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HomeMy WebLinkAbout10497RESOLUTION NO. 10497 A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 1700 BLOCK OF KEELER AVENUE, 1700 BLOCK OF MOORE AVENUE, AND THE 3100 & 3200 BLOCKS OF BAYSTATE WITHIN PUEBLO. COLORADO WHEREAS, the owners of real property identified in Attachment "A" have granted easements and rights of way to the City of Pueblo; and WHEREAS, such easements and rights of way are necessary to install a pedestrian sidewalk, ADA curb ramps at street corners, and relocate utilities across those portions of the properties listed on Attachment "A" and legally described in separate easements attached hereto and incorporated herein by reference (hereinafter referred to as the "Easements "). BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements granted, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED September 12, 2005 APP ' 9F CITY - CPYWIL • A, t BY Michael Occhiato Councilperson Background Paper for Proposed RESOLUTION k , X), C' I' loflq� AGENDA ITEM # / DATE: SEPTEMBER 12, 2005 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF EASEMENTS AND RIGHTS OF WAY FROM OWNERS OF REAL PROPERTY LOCATED IN THE 1700 BLOCK OF KEELER AVENUE, 1700 BLOCK OF MOORE AVENUE, AND THE 3100 & 3200 BLOCKS OF BAYSTATE WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept easements and rights of way from property owners for the purpose of providing additional right of way for construction of pedestrian sidewalks and relocating utilities. RECOMMENDATION Approval of this Resolution. These easements and rights of way are necessary to allow for the relocation of utilities for the construction of pedestrian sidewalks and associated ADA accessible curb ramps at the street corners. The sidewalk and corner curb ramp construction was initiated from a CDBG request. Attached is a summary sheet listing each property owner who has granted easements and rights of way.. FINANCIAL IMPACT None. ATTACHMENT "A" ADDRESS PROPERTY OWNER COMMENTS 1701 Keeler Avenue Tim Martinez Electrical utility aerial easement 1701 Keeler Avenue Tim Martinez Public sidewalk easement 1702 Keeler Avenue Manual A. & Judith E. Marez Electrical utility aerial easement 1702 Keeler Avenue Manuel A. & Judith E. Marez Public sidewalk easement 1701 Moore Avenue Deborah A. Hem & Chanda M. Sommers Electrical utility aerial easement 1701 Moore Avenue Deborah A. Hem & Chanda M. Sommers Public sidewalk easement 1702 Moore Avenue Debra Rena Wright & Joe Arnold Albrecht Electrical utility aerial easement 1702 Moore Avenue Debra Rena Wright & Joe Arnold Albrecht Public sidewalk easement 3107 Bay State Avenue Robert P. Mourning Public sidewalk easement 3201 Bay State Avenue Larry D. Maxwell Public sidewalk easement Resolution #10497 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 963 of 3 P Chris C. Munoz Pusb1oCtyC1k&Reo EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 20 day of KGIM 2005, by Tim Martinez Grantor, to PUEBLO, a Municipal 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, an easement and right of way for the purpose of electric utility aerial easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1701 Keeler Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & `B" 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 of 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 Grantee (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 2-0 day of AA gtl 2005. GRAMID BY COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 20 day of /�ttU,t 2005,by ! IWl or�rl ml�-, hand and official seal. expires: `� l �� 1 6 F �. OQ�` • Notary Public �f1� po�,,r•'��• Resolution #10497 II III I III I IIIIII IIII I II 1639 I of 3 P Chris C. Munoz PueCloCtyClk &Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 114�i day of -AAA / , 2005, by Manuel A. & Judith E. Marez Grantor, to PUEBLO, a Municipal/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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 1702 Keeler Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & "B" 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 of 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 Grantee (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 /V day of 1 2005. COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) GRANTOR: BY i C�v .L'�e r �/1/ C MANUEL A. MAREZ r DITH E. MAREZ The foregoing instrument was acknowledged before me this t day of -{4Y r , 2005, by Manuel A. Marez & Judith E. Marez. Witness my hand and official seal. / My commission expires: (S E A L) { l_ Notary Public i DPW 111 02/06/02d� MV Corn 1j1 n EX0l lo oB Resolution #10497 111111111111111111111111111111111111111111111111111111100 63 of 3 P Chris C Munoz Pueb1oCtyC1k&Reo EASE R 16. D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this b day of 7Ll y� , 2005, by Manuel A. & Judith E Marez Grantor, to PUEBLO, a Municipal Cor oration, 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, an easement and right of way for the purpose of electric utility aerial easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1702 Keeler Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & "B" 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 of 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 Grantee (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 �b day of Gt , 2005. GRANTOR: COUNTY OF PUEBLO ss. �J STATE OF COLORADO ) The foregoing instrument was acknowledged before me this dZ day of � c[Sf > zoos, by ���a�� J2.xd- u�€Mct�z Witness my hand and official seal. My commission expires: /e> /05 (SEAL NObyPIWC Notary Public W DP 111 wftdc400do 02/06/02 MyCommlsslort Exo!res 10105 /200" Resolution #10497 III III IIII IIII I II II II III II II 9s3 1006P Chris C. Munoz Pueb1oCtyC1k6Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2-5 day of R C ✓U 2005, by Tim Martinez Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 1701 Keeler Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & "B" 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 of 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 Grantee (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 23 day of FCbv LA 1 2005. �. lu UUUVVV V . 1 1 14J 1101 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 2 3 day of . i U 2005, by Tim Martinez. hand and official seal. expires: 9-)aePl a �eQ�& Notary Public CC ,rrr / Resolution #10497 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 163 of 3 6P Chris C. Munoz PuebloCtyClk &Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2 ,0 day of —j L44 , 2005, by Deborah A. Hem and Chanda M. Sommers Grantor, to PUEBLO, a Muhicipal 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, an easement and right of way for the purpose of electric utility aerial easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1701 Moore Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & "B" 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 of 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 Grantee (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 ZO day of 2005. GRANTOR: BY � p (� (� 1 7 A�.0�Y� �.0 . A 1�A 1J COUNTY OF PUEBLO ) C) io-n6& ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 20 day of J a 1 2005, by Leh .rn q= Chb� A . a � . + � a am per S ,u•^ ,. ltness my hand and official seal. 6&,nmissionexpires: 1 4IZIP109 W p�ARr • a � ; %p Notary Public Resolution #10497 III IIII IIII III I I II II IIII III II g639272 Chris C. Munoz PuebloCtyClkBRec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 20 day of — ,6 t Y , 2005, by Deborah A. Hearn and Chanda M. Sommers Grantor, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar (51.00) 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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 1701 Moore Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & `B" 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 of 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 Grantee (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 20 day of July , 2005. GRANT tL- DE BO R AH . � v .• M. SOMMERS COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this z0 day of 2005, by Deborah A. Hearn and Chanda M. Sommers. hand and official seal. N nissl l onexpires: 412[nI Notary Public � OF' comp Resolution #10497 VIII VIII IIIIII IIII IIII IIII II III 163 of 3 P Chris C. Munoz Pueb1oCtyC1k &Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 0 3 0? day of 2005, by Debra R. Wright & Joe A. Albrecht Grantor, to PUEBLO, a Municipal 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, an easement and right of way for the purpose of electric utility aerial easement over Grantor's property situated in Pueblo County, Colorado, commonly known as 1702 Moore Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & `B" 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 of 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 Grantee (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 0� 21( day of d r �n laly-� 1 2005. GRANTOR: BY q COUNTY OF PUEBLO ) c Ct ) ss. D STATE OF COLORADO ) The foregoing instrument was acknowledged before me this V y ~ day of 210 2005, by p ebra R Ad a.rA M A AlL f Witness my hand and official seal. My con ion expires: 2-,0,9 5 oPf to Public DPW 111 02/05/02 mom'. ?�/�3�.,.- o / pT OF CCU .• Resolution #10497 IIII VIII III III IIIIIiI IIIIIIII IIIII III Page: of 3 P Chris C. Munoz Puehl OCtyC1k4Reo EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 2 5 day of VD4 t-1 , 2005, by Debra Rena Wright & Joe Arnold Albrecht Grantor, to PUEBLO, a Municipal 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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 1702 Moore Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & `B" 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 of 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 Grantee (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 — 2-5 day of H 6L* � 1 2005. BYRANT /04J COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) DPBRA RENA W RIGIA JOE ARNOLD ALBRECHT The foregoing instrument was acknowledged before me this S day of 2005, by Debra Rena Wright and Joe Arnold Albrecht. and official seal. tt `,� -9; 9is?fi expires: (s _ E L J ti °; \C'j °'J .� (P (o8 A- Notary Public Resolution #10497 II III III I III I II III IIII III 963 of 3 P Chris C. Munoz Pueb1oCtyC1k &Rec EASE R 16.00 D 0.00 EASEMENT AND RIGHT OF WAY ti THIS EASEMENT, granted this ! day of , 2005, by Larry D. Maxwell Grantor, to PUEBLO, a Municipal 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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 3201 Bay State Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & °B" 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 of 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 Grantee (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 t /\ day of 2005. M / M � D. MAXWELL COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this cS /\ day of 2005, by Larry D. Maxwell. Witn ss my hand and official seal. My commission expires: GU� (SEAL) . ..C.... ...... /d rsTA 3Z X ' \ Notary Public DPW I I I 9 —J.' 02/06/02 F 00 Resolution #10497 c V 16. 00 g639 3 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this day of 13 + ;� w a r y 2005, by Robert P. Mourning Grantor, to PUEBLO, a Municipal 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, an easement and right of way for the purpose of public sidewalk in through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as 3107 Bay State Ave. and described as follows: (the Property). SEE ATTACHED EXHIBITS "A" & "B" 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 of 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 Grantee (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 a * h day of a n t�e r 1 2005. G OR: BY �e ROBERT P. MOURNING COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 5 y day of 1 2005, by Robert P. Mounting. Wi ess my hand and official seal. My commission (SEAL) DPW 111 02/06/02 M 2rXJb' " E �YaRY o y� ^ . F OF COI. Notary Public