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HomeMy WebLinkAbout12709RESOLUTION NO. 12709 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT-OF-WAY FROM THE OWNER OF TH REAL PROPERTY LOCATED AT WEST 6 STREET AND MIDTOWN CIRCLE WITHIN PUEBLO, COLORADO th WHEREAS, the owner of real property located at West 6Street and Midtown Circle 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 West 6 Street and Midtown Circle. 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: June 24, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION AGENDA ITEM # M-9 DATE: JUNE 24, 2013 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 WEST 6 STREET AND MIDTOWN CIRCLE 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 West 6 Street and Midtown Circle. FINANCIAL IMPACT None. Reception 1947540 06/28/2013 02:08:45 PM re: Resolution 12709 EASEMENT (City is Grantee) Olt THIS EASEM NT, granted this 7 411 day of V t ✓1r° , 20 /3, by SIne- Corp , 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, a pedestrian easement in, through, over, under and 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 7k day of c,/ (.G4( , 20 / 3 . Grantor: 57 e,^ TeCt Clief / By COUNTY OF PUEBLO ) ss. Title: Production Di (• r STATE OF COLORADO The foregoing instrument was acknowled ed before me this day of au n , 20 l5 by David. Dam n'lQhf1 as '��duchcn �r G t Witness my hand and official seal. \ \\, ui, p, ) commission expires: a R3 I 11 �,`' t k .. � •rte- afriAi Notary Public : ; � ` 0 1� "1(11111I111N" 1947540 EASE 06/28/2013 02:08:45 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co reniki I Othiti 11111 EXHIBIT "A" An easement located within an unsubdivided parcel located in the SE1 /4 of the SW1 /4 of Section 25, Township 20 South, Range 65 West ofthe 6 P.M., and the NE1 /4 ofthe NW 1/4 of Section 36, Township 20 South, Range 65 West of the 6` P.M., according to the records of the Pueblo County Assessor. Commencing at the southeast corner of Block 21, State Addition, said corner being on the intersection ofthe north right of way line of W. 6th Street and the west right of way line of West Street, thence N 89° - 32' W along the north right of way line of W. 6th Street, a distance of 685.87 feet to the Point of Beginning, said point being the intersection of the north right of way line of W. 6th Street and the east right of way line of Midtown Circle Drive, thence N 13° - 00' W along the east right of way line of Midtown Circle Drive, a distance of 11.00 feet to a point on the east right of way line of Midtown Circle Drive, thence S 51° - 15' - 30" E, a distance of 17.27 feet to a point on the north right -of way line of W. 6th Street, thence N 89° - 32' W along the north right of way line of W. 6th Street, a distance of 11.00 feet to the Point of Beginning. Said easement contains an area of 58.82 sq.ft. ±. PEpESTRIAN EASEMENT 1 1 0 01 2 1 . \PLATT =D n (825 W 6TH ST) 1 ADDRESS 1 EASEMENT SS A N.T.S. 685.87'± TO SE COR. OF BLK. 21, STATE ADD. ------------------ 11.0' N89'32'W POINT OF BEGINNING W 6TH ST CA 12/30/08 1947541 ST AUTH 06/28/2013 02:08:45 PM Page: 10 T 1 1 . 00 0. 00 T 11.00 Gilbert rt i C lerk /R Recorder D , Pueblo County, Co •iii IP WIT firEIRA:14111011/24141111VIC14.41114 11111 STATEMENT OF AUTHORITY Pursuant to C.R.S. §38 -30 -172, the undersigned hereby executes this Statement of Authority on behalf of Sfct r//- �Ot�r�a ( Co r a, (did, [ U .0 1:7a,•rcidd /( , an entity other than an individual, capable of holding title to real property (the "Entity"), and states as follows: / // The name of the Entity is S r` Vdu /A4 ( Core. r7`r 04 (state type of entity and state, country, or other governmental authority under whose laws such entity is formed) The mailing ad ess for the Entity is 9O2 S Pue.S4 (; 9 / The name or position of the person authorized to e cute instruments c veying, encumbering, or other affecting title to real property on behalf of the Entity is: CZ Veld 4/n The limitations upon the autho of the person named above or holding the position described above to bind the Entity are as follows: l e (if no limitations, insert "None ") Other matters concerning the manner in which the Entity deals with any interest in real property are: (if no other matters, leave this section blank) EXECUTED this 7 day of V u/1 • 0 / . ni Signatur ra - Name (typed or printed): 1 i ✓r � d a 414 4 Title (if any): Gc4.40.Jd /t d r• c-ia STATE OF CO I0 rda° ) (A.e-b I 0 ) ss. COUNTY OF The foregoing instrument was acknowledged before me this I day of -- SIA h'C- , c O i 3 by V to �0. Ynnv l0.r' , on behalf of Otur Ju.r�'lad Corp , , a CO t0fOldO rr01.tt0n Witness my hand and official seal. `\ 14, 111 1 11 mission expires: 6 c i f IR3111 09atiqb I�Yy��� p �� N ® / '`. Notary Public ry Dp r �' l f / /f ull 1111100`6\