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11744
RESOLUTION NO. 11744 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 2700, 2800 AND 2900 BLOCKS OF SOUTH PRAIRIE AVENUE WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property identified in Attachment "A" have granted easements and rights of way to the City of Pueblo; and WHEREAS, such easements and rights of way are necessary to install a pedestrian sidewalk and relocate utilities across those portions of the properties listed in Attachment "A" and legally described in separate easements attached hereto as Exhibits 1 through 9, and incorporated herein by referenced (hereinafter referenced to as the "Deed" or "Easement') BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements or Deeds granted, copies of which are attached hereto, having been approved as to from by the City Attorney, are herby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easements or Deeds to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. A77TSTDD SY: CITY CLERK INTRODUCED: November 9, 2009 BY: Judy Weaver COUNCILPERSON APPR D' 40, �- PRESIDENTai City Counrit Background Paper for Proposed RESOLUTION AGENDA ITEM # M -9 DATE: November 9, 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 IN THE 2700, 2800 AND 2900 BLOCKS OF SOUTH PRAIRIE AVENUE WITHIN PUEBLO, COLORADO ISSUE Should the City accept easements and rights of way from property owners for the purpose of providing additional right of way for construction of pedestrian sidewalks and relocating utilities. Approval of this Resolution I CA , [U'It" N11NOI The approval of the La Bella Piazza Subdivision and the construction of Lowe's within the subdivision required the developer to widen the Prairie Avenue from Avis Avenue to Granada Blvd to accommodate the increased traffic volumes generated by the development. The widening of the roadway necessitated the developer acquire additional property from private property owners along Prairie Avenue. The acceptance of the deeds and easements was necessary for the developer to construct required improvements. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action ATTACHMENT " A " EASEMENTS & RIGHTS OF WAY ADDRESS PROPERTY OWNER 2707 S. Prairie Avenue Larry & Sandara Ashcraft 2715 S. Prairie Avenue Blackford Investments 2727 S. Prairie Avenue WRB Trust& DLB Trust Lot 1 Vaughns Subdivision CCS Development Reception 1824558 11/13/2009 EASEMENT AND RIGHT OF WAY m THIS EASEMENT, granted this __ day of -44 z ,26%7 By Larry J. & Sandra K. Ashcraft, GRANTOR, to PUEBLO, a Municipal rporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good a valuable consideration. Paid by the GRANTEE, receipt of which is herby acknowledge, GRANTOR hereby grants to GRANTEE, it successors and assigns, an easement and right of way for the purpose of construction and maintenance of sidewalks, handicap ramps, curb returns, signs, street lighting and utilities in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, commonly known as, 2707 S. Prairie Avenue and described as follows: (the `Property") See Attachment TOGETHER WITH the right to enter upon the Property for the proposes 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 manufactured or mobile home or trailer unit. GRANTOR warrants to GRANTEE and 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 day of J U ;ZOO COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregpinginstrumer�t } as�a wledge before me this �cr r H�. f rQ IC �Sh Witness my hand and official seal. 7 My commission expires: 1 1'a • 0 9 (S E A L) by Notary Public Flatirons, Inc. 655 4` Street Longmont, CO 80501 Easement Description Sheet 1 of 2 An easement for the installation, maintenance of sidewalk and pedestrian ingress and egress over and across a portion of Parcel B, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Park Business Subdivision located in the Southeast Quarter of Section 15, Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, State of Colorado being more particularly described as follows: COMMENCING at the Northeast corner of said Parcel B, said corner being the intersection of the West R.O.W. line of South Prairie Avenue and the South R.O.W. line of Avis Avenue; thence South 89 °39'04" West along the North line of said Parcel and said South R.O.W. line a distance of 7.00 feet to the POINT OF BEGINNING; thence South 00 °20'56" East along a line parallel with and 40 feet westerly of the centerline of South Prairie Avenue a distance of 103.86 feet to a point on the South line of said parcel, said point also being on the North line of Parcel C, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Park Business Subdivision; thence South 86 °38'39" West along the South line of said Parcel and the North line of said Parcel C a distance of 3.00 feet; thence North 00 °20'56" West along a line parallel with and 43' westerly of said centerline a distance of 104.02 feet to a point on the North line of said Parcel, said point being on said South R.O.W. line; thence North 89 °34'04" East along said North line and said South R.O.W. line a distance of 3.00 feet to the POINT OF BEGINNING. Containing: 312 square feet (0.01 acres) more or less. I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge qn�, eaccurate to the best of my knowledge, information and belief. 28283 S -iS C7 Robert A. Rickard " „ ", - -ate Colorado P.L.S. #28283 FSI Job No. 06- 46,403 For and on behalf of Flatirons, Inc. 18 EASE 11/13/2009 03:40:21 PM Cl lber t 2 o'tim Clerk Recoder, Pueblo County, Co ■111�w�ri��i si ,��►i�a�r14TWiCKWIM4®1111 Phone (303)776 -1733 www.flatsurv.com Fax: (303)776 -4355 EXHIBIT 99 OF A SIDEWALK EASEMENT OVER AND ACROSS A PORTION OF PARCEL B, REARRANGEMENT OF PROPERTY BOUNDARIES, LOTS 3,4 AND 5, BLOCK I SOUTH BUSINESS PARK SUBDIVISION, LOCATED IN THE SE 1/4 OF SECTION 15, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 AVIS AVENUE POINT OF BEGINNING N89'39'04 "E POINT OF 3.00 COMMENCEMENT 589'39'04 "W EXISTING 10' UTILITY EASEMENT I I 700• 312 SO. FT R MORE OR LESS o t I H f lQ PARCEL B, I 'rn REARRANGEMENT OF PROPERTY BOUNDARIES LOTS 3, 4, AND 5, BLOCK 1, SI I'^ Y SOUTH PARK BUSINESS o o SUBDIVISION of Im a t�l C S86'38'39 "W 3' SIDEWALK 3.00' EASEMENT g0.00' PARCEL C. REARRANGEMENT OF PROPERTY BOUNDARIES LOTS 3, 4, AND 5, BLOCK 1, SOUTH PARK BUSINESS SUBDIVISION EXISTING 10' UTILITY EASEMENT GRAPHIC SCALE 40 0 20 40 ( IN FEET ) i inch = 40 ft. Flatirons, Inc. - THIS IS NOT A "LAND SURVEY PLAT" OR IMPROVEMENT SURVEY 3825 IRIS AVENUE, #100 PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF BOULDER, CO 80301 TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS PH: (303) 443 -7001 INTENDED TO DEPICT THE ACCOMPANYING PARCEL FAX: (303) 443 -9830 DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED Established 7983 ON INFORMATION PROVIDED BY CLIENT. U t g N 1 O�L amm� m� mm mo U� Nm�y W vum� N OIa acs® FSI JOB NO. 06- 46,403 DRAWN BY: R. SLAGLE DATE: MAY 09, 2007 Surveying & Engineering 655 FOURTH AVENUE LONGMONT, CO 80501 PH: (303) 776 -1733 (o FAX: (303) 776 -4355 www.fictsurv.com Reception 1824558 11/13/2009 Reso. 11744 EXHIBIT 2 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this (.0 day of A US 1 I 2001 by Blackford Investments, LLC, a Colorado Corporation, GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good a valuable consideration. Paid by the GRANTEE, receipt of which is herby acknowledge, GRANTOR hereby grants to GRANTEE, it successors and assigns, an easement and right of way for the purpose of construction and maintenance of sidewalks, handicap ramps, curb returns, signs, street lighting and utilities in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, commonly known as 2715 S. Prairie Avenue and described as follows: (the "Property") See Attachment TOGETHER WITH the right to enter upon the Property for the proposes 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 GRANTEE and 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 (p day of Au 200 GRANTOR By oti.,c — Q1,4 r COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was ackl hand and official seal. before me RU% t1 4 ', 2 ion expires: 4 jat'o 10 of n. �� �Je �• Q 18 EASE 11/13/2009 03:40:21 PM \!,5'•zgrE •Q F••G ©`O''• Gilbe O r�tiz 3 Cle l rk Pueblo 'I 11 .. C Co �4 ................•• 1111 111 YI \I,I INZ14T -I I�I- IMIClAll W 11111 Flatirons, Inc. 655 4` Street Longmont, CO 80501 Easement Description Sheet 1 of 2 An easement for the installation, maintenance of sidewalk and pedestrian ingress and egress over and across a portion of Parcel C, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Park Business Subdivision located in the Southeast Quarter of Section 15, Township 21 South, Range 65 West of the 6` P.M., County of Pueblo, State of Colorado being more particularly described as follows: COMMENCING at the Northeast corner of said Parcel C, said corner being the Southeast corner of Parcel B, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Park Business Subdivision; thence South 86 °38'39" West along the North line of said Parcel and the South line of said Parcel B a distance of 7.01 feet to the POINT OF BEGINNING; thence South 00 °20'56" East along a line that is parallel with and 40 feet westerly of the centerline of South Prairie Avenue a distance of 84.98 feet to a point on the South line of said Parcel, said point being on the North line of Parcel No. 1515400001; thence South 59 °35'29" West along the South line of said parcel and the North line of said Parcel No. 1515400001 a distance of 3.47 feet; thence North 00 °20'56" West along a line that is parallel with and 43 feet westerly of said centerline a distance of 86.56 feet to a point on the North line of said Parcel, said point being on the South line of said Parcel B; thence North 86 °38'39" East along said North line and said South line a distance of 3.00 feet to the POINT OF BEGINNING. Containing: 257 square feet (0.01 acres) more or less I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 28283 ate 1 o, q Robert A. Colorado P.L.S. #28283 "°e a: d2 rs /o�AC, A9N3 A FSI Job No. 06- 46,403 For and on behalf of Flatirons, Inc. 1824558 EASE 11/13/2009 03:40:21 PM Page: 5 of 12 R 61.00 D 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®iiiK1711i+r<� 6 WUNIHTWICIONIN 11111 Phone (303)776 -1733 www.ftatsurv.coni Fax: (303)776 -4355 EXHIBIT "A" OF A SIDEWALK EASEMENT OVER AND ACROSS A PORTION OF PARCEL C, REARRANGEMENT OF PROPERTY BOUNDARIES, LOTS 3, 4 AND 5, BLOCK 1 SOUTH BUSINESS PARK SUBDIVISION, LOCATED IN THE SE 1/4 OF SECTION 15, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 PARCEL B, REARRANGEMENT OF PROPERTY BOUNDARIES LOTS 3, 4, A 5, BLOCK 1, SOUTH PARK BUSINESS SUBDIVISION 3' SIDEWALK — I -- EASEMENT N86'38'39 "9 1 POINT OF 3.00' COMMENCEMENT ?1 1 586'38'39 "W 7.01' POINT OF 257 SO, FT OR I I BEGINNING 0.01 ACRES MORE OR LESS i u , ° o I ° o C o REARRANGEMENT OF PA PROPERTY BOUNDARIES ml lm LOTS 3, 4, AND 5, BLOCK 1, EI IA SOUTH PARK BUSINESS m l SUBDIVISION P' N b m I m EXISTING 10' UTILITY EASEMENT / / 5E� 559 3.47' "W 3.4T Q � I mo_' 3E ASEMENT 40.00' UNPLATTED PARCEL NO. 1515400001 EXISTING 10' MOUNTAIN STATES TELEPHONE & TELEGRAPH EASEMENT GRAPHIC SCALE 40 0 20 40 ( IN FEET ) 1 inch = 40 ft. THIS IS NOT A "LAND SURVEY PLAT" OR IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. O 3 H x ro a [7 a z z c 3E 01 u cm «� a �a� 00 :m N �U -a Vol & m m - e ma `m. Nm0 og M"m w 1pK N Y� NFU N� MID i acs FSI JOB NO. 06- 46,403 DRAWN BY: R. SLAGLE DATE: MAY 09, 2007 Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVENUE, #100 655 FOUR 7H AVENUE (10 BOULDER, CO 80301 LONCMON7; CO 80501 PH: (303) 443- 7001 PH: (303) 776 -1733 FAX: (303) 443 -9830 FAX: (303) 776 -4355 Established 1983 www.flotsurv.com Reso. 11744 EASEMENT AND RIGHT OF WAY EXHIBIT 3 THIS EASEMENT, granted this I � day of J U M 6 � U 6 7 by WRB Trust & DLB Trust, GRANTOR'S, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good a valuable consideration. Paid by the GRANTEE, receipt of which is herby acknowledge, GRANTOR(S) hereby grants to GRANTEE, it successors and assigns, an easement and right of way for the purpose of construction and maintenance of sidewalks, handicap ramps, curb returns, signs, street lighting and utilities in, through, over, under and across GRANTOR(S) property situated in Pueblo County, Colorado, commonly known as 2727 S. Prairie Avenue and described as follows: (the "Property") See Attachment TOGETHER WITH the right to enter upon the Property for the proposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR(S) for said purposes. The GRANTOR(S) 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(S) 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(S) warrants to GRANTEE and GRANTOR(S) the they own fee simple 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(S) and GRANTEE. SIGNED this I i N day of JyN , .2D 0'1 GRANTOR(S) By (nJ B 7C'G1 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledge before me this I'qM day of 4. A� aL by Walter R. Berry as Trustee of the WRB Trust and by Eric L. Berry, trustee of th DLB Trust. Witness my hand and official seal. My commission expires: 0®r /2 (S E A L) 18 EASE 11/13/2009 03:40:21 PM G flbert Clerak /Record e, Pueblo Coun Co 1111 K1 INJ m�,< 11111 Flatirons, Inc. 6554 1h Street Longmont, CO 80501 Easement Description Sheet 1 of 2 An easement for the installation, maintenance of sidewalk and pedestrian ingress and egress over and across a portion of Parcel ID 41515400001 located in the Southeast Quarter of Section 15, Township 21 South, Range 65 West of the 6 P.M., County of Pueblo, State of Colorado being more particularly described as follows: COMMENCING at the Northeast corner of said Parcel, said corner being the Southeast corner of Parcel C, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Park Business Subdivision; thence South 59 °35'29" West along the North line of said Parcel and the South line of said Parcel C a distance of 8.09 feet to the POINT OF BEGINNING; thence South 00 °20'56" East along a line parallel with and 40 feet westerly of the centerline of South Prairie Avenue a distance of 209.34 feet to a point on the proposed R.O.W.; thence South 59 °39' 19" West along said proposed R.O.W. a distance of 3.46 feet; thence North 00 °20'56" West along a line parallel with and 43' westerly of said centerline a distance of 209.33 feet to a point on the North line of said Parcel, said point being on the South line of said Parcel C; thence North 59 0 35 1 29" East along the North line of said Parcel and the South line of said Parcel C a distance of 3.47 feet to the POINT OF BEGINNING. Containing: 628 square feet (0.01 acres) more or less. I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 28283 / Robert A. Rickard "svd ° s /Oyy� ��NO s� Date Colorado P.L.S. 428283 °d° °aaaaaaaaaa.e+ "' FSI Job No. 06- 46,403 For and on behalf of Flatirons, Inc. 1824558 EASE 11/1312009 03:40:21 PM Page: 8 of 12 R 61.00 0 0.00 T 61.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc ®III M1 MYiNVOTW410,GN1Mh 11111 Phone (303)776 -1733 www.Jlat.vur .com Fax: (303)776 -4355 EXHIBIT "A" OF A SIDEWALK EASEMENT OVER AND ACROSS A PORTION OF PARCEL 1515400001, LOCATED IN THE SE 1/4 OF SECTION 15, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 3' SIDEWALK —►ice- POINT OF EASEMENT 1 COMMENCENE PARCEL C, N59'35'29 "E REARRANGEMENT OF PROPERTY BOUNDARIES 3,47 LOTS 3, 4, AND 5, BLOCK 1, / S59'35'29 "W SOUTH PARK BUSINESS / tJj 8.09 SUBDIVISION POINT OF E G � P\ � P G � � I,6 S�N G UNPLATTED o 0 PARCEL NO. 1515400001 w I I o d II x II � Ii 0 EXISTING 10 . MOUNTAIN STATES I I TELEPHONE & TELEGRAPH EASEMENT I I \ PROPOSED R.O.W. & oUl &v GRAPHIC SCALE 40 20 40 ( IN FEET ) 1 inch = 40 ft. THIS IS NOT A "LAND SURVEY PLAT" OR IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS, RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. CITY OF PUEI BOOK 179 PAGE 939 -MIR EFE o U m T� �UL N mBa m Nm o 0 NFU Q N O� o au FSI JOB NO. 06- 46,403 DRAWN BY: R. SLAGLE DATE: MAY 09, 2007 Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVENUE, JfIGO 655 FOURTH AVENUE BOULDER, CO 80301 LONGMONT, CO 80501 PH: (303) 443 -7001 PH: (303) 776 -1733 FAX: (303) 443 -9830 FAX: (303) 776 -4355 Established ]983 www.(latsurv.com BEGINNING I I II I II I 628 S0. FT OR 0.0 MORE OR LESS z z °III > � NIIN W UNPLATTED o 0 PARCEL NO. 1515400001 w I I o d II x II � Ii 0 EXISTING 10 . MOUNTAIN STATES I I TELEPHONE & TELEGRAPH EASEMENT I I \ PROPOSED R.O.W. & oUl &v GRAPHIC SCALE 40 20 40 ( IN FEET ) 1 inch = 40 ft. THIS IS NOT A "LAND SURVEY PLAT" OR IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS, RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. CITY OF PUEI BOOK 179 PAGE 939 -MIR EFE o U m T� �UL N mBa m Nm o 0 NFU Q N O� o au FSI JOB NO. 06- 46,403 DRAWN BY: R. SLAGLE DATE: MAY 09, 2007 Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVENUE, JfIGO 655 FOURTH AVENUE BOULDER, CO 80301 LONGMONT, CO 80501 PH: (303) 443 -7001 PH: (303) 776 -1733 FAX: (303) 443 -9830 FAX: (303) 776 -4355 Established ]983 www.(latsurv.com 1824558 EASE 11/13/2009 03:40:21 PM Rego. 11744 Page: 10 of 12 R 61.00 D 0.00 T 61.00 Gi lbe W rt Ortiz p Cle ` rk � //Re P Co Ca ®u� 111 �IR11i�11Y RI Y,� u� EXHTBIT SIDEWALK EASEMENT THIS EASEMENT, granted this L � day of by CCS Development, LLC, a California Limited Liability Corpora ion, of Santa Barbara, California, GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good a valuable consideration. Paid by the GRANTEE, receipt of which is herby acknowledge, GRANTOR hereby grants to GRANTEE, it successors and assigns, a non - exclusive easement and right of way for the purpose of construction and maintenance of sidewalks, handicap ramps, curb returns, signs, street lighting and utilities in, through, over, under and across a part of GRANTOR'S property situated in Pueblo County, Colorado, commonly known as, Lot 1, Vaughn's Subdivision and described as follows: (the "Property "), subject to all matters of record. See Attachment TOGETHER WITH the right to enter upon the Property for the proposes of construction, replacement, maintenance, control, and repair. 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. "GRANTEE" agrees to repair and restore any damage caused by GRANTEE to the property and GRANTOR'S adjacent property with respect to the initial construction of improvements. "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 q A D RM 6-E COUNTY OF Sf+i+*-8*"7VM STATE OF CALIFORNIA day of A m,,.� , 1 2-00 - 7 . ss. GRANTOR: CCS Development, L By CRAl6 A ooVfR NA11 6106E GEUERAL PAR70CP The foregoin instrument was acknowledge before me this day of /7/cs /� �by C �t2r of CCS Development, LLC, a California Limited Liability Corporation. Witness my hand and official seal. My commission expires: / ZA — / (SEAL) ALEX D. MARTIN COMM.# 1725175 NOTARY PUBUC•CAnFORRIA N ORANGE COUNTY Mr COMM. EXP. FEB. 12, 2011 " N t y Public Flatirons, Inc. 655 4 ' Street Longmont, CO 80501 Easement Description Sheet 1 of 2 An easement for the installation, maintenance of sidewalk and pedestrian ingress and egress over and across a portion of Lot 1, VAUGHN'S SUBDIVISION located in the Southwest Quarter of Section 14, Township 21 South, Range 65 West of the 6' P.M., County of Pueblo, State of Colorado being more particularly described as follows: BEGINNING at the Northwest corner of said Lot 1; thence North 89 °02'48" East along the North line of said Lot 1 a distance of 3.00 feet; thence South 00 °20'56" East a distance of 101.26 feet to a point on the proposed R.O.W.; thence North 30 °30'37" West along said R.O. W a distance of 5.97 feet to a point on the West line of said Lot 1; thence North 00 °20'56" West along the West line of said Lot 1 a distance of 96.07 feet to the POINT OF BEGINNING. Containing: 296 square feet (0.01 acres) more or less. I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. Robert A. Rickard ° Date Colorado P.L.S. #28283 °�,,ss /pyqZ , `l ab No. 06- 46,403 For and on behalf of Flatirons, SIHUOWI` 1824558 EASE 11/13/2009 03:40:21 PM Page: 11 of 12 R 61.00 D 0.00 T 61.00 Gilbert Ortiz ClerklRecorder, Pueblo County, Co 1111 K MKAAW NW, M V1W.14th 11111 Phone (303)776 -1733 wwwflatsurv.com Fax: (303)776 -4355 EXHIBIT "A" OF A SIDEWALK EASEMENT OVER AND ACROSS A PORTION OF LOT 1, VAUGHN'S SUBDIVISION, LOCATED IN THE SW 1/4 OF SECTION 14, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 3' SIDEWALK I EASEMENT UTILITY LOT 4, BLOCK 1, POINT OF I EASEMENT EDEN SUBDIVISION BEGINNING N89'02'48 "E _ _ _ _ 10' TELEPHONE EASEMENT_ _ _ _ _ _ _ 3.00' EXISTING 296 SO. FT OR - I I 25' INGRESS/EGRESS, AND DRAINAGE EASEMENT — — 0.01 ACRES — I"r — — / 7 MORE OR LESS SIN IRIGHT oil OF WAY EASEMENT / REC. N0. 1670193 CC O oo I x .b ml to of Im UTILITY EASEMENT I LOT 1, VAUGHN'S C�J I I SUBDIVISION Y I N30'30'37 "W C 5.97' z c \ �' \ PROPOSED \ \ \ I \ \ I \ 3O. \ \ \ � OR9 /i✓9a fr \ \ 3 f\f f qN S nN � ofs4gy\�C O N'9'eR �'LO \ MF fgSFMfNT BQ Ui41p \\ ` GRAPHIC SCALE 40 0 20 40 ( IN FEET ) 1 inch = 40 ft. THIS IS NOT A "LAND SURVEY PLAT OR IMPROVEMENT SURVEY PLAT" AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT IS INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT. EFE w0- IfI � py`m� acs® FSI JOB NO. 06- 46,403 DRAWN BY: D. YINGLING DATE: JANUARY 3, 2007 REV: MAR. 12, 2007 NBV REV: MAY 01, 2007 RWS Flatirons, Inc. - Surveying & Engineering 3825 IRIS AVENUE, ,4100 655 FOURTH AVENUE BOULDER, CO 80301 LONGMONT, CO 80501 PH: (303) 443 -7001 PH. (303) 775 -1733 FAX: (303) 443 -9830 FAX: (303) 776 -4355 Established 1983 www.flatsurv.com