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