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HomeMy WebLinkAbout11767RESOLUTION NO. 11767 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 4840 THATCHER AVENUE WITHIN PUEBLO, COLORADO WHEREAS, the owners of real property located at 4840 THATCHER AVENUE have granted an easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way is 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 Easement granted, copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SFOTinN 9 The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: December 14, 2009 F-W Randy Thurston COUNCILPERSON APPR D' } �- PRESIDENTaf Cfty Council A77ESTED DY: CITY CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -13 DATE: DECEMBER 14, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM OWNERS OF REAL PROPERTY LOCATED AT 4840 THATCHER AVENUE WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept an easement and right of way for the purpose of providing additional right of way for construction of sidewalk? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement will provide additional right of way to allow for the construction of sidewalk on Ardath Lane. FINANCIAL IMPACT None. Reso. 11767 EASEMENT THIS EASEMENT, granted this day of 0 fr To F 2009, by Margaret L., Michael S., and Kimberly S. Diodosio, 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 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 4840 Thatcher Avenue and described as follows: EFE SEE ATTACHED EXHIBIT "A" � 0 TOGETHER WITH the right to enter upon said property for the purpose of construction, r� 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 "� 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 mma include the right to locate or erect or cause to be located or erected any building or any other structure mm 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, mm5 A 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 a H property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful w `o possession of the easement against all persons who may lawfully claim title to the property. mom m m� "Grantee" shall include the plural and the feminine. This easement shall run with the land, be Na binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED thi day of T3 2009. GRANTORS: _ M argaret L. Diodosio Michael S. Diodosio K erly S. Diodosio COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) _ The foregoing instrument was acknowledged before me this day of b ' 2009 by Margaret L., Michael S., and Kimberly S. Diodosio. � Witness my hand and official seal. �vly commission expires: „ Notary Public - , EXHIBIT "A" An easement located in the west half of Lot 20, Blk. 2, W D B Land Company Sub. No. 4, according to the recorded plat thereof. Beginning at the northwest corner of said lot 20, said corner being the intersection of the south right of way line of Thatcher Avenue and the east right of way line of Ardath Lane. Thence south along the easterly right of way line of Ardath Lane, a distance of 120.0 feet to the southwest corner of said lot 20. Thence easterly along the south property line of said lot 20, a distance of 5.0 feet. Thence northerly and parallel to the east right of way line of Ardath Avenue, a distance of 114.0 feet to a point. Thence northeasterly, a distance of 8.7 feet to a point on the south right of way line of Thatcher Avenue. Thence westerly along the south right of way line of Thatcher Avenue, a distance of 11.0 feet to the point of beginning. Said easement contains an area of 618.8 sq.ft. f. PEDESTRIAN EASEMENT -<i� N.T.S. I I I _ - J I I 2 — POINT OF BEGINNING , ARDATH LN - — ,20.0' ° < 114.0'± _ rY� ems. ffl i i z' — EASEMENT� 0' z I �I -11 Zvi �/ Z p fn 1 O 1 I I I 1828093 EASE 12/18/2009 04:11:19 PM Pan 2 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc II ■III Iri'i aY171P1rr�Il'I�ILVI �� NCI A MICw4 I+IJr:H 11111