HomeMy WebLinkAbout09055RESOLUTION NO. 9055
A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT
FROM THE OWNERS OF REAL PROPERTY LOCATED AT 2930
NORTH ELIZABETH, PUEBLO COLORADO
WHEREAS, the owners of the real property identified in attachment "A" have granted an
easement to the City of Pueblo.
WHEREAS, such easement is necessary to install a storm sewer on portions of the property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
SECTION 1
The easement granted by attachment "A ", a copy of which is attached hereto, having been
approved as to form by the City Attorney, is hereby approved and accepted.
SECTION 2.
The City Clerk is directed to cause the said easement to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith.
INTRODUCED July 10
, 2000
ouncilpers `n
APPROVED
President of City Council
ATTEST:
'6 City Clerk
Council Agenda
TITLE : A Resolution Accepting an Easement and Right of
Way From Owners of the Real Property Located
at 2930 North Elizabeth
DEPARTMENT: Public Works
ISSUE
AGENDA ITEM #
DATE : July 10,2000
Should the City Council accept an easement from the owners of the real property located at 2930 North
Elizabeth.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
This easement is necessary to allow for the construction of a storm sewer.
Attached are copies of the agreement and drawing showing the location of the easement.
FINANCIAL IMPACT
There is no finance impact upon the City due to this action.
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1343249 07/26/2000 11:05A EASE Chris C. Munoz
1 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree
EASEMENT AND RIGHT OF WAY
Resolution #9055
THIS EASEMENT, attached as Exhibits A & B, granted this 7 1 h day of June, 2000 by
Russell Ianne and Tony Ianne, Grantors, to Pueblo, a Municipal Corporation, Grantee:
WITNESSETt1:
TI IAT 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 20 foot easement and right of way for
the purpose of a storm sewer in, through, over, under and across Grantor's property situated
in Pueblo County, Colorado, described in the attached Exhibit "A" (the Property).
Grantor shall install the facilities, being a storm water drainage system (the Facilities) in
the Property (See Exhibit A) in accordance with plans and specifications therefore approved by,
and on file with Grantee, and thereafter, Grantor shall maintain the Facilities in good working
order and condition, and repair and replace the Facilities from the manhole (labeled Manhole
# 1 on Exhibit B) located on the sidewalk along Elizabeth to the East, spanning a distance to the
next existing manhole (labeled Manhole #2 on Exhibit B) approximately 222 feet. Grantee
shall maintain the Facilities from the Easterly manhole (labeled Manhole #2 on Exhibit B) to
the east adjoining property line.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain, repair and replace the Facilities on the area of responsibility of Grantor and recover
all costs and expenses thereof plus an administrative charge of 15 from the Grantor. For
such purposes, Grantee is granted the right to enter upon the Property and adjoining property
of Grantor. failure of Grantee to inspect, control, maintain, repair or replace the Facilities
shall not subject the Grantee to any liability for such failure.
Grantor reserves the right to use and occupy the Property for any purpose not
inconsistent with the privilege above granted and which will not interfere with or endanger
any 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 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 3U , 2000.
G RANI'
B l
Y
By
11 III
3249 07/26/2000 11.05A EASE Chris C. Munoz
COUNTY OF PUEBLO 2 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree
) ss.
STATE OF COLORADO
The fore oing instrument was acknowledged before me this
by 2., d t ILP rr .1uh r. .S21 n .
Witness my hand and official seal.
My commission expire s~ § *N jEXR' 0 2/ 1 2/202
day of �000
(SEAL) ,, �
4Notry P lic
EXHIBIT A
1 it
1343249 07/26/2000 11:05A EASE Chris C. Munoz
3 of 4 R 20.00 D 0.00 Pueblo Cty Clerk & Ree
20 Foot Easement
for Storm Sewer
Commencing at the Northeast corner of the West 362.97 feet of the South 66.1 feet of Tract 3, Evans
Subdivision according to the recorded plat thereof filed for record November 22, 1946, County of Pueblo,
State of Colorado, thence S 39° 03' 05" W a distance of 12.5 feet to the existing Manhole and the point of
beginning for the centerline of a 20 foot wide easement for purposes of a Stonn Sewer Easement (10) feet
on each side of the following centerline, described as follows:
1. N 86° 16' 00" W
2. S 41" 43' 23" W
3. S 87 12' 09" W
4. N 50 46' 56" W
5. N 90 00' 00" W
Prepared by:
a distance of 98.6 feet;
a distance of 66.8 feet;
a distance of 98.21 feet;
a distance of 53.54 feet;
a c, sUmce of 3.2 feet to the West property line of North Elizabeth Street.
June
rfiella, RLS #12697
2000
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