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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