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Home My WebLink About7907Re :)n #: 1129223 Date: 07/03/1990 Time: 301- Book: 2907 Page: 696 Chri.; C, 1. 11,1102 Tn t: RES. R Fee: 5.�0 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pi_�eblo Co.Clk. &RYc, RESOLUTION NO. 7907 A RESOLUTION APPROVING AND ACCEPTING THE GRANT OF AN EASEMENT AND RIGHT OF WAY FROM PROGRESS RAIL SERVICES CORPORATION, AN ALABAMA CORPORATION, AND AUTHORIZING THE PRESIDENT OF COUNCIL TO EXECUTE AN ACCEPTANCE OF SAME BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 The Grant of Easement and Right of Way dated June 20, 1996 from Progress Rail Services Corporation, an Alabama Corporation, to the City of Pueblo, a copy of which is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2 - . The President of the City Council is hereby authorized to execute the Acceptance of said Easement and Right of Way by and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3 This resolution shall become effective upon final passage. SECTION 4 The $1,250 Easement and Right of Way fee shall be paid from Account No. 145- 1994 - 308 -0 -40 -8823. C W v � _ a fiG - r CIT CLERK INTRODUCED: JUNE 24, 1996 BY: Cathy Garcia COUNCIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL _ Rev. 6/7/96 Reception R: 1129229 Date: 07 Time: 306 Book: 2907 Page: 697 Chris C. E #snoF Inst: EASE R Fee: 15.00 D Fee: 0.00 SC: 1,00 Pg: 1 of 3 Pueblo Co,Clk. &kec. GRANT OF EASEMENT AND RIGHT OF WAY THIS EASEMENT AND RIGHT OF WAY granted this 2D* day of �U nt 1996 by Progress Rail Services Corporation. an Alabama corporation hereinafter referred to as "Grantor ", to the City of Pueblo, a Municipal Corporation, hereinafter referred to as "Grantee "; WITNESSETH: FOR AND IN CONSIDERATION of the sum of Twelve Hundred Fifty and No/ 100 Dollars ($1,250.001 paid to Grantor by the Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration, Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, an easement and right of way to construct, install, operate, maintain, repair and replace a non - vehicular recreational trail and associated signage and improvements for use by the public, through, under, over and across the following described lands of Grantor situated in the County of Pueblo, State of Colorado: Trail Easement No. 1 A twenty foot wide easement and right of way located within the SW 1/4 of Section 31, Township 20 South, Range 64 West of the Sixth Principal Meridian, the centerline of which is described as follows: COMMENCING at a point being the most northerly corner of that parcel described in that document recorded in Book 2783 at Pages 213 -215 in the records of the Pueblo County Clerk and Recorder from which the SW corner of said Section 31 bears S 57 -47 -45 W (bearings based on the south line of the SW 1/4 of said Section 31 monumented on the west by a concrete cylinder with lead and tack in cast iron box and on the east by a 30" x 2 1/2" aluminum monument, P.L.S. 16128 assumed to bear S 87 -22 -07 E) a distance of 918.16 feet; thence N 47 -14 -17 W along the northeasterly line of that parcel described in that document recorded in Book 2571 at Pages 722 -725 in the records of the Pueblo County Clerk and Recorder a distance of 877.43 feet to a point on the easterly right of way line of Santa Fe Avenue; thence N 00 -18 -59 W along said easterly right of way line a distance of 74.04 feet to a point on the southerly line of the Pueblo Conservancy Districts, a former Channel of the Arkansas River, thence S 64 -04 -32 E along the southerly line a distance of 153.48 feet to the POINT OF BEGINNING; thence along the centerline of said easement the following seven (7) courses; 1) S 53 -58 -25 E. a distance of 94.10 feet. 2) along the arc of a curve to the right having a central angle of 10 -02 -26 and a radius of 1000.00 feet a distance of 175.24 feet. 3) S 43 -55 -59 E. a distance of 96.86 feet. 4) along the arc of a curve to the left having a central angle of 43 -29 -20 and a radius 25.00 feet a distance of 18.98 feet. 5) S 87 -25 -19 E. a distance of 61.76 feet. 6) along the arc of a curve to the left having a central angle of 10 -27 -37 and a radius of 100.00 feet a distance of 18.26 feet. 7) N 82 -07 -04 E. a distance of 96.69 feet to a point on the said southerly line of the Pueblo Conservancy Districts, former Channel of the Arkansas River being the POINT OF TERMINUS. Book: 2907 Page: 696 Chris C. Munoz Page: 2 of 3 Pueblo Co.C?k. &kec. TO HAVE AND TO HOLD said easements and rights of way unto Grantee, its successors and assigns, until such trail be constructed, and so long thereafter as a trail is maintained thereon; subject and subordinate to easements, restrictions and reservations of record at the date hereof and subject to Grantor's use and occupancy of the above described property, provided such use and occupancy by Grantor does not unreasonably interfere with the rights herein granted. And Grantee shall have the right to enter upon such lands of Grantor to such extent as Grantor and Grantee mutually agree is necessary to survey, construct, maintain, operate, repair, replace, control and use said trail and associated signage and improvements, and to remove objects interfering therewith, including the trimming of trees and bushes, and to use such of the adjoining premises of Grantor during surveying, construction, maintenance, repair, removal, or replacements of said trail and associated signage and improvements as Grantor and Grantee mutually agree is required to permit the operation of standard construction or repair vehicles and machinery, provided none of the foregoing activities unreasonably interferes with the operation of Grantor. PROVIDED, HOWEVER, that after completion of construction of said trail, if the trail is abandoned or the use of same completely ceases for a period of 24 consecutive months, said easement and right of way shall thereupon terminate and be automatically extinguished and Grantee shall cause a termination of Grantee's rights herein granted to be recorded in the public records of Pueblo County. And the use of said easement and right of way by Grantee is conditioned upon the following requirements being observed by Grantee: (a) Grantor will not be responsible for damage to property or injury or death to persons arising from or related to the use or maintenance of the easement and right of way by Grantee or by members of the public; (b) Grantee agrees to indemnify and hold harmless Grantor from all claims for damage to property, injury or death which arise from the construction, use or maintenance of the easement and right of way by Grantee or by members of the public, except where same have been caused or contributed to by the gross negligence or willful misconduct of Grantor. (c) Grantee shall construct, within the easement and right of way granted herein, a six foot high fence of chainlink or other durable materials to be located south of and parallel to that portion of the recreational trail constructed within the easement and right of way granted herein, the same being approximately 600 feet in length. Grantee shall also post the recreational trail at 3 locations along said fence, and at one additional location to the east of the easement and right of way granted herein, with signs which advise users of the trail that Grantor's adjacent property is private and that users must stay on the trail in that area. EXECUTED this 2 day of June , 1996. ATTEST: k � 10 - " z ( J, 1,� Assistant Secretary F GRANTOR: f4 PROGRESS RAIL SERVICES CORPORATION, an Alabama Corporation Name: Michael V. B omb i no Title: Vice President and Treasurer SO Book: 2907 Page: 699 Chris C. tlunoz Page: ' of Pueblo Co,Clk. &Rec. COUNTY OF PINFLLAS STATE OF FLORIDA ss. ) The foregoing instrument was acknowledged before me this 20th day of J une 1996 ,by MICHAEL V. BOMBINO and RALPH S. MUCCI My commission expires: CAROLE L. PORTER SEA -": A r_ MY COMMISSION k CC4WM EXPIRES e" December 30, 19% '�;�;;��' B Notary Public ACCEPTANCE The �'br��going Grant of Easement and Right of Way is accepted by the City of Pueblo, a Va M kcip.Al � rp6�ation, in accordance with its terms. CITY OF PUEBLO a Municipal Corporation `� ... By Cit ?" Preside of the City Council COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing Acceptance was acknowledged before me this 27th day of June 1996 by Fay B. Kastelic President of the City Council of Pueblo, and by Gina Dutcher its City Clerk. My commission expires: L) /,�k ' 15 Nota Public W!