HomeMy WebLinkAbout11768RESOLUTION NO. 11768
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY
FROM THE PROPERTY OWNER AT 201 SOUTH MAIN STREET
WITHIN PUEBLO, COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement, included as Attachment 1, having been approved as to form by the City
Attorney, is 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: December 14, 2009
Randy Thurston
COUNCILPERSON
APPR D' 40, �-
PkEglDENTof City Counrit
A77TSTED DY:
CITY CLEIRK
4
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M -14
DATE: December 14, 2009
DEPARTMENT: PUBLIC WORKS
EARL WILKINSON, P.E.
TITLE
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM THE
PROPERTY OWNER AT 201 SOUTH MAIN STREET WITHIN PUEBLO, COLORADO
ISSUE
Should the City of Pueblo approve a resolution that accepts an easement and right of way within
the City.
RECOMMENDATION
Approval of the Resolution
BACKGROUND
The attached easement and right of way is necessary to allow for the re- construction of the traffic
signal at the intersection of Main Street and D Street.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
Reso. 11768
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of Rewl h�( a6.pq._ by
Double J Markets Inc., 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 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 a traffic signal,
sidewalk and utilities in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as 201 South Main Street and described as follows: (the "Property")
See attached Exhibit "A"
TOGETHER WITH the right to enter upon the Property for the purposes 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 that 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 "A.4%, — ;)a 6Q-
Double J Market; 3 Inc.
0
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
Title:
r
The foregoing instrument was acknowledged before l e this I day of DE! t , ,
aGgf lora ,by JvC Cam. t a� , 6ts Fres otrlf of c S.►�tavk {
a Co-Fs,lnc.
do COr porek r
Witness my hand and official seal.
•My,commission expires: u (; `aC)l
AL
Notary Public
1828094 EASE 12/18/2009 04:11:19 PM
g 4 9�i(�6�02 of Page: 1 of 2 R 11.00 D 0.00 T 11.00
Gilbert Ortiz ClerklRecorder, Pueblo County. Co
EXHIBIT "A"
EASEMENT & ROW FOR TRAFFIC SIGNAL,
SIDEWALK AND UTILITIES
Double J Markets Inc.
201 S. Main Street
Lots 17 to 22, Blk 39 South
Pueblo Subdivsion
An easement and right —of —way for the purpose of installing a traffic
signal pole and its associated equipment and for pedestrian access across
being more particularly described as follows:
BEGINNING at the
east corner
of
Lot 22,
Subdivision, thence
NW along
NE
lot line
thence south a distance of 11.10',
more
right —fo —way line
of South Main
Street,
point of beginning
containing
32
sq.ft.
Block 39, South Pueblo
a distance of 8.00' to a point,
or less, to a point on the NW
thence a distance of 8.00' NE to
IT - 1
South Pueblo Sub. I I II
Lot 22, Block 39 1 II
Property Line
II
A 8OOl I II I
a.00' I I I I I
_ I D in t a� 1/ /
—� - -- —
t BeginninR�
I I
1 I
- --I-
- L--- --L - --
S. MAIN ST
U)
1828094 EASE 12/18/2009 04:11:19 PM
Pagge: 2 of 2 R 11.00 0 0.00 T 11.00
Gi l6ert Ortiz Clerk /Recorder, Pueblo County, Cc
®III FIF74 JAW10AIRU NW IFRIM11 W1114 11111