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BE IT RESOLVED BY THE COUYCIL OF PUEBLO:
That in consideration of the withdrawal by Edward H.
Howland and Orin S. Merrill of all objections, and waiver by
them of all rights of new trial, appeal or writ of error in
the proceedings in eminent domain, now pending between the City
of Pueblo as plaintiff, and the said Edward H. Howland and Orin
S. Merrill, among others, as defendants, and the further con-
sideration of a good and sufficient deed of conveyance to the
City of Pueblo, free and clear of incunbrance except last half
of 1922 taxes, from the said Edward H. Howland and Orin S.
Merrill to the following described property, being the property
in controversy between the above mentioned parties, to -wit:
Parcel 1-a.
Lots 1 to 10 inc., Blk. 1, Somerlid Heights
Lots 1 to 6 inc.. Blk. 6, Somerlid Heights
sots 11 to 30 inc., Blk. 6, Somerlid Heights
Lots 1 to 16 inc., Blk. 7, Somerlid Heights
Lots 18 to 19 inc., Blk. 7, Somerlid Heights
Parcel 1 -b.
Lot 17, Blk. 7, Somerlid Heights, free and
clear except taxes
The said City of Pueblo hereby agreeE to convey by deed without
warranty to the said Edward H. Howland and Orin S. Merrill the
following described real estate to -wit: That portion of the
Old Santa Fe Right of Way in the City of Pueblo lying adjacent
to Somerlid Heights axed north of the north line of North Dundee
Place to the city limits except such part of said Santa Fe Right
of Way as shall be used by the City for the nroroosed improvement
in said proceedings in eminent domain set forth, to -wit: The
extending, opening, widening, altering and otherwise improving
Forth Elizabeth Street and East Elizabeth Street from the inter-
section of said streets with Twenty -fifth Street, north to the
limits of the City of pueblo, also such part of Block 6 and
Block 1, east of the alley in said blocks, SoLnerlid Heights,
City of Pueblo, Colorado, as shall not be used for said pro-
posed improvement, the description of said properties to be
conveyed to be determined by survey after the nature and ex-
tent of said proposed improvement has been determined Croon and
located. Nothing herein is to be construed as limiting the
City of Pueblo in adopting any plan for said proposed improve-
ment.
And the said City of Pueblo further agrees to pay to
the said Edward H. Howland and Orin S. Merrill the sum of
$2000.00 cash, to be paid upon delivery of their deed to
Parcels 1 -a and 1 -b hereinbefore described, and to assign to
the said Edward H. Howland and Orin S• Merrill any and all
Treasurers Certificates of Purchase for delinquent taxes or
assessments now held by the City of Pueblo for the real estate
hereinafter described, and further, to give written consent to
the Board of County Commissioners of Pueblo County, Colorado,
to the assignment to the said Edward N. Howland and Orin S.
Merrill by the said Board of County Commissioners, for such
sum a4 the said 'Board of County Commissioners may determine
without regard to any taxes, assessments, penalties, interest
or costs due to the City of Pueblo, of any Treasurers Cer-
tifiea:tee of Purchase now held by said County of Pueblo to the
following described real estate, to wit:
Lots 2 to 5, Block 10, Somerlid Heights, City
of Pueblo, Colorado, and
Lots 22 and 23, Block 6, Sharps Addition, City
of Pueblo, Colorado.
And the City of Pueblo further consents to the abate-
ment of its proportion of any unpaid taxes now due and owing
on the above described premises.
This agreement to be in lieu of any verdict or award in
the said proceedings in eminent domain and in full settlement
of all claims by the said E. H. Howland and Orin S. Merrill
respecting said proceedings.
Introduced December 13th, 1922.
By
I, J. W. Carpenter, City Clerk of the City of Pueblo,
Colorado, do hereby certify that the above and foregoing is
a true and correct copy of a Resolution adopted by the City
Council of the City of Pueblo, Colorado, at a recess meeting -
held Wednesday, December 13th, 1922.
III V ITITESS WEEREOF, I have hereunto set my hand and
affixed the seal of the City of Pueblo, Colorado, this 13th
day of December, 1922.
Ci y Clerk
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