HomeMy WebLinkAbout12487 RESOLUTION NO. 12487
A RESOLUTION ACCEPTING CONVEYANCE OF AN
EASEMENT AND RIGHT -OF -WAY FROM THE OWNER OF
REAL PROPERTY LOCATED AT 6 STREET AND
ELIZABETH STREET WITHIN PUEBLO, COLORADO
WHEREAS, the owner of real property located at 6 Street and Elizabeth 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 southeast corner
of 6 Street and Elizabeth 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: SEPTEMBER 10, 2012
BY: Chris Nicoll
COUNCILP RS
APPROVED:
PRE ' ENT o F CITY COUNCIL
ATTESTED BY: ■Pst.;„..c.
CITY CLERK
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # M-7
DATE: SEPTEMBER 10, 2012
DEPARTMENT:
PUBLIC WORKS
DIRECTOR – EARL WILKINSON, P.E.
TITLE
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT-OF-
TH
WAY FROM THE OWNER OF REAL PROPERTY LOCATED AT 6 STREET AND
ELIZABETH 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 southeast corner of 6 Street and Elizabeth Street.
FINANCIAL IMPACT
None.
Reception 1944589
05/31/2013
re: Resolution12487
EASEMENT
(City is Grantee)
THIS EASEMENT, granted this (� I S+ day of M ail , 2013, by James Fulton
and Steven Fulton, 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 3
Grantee, its successors and assigns, a pedestrian easement in, through, over, under and across Grantor's -�
property situated in Pueblo County, Colorado, and described as follows: am � '.
SEE ATTACHED EXHIBIT "A" -�0�
N
.. m �
7
TOGETHER WITH the right to enter upon said property for the purpose of construction, G 's;
maintenance, control and repair, and together with the right to use so much of the adjoining property of r i 01 A
Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose Nm 1
consistent with the right and privilege above granted and which will not interfere with or endanger any of rov,�:g
Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event mce m-
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 w cM
objects located on the easement interfering with the construction, maintenance, operation, control or use of c,.. l
the easement for its intended purpose. a •• m _ n o
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 S day of Ma., 201 2 ) .
Grantor: Jame ulton; Steven Fulton
By .-
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this I day of M I ,
2013 by)ctme5 ROO() ou'ld S'4•VexTA - byTh
,' `t } ti ,,,,, , � W itness my hand and official seal.
$.
...4. mission expires: Q \3111 1 .
T _ c
,� 0B L`
A (,. e % C ; Notary Public
ice. • . �, � :
9
(R'I2h3Oft
EXHIBIT "A"
An easement located in the northwest corner of lot 8, block 10, State Addition, according to the records of the
Pueblo County Assessor.
Beginning at the northwest corner of Lot 8, Block 10, State Addition, said corner being on the south right of
way line of 6th Street and the east right of way line of Elizabeth Street, thence east along the south right of
way line of 6 Street, a distance of 4.00 feet, thence southwesterly a distance of 5.66 feet to a point on the east
right of way line of Elizabeth Street, thence north along the east right of way line of Elizabeth Street, a
distance of 4.00 feet to the Point of Beginning.
Said easement contains an area of 8.00 sq.ft. ±.
PEDESTRIAN EASEMENT
W 6TH ST
POINT OF BEGINNING
(P06
4.0'
44.0 PROPERTY
n EASEMENT
NTS.
LOT 8
iV l �
N n
J � Q
W
l I O
i o �
Q
° Y
m
CA 12/30/08