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HomeMy WebLinkAbout08209Reception 1184257 09/04/1997 RESOLUTION NO. 8209 A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM MR. RICHARD W. HOLLAND WHEREAS, MR. RICHARD W. HOLLAND, on June 19, 1997 granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to extend a storm pipe to an existing inlet to help keep water flow off State Highway ROW, 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. RICHARD W. HOLLAND, dated June 19, 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. 6 x� or ap '4 t_.. INTRODUCED August 25 , 1997 By Samuel Corsentino Councilperson APPROVED 6 Pre#dent City Council City Clerk Book: 3032 Page: 724 Chris C. Munoz Page: 2 of 5 Pueblo Co.Clk. &Rec. DRAINAGE EASEMENT THIS EASEMENT, granted this /y 7 - 4 day of ,vE ,1997, by RICHARD W. HOLLAND (GRANTOR), to PUEBLO, A MUNICIPAL CORPORATION. (GRANTEE): WITNESSETH: IN 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 underground storm water easement and related appurtenances upon, ever, under and across the property which the GRANTOR owns or in which the GRANTOR has any interest situated in Pueblo County, Colorado, and described in the attached Exhibit "A" (the Property). TOGETHER WITH the right of ingress and egress over an across the adjoining lands of the GRANTOR to and from the Property for the purpose of exercising its rights herein granted. GRANTEE will restore the Property and GRANTOR'S other property damaged during GRANTEE'S construction and maintenance operations to as near original condition as reasonably possible. The GRANTOR reserves the right to use and occupy the Property and to grant or survey the right to use and occupy the Property for any purpose which does not unreasonably interfere with the rights herein granted. Drainage in easement to be contained by 24" pipe buried at least 2 feet below the surface. GRANTEE will indemnify and save harmless GRANTOR, its officers and employees, from any and all claims, liabilities and expenses (including reasonable attorney fees) for damages or injury to persons caused or occurring by reason of the negligent or tortious acts or omissions of GRANTEE, its officers, agents or employees. THIS EASEMENT and the covenants, terms, conditions and provisions hereof shall be binding upon and insure to the benefit of the heirs, personal representatives, successors and assigns of the GRANTOR and GRANTEE. In case of abandonment or non -use of this Easement for a period of six months or more, all rights, privileges, and interest granted herein shall terminate. Book: 3032 Page: 725 Chris C. Munoz Page: 3 of 5 Pueblo Co.Clk. &Rec. , "� , WE 0 0 a Name: Richard W. Holland Title: Owner ATTEST: Secretary EL PASO COUNTY OF R0 ) ) ss STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 19 th day of June 1997, by Richard W. Holland Witness my hand and official seal. My commission expires: April 15, 2001 0 V, Notary Public F- Book: 3032 Page: 726 Chris C. Munoz Page: 4 of 5 Pueblo Co.Clk. &Rec. Exhibit "A" The easterly 10 feet of the Southerly 187' of Parcel "B" Rearrangement of Property Boundaries in Piedmont Park. Book: 3032 Page: 727 Chris C. Munoz Page: 5 of 5 Pueblo Co.Clk. &Rec. DRAINAGE EASEMENT THE EASTERLY 10 FEET OF THE SOUTHERLY 187' OF PARCEL "B" REARRANGEMENT OF PROPERTY BOUNDARIES IN PIEDMONT PARK SCALE: 1 " = 100' 400.70' 200' 200.70' PARCEL C 0 0 zoo' Ln � N PARCEL B Z N I � W 250' f `a Z d m � d N � 0 _ z W " 0 PARCEL A a " 10' WIDE EASEMENT d TO BE GRANTED V-- W 250' 215' 200' d