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HomeMy WebLinkAbout112191758902 RES 02/20/2008 03:25:56 PM Page: 1 of I R 6.00 D 0.00 T 6.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1111 K KN«IM Jar KA Mti AM W 10b ,III I RESOLUTION NO. 11219 A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE NICOLLS /GERSICK FAMILY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement between the City of Pueblo, a Municipal Corporation, and the Nicolls /Gersick Family, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2. This Resolution shall become effective upon final passage and approval a INTRODUCED: February 11, 2008 BY: .lirriv Waavar COUNCILPE r ii APPROVED: PRESIDENT OF CITY COUNCIL Ps w2-19 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: FEBRUARY 11, 2008 DEPARTMENT: WASTEWATER DEPARTMENT GENE MICHAEL, DIRECTOR TITLE A RESOLUTION ACCEPTING A SANITARY SEWER EASEMENT BY AND BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND THE NICOLLS /GERSICK FAMILY ISSUE Should the City Council accept a sanitary sewer easement regarding Lots 1 -6 (including that portion of vacated Grand Avenue as applicable), Block 3, Gladstone Park? RECOMMENDATION Approve this Resolution LT�el�al�I:l 7 The Nicolls /Gersick Family is granting to the City of Pueblo a 20 -foot wide sanitary sewer easement through lots 1 -6 (including that portion of vacated Grand Avenue as applicable), block 3, Gladstone Park for the purpose of upsizing and maintaining a sanitary sewer main. FINANCIAL IMPACT None. Res. 11219 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this �— day of ,Januav , 2009 b Villham N lColl , Onpnee N ICol ; e- 1 Grantors, to PUEBLO, a Municipal Corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of certain Landscaping and Fencing Improvements agreed upon by the Grantor and Grantee as shown in the attached exhibits A and B, 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 a sanitary sewer in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, commonly known as the East 20 feet of lots 1 -6 (including that portion of vacated Grand Avenue as applicable) Block 3 Gladstone Park 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 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 Dq day of , � nuar u 200 COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) M The foregoing instrument was acknow before me this � day of JaY11lQl� 0 am Nt[O�1 .EJa'Ir,e N col RIto- Get Witness my hand and official seal. 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