HomeMy WebLinkAbout14522RESOLUTION NO. 14522
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT
OF WAY FROM MARILYN SHOMAKER
WHEREAS, the owner of real property has granted the Easement and Right of
Way to the City of Pueblo; and
WHEREAS, such land is necessary for the for public road and alley purposes and
public utilities, including but not limited to a sanitary sewer located on the property; NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement and Right of Way granted by Marilyn Shomaker, dated November
25, 2020, a 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 and Right of Way and related
Supplemental Affidavit to be recorded in the office of the Pueblo County Clerk and
Recorder forthwith.
SECTION 3.
This Resolution shall become effective immediately upon final passage.
INTRODUCED December 14, 2020
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk’s Office Item # M-6
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 14, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Brenda Armijo, City Clerk
FROM: Nancy Keller, Director of Wastewater
SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY
FROM MARILYN SHOMAKER
SUMMARY:
This Resolution accepts an easement and right of way for public road and alley purposes
and public utilities, including but not limited to a sanitary sewer located on the property.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The easement and right of way are for a portion of an alley in which a sewer line was
constructed. The Pueblo County Assessor’s Office maintains that the alley was vacated
a significant time ago, but there is no record of such vacation. To correct such record
and clearly establish the use of the area for these purposes, the owner has executed the
easement and right of way.
FINANCIAL IMPLICATIONS:
There is no cost associated with the acceptance of the easement and right of way.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Resolution.
STAKEHOLDER PROCESS:
Not applicable to this Resolution.
ALTERNATIVES:
Alternative No. 1 – No Action
Under this alternative, the use of the property for public road and alley purposes and
public utilities, including but not limited to a sanitary sewer located on the property, will
not be clearly established and may be subject to challenge.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Easement and Right of Way and Supplemental Affidavit
re; Resolution 14522
Reception 2205246
12/17/2020 03:23'39 PM
EASEMENT AND RIGHT OF WAY
THIS EASEMENT,granted this 21 day ofY t i 2020 by Marilyn Shomaker,
Grantor,to PUEBLO,a Municipal Corporation, Grantee:
WITNESSETH:
THAT 1N 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 public road and alley purposes,
including use by the general public, and for the purpose of Public Utilities, including but not limited to a
sanitary sewer line, in, through, over, under and across Grantor's property situated in Pueblo County,
Colorado,and described as follows: (the"Property")
The Sixteen Foot(16')vacated alley adjacent to Lots 6, 7 &8, Block 10,Thatcher&Thomas' Addition
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 so much of the adjoining property of
Grantor for said purposes.
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 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 cR day of , 2-0 L.Q
GRANTOR
By:
COUNTY OF PUEBLO )
)ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this day of Y-x- `' ^
hY MPRt Cyt S`'ornr. 6}±-,
LAURA BASTIAN
Notary Public
Witness my hand and official seal. State of Colorado
Notary ID # 20054044783
My commission expires: C z"r '1
My Commission Expires 11-18-2021 I
(SEAL) ,1
Notary Public
EXHIBIT "A"
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Gilbert Ortiz Clerk/Recorder,. Pueblo County, Co
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Gilbert Ortiz Clerk/Recorder; Pueblo County.. Co
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SUPPLEMENTAL AFFIDAVIT
STATE OF COLORADO )
)ss.
COUNTY OF PUEBLO )
In the matter of the title to real property in joint tenancy.
C hi'V/?Kbeing first duly sworn upon oath, deposes and says that the
undersignrtd affiant is of legal age and has personal knowledges of the fact that CHARLES E.
SHOMAKER is the same person as CHARLES EDWARD SHOMAKER referred to in the
attached certified copy of the certificate of death or verification of death issued by the public
entity responsible for issuing such death certificate or verification in the jurisdiction in which the
death occurred, and was at the time of death on the date of February 5, 2013, the owner in joint
tenancy with MARILYN SHOMAKER of the following described real property situate in the
County of Pueblo, State of Colorado,to wit:
ALL OF LOTS 6, 7 AND 8, BLOCK 10, IN THATCHER AND THOMAS
ADDITION TO THE CITY OF PUEBLO,ACCORDING TO THE RECORDED
PLAT THEREOF FILED FOR RECORD MAY 11, 1871.
AND
THAT PORTION OF BLOCKS 9, 10 AND 11 IN THATCHER AND THOMAS
ADDITION TO THE CITY OF PUEBLO,ACCORDING TO THE RECORDED
PLAT THEREOF FILED FOR RECORD MAY 11, 1871, AND THE
VACATED STREETS AND ALLEYS ADJACENT THERETO BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHEAST CORNER OF LOT 16, IN SAID BLOCK 11; THENCE NORTH,
ALONG THE EAST BOUNDARY LINE OF SAID BLOCK TO THE
NORTHEAST CORNER OF LOT I IN SAID BLOCK; THENCE WEST TO
THE NORTHEAST CORNER OF SAID LOT 3 IN SAID BLOCK; THENCE
NORTH TO THE NORTHEAST CORNER OF LOT 14 IN SAID BLOCK 10;
THENCE WEST, ALONG THE SOUTH LINE AND THAT LINE EXTENDED
OF THE EAST-WEST ALLEYS IN BLOCKS 10 AND 9 TO THE POINT OF
INTERSECTION WITH A LINE 23.5 FEET DISTANT AT RIGHT ANGLES
FROM THE CENTERLINE OF TRACK NO. 110 OF THE ATCHISON
TOPEKA & SANTA FE RAILWAY; THENCE SOUTHEASTERLY, ALONG
THE LINE PARALLEL TO AND 23.5 FEET DISTANT AT RIGHT ANGLES
FROM SAID CENTERLINE TO THE POINT OF INTERSECTION WITH THE
SOUTH LINE OF LOT 16 IN SAID BLOCK 11; THENCE EASTERLY 25.5
FEET MORE OR LESS TO THE POINT OF BEGINNING.
And that the undersigned affiant has no record interest in said real property.
f ,/
(sign) •
(print) 74/y - l ,Affiant
The foregoing was sscribed and sworn to before me in the County of Pueblo, State of
Colorado on i i if?U j 0.2-0
Witness my hand and official seal.
My commission expires 11 l /g `'14 1
LAURA BASTIAN ary P
Public
cNotary Public
State of Colorado
64,0,:_i,(.. ,
rNotary ID # 20054044783
ommission Expires 11-18-2021
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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