestrian traffic and utilities, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SFOTinN 9 The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: February 23, 2009 BY: Judy Weaver Councilperson APPROVED:' PRESI@ENTuf City Council A77'ESTEDEY: + CUf C t use Y LMUt L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 2 DATE: FEBRUARY 23, 2009 DEPARTMENT: PUBLIC WORKS INTERIM DIRECTOR — MICKEY BEYER, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 500 & 600 BLOCKS OF ARDATH LANE AND AT 2448 MOUNTVIEW DRIVE WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept easements and rights of way from property owners for the purpose of providing additional right of way for construction of pedestrian sidewalks and ADA curb ramps. Approval of this Resolution. BACKGROUND These easements and rights of way are necessary to allow for the construction of pedestrian sidewalks and associated ADA accessible curb ramps at the street corners. Attached is a summary sheet listing each property owner who has granted an easement and right of way. FINANCIAL IMPACT None. ATTACHMENT "A" EASEMENTS & RIGHTS OF WAY ADDRESS PROPERTY OWNER 512 Ardath Lane Susan & Russel Pfaffenhauser 603 Ardath Lane Steve Pavicich 613 Ardath Lane Steve Pavicich 615 Ardath Lane Steve Pavicich 638 Ardath Lane Louis Johnson 646 Ardath Lane Nelson Garcia 2448 Mountview Drive Frances Mary Ferrendelli Reso. 11534 EASEMENT 4 THIS EASEMENT, granted this day of uar w 2009, by Susan J and Russell M Pfaffenhauser, Grantor, to Pueblo, a Municipal corporation, Gr tee: 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 five foot easement 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 512 Ardath Lane and described as follows: ERE SEE ATTACHED EXHIBIT 0 TOGETHER WITH the right to enter upon said property for the purpose of construction, T maintenance, control and repair, and together with the right to use so much of the adjoining property of _ 0.G Grantor for said tim�ses: The Grantor reserves the right to use end occupy said roe for-any uroose P Y- PY property rty P ! M -v M consistent with the right and privilege above granted and which will not interfere with or endanger any of 09 M Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event Mma include the right to locate or erect or cause to be located or erected any building or any other structure m i upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures m a and other objects located on the easement interfering with the construction, maintenance, operation, Nm 0 - control or use of the easement for its intended purpose. 4) -6Z Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the aN Z; _ property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful W o 0 possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be ro;m_ — binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this 3 day of F'C 19Y Lkaff , 2009. The foregoing instrument was acknowledged before me this � day of Y 11�OLY , 2009 by Susan J and Russell M Pfaffenhauser. ;,,,io Witness my hand and official seal. �� ` ,�,x ;• +�,�(",. ' mmission expires: [P 0 a R� �w•4 r [S - C n s.t J Notary Public 1797226 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder Pueblo County, Cc 1 11. 1 SLAB EXHIBIT GG A 99 An easement located in the west half of Lot 19, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 19. Said easement contains an area of 600.0 sq.ft. f. PED ESTRIAN AS ENT N.T.S. C� J L AR ATH -- LN -__,_ _ _ - - - -- - - - J PROPERTY 135.0'f � _ EASEMENT 0 C L (51 2) T 'i G r— �' L_V I I .. Z C m Reso. 11534 EASEMENT THIS EASEMENT, granted this -� '� - day of , 2009, by Steve , TR Pavicich, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good an d valuable_ consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to 0 - Grantee, its successors and assigns, a five foot easement for the purpose of pedestrian traffic and utilities, T _ in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly a known as 603 Ardath Lane and described as follows: ; d O M H n SEE ATTACHED EXHIBIT "A" 0 0 m J 1 TOGETHER WITH the right to enter upon said property for the purpose of construction, a maintenance control and repair, and together with the right to use so much of the ad'oinin roe of ' Nm ° r P g g J gP prty ;i 0 . e '.Grantor =for said p u ' oses. The Grantor reserves the right to use and occupy said roe for an u ose rp l PY property rtY y P rl? N ,& consistent with the right and privilege above granted and which will not interfere with or endanger any of L -1m= Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event a N N include the right to locate or erect or cause to be located or erected any building or any other ' structure W %- L upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures N ...° and other objects located on the easement interfering with the construction, maintenance, operation, �; m control or use of the easement for its intended `u ose: P rP r.ac� 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 (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of -Z , 2009. GRANTOR: �. BY Steve TR Pavicich ) ss. .STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of p. 2 by Steve TR. Pavicich. �1 Witness my hand and official seal. O a My commission expires: e ° o ° V [SEAL]e O e O.Q � m s'•• U °�m ° Notary Public Ile 0 EXHIBIT "A" 1797227 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co q m 11111 An easement located in the east half of the north 85.0 feet of Lot 7, Blk. 3, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The easterly 5.00 feet of said lot 7. Said easement contains an area of 425.0 sq.ft. �. 1, C� (603) EASEMENT z m J � 85.0' PROP ERTY L ARDATH LN J L C� c > r EXHIBIT "A" 1797227 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Reoorder, Pueblo County, Co q m 11111 An easement located in the east half of the north 85.0 feet of Lot 7, Blk. 3, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The easterly 5.00 feet of said lot 7. Said easement contains an area of 425.0 sq.ft. �. 1, C� (603) EASEMENT z m J � 85.0' PROP ERTY L ARDATH LN J L C� c > ,•y'r i ,r Reso. 11534 EASEMENT N THIS EASEMENT, granted this day of 2009, by Steve TR Pavicich, 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 five foot easement 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 613 Ardath Lane and described as follows: a m Ma SEE ATTACHED EXHIBIT "A" M m M a m TOGETHER WITH the right to enter upon said property for the purpose of construction, o, G ot maintenance, control and repair, and together with the right to use so much of the adjoining property of N ®o \ U Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose N consistent with the right and privilege above granted and which will not interfere with or endanger any of N 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 any building or any other structure a N N upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures.. W 0 0 and other objects located on the easement interfering with the construction, maintenance, operation, N'"., control or use of the easement for its intended purpose. 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 (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of �� , 2009. GRANTOR: BY Steve TR Pavicich COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this LJ day of 2009 by Steve TR Pavicich. M B®(! � itness my hand and official seal. 0 nx �` TA •• ° e commission expires: o • •� e • [SEAL] o p • �- — LeC� p Notary Public EXHIBIT "A" An easement located in the east half of the north 67.5 feet of Lot 8, Blk. 3, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The easterly 5.00 feet of said lot 8 Said easement contains an area of 337.5 sq.ft. f. w N.T.S. I 1 �U J 0 0 C C� r Z EASEME T (61 3) m J � 67.5' PROP L ARDATH LN L C� C 1797228 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc Reso. 11534 I.- �1) EASEMENT THIS EASEMENT, granted this day of , 2009, by Steve TR Pavicich, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: i 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 five foot easement 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 615 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" U — OEM- TOGETHER WITH the right to enter upon said property, for the purpose of construction, _ _ maintenance, control and repair, and together with the right to use so much of the adjoining property of . am; Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose I ; 8 consistent with the right and privilege above granted and which will not interfere with or endanger any of M ~� Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event m a include the right to locate or erect or cause to be located or erected any building or any other structure a , m I upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures ®° and other objects located on the easement interfering with the construction, maintenance, operation, ;-m control or use of the easement for its- intended purpose: N Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the a N N _ property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful ! w o0 possession of the easement against all persons who may lawfully claim title to the property. N Y "Grantee" shall include the plural and the feminine. This easement shall run with the land, be ^a binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED thi day of , 2009. GRANTOR: BY Steve TR Pavicich. COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of r- �A , 2009 by Steve TR Pavicich. {P Bov �� m O s o O o ®i SEAL] �0 A ° ti�aa c r) ?.. my hand and official seal. ission expires: ' a 1 l Notary Public CA 12/30/08 v E IT 6699 An easement located in the east half of the south 67.5 feet of Lot 8, Blk. 3, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The easterly 5.00 feet of said lot 8. Said easement contains an area of 337.5 sq.ft. �. Ri a 4 i _I C � 1797229 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc III r, MINA10 ®1 0 h 11111 rr� 0 z M (615) EASEME T CD .I- 67.5' PROP L ARDATH LN J 0 L 1 J _I C � 1797229 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc III r, MINA10 ®1 0 h 11111 V. Reso. 11534 EASEMENT 'V THIS EASEMENT, granted this �/ _ day of 2009, by Louis Johnson, 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 five foot easement for the purpose of pedestrian traffic and utilities, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly a� M` known as 63 8 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" m m- - mo TOGETHER WITH the right to enter upon said property for the purpose of construction, N m maintenance, control and repair, and together with the right to use so much of the adjoining property of N Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose N Js Oct a► consistent - with the right and privilege ` above granted - and "which will inte ffere with or endwigerany of W Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event a (4N include the right to locate or erect or cause to be located or erected any building or any other structure ° upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures N ~ L and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. 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 (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the L plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this Q. day of J , 2009. GRANTOR: BY ' Louis John n COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) foregoing instrument was acknowledged before me this day of i =`�� t" �' , 2009 by Louis' Johnson. � °' • v S ° a � J e 9 4 6 F ' . O �r C cress my hand and official seal. commission expires: /, CA 12/30/08 An easement located in the west half of the north half of Lot 11, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 11. Said easement contains an area of 337.5 sq.ft. �. r_ - r - '\N I r L- L) I v/ \ F� L I \7 F� I .� ARDATH LN PROPERTY 67.5 0 Ln -° EASEMENT o (638) (- I L. �. C < 2 Z m �Arr -lam I A Nin V v L/ L, L_ / — \ I v L,/ \� �UL� Ivv `fi 1797230 EASE 02/25/2009 03:32:33 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc M ill M � Reso. 11534 EASEMENT fi THIS EASEMENT, granted this day of c rcc et 1- , 2009, by Nelson H. and Eutemia Garcia, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable I consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee its successors and assi ns a five foot easement for the u ose of edestrian traffic and utilities in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly — = , known as 646 Ardath Lane and described as follows:. SEE ATTACHED EXHIBIT "A" p- U TOGETHER WITH the right to enter upon said property for the purpose of construction, a - maintenance, control and repair, and together with the right to use so much of the adjoining property of ; Grantorfor said purposes. The Grantor reserves the right to use and occupy said roe for an purpose P rl? ..,. g_ PY property Y p rP M o _ consistent with the right and privilege above granted and which will not interfere with or endanger any of N�-- M Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shah m no event include the right to locate or erect or, cause to be located or erected any building or any other structure m�a o m = upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings,' structures Na o and other objects located on the easement interfering 'with the construction; maintenance, operation, 91 control or use of the easement for its intended"" , N'" Y m oc m N Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the M N - W property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful O o possession of the easement against all persons who may lawfully claim title to the property. N . m "Grantee" shall include the plural and the feminine. This easement shall run with the land, be a binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this 4 day of r-G 6 r "_ex 2009. GRANT S: BY Nelson H. Garcia Eutemia Garcia al COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this y day of ,�, b r •�a.r y/ , 2009 by Nelson H. Witness my hand and official seal. My commission expires: �_o 4 0o o R * Notary Nblic 4 14;0 1 1 AA dig&68 An easement located in the west half of the south half of Lot 11, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. Re'so. 11534 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this day of 200;,by Anthony W and Frances Mary Ferrendelli, Grantor, to PUEBLO, a Municipal` C/orporation, 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 -Jim 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, ir U commonly known as 2448 Mountyiew Dr. and described as follows: (the, Property). SEE ATTACH-ED ' EXHIBIT "A" a m re TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance,, contr6l,,and repair, and the right to use so much of the adjoining property of i m g :E 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 Nmo - -any - of Grantee's-equipme-At of fac Lies - therein or use thercof. ---'0-uch---rcserva4L-,ior. 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 N Y or any other structure or manufactured or mobile home or trailer unit. W 0 W N Grantor warrants to Grantee that Grantee (a) has good and sufficient right and title in and to the 'm 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 N--' claim title to the property. MOM "Grantee" shall include the plural and the feminine. This Easement And Right of Way shall be A binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. SIGNED NED this day of 92001 The foregoing instrument was acknowledged before me this 48 ti, day of F lb Ir ;,2001by Lthe" W-and Frances Mary Ferrendelli. Witness m hand and official seal. M commission. Y. (S EA L) DPW 111 02/06/02'. 14, a-O/;L Notary Public • V EXHIBIT "A" An easement located at the northwest corner of Lot 1, Blk. 8. Mountair Sub 1 St Filing, according to the recorded plat thereof. Beginning at the northwest corner of said Lot 1, said corner being the intersection of the south right of way line of Mountview Drive and the east right of way line of Fairmount Lane, thence east along the south right of way line of Mountview Drive, a distance of 18.00 feet, thence southwesterly a distance of 19.32 feet to a point on the east right of way line of Fairmount Lane, thence north along the west right of way line of Fairmount Lane, a distance of 7.00 feet to the Point of Beginning. Said easement contains an area of 63.00 sq.ft. f.