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Home My WebLink About14356RESOLUTION NO. 14356 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY THOMAS AND MARY CHAVEZ, FOR THE PURPOSE OF PEDESTRIAN TRAFFIC AND INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALIZATION HARDWARE WHEREAS, the owner of the northeast corner of Block 4, Prairie Avenue Place Second Filing Subdivision as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, has granted an easement and right of way to the City of Pueblo for a pedestrian traffic and installation and maintenance of traffic signalization hardware; and WHEREAS, such easement is necessary for the purpose of pedestrian traffic and for the installation and maintenance of traffic signalization hardware; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way granted, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved and accepted. SECTION 2. The City reserves the right to use and occupy the Easement and Right of Way for any purpose not inconsistent with the Easement and Right of Way accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Easement and Right of Way accepted herein. SECTION 4. The City Clerk is directed to cause said Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Easement and Right of Way are to be paid for the City. SECTION 5. 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 agreement to effectuate the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED February 10, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk's Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Sam Vigil, P.E., Director of Public Works SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY THOMAS AND MARY CHAVEZ, FOR THE PURPOSE OF PEDESTRIAN TRAFFIC AND INSTALLATION AND MAINTENANCE OF TRAFFIC SIGNALIZATION HARDWARE SUMMARY: This Resolution accepts an easement and right of way located in the northeast corner of Block 4, Prairie Avenue Place Second Filing Subdivision, as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, for the purpose of allowing pedestrian traffic and traffic signalization hardware to be installed and maintained. PREVIOUS COUNCI L ACTION: None. BACKGROUND: The City received a Community Development Block Grant (CDBG) to construct improvements to the intersection of Prairie Avenue and Lakeview Avenue. New traffic signalization was a large portion of the project. To accommodate the location of the signalization equipment cabinet and the modifications to the ADA curb ramps, it was necessary to acquire easements at the southeast and southwest corners of the intersection. Maintenance of the traffic signalization hardware within the easement will be the responsibility of the City. FINANCIAL I MPLICATIONS: There is no cost associated with the acceptance of the easement and right of way. The owner of the lot will be responsible for the maintenance of the landscaping within the easement. The City will maintain the traffic signalization hardware. BOARD/COMMI SSION RECOMMENDATI ON: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: No Action Under this alternative, the traffic signalization improvements could not be installed as designed and the intersection could not be improved. The City would have to return the Grant funds. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right of Way Agreement Legal description with drawing exhibit re: resolution 14356 Reception 2169555 2/20/2020 3:31 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this / day of , 20419, by Thomas Chavez and Mary Chavez, 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 as described and set forth in the attached Exhibit A for the purpose of pedestrian traffic and installation and maintenance of traffic signalization hardware, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: Block 4, Prairie Avenue Place Second-Filing Subdivision, according to the recorded plat thereof, filed for record at the Pueblo county Clerk and Recorder, November 5, 1902, Book 9, Page 11. 1D o►+GI 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 0^ ' of Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any SFA, purpose consistent with the right and privilege above granted and which will not interfere with or r= m endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the ;mm Grantor shall in no event include the right to locate or erect or cause to be located or erected any vw buildingor anyother structure or manufactured or mobile home or trailer unit upon the easement. - P mw Grantee shall have the right to remove, at Grantor's expense, any such buildings, structures and other Q" objects and units located on the easement interfering with the construction, maintenance, operation, n,,3 control or use of the easement for its intended purpose. 0D Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to =4 o the property and full power to grant this easement and right-of-way,and(b)will defend Grantee's quiet t and peaceful possession of the easement and right-of-way against all persons who may lawfully claim title to the property. 1111 "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 `o2 day of 42-e— , 20/9 Grantor: COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this /02 day of 41-e' , 20 by ,ash Q.S 9 BETTY JO ARAGON Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO NOTARY 1019984006474 4/22/ZZItAYCOMMISSIONEXPIRESJUNE22,2022 My commission expires: 4/ [SEAL] Notary P lic 1417-e-- aC' 2169555 02/20/2020 03:31.39 PM Palbert20rof z2C1 a k1 .00 0 11 o 1Csou00y Co 1111 1� Y� 4tb'I��: '��iF,Ii l i �1;� �1 ighi 11111 EXHIBIT "A" An easement located in the northeast corner of Block 4, Prairie Avenue Place Second Filing Subdivision, according to the recorded plat thereof, filed for record at the Pueblo County Clerk and Recorder November 5, 1902, Book 9, Page 31. Beginning at the northeast corner of said Block 4, said corner being the intersection of the south right of way line of Lakeview Avenue and the west right of way line of Prairie Avenue, thence south along the west right of way line of Prairie Avenue, a distance of 10.00 feet, thence west and parallel to the south right of way line of said Lakeview Avenue, a distance of 4.00 feet, thence north and parallel to the west right of way line of said Prairie Avenue, a distance of 6.00', thence west and parallel to the south right of way line of said Lakeview Avenue, a distance of 6.00', thence north and parallel to the west right of way line of said Prairie Avenue, a distance of 4.00' to a point on the south right of way line of Lakeview Avenue, thence east along the south right of way line of Lakeview Avenue, a distance of 10.00 feet to the Point of Beginning. Said easement contains an area of 64.00 sq.ft. more or less. LAKEVIEW AVENUE /i( Point of Beginning P.O.B. Scale 1" = 5' PROPERTY LINE 10.00' 6.00' o -0 O � o y 7.) 6 Fri 4.00' Block 4 rn PRAIRIE AVENUE PLACE 2ND rn FILING al O)