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HomeMy WebLinkAbout09107RESOLUTION NO. 9107 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM THE ESTATE OF EMMA RUBERSON WHEREAS, Elaine Hayes, formerly known as Elaine Williams, as personal representative of the Estate of Emma Ruberson, also known as Emma M. Ruberson, deceased, on August 21, 2000, granted a fifty foot (50') wide Easement and Right of Way to the City of Pueblo; and WHEREAS, such Easement and Right of Way is necessary of the purpose of constructing and maintaining 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 Elaine Hayes, formerly known as Elaine Williams, as personal representative of the Estate of Emma Ruberson, also known as Emma M. Ruberson, deceased, dated August 21, 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. INTRODUCED SPntember 11 1 2000 By Rich Golenda Councilp rs n APPROVED ij 'j President of City Council AT ST: City Clerk Council Agenda TITLE A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM THE ESTATE OF EMMA RUBERSON DEPARTMENT: WASTEWATER DEPARTMENT ISSUE AGENDA ITEM # I DATE :September 11, 2000 Should the City Council accept an Easement and Right of Way from the Estate of Emma Ruberson for the purpose of public sanitary sewer use. RECOMMENDATION Approval of this Resolution BACKGROUND Chamberlins Subdivision is located south of West 22 d street between Pueblo Boulevard and Scott Avenue. This Easement will allow the construction of a sanitary sewer main to serve Chamberlins Subdivision. This sanitary sewer will be constructed in accordance with the approved Sanitary Sewer Master Plan and construction plans. The construction of the sanitary sewer will be funded by the owner of Chamberlins Subdivision. FINANCIAL IMPACT There is no financial impact upon the City due to this action. �J o Resolution No. 9107 1111111111111111111111111111111111111111111111111111111 13 1350349 09/18/2000 09:57A EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clerk 8 Ree EASEMENT AND RIGHT -OF -WAY This Easement, granted on August t , 2000, by Elaine Hayes, formerly known as Elaine Williams, as personal representative of the Estate of Emma Ruberson, also known as Emma M. Ruberson, deceased, Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: That in consideration of the sum of One Dollar ($1) 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 sanitary sewer easement in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described in 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 purposes 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. 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 on August 21, 2000. GRANTOR: Elaine Hayes, formerly known as Elaine Williams, as personal representative of the Estate of Emma Ruberson, also known as Emma M. Ruberson, deceased STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on August 21, 2000, by Elaine Hayes, formerly known as Elaine Williams, as personal representative of the Estate of Emma 11111111!11111111111111111111 IN 111111 III 111111111 IN 1350349 09/18/2000 09:57A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clerk 8 Ree Ruberson, also known as Emma M. Ruberson, deceased, Grantor. Witness my official hand and seal. My Commission Expires: \ J&'rU.Lctg.(a r' Nota P lic - i "EXHIBIT A" LEGAL DESCRIPTION A part of the Northwest Quarter of the Northeast Quarter of Section 27, Township 20 South, Range 65 West of the Sixth P.M., County of Pueblo, State of Colorado, described as follows: Beginning at the Northwest Corner of the Northwest Quarter of the Northeast Quarter of Section 27; thence south along the west line of the Northwest Quarter of the Northeast Quarter of Section 27 S00 °44'57 "E, 30.00 feet to the True Point of Beginning; thence east along the south right -of -way line of West 22" Street N88 °43' 15 "E, 50.00 feet; thence S00 °44'57 "E, 155.00 feet; thence S88 °43' 15 "W, 50.00 feet to a point on the west line of the Northwest Quarter of the Northeast Quarter of Section 27, thence N00 0 44'57 "W along said west line of the Northwest Quarter of the Northeast Quarter of Section 27, 155.00 feet to the True Point of Beginning. Containing 0.178 Acres 1111111 11111 11111 11111 1111111 1111 11111111111111 1111 1111 1350349 09/18/2000 09:57A EASE Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clerk 8 Rec