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HomeMy WebLinkAbout11629RESOLUTION NO. 11629 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 516 ARDATH LANE, 524 ARDATH LANE, 531 ARDATH LANE, AND 624 ARDATH LANE WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property located at 516 ARDATH LANE, 524 ARDATH LANE, 531 ARDATH LANE, & 624 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 on 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. INTRODUCED: June 8. 2009 By: Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77ESTED DY: CITY CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: JUNE 8, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 516 ARDATH LANE, 524 ARDATH LANE, 531 ARDATH LANE, AND 624 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 ADA access curb ramps and /or sidewalk? Approval of this Resolution. BACKGROUND These easements provide additional right of way to allow for the construction of sidewalk on Ardath Lane. FINANCIAL IMPACT None. Reso. 11629 EASEMENT THIS EASEMENT, granted this 7 ` day of /A & , Y 1 2009, by Gloria M Spinuzzi, Grantor, to Pueblo, a Municipal corporation, Grantees WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, a five foot easement for the purpose of pedestrian traffic and utilities, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 542 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of -� Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose g± consistent with the right and privilege above granted and which will not interfeic with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event am;$ N� include the right to locate or erect or cause to be located or erected any building or any other structure 0 upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures i � and other objects located on the easement interfering with the construction, maintenance, operation, m� control or use of the easement for its intended purpose. m0a mom Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the m° df property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful ZA possession of the easement against all persons who may lawfully claim title to the property. orc W u "Grantee" shall include the plural and the feminine. This easement shall run with the land, be W o� binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. a v m ot°_ _ SIGNED this day of /✓lay 2009. MON GRANTOR:: BY i(/.Gf , � 24 is , Gloria M Spinuzzi COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 7" day of Zjeo- j , 2009 by Gloria M Spinuzzi. tness my hand and official seal. commission expires: oz //3 1.2a /3 Notary Public EXHIBIT "A" An easement located in Lot 18, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 18. Said easement contains an area of 675.0 sq.ft. f. PEDESTRIAN EASEMENT 1U S. ARDATH LN PRJFERTY - "'" - -� - -- 1808419 EASE 06/10/2009 03:32:58 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill hAITIN IWIV1+,Wi6h VW%NI,*t01111111 . -$-INEVT 1808419 EASE 06/10/2009 03:32:58 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill hAITIN IWIV1+,Wi6h VW%NI,*t01111111 Reso. 11629 EASEMENT THIS EASEMENT, granted this ( 0+ day of I Y f 2009, by Luke J Wodiuk, Grantor, to Pueblo, a Municipal corporation, Grante 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 516 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 I A day of MN 2009. G Tod BY Luke J COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2 day of 2009 by Luke J Wodiuk. Witness my hand and official seal. ^..• "' �� <�' , My commission expires: 41 2.t0 f a01 a. . Notary Public Y..'•.,. 1808420 EASE 06/10/2009 03:32:58 PM Page: lbrt Orriz2C1erk1Reco d 0.00 P u e blo 11. unty Co z EXHIBIT "A" An casement located in the south 50.0 feet of the north 85.0 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 250.0 sq.ft. +. PEDESTRIAN EASEMENT 2 ARDATH LN 1 5 C E A C M E k T V L 1808420 EASE 06/10/2009 03:32:58 PM Page: 2 of 2 R 11-00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County. Co 1111 K6 11111 Reso. 11629 EASEMENT THIS EASEMENT, granted this 1 day of jw , 2009, by Joe B. and Betty D. Buck, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: B 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 531 Ardath Lane and described as follows: SEE ATTACHED EXHIBIT "A" — TOGETHER WITH the right to enter upon said property for the purpose of construction, ark 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 r Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event am include the right to locate or erect or cause to be located or erected any building or any other structure Ned 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 �a control or use of the easement for its intended purpose. m m mov� m a_ Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the :a �; m�d— property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful p possession of the easement against all persons who may lawfully claim title to the property. o "Grantee" shall include the plural and the feminine. This easement shall run with the land, be a o L binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. mA_® SIGNED this dayof Jet 2009. n° GRANTO S: BY Joe B. Buck B elfty D. Buck COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this _� day of J wht , 2009 by Joe B. and Betty D. Buck. " 'U/�� = n(( r Witness my hand and official seal. commission expires: 1 4.1ug 1201 - Notary Public EXHIBIT "A" An easement located in the east half of Lot 4, Blk. 3, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The easterly 5.00 feet of said lot 4. Said easement contains an area of 675.0 sq.ft. t. PEDESTRIAN EASEMENT N.T.S. PROPERT ARDATH LN - 180 EASE 06/10/2009 03:32:58 PM G al6ert 2 Or�tiz Cle k/Reco0rder, Pueblo l Counnty Cc 1111 F M,WI',RIi2,,'Ii Y,N4 �G�I dr4f Nhf+4ltiV EASEMENT C 1 O J PROPERT ARDATH LN - 180 EASE 06/10/2009 03:32:58 PM G al6ert 2 Or�tiz Cle k/Reco0rder, Pueblo l Counnty Cc 1111 F M,WI',RIi2,,'Ii Y,N4 �G�I dr4f Nhf+4ltiV Reso. 11629 f1 EASEMENT THIS EASEMENT, granted this Ls f- day of 7 2009, by Deborah J. Duran, 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 624 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 2009. GRANTOR // BY Deborah J. Duran COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) it The foregoing instrument was acknowledged before me this day of f w n ti 2009 by Deborah J. Duran. Witness my hand and official seal. [SEAL] CA 12/30/08 d' Notary Pfiblic 1808422 EnSE 06/10/2009 03:32:58 PM Page: 1 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz ClerklRecorder, Pueblo County Co ®III Ph IT N 111r% ily W WAYldV I1 ®I 111 EXHIBIT "A" An easement located in the south half of Lot 13, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. The westerly 5.00 feet of said lot 13. Said easement contains an area of 337.5 sq.ft. f. PEDESTRIAN EASEMENT IC I I ARDATH LN FCFE7 Y F. Sr MENi j 1808422 EASE 06/10/2009 03:32:58 PM Pa ge: 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 J'P' lijg,lW jWj4'N J0V. o�lWt GMa,WI�J�'Y,IN " 1 ®1111