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HomeMy WebLinkAbout12400RESOLUTION NO. 12400 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT-OF-WAY FROM THE OWNER OF REAL PROPERTY LOCATED AT SANTA FE AVENUE thth BETWEEN 12 STREET AND 13 STREET WITHIN PUEBLO, COLORADO th WHEREAS, the owner of real property located at Santa Fe Avenue between 12 th Street and 13 Street, 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 southwest corner th of Santa Fe Avenue and 13 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. SECTION 2. The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: May 14, 2012 BY: Sandy Daff COUNCIL PERSON Background Paper for Proposed RESOLUTION AGENDA ITEM # M-11 DATE: MAY 14, 2012 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 SANTA FE AVENUE thth BETWEEN 12 STREET AND 13 STREET 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 th handicap curb ramp at the southwest corner of Santa Fe Avenue and 13 Street. FINANCIAL IMPACT None. Reception 1907819 05/18/2012 01:13:38 PM EASEMENT (City is Grantee) 1 THIS EASEMENT, granted this C day of A p r \ , 2012, by William I. Vidmar, 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, across Grantor's property situated in Pueblo County, Colorado, and described as follows: SEE ATTACHED EXHIBIT "A" TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of 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 include the right to locate or erect or cause to be located or erected any building or any other structure 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, 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 property and full power to grant this easement, and (b) will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee" shall include the plural and the feminine. This easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of A ip c , \ , 2012. Grantor: William I. Vidmar B._- --,,, A 4_,..t2: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of Apr i I , 2012 by Wit Ilan Vctvu.r • Witness my hand and official seal. ' expires: 13 . aI �� t ° ... 6 1» SEAL r '. ,, V(M" Notary Public ' - ; 7 ,, .11E ?- ,.."02, Q' � /iiq C o�-' EXHIBIT "A" An easement located in a parcel all west of Santa Fe Avenue, between 12 Street & 13 Street in the NW ''A, SW to of Section 30, Township 20, Range 64, according to the records of the Pueblo County Assessor. Commencing at the northeast corner of Lot 6, Block 6, County Addition, said corner being on the south right of way line of W 13 Street, thence east along the south right of way line of W 13 Street a distance of 46.70 feet to the true point of beginning, said corner being the intersection of the south right of way line of W. 13 Street and the west right of way line of Santa Fe Avenue, thence west along the south right of way line of E. 13 Street, a distance of 7.00 feet, thence southeasterly a distance of 8.60 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 5.00 feet to the Point of Beginning. Said easement contains an area of 17.50 sq.ft. ±. PEDESTRIAN EASEMENT W 1 3TH ST POINT OF COMMENCEMENT POINT OF BEGINNING EAS r ___ 73.3' 46.r e sp t o? n LOT 6 ADDf7ESS I -t n BLK 6 .ct W W - -- I I LL. I UD Z LOT 5 1 N I CO 0 J I I N.T.S. CA 12/30/08