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HomeMy WebLinkAbout05711Reception 963239 12/27/1991 ORDINANCE NO. 5711 AN ORDINANCE ANNEXING THE AREA COMMONLY KNOWN AND DESCRIBED AS 483 PARK DRIVE WHEREAS, the City Planning and Zoning Commission has recommended that the area described in Section 1 hereof be annexed to the City of Pueblo; and WHEREAS, the City Council has heretofore found and determined by Reso- lution that the Petition For Annexation and the area described in Section 1 hereof to be in compliance with the notice and other applicable provisions of the Municipal Annexation Act of 1965 and C.R.S §31 - - 104, 105 and 107 (1) ; and WHEREAS, the City Council has by Resolution found and determined that an election is not required under C.R.S. §31 -12- 107(2) and no additional terms and conditions are to be imposed upon the area described in Section 1 other than those set forth in the Petition For Annexation: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The following described area situated in Pueblo County, Colorado, is hereby annexed to Pueblo, a Municipal Corporation, subject to the terms and conditions set forth in the Petition For Annexation, and the official map of the City shall be amended to show such annexation: Lots 113, 114 and the South 28 feet of Lot 115, Goodnight Avenue Place Second Filing according to the recorded plat thereof, containing 1.94 acres. CFl�TTl1TT 7 Boor 257.1 , .A , , 940 Within thirty (30) days after the effective date of the Ordinance the City Clerk shall: (a) File one copy of the annexation with the original of this Ordinance in the office of the City Clerk; (b) File two certified copies of this Ordinance and annexing map with the Pueblo County Clerk and Recorder; (c) File one certified copy of the annexation map and this Ordinance with the Southeastern Colorado Water Conservancy District. SECTION 3. The City Council hereby consents to the inclusion of the annexed area in the Southeastern Colorado Water Conservancy District pursuant to C.R.S. §37- 45 -136 (3.6). SECTION 4. This Ordinance shall become effective immediately upon final passage and the annexation shall be effective for ad valorem tax purposes on and after January 1, 1992. A�4 S a I lk,� - City 4 Clerk '.'% ^ INTRODUCED November 11 , 1991 By JOHN CALIFANO Council son APPROVED ozzz��_a� Pre dent of the Council Reception 963238 12/27/1991 EASEMENT THIS EASEMENT, is granted on 14 , 1991, by DOROTHY JUNE GALE as Personel Representive for the ESTATE of B. Milton Speed (GRANTOR), to PUEBLO, a Municipal Corporation (GRANTEE): WITNESSETH: IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by GRANTOR, GRANTOR grants and conveys to GRANTEE, its successors and assigns an easement and right of way in perpetuity, and the right to construct, operate, maintain, remove and replace a public road and other public facilities, from time to time, as GRANTEE may require, upon, over, under and across the real property (the "Property ") located in Pueblo County, Colorado and described as follows. All that part of Lot 113, Goodnight Avenue Place Second Filing, according to the recorded plat there, lying south of the following described line; BEGINNING at a point on the east line of said Lot 113, said point being 30.00 feet north of the centerline of Aqua Drive according to said recorded plat; thence westerly, parallel with said centerline, a distance of 330.00 feet more or less to a point on the west line of said Lot 113 to the point of terminus of said line. 1. GRANTOR reserves the right to use the Property for purposes not inconsistent with the rights herein granted in this easement. Grantor, however, shall neither erect nor place any structures, buildings or trees on the Property. Grantee shall not be liable for their removal if they are so placed. 2. GRANTOR grants to GRANTEE access rights across GRANTOR'S property that adjoins the Property to construct, operate, maintain, remove or replace the public road and other public facilities. 3. GRANTOR grants to GRANTEE the right to permit other public entities or utility companies to use the Property jointly with the GRANTEE for utility purposes. 4. GRANTOR covenants and warrants that GRANTOR is the fee owner of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances. Boor 2571 P c. 937 5. GRANTEE shall restore GRANTOR'S property damages during GRANTEE'S construction and maintenance operations to as near original condition as reasonably possible. 6. This easement shall run with the land and be binding upon and inure to the benefit of the GRANTEE and GRANTOR and their respective heirs, personal representatives, successors and assigns. The singular includes the plural and the masculine includes the feminine and neuter. GRANTOR: DOROTHY JUNE GALE as Personel Representive for the ESTATE of B. Milton Speed B y: STATE OF COLORADO)• ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me '�ou. 18 , 1991, by DOROTHY JUNE GALE, as Personel Representive for the ESTATE of B. Milton Speed, GRANTOR. My commission expires WITNESS MY HAND AND OFFICIAL 7 ,c e . l..C.rSLOwr�,a_ Notary Public ytli r,� a Boor 25 '11 P:f DISTRICT COURT, COUNTY OF PUEBLO, STATE OF COLORADO Case No. 91 PR 376 Division A LETTERS IN THE MATTER OF THE ESTATE OF BENJAMIN MILTON SPEED aka B. MILTON SPEED, Deceased. WHEREAS, on October 24. 1991 , Dorothy June Gale was appointed or qualified as * Personal Representative XX of the estate of the above named (decedent) (proteeted— person) of the above named (minor) (incapacitated person) by this Court or its Registrar, with all authority pertaining thereto; NOW, THEREFORE, these Letters * * Testamentary are issued as -R , evidence of such appointment or qualification and authority. WTINES my signature and the seal of this Court 'om Q (Seal of the Court) ` r ' of Caft • For decedent's estates, insert Personal Representative For property management, insert Conservator For personal guardianship, insert Guardian and whether by will, written instrument or court order For Special Administrator, Insert Special Administrator and whether in formal or informal proceedings "Insert one of the following: o� a) Testamentary d) Of Conservatorship b) Of Administration e) Of Special Administration c) Of Guardianship CERTIFICATION STAMP or Certified to be a original in nfy_i effeeb— as d rue and correct copy of the and to be in full force and 0CT_ (fir) Cb,t of C..n r , This Pleading conforms in substance to the current version of: CPC Form 17.Rev.'81.LMERS