HomeMy WebLinkAbout8641RESOLUTION NO. 8641
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM THE
COUNTY OF PUEBLO, COLORADO
WHEREAS, the County of Pueblo, Colorado, on February 11, 1999, granted a
twenty foot (20') wide easement to the City of Pueblo; and
WHEREAS, such easement is necessary for the purpose of a sanitary sewer
main installation on property situated in Pueblo County, Colorado.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PUEBLO,
COLORADO, that:
0 .,FC TInN 1
The easement granted by the County of Pueblo, Colorado, dated February 11,
1999, a copy of which is attached hereto, after having been approved as to form by the
City Attorney, is hereby approved and accepted.
SFCTION 2.
The City Clerk is directed to record said easement in the office of the Pueblo
County Clerk and Recorder.
INTRODUCED March 22, 1999
BY: Cathy A. Garcia
Councilperson
APPROVED: President of of the Council
ATTEST:
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Council Agenda
Title: A RESOLUTION ACCEPTING AN EASEMENT
AND RIGHT OF WAY FROM THE COUNTY
OF PUEBLO, COLORADO
Department: WASTEWATER DEPARTMENT
ISSUE
Agenda Item #
Date: MARCH 22, 1999
Should the City Council accept an easement and right of way from the County of
Pueblo for the purpose of a sanitary sewer main.
RECOMMENDATION
Approval of this Resolution.
BACKGROUND
Several years ago (50 ±), a sanitary sewer main was extended from Locus Street
(extended) across what is now Field #2 at Runyon Field to a manhole behind N.O.
Nelson Company. The sewer main serves Runyon Field as well as N.O. Nelson, and is
considered a public main. The City recently replaced the main with the cooperation of
County Public Works. In doing so, we requested an easement from the County for
future access for maintenance and repairs or replacement.
FINANCIAL IMPACT
There is no financial impact upon the City due to this action.
FUEFO
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1263563 02/16/1999 11:56A RES Chris C. Munoz
2 of 2 R 0.00 D 0.00 Pueblo Cty Clk & Rae.
STATE OF COLORADO,
ss.
County of Pueblo,
I, Chris C. Munoz, County Clerk and ex- officio Clerk of the Board of County Commissioners in and for the County
and State aforesaid, do hereby certify that the annexed and foregoing order is truly copied from the Records of the
proceedings of the B-ard of County Commissioners for said Pueblo County, now in my office.
Q.... � ®.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal
of said County, at Pueblo, this 11 th day of
February , A.D. 19 99 „.
�j CHRIS C. MUNOZ, County Clerk.
By • Deputy.
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1263564 02/16/1999 11:56A EASE Chris C. Munoz
1 of 2 R 0.00 D 0.00 Pueblo C!y Clk 8 Rec.
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this _ &° day of - c , 1999, by County of Pueblo,
GRANTOR, to City of Pueblo, a Municipal Corporation, GRANTEE:
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 twenty foot (20) easement and right of way for the purpose of a
sanitary sewer main, in, through, over, under and across GRANTOR'S property situated in Pueblo
County, Colorado, and described as follows: (the "Property'
An easement located in a portion of the NW1 /4 of Section 6, Township 21 South, Range 64 West of the
6 Principal Meridian in the City of Pueblo, Pueblo County, Colorado in an area commonly known as
Runyon Field. Said easement being ten (10) feet each side of the following described centerline:
Commencing at a point on the north line of that parcel of land described in that deed recorded in Book
2468 at Pages 800 to 903 in the records of the Pueblo County Clerk and Recorder from which the city
survey monument at the intersection of Stanton Avenue and Locust Street bears S 28 31' 40" W
(bearings based on the line between the city survey monuments located at the intersection of Moffat
Street and Locust Avenue and at the intersection of Stanton Avenue and Locust Street assumed to bear
S 87 47'23" W), a distance of 1199.58 feet; thence S 09 31' 39" E a distance of 317.07 feet to the
POINT OF BEGINNING, said point being an existing sanitary sewer manhole (STA. 0 +00); thence S 03
06' 43" W, a distance of 317.00 feet to an existing sanitary sewer manhole (STA. 3 +17); thence S 05 44'
05" E, a distance of 376.00 feet to the POINT OF TERMINUS, said point being an existing sanitary sewer
manhole (STA. 6 +93), of said easement. Refer to attached Exhibit A.
TOGETHER with the right to enter upon the Property for the purposes of construction, replacement,
maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for
said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not
inconsistent with the right and privilege above granted and which will not interfere with or endanger any of
GRANTEE'S 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 // day of / "1999.
RA
ATTEST:
lomp, Cha erk of Board
Pueblb,County Board of County Immissioners
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