HomeMy WebLinkAbout09113RESOLUTION NO. 9113
A RESOLUTION ACCEPTING AN EASEMENT AND
RIGHT OF WAY FROM JOE B. & LOIS BERNARD
WHEREAS, Joe B. & Lois Bernard, on August 28, 2000, granted a sixteen foot
(16) 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
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 Joe B. & Lois Bernard, dated August
28, 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.
SFCTinN 9
The City Clerk is directed to record said easement in the office of the Pueblo County
Clerk and Recorder.
INTRODUCED September 25 , 2000
ATTEST:
BY
By: Rich Gol enda
Councilperson
APP ED:
A, l
President of Council
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k-'V 1,1111;11 lAgcllua
Title: A RESOLUTION ACCEPTING AN
EASEMENT AND RIGHT OF WAY FROM
JOE B. & LOIS BERNARD
Department: WASTEWATER DEPARTMENT
ISSUE
Agenda Item #
Date: SEPTEMBER 25. 2000
Should the City Council accept an Easement and Right of Way from Joe B. & Lois
Bernard, for the purpose of public sanitary sewer use.
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
A portion of the 3000 block of W. 28th Street was recently annexed into the City of
Pueblo. Following the annexation, the residents requested sanitary sewer service. A
CDBG Grant has been approved for the installation of the sewer. In order to serve the
lots in the area, an easement was obtained from the Bernard's. This easement will
allow for construction and maintenance of the new sanitary sewer main.
FINANCIAL IMPACT
This project will be funded by CDBG Grant.
G'�JC�C3L��
Reso. #9113
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1362236 10/02/2000 09:59A EASE Chris C. Munoz
1 of 2 R 10.00 0 0.00 Pueblo Cty Clerk & Rec
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this day of PrU GU &i
2000, by JOE B. & LOIS BERNARD, GRANTOR, to PUEBLO, Mua PUEBLO,
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
sixteen foot 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 ")
The West sixteen (16') feet of Lots 18 & 19 and South 1 /2 of Lot 20,
Block 15, La Veta Park, County of Pueblo, State of Colorado.
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 ag fh day of YqU CCU "� , 2000.
GRANTOR
By:
JOE B. B RNARD
By _ I e �?14,Et J
LOIS BERNARD
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this QS day of
2000, by Joe. B Bernard and Lois Bernard.
Witness my hand and official seal.
My commission expires: y �25I 4
Notary Public
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1352236 10/02/2000 09:59A EASE Chris C. Mu
2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Rae
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