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HomeMy WebLinkAbout8325RESOLUTION NO. 8325 A RESOLUTION ACCEPTING A 10' UTILITY EASEMENT FROM NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC. WHEREAS, NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC., on December 19, 1997 granted a 10' utility easement to the City of Pueblo; and WHEREAS, such an easement is necessary to provide certain utilities to Lot 9 and Lot 10, Block 1, Liberty Gardens Subdivision, 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 Neighborhood Housing Services of Pueblo, Inc., dated December 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. INTRODUCED January 26 ' 1998 By Al Gurule Councilperson APPROVED d President City Council ATTEST: City Clerk S -z (a -98 Council Agenda TITLE: A RESOLUTION ACCEPTING A 10' UTILITY EASEMENT AGENDA ITEM # FROM NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC. DEPARTMENT: Department of Public Works DATE : Jan. 26, 1998 ISSUE Should the City Council accept a 10' UTILITY EASEMENT FROM NEIGHBORHOOD HOUSING SERVICES OF PUEBLO, INC. for the purpose of providing certain utilities to Lot 9 and Lot 10, Block 1, Liberty Gardens Subdivision. RECOMMENDATION Approval of this Resolution BACKGROUND The development of the lots require that a 10' utility easement be granted for the purpose of providing certain utilities. FINANCIAL IMPACT There is no financial impact upon the City due to this action. 11111111111111111111111111 IN 203813 02/20/1998 09:52A B3087 P374 EASE 1 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Ree. EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 19th day of December , 1997 , by N eighborhood Housing services GRANTOR, to PUEBLO, a Municipal Corporation, GRANTEE: of Pueblo, Inc. WITNESSETH: THAT 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, a 10 foot easement and right of way for the purpose of UTILITIES , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows: (the "Property") The Northerly 5 feet of Lot 10 and the Southerly 5 feet of Lot 9, Block 1, Liberty Gardens Subdivision, according to the recorded plat thereof, filed for record in Book 3004 at Page 612 in the Pueblo County TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, C 1 e r k maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said and purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent Recorder with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S 0 f f i c e . equipment or facilities therein or use thereof Such reservation by the GRANTOR shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. GRANTOR warrants to GRANTEE that GRANTOR (a) has good and sufficient right and title in and to the Property and full power to grant this easement and right -of -way, and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and easement and right -of- way against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTOR and GRANTEE. SIGNED this 19th day of December , 1997 GRANTOR B COUNTY OF PUEBLO ) Vice President f Neighborhood ss. Housing Services of Pueblo, Inc. STATE OF COLORADO ) -�•_ The foregoing instrument was acknowledged before me this �� day of t' ' ° 1 _ by lklaaihziz. ,. Vice President of N ig�bor 6 d Housing Services of Pueblo, Inc. �- Witness my hand and official seal. My commission expires: (SEAL) Notary w •_ 1203813 02/20/1998 09:52A 83087 P375 EASE 2 of 2 R 11.00 D 0.00 Pueblo Cty Clk & Rec. UTILITY EASEMENT THE NORTHERLY 5 FEET OF LOT 10 AND THE SOUTHERLY 5 FEET OF LOT 9, BLOCK 1, LIBERTY GARDENS SUBDIVISION, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD IN BOOK 3004, AT PAGE 612 IN THE PUEBLO COUNTY CLERK AND RECORDER'S OFFICE 29TH ST. 9 8 I 10' UTILITY EASEMENT 7 TO BE GRANTED 10 I z Li 6 w Y 1 1 Li N > 0 5 Q Q m12 z J 4 SCALE: 1 " = 100' m I Q a I 13 > o Q I � 3 14 O Z I o N_ W X w 2 w 15 1 16 PARCEL "A" 28TH ST.