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Home My WebLink About089401 1322897 03/06/2000 10:14A RES Chris C. Munoz 1 of 1 R 3.00 D 0.00 Pueblo C!y Clk & Ree. RESOLUTION NO. 8940 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM TONY J. BELTRAMO & SONS, INC. WHEREAS, Tony J. Beltramo & Sons, Inc., on January 12, 2000, granted a thirty foot (30') wide Easement and Right of Way to the City of Pueblo; and WHEREAS, such Easement and Right of Way is necessary for the purpose of protecting a public sanitary sewer main. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Easement and Right of Way granted by Tony J. Beltramo & Sons, Inc., dated January 12, 2000, to the City of Pueblo, a copy of which is attached hereto, after having been approved as to form by the City Attorney, 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. ono h4 ATTEST: INTRODUCED February 28 ' 2000 C�II- • i . - •..f APPROVED: President of the Council City Clerk Council Agenda Title: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM TONY J. BELTRAMO & SONS, INC. Department: WASTEWATER DEPARTMENT ISSUE Agenda Item # Date: FEBRUARY 28, 2000 Should the City Council accept an Easement and Right of Way from Tony J. Beltramo & Sons, Inc., for the purpose of public sanitary sewer use. RECOMMENDATION Approval of the Resolution. BACKGROUND Tony J. Beltramo & Sons, Inc., is applying for a gravel mining permit from the Mined Land Reclamation Board for a permit on their property north of Stockyard Road, west of Reading Avenue. The city has a 24 -inch sanitary sewer collector main that bisects said property. The sewer was installed in 1908 along Broadway Street (now Portland Avenue) in the Wiley & Chamberlin Subdivision. This portion is in the County and the applicants surveyor has indicated that the street is vacated. Since the County has no record of the vacation and there is some uncertainty as to the status of the street, we have requested that the applicant grant the attached easement and right -of -way to protect the rights of the existing public sewer main. FINANCIAL IMPACT There is no financial impact upon the City due to this action. FUIED Mg` I 111111 1111111111111111 111111 1111111111 iii 111111111 IN 1322898 03/06/2000 10:14A EASE Chris C. Munoz 1 of 4 R 20.00 0 0.00 Pueblo Cty Clk 8 Rec. EASEMENT AND RIGHT OF WAY THIS EASEMENT AND RIGHT OF WAY, granted this - 1 /' 4 day of Al o v em 4 e /— , 19 V1 , by Tony J. Beltramo & Sons, Inc., a Colorado corporation, 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 in perpetuity, a thirty foot wide easement and right of way for public utility use, including but not limited to sanitary and storm sewer lines and facilities, and for an access and maintenance roadway in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described in and shown upon Exhibit "A" attached hereto. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control, inspection, repair, and reconstruction of utilities, together with the right to enter upon, over and across and to use so much of the adjoining lands of GRANTOR as may be necessary for the purpose of exercising its rights herein granted, and together with the right of subadjacent support for such public utilities and roadway. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted provided same does not in any manner interfere with or endanger any of GRANTEE'S utility lines, 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 any building or any other structure or equipment upon the easement herein granted. 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 easement and right -of -way against all persons who may lawfully claim title to the property. GRANTOR further covenants and agrees that GRANTOR shall at all times use its property and adjacent lands in such manner as not to cause damage to or impair in any manner GRANTEE'S utility lines, equipment or facilities, or GRANTEE'S access roadways, and upon any breach of such covenant, GRANTOR shall be liable to GRANTEE for the actual costs to repair such damage or to remove such impairment. This Easement and Right of Way and the covenants, terms and provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the GRANTOR and GRANTEE. iii 1322898 03/06/2000 10:14A EASE Chris C. Mu i 2 of 4 R 20.00 D 0.00 Pueblo Cty Clk 8 Rec. EXECUTED this GRANTOR: TONY J. BELTRAMO & SONS, INC. President V� The foregoing instrument was acknowledged before me in Pueblo County, Colorado this 12th day of January , jaj2009y Rnhert n Re1 tramp as President of Tony J. Beltramo & Sons, Inc., and by Joseph 'A Beltramo , its Secretary. Witness my hand and official seal. My commission expires: 5 -19 -2002 12th day of January 10 2000 l'L Notary Public COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. 111111111111111111111111111111111 1322898 03/06/2000 10:14A EASE Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT A An easement for a Sanitary Sewer in the South '/z of Section 32, Township 20 South, Range 64 West of the 6th P.M. in Pueblo County. Basis of Bearing: Bearings based on the South line of Section 32; North 88 °- 28' -54" West. The westerly corner is the S -1/4 corner, Section 32, a 3" alum monument LS #10093; The easterly corner is the South 1/16 corner, a No. 4 rebar with sury -cap LS #16128. An easement being 30 feet in width, 15 feet on each side of the following described centerline: Commencing at the South -1/4 corner of Section 32, Thence North 88 °- 24' -26" West, a distance of 199.37 feet along the south line of Sec. 32 to the true point of beginning; Thence North 0 °- 22' -02" West, 884.47 feet to the point of terminus on the southeasterly right -of -way for the abandoned SF &F Railroad No. 163. Side lines of said easement extend or shorten as necessary to intersect right of ways. 11111111111111111111111111111111111111111111111 IN III 1322898 03/06/2000 10:14A EASE Chris C. 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