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HomeMy WebLinkAbout8188Reception #: 1187188 Dat 00 D9Feer19970.00mSC:101?OOBFg�: 3039 Page: gueblohCosClk. &Rec� Inst: RES R Fee: RESOLUTION NO. 8188 A RESOLUTION ACCEPTING AN EASEMENT AGREEMENT FROM MR. DAVE BAYLESS WHEREAS, MR. DAVE BAYLESS, on June 10, 1997, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to widen the existing ditch and to install a pedestrian sidewalk across a portion of the property located at 1530 Pueblo Blvd. W., and has been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement granted by MR. DAVE BAYLESS, dated June 10, 1997, which easement is on file with the City Clerk, is hereby approved and accepted. Section 2 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED JULY 28 , 1997 By SAMUEL CORSENTINO o Councilperson t;' a. r •. APPROVED Pres' it o the Council 0 ATTEST: City Cler Reception #: 1187189 Date: 09/25/1997 Time: 1034 Book: 3039 Page: 707 Chris C. Munoz Inst: EASE R Fee: 15.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 3 Pueblo Co.Clk. &Rec. EASEMENT AGREEMENT )U THIS EASEMENT is granted on p �7 - `f 7 1997, by � /) err ( Grantor ) to Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado ( Grantee ). WITNESSETH 1. 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 for a public sidewalk, public utilities, traffic control devices and signage and drainage channel, drainage culverts and appurtenances, upon, over, under and across the real property ( the Easement ) located in Pueblo, Colorado, and described as follows: L'ASL'MLNI AN EASEMENI'L0CA1 ED IN LO1' 1, BLOCK 2, LAKL' GARDENS, 2ND FILING, CITY OF PUEBL0, COI IN' IYOFPUEBLO, S TA TE OF COLORADO; BEING MORE PARTICULARLY DANURIBED AS FOLLOWS; BEGINNING AT'A POINT ON THE WEST LINE OF SAID LOT 1, 54 FEET SOUT H OF THE , �'ORHTWEST COR IER; THENCF. EAST AND PARALLEL WII H THE NORTH LINE OF SAID LOT 1, A DIS1 ANCE OF 597.0 FEEL', I HENCE SO UI H AND PARALLEL WITH I HE EAST LINE OF SAID LOT 1, A DISI AA`CE OF 14.0 FEET ; I HENCE fVE.S'T AAID PARALLEL W1 H 1 HL' NORI H LINE OF SAID LOT 1, A DISI ANCL' OF 583.01 EE1', I HAWCL' SO U1 H AND PARALLEL WITH THL' (VEST LINE OF SAID LOT 1, A DISTANCE OF 229.0 FEET; TO 1 HE SO UI H LINE OF SAID LOT I; 1; 1 HEN E WA'Sl , ALONG 1 H' SO UI H LINL' OF SAID LOT I, A DISTANCE OF 0 FEET, TO THE .S'OU7HWEST CORNER OF SAID LOT 1; I HENCE NORI H, ALONG 1 HL' WEST LINE OF SAID LOT I, A DISI ANCE OF 243.0 FEED, MOPE OR LESS, TO THE POINT OF BEGINNING. , 2. Grantor reserves the right to use the Property for purposes not inconsistent with the rights granted in this Agreement, provided Grantor shall not erect or place any structures, buildings, or fences, on the Easement and Grantee shall not be liable for their removal if they are so placed. Book: 3039 Page: 708 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. 3. Grantor covenants that it or its successors or assigns, will continuously maintain this easement except for the traffic control devices and signage, and the utility lines which Grantee, or the appropriate utility company, will maintain. 4. Grantor covenants and warrants that Grantor is the owner in fee of the property, containing the Easement, has full and lawful right to convey the Easement, and the property containing the Easement is free of liens and encumbrances except mortgages or deeds of trust in favor of /1),IWA z who has consented to granting of this easement. 5. Grantor grants to Grantee the right to permit other public entities or utility companies to use the Easement jointly with the Grantee for utility purposes. 6. This easement shall run with the land and be binding upon and inure to the benefit of the Grantee and the Grantor and their respective successors and assigns. The singular includes the plural the masculine includes the feminine and neuter. GRA TOR: c�L — //U " STATE OF dLrAh ,) ,) ss. COUNTY OF ) T The foregoing instrument was acknowledged before ti , 1997, by Grantor) . Witness my hand and official seal. on the / day of bp •- jZlo.�Uuto'�( 4ZZ : y My commission expires: % ()L,)5 I g q a' -t C 1 .r A �� l otary Public U 2 Book: 3039 Page: 709 Chris C. Munoz Page: 3 of 3 Pueblo Co.Clk. &Rec. EXHIBIT " A " EASEMENT AGREEMENT AN EASEMENT LOCATED IN LOT 1, BLOCK 2, LAKE GARDENS 2ND FILING, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF SAID LOT 1, 54 FEET SOUTH OF THE NORTHWEST CORNER; THENCE EAST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 597.0 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID LOT 1, A DISTANCE OF 14.0 FEET; THENCE WEST AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 583.0 FEET; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID LOT 1, A DISTANCE OF 229.0 FEET TO THE SOUTH LINE OF SAID LOT 1; THE WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 14.0 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1; THENCE NORTH, ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 243.0 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SCALE: 1 " = 200' PUEBLO BLVD. 3AIIIII P.O.B. I N I LJ T � 1 627' 627' u7 d 1 30' rl LOT 1 I 't LOT 8 EASEMENT TO 1 BE GRANTED 1 627' I 627' BLK. I 2 � I LOT 2 `1 LOT 7 F 627' 627' � 1