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HomeMy WebLinkAbout11556RESOLUTION NO. 11556 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 546 ARDATH LANE, 556 ARDATH LANE, 616 ARDATH LANE, AND 622 ARDATH LANE WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property located at 546 ARDATH LANE, 556 ARDATH LANE, 616 ARDATH LANE, and 622 ARDATH LANE 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 sidewalk in the 500 and 600 Blocks of Ardath Lane. 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. A77ESTED SY: CITY CLERK INTRODUCED: March 23. 2009 BY: Judy Weaver Councilperson APPR D' } �- PRESIDENTaf Cfty Council L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: MARCH 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 AT 546 ARDATH LANE, 556 ARDATH LANE, 616 ARDATH LANE, AND 622 ARDATH LANE 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 sidewalk. Approval of this Resolution. BACKGROUND These easements provide additional right of way to allow for the construction of City sidewalk in 500 and 600 Blocks of Ardath Lane. FINANCIAL IMPACT None. Reso. 11556 EASEMENT THIS EASEMENT, granted this day of - , 2009, by Dorothy L. Hribar and Rosann F. Curran, Grantor, to Pueblo, a Municipal corporation, antee: 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 546 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A 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 roe d of p g g J gP P - y : Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent 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 any building or any other structure 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, 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. The foregoing instrument - was acknowledged before 2009 by Doresthy L. Hriba Wid Resedin F. Cum . Witness my hand and official seal. [SE M commission expires: K 1� t M BREVIER CA 12/30/08 me this ) day of , A of Ow. . C0111M: U ,moires Mai 1`;2'11 f a,.. Rid in Hghland 006* ' r Not es Public 1800409 EASE 03/27/2009 04:05:37 PM Pa 1 of 1 R 6.00 D 0.00 T 6.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III MI R� O 1001 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 546 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT" TOGETHER WITH the right to enter upon said property for the purpose construction, maintenance, control .and repair; and together with the right to use so. much of the adjoining property of Grantor for said„ u , oses. The Grantor reserves the ri ht to use and occu said "ro a for =pan } P g Py P p rty. Y P._ u consistent 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 any building or ,any other structure upon the easement.- Grantee. shall have 'the right to •rem0Ve, at Grantor's expense, buildings,, structures A and other objects located on the easement interfering with the construction, maintenance, operation, , control or use of the easemefi for its intended ,p' ;' 'se:` 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 l day of TeIrt) ' , 2009. The foregoing .,instrument was acknowledged before me this day of ` 2009- by Rosann F. Curran. Witness rnyhand and-official seal. ' My commission expires: J D LI/11 [SEAL] . STACEY HAR DING NOTARY PUBLIC STATE OF COLORADO CA 12/30/0$ �......�..........— �._... My commission expire ; q An easement located in the west half of the south 50.0 feet of Lot 16, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat 'thereof. The westerly 5.00 feet of said lot 16. : Said easement contains an area of 250 sq.ft. �. I I F1 D / D PROPERTY 50.0 5 0.0 - - - - 0 35.0' Ln EASEME T. o 546 m �_�T r i N n m I V I V V L.) L L_ -/ v N I G1 A t 8 0410 EASE 03/27/2009 04:05:37 PM Pa : 2 of 2 R 11.00 D 0.00 T 11-0 nY Co Gilbert Ortiz Clerk /Recorder, I I I 1 1111 lima. Rill 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 556 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" 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 Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent 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 any building or any other structure 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, 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. E-e 6 �^t. e SIGNED this � day of 5 2009. GRANTOR: BY onnie P Lopez COUNTY _ _ _ _)_ ss. STATE OF COLORADO ) The foregoing instrument was 2009 by Lonnie P Lopez, acknowledged before me this � 1 7 day of Witness my hand and official seal. 1 �� u 4' ; '�,• My commission expires: S-13-2-o .. a1 D14 r , CA �1�/30�C EXHIBIT 66 A " An easement located in the west half of the south half of Lot 15, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 15. Said easement contains an area of 337.5 sq.ft. f. 1117 :oil 1111 111 �k =� A f1i\IL�1 — \l -- -- __-.�-__ __ _ - J_ A DATH LN PROPERTY M � A I A R I F - � N In A vv L) L v u /1800411 EASE 03/27/2009 04:05:37 PM Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1 111 AM6 FAVVIIINIM R, 1 II 1 t Reso. 11556 EASEMENT THIS EASEMENT, granted this day of u c:. r , 2009, by Gary L. and Phyllis J. Caffey, 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 616 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" 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 Y Grantor for said purposes. The Grantor reserves the right to use and occupy said roe for; ari u" ose _,P - _? P PAS' Y1? consistent 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 any building or any other structure 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, 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 �,� b r , 2009. GRANTORS: r"' BY aA 4 -1 r Gary Caffey fJ , y11is J Ea7 f COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of 2009 b Ga :L: and Phyllis J. Caffe Y rY Y Y Witness my hand and official seal. commission expires: S/ p/ '. An easement located in the west half of Lot 14, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 14. Said easement contains an.area of 675.0 sq ft.. jOVVTib G170G Vv/ /. ■ f--- v . .. Pa 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc III � M , 1 0 MIA 1111 �. Reso 11 556 'v EASEMENT THIS EASEMENT, granted this 7 714 day of MA 2009, by Michael W. and Patricia L. Taylor, 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 622 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" 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 Grantor for said purposes. The Grantor reserv t he right to use and occupy said property for any, purpose consistent with the right and privilege above granted and which will not interltere with or endanger any or 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 .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, 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. _A4 GRAN S: B - ' icha W. T ayl Patricia L. Taylor EASE 03/27/2009 04:05:37 PM s fir, Pa : 1 of 2 R 11.00 D 0.00 T 11.00 COUNTY OF V. ) Gilbert Ortiz Clerk /Recorder, Pueblo County, Co S �e I J& L V1 r 0 1cb ) ss. ® i Mil STATE F ill lI i t 11 � I� � 1 ® I 1111 O e - 7 The foregoing instrument was acknowledged before me this < t day of Ar c 6 , 2009 by Michael W. and Patricia L. Taylor. Witness my hand and, official seal. My commission expires: [ S E A L ] OFFICIAL_ SEAL. NOTARY PUBLIC STATE OF WEST VIRGINIA JOANNA TKACH 1034 S. GEORGE ST. CHARLES TOWN, WV 25414 CA 12/30/08 ��''"' �M `��\ My Commission expires July 17, 2016 An easement located in the west half of the north half of Lot 13, Blk. Z, W D B Land Company Sub. No. 4, according to the recorded I plat. thereof. The westerly 5.00 feet of said lot 13.