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HomeMy WebLinkAbout11797RESOLUTION NO. 11797 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM THE OWNER OF REAL PROPERTY LOCATED AT 1311 NORTH SANTA FE AVENUE WITHIN PUEBLO, COLORADO WHEREAS, the owner of real property located at 1311 NORTH SANTA FE AVENUE has 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 a handicap curb ramp at the corner of Santa Fe Avenue and 14 Street. 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: January 25, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: GIB' Y CLERK L) 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # M -7 DATE: JANUARY 25, 2010 DEPARTMENT: PUBLIC WORKS DIRECTOR — EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM THE OWNER OF REAL PROPERTY LOCATED AT 1311 NORTH SANTA FE 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 a handicap curb ramp? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement will provide additional right of way to allow for the construction of a handicap curb ramp at the corner of Santa Fe Avenue and 14 Street. FINANCIAL IMPACT None. Reception 1831647 01/29/2010 2:56:16PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2 day of Nr� -hl ✓h b - rte 2607, by Douglas G. Hunter, Grantor, to PUEBLO, a Municipal Corporation, Grantee: DN 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 pedestrian traffic and HE utilities in through, over, under and across Grantor's property situated in Pueblo County, Colorado, a— commonly known as the 1311 N. Santa Fe Avenue and described as follows: (the Property). a SEE ATTACHED EXHIBIT "A" am 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 mi Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose mo a not inconsistent with the right and privilege above granted and which will not interfere with or endanger N o o any of Grantee's equipment of facilities therein or use thereof. Such reservation by the Grantor shall in mm d no event include the right to locate or erect or cause to be located or erected on the Property any building N�y y� or any other structure or manufactured or mobile home or trailer unit. mm. a NN� Grantor warrants to Grantee that Grantee (a) has good and sufficient right and title in and to the m `o 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. -�i4r, SIGNED this day of 4J nyt? (A h -e/- GRANTOR: - DouglasG.Hunter ��--- - -._ -. COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this q � day of 2009 5 Ab N.invem her 206 Douglas G. Hunter. Witness my hand and official seal.sa My commission expires: (S E A L) DPW 111 02/06/02 EXHIBIT "A" An easement located in the northwest comer Block in the N W 1 /4, S W I/4, S30- T20S -R64 W- according to the recorded plat thereof. Beginning at the northeast corner of a block in said section, said comer being the intersection of the south right of way line of E. 14 Street and the west right of way line of Santa Fe Avenue, thence west along the said south right of way line of E. 14 Street, a distance of 3.00 feet, thence southeasterly a distance of 4.25 feet to a point on the west right of way line of Santa Fe Avenue, thence north along the west right of way line of Santa Fe Avenue, a distance of 3.00 feet to the Point of Beginning. Said easement contains an area of 4.5 sq.ft. t. PEDESTRIAN EASEMENT 14TH ST POINT OF BEGGINING 3.00' 46.64' PROPERTY o A 2S, h V� EA.SEV ENT S, 1 v I ' I / W a SCALE: i" = 6' ,^ w U- v I J C J � J c � I