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Home My WebLink About12041 RESOLUTION NO. 12041 A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM SUMMO INC., A COLORADO CORPORATION Pinion Ridge Commercial WHEREAS, the owners of real property within a portion of Center subdivision has granted an easement and right of way to the City of Pueblo; and WHEREAS, such easement and right of way is necessary to install public utilities. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement granted, copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: December 27, 2010 BY: Judy Weaver COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: DECEMBER 27, 2010AGENDA ITEM # M-4 DEPARTMENT: PUBLIC WORKS DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY FROM SUMMO INC., A COLORADO CORPORATION ISSUE Should the City Council accept an easement and right of way from Summo Inc., a Colorado Corporation for the purpose of public utilities? RECOMMENDATION Approval of this Resolution. BACKGROUND This easement and right of way is necessary to allow for the installation of public utilities within a portion of Pinion Ridge Commercial Center subdivision. FINANCIAL IMPACT None. Reception 1863366 01/03/2011 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this 7th day of December, 2010, by Summo Inc., a Colorado Corporation 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, a 20.00 foot wide easement and right of way for the purpose of Public Utilities , in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows. (the "Property ") See 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 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 7th day of December , 2010. GRANTOR BY "_i e — Jo'f ✓. usso, President mmo, Inc., a Colorado Corporation COUNTY OF PUEBLO ) / ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this / 7 day of Da.Q,P , aO e) , by John C. Musso, President for Summo, Inc., a Colorado Corporation Witness my hand and official seal. _ _ My commission expires: O3/4 -4-0// i. ./ (SEAL) ___f ,r — ru — Notary Public t Th ?r 5 F4 1 NOTARY PUBLIC S TATE OF COLO My commission expires.(. .,a 0) / 1863366 EASE 01/03/2011 03 57 52 PM Page 2of 3 R2100D000T21 00 Gilbert Ortiz Clerk/Recorder Pueblo County Co I �I� I III Ill l%lL�Ia101 P dll I e O a Z LOT 1 Z 1. BLOCK 1 PINION RIDGE 0 rri COMMERCIAL CENTER m —( (RECEPTION NO 1795379) Z y ZO S 01°16'01 W 364.87' A m 1. OO ��11d • 1 .z... . - - "Ot k l• N O N N r i O , `' Q C Q -, / 13 � ' cp m z O O CO �7J z nZOo n o r.Z 7 7N y 64 ? � Z O „ c, o j " Q r°1-1 w zm o ti t \ '8 -1 _ —I ril .31. / So lb 0 Cr) N r ------- rn r.r..-1 y° CQ n 4, = N y 4, C1 c)--a y 03 v • — Z I1 9 o Z S 00 ° 13 ' 12 ' W 295.53 N. n 111 2 o � rn y O NO rn rnz A � m 70 F 0 rn O `J y 0 Z z 0 @� C rn O 0 7O z C 70 Z t rn-- -1 U' 1.., ` j� o r m ^ m Q- N G �l O ! T ri) o o � C� O = r ol m Z w Zr n N.1 m Q Z rl w ' to N y tm N . o J J 1 rn 41::\NNii ZI c) 4 Le,153 ir v::1-::2 53: am j tC gi mN 8= INTERSTATE NO 25 .;,- FRONTAGE ROAD • 1863366 EASE 01/03/2011 03 57 52 PM Page 3 of 3 R 21 00 D 0 00 T 21 0 Gilbert Ortiz Clerk /Recorder Pueblo Count y Co P b i'L l ie Rini 11111 PUBLIC UTILITY EASEMENT A Public Utility Easement located within a portion Lot 2, Block 1, Pinion Ridge Commercial Center, being within a portion of the NW '/4 of Section 1, Township 20 South, Range 65 West of the Principal Meridian, being more particularly described as follows The North 20 00 feet of Lot 2, Block 1, Pinion Ridge Commercial Center, according to the recorded plat thereof, filed for record February 10, 2009 at Reception No 1795379 in the records of the Pueblo County Clerk and Recorder ��— A/0 V. /4 Zo / RAN G REEVES DATE PROFESSIONAL LAND SURVEYOR NO 22101 % W.! �:� 2210 :O '°o,<• /1 lO 'lo oil' ��S ,oNAL LPNOc,,`,. Reception 1863367 01/03/2011 Subordination Agreement WHEREAS, Summo, Inc., the owner of the real property described in Exhibit "A" to the attached Easement and Right of Way, has executed and conveyed the easement on the real property described above to Pueblo, a Municipal Corporation, and, WHEREAS, the owner of the real property described above executed and granted that certain deed of trust recorded on May 11, 2009 at Reception No 1804826 (the "Deed of Trust ") in the records of the County Clerk and Recorder for Pueblo County, State of Colorado, before executing and granting the easement described above to Pueblo, a Municipal Corporation, and, WHEREAS, Frontier Bank, a branch of First National Bank in Lamar, a national bank ( "Lender ") is the current holder of all right, title and interest under the Deed of Trust; and, WHEREAS, Lender desires that the encumbrance created by the easement described in the attached Easement and Right of Way be paramount and superior to the hen of the Deed of Trust; and WHEREAS, Lender desires that the lien created by the Deed of Trust be subordinate to the encumbrance created by the easement described above. NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Lender does hereby subordinate the lien of the Deed of Trust to the right, title and interest held by the Pueblo, a Municipal Corporation under the Easement and Right of Way described above. Subordinating Lender Frontier Bank, a branch of First National Bank in Lamar By' Name. -- RQ∎19 y (:;4 h Title \ e--ks ► * STATE OF COLORADO } } ss. COUNTY OF PUEBLO } The foregoing instrument was acknowledged before me this rl* day of Lc)ecerrikPil. 2010 by R , l^€ the \I CC, Prec, de a - t - of Frontier Bank, a branch of First National Bank in Lear My commission expires. OD- 0 [1-4 Witness my hand and official seal. • M M ARY PU CORREA BLI • E O CO L ORADO _I ► 1,4/1 R � l ,0?hh1DV [SEAL] Notary Public 1863367 SUB_AG 01/03/2011 03 57 52 PM Page 2 of 2 R 16 00 0 0 00 T 16 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co ��riIIL1APEI° : 41,Mi1inlin 11#110"1 M1111