HomeMy WebLinkAbout11612RESOLUTION NO. 11612
A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS
AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY
LOCATED AT 550 ARDATH LANE, 632 ARDATH LANE AND
907 NEILSON AVENUE WITHIN PUEBLO, COLORADO
WHEREAS, the owners of real property located at 550 ARDATH LANE, 632
ARDATH LANE, 907 NEILSON AVENUE 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 on Ardath Lane and ADA
accessible curb ramps at the intersections of East 9 Street and Neilson Avenue.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SFOTinN 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: May 11, 2009
BY: Judy Weaver
} Councilperson
APPR D' } �-
PRESIDENTaf Cfty Council
L) 4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 10
DATE: MAY 11, 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 550 ARDATH LANE, 632
ARDATH LANE, AND 907 NEILSON AVENUE 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 and /or
sidewalk.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
These easements provide additional right of way to allow for the construction of
sidewalk on Ardath Lane and ADA accessible curb ramps at the intersection of East 9 t "
Street & Neilson Avenue.
FINANCIAL IMPACT
None.
Reso. 11612
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 3 day of 2009, by
Adam John and Judy Lynn 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
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 907 Neilson Ave. 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 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 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 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 3 day of / ✓ o(/W / - 1 2009.
"• . ,
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this : J day of
noyc V- nb-0 , 2009 by Adam John and Judy Lynn Garcia.
Witness my hand and official seal.
commission expires: G 1'
Notary Public
1824565 EASE 11/13/2009 03:50:52 PM
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1? $` Gilbert Ortiz Cierk!Recorder, Puebla County, Co
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1824565 EASE 11/13/2009 03:50:52 PM
Page: 2 of 2 R 11.00 0 0.00 T 11.00
Gilbert Ortiz Clerk /Recorder. Pueblo County. Cc
milliI�YIYia' 11 'If�Y.I LGh�,N�4r IW Iod h 11111
EXHIBIT "A"
An easement located at the southeast corner of Lot 26, Lonna Belle Sub, according to the recorded plat
thereof.
Beginning at the southeast corner of said Lot 26, said corner being the intersection of the north right of
way line of E. 9 Street and the west right of way line of Neilson Avenue, thence west along the north
right of way line of E. 9`" Street, a distance of 15.00 feet, thence northeasterly a distance of 15.58 feet to a
point on the west right of way line of Neilson Avenue, thence south along the west right of way line of
Neilson Avenue, a distance of 4.00 feet to the Point of Beginning.
Said easement contains an area of 30.00 sq.ft. f.
PEDESTRIAN
EASEMENT
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Reso. 11612
EASEMENT
THIS EASEMENT, granted this a ICI v day of NA bee , 2009, by Patricia
L. Davis and Raymond J. Ahles, 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 Grantors property situated in Pueblo County, Colorado, commonly
known as 550 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.
SIGNED this � day of J(' h ' 2009.
GR OS:/�
B �lr'" '
Patricia L Davis
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
O
/ The foregoing instrument was acknowledged before
2009 by Patricia L Davis and Raymond J Ahles.
Witness my hand and official seal.
[SEAL]
My commission
State of inloradi
My COMM Isslof I Expires
1824566 EASE 11/13/2009 03:50:52 PM
Page: 1 of 2 R 11.00 D 0.00 T 11.00
6i art Ortiz ClerURecorder, Pue610 County, Co
1111 WIMFOAHWIM16 PSI K1K191 I+Uli 11111
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me this R-1T— day of
EXHIBIT "A"
An easement located in the north 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.
PEDESTRIAN EASEMENT
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ARDATH LN
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EASDA -NT
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1824586 EASE 11/13/2009 03:50:52 PM
Page: 2 of 2 R 11.00 D 0.00 T 11.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
1111 W..6 WIFeIV14VC hI WIC KIW M#1 11111
Reso. 11612
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EASEMENT
THIS EASEMENT, granted this IU eh day of O oyean ber 2009, by Charles
and Edith C. Tapia, 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 632 Ardath Lane and described as follows:
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SEE ATTACHED EXHIBIT "A" -F
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TOGETHER WITH the right to enter upon said property for the purpose of construction, amp
maintenance, control and repair, and together with the right to use so much of the adjoining property of N �g�
Grantor for said purposes. The, Grantor reserves the right louse and occupy said property for any, purpose _ m; qX
consistent with the right and privilege above granted and which will not interfere with or endanger any of Mma
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 mom
upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures :'ooh
and other objects located on the easement interfering with the construction, maintenance, operation,
control or use of the easement for its intended purpose.
W V�
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the mw "
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. u
"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.
SIGNEDthis 10t dayof uvernbe 2009.
GRANTORS:
r
" r
BY
Charles J. Tapia Edith C. Tapia
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this /d day of
p oue m ber , 2009 by Charles J. and Edith C. Tapia.
Witness my hand and official seal.
commission expires: b ) 1 9 Ji O
[SECA
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Notary Public
1)4v 6 o7 6 xPire6' &hy /o
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EXHIBIT "A"
An easement located in Lot 12, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat
thereof.
The westerly 5.00 feet of said lot 12.
Said easement contains an area of 675.0 sq.ft. t.
PEDESTRIAN EASEMENT
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1824567 EASE 11/13/2009 03:50:52 PM
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Gi ert Ortiz ClerkfRecortler, Pueblo County, CD
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