HomeMy WebLinkAbout13017RESOLUTION NO. 13017
A RESOLUTION ACCEPTING CONVEYANCE OF AN
EASEMENT AND RIGHT-OF-WAY FROM THE OWNER OF
REAL PROPERTY LOCATED AT WEST NORTHERN
AVENUE AND SOUTH PRAIRIE AVENUE WITHIN
PUEBLO, COLORADO
WHEREAS, the owner of real property located at the northeast corner of West
Northern Avenue and South Prairie 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 northeast corner
of West Northern Avenue and South Prairie Avenue.
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.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached contract/agreement
to effectuate the transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED: July 28, 2014
BY: Chris Kaufman
COUNCILPERSON
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: July 28, 2014
TO: President Sandra K. Daff and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, Director of Public Works
SUBJECT: A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND
RIGHT-OF-WAY FROM THE OWNER OF REAL PROPERTY LOCATED
AT WEST NORTHERN AVENUE AND SOUTH PRAIRIE AVENUE
WITHIN PUEBLO, COLORADO
SUMMARY:
Attached is the Easement Agreement for the property located at the northeast corner of
South Prairie Avenue and West Northern Avenue.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This easement will provide additional right-of-way to allow for the construction of a
handicap curb ramp at the northeast corner of West Northern Avenue and South Prairie
Avenue.
FINANCIAL IMPLICATIONS:
None.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution will modify the handicap curb ramp installation at the corner of
West Northern Avenue and South Prairie Avenue.
RECOMMENDATION:
Approval of this Resolution.
Attachments: Easement, Exhibit A
Reception 19818308
08/06/2014 04:01:27 PM
re: Resolution 13017
2.--
EASEMENT
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this 10+14 day of SLA , 2014 by H.D.T. Forty Two Limited Liability
Company, a Colorado Limited Liability Company, 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 installing a traffic signal pole w/mast arm and all appurtenances, in,
through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 1242 S.
Prairie Avenue 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, on a temporary basis, 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) had 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 10 +1,.% day of Sway 1.06'-t .
GRANTOR
By:
Hossein TLhi.
Mdn ger
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO )
The forgoing instrument was acknowledged before me this 10 +L.% day of 3-4-4,1,1
2,0 I y , by NOSSe%'v CCV 61^,ti as Manager of H.D.T. Forty Two, LLC.
Witness my hand and official seal.
My commission expires: OcIPLI/Z.0i9 /
ie,
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Mow
—
CHARLES DOWDEN
--- ----_---------- ------- -- -
Notary Public.
NOTARY PUBLIC
STATE OF COLORADO
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EXHIBIT "A"
An easement located in the Southwest corner of Lot 23, Block 13, Smith's Mesa Addition, according to the recorded plat
filed for record January 15, 1891, in Book 7 at Page 21 of the Pueblo County Records, being more particularly
described as follows:
Commencing at the Southwest corner of said Lot 23, said point also being on the East right-of-way line of Prairie
Avenue at its intersection with the North right-of-way line of Northern Avenue; thence Northerly along the West line of
said Lot 23 and the East right-of-way line of Prairie Avenue, a distance of 13.0 feet to a point, said point being the
Northwest corner of a Sidewalk and Utility Easement recorded in Book 2541 at Page 94 on May 1, 1991, and also being
the true Point of Beginning; thence continuing Northerly along the West line of said Lot 23 and the East right-of-way
line of Prairie Avenue a distance of 13.0 feet; thence Easterly and parallel with the South line of said Lot 23 and the
North right-of-way line of Northern Avenue a distance of 5.0 feet; thence Southerly and parallel with the West line of
said Lot 23 and the East right-of-way line of Prairie Avenue a distance of 10.0 feet; thence Southeasterly a distance of
17.9 feet to a point on the South line of said Lot 23 and the North right-of-way line of Northern Avenue, said point being
the Southeast corner of said Sidewalk and Utility Easement and said point being 13.0' Easterly of the Southwest corner
of said Lot 23; thence Northwesterly along the Northerly line of said Sidewalk and Utility Easement a distance of 18.4
feet to the true Point of Beginning.
Said Easement contains a calculated area of 109.5 square feet more or less.
Z LOT 22
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PROPERTY LINE
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P.O.C. SIDEWALK AND UTILITY EASEMENT
BOOK 2541, PAGE 94, MAY 1, 1991
NORTHERN AVENUE
1981830 EASE 08/06/2014 04:01:27 PM
Page: 2 of 2 R 16.00 D 0.00 T 16.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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