HomeMy WebLinkAbout13672RESOLUTION NO. 13672
A RESOLUTION APPROVING AN AGREEMENT
BETWEEN ELAINE R. HAYES AND BRYAN G.
RUBERSON AS TRUSTEES OF THE EMMA RUBERSON
BAMBER REVOCABLE TRUST AND PUEBLO, A
MUNICIPAL CORPORATION FOR EASEMENTS
GRANTING TO THE CITY A TEMPORARY EASEMENT
AND A SANITARY SEWER EASEMENT, AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Agreement dated April 24, 2017, between Elaine R. Hayes and Bryan G.
Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust and the City of
Pueblo, a Municipal Corporation for the extension of sanitary sewer improvements, a
copy of which is attached and incorporated, having been approved as to form by the
City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute said
Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix
the seal of the City thereto and attest to the same.
SECTION 3.
The officers and staff of the City are directed and authorized to perform any and
all acts consistent with the intent of this Resolution and the attached Agreement to
effectuate the transactions described there.
SECTION 4.
This Resolution shall become effective upon final passage and approval.
INTRODUCED April 24, 2017
BY: Robert Schilling
City Clerk’s Office Item # M-12
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
April 24, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: A RESOLUTION APPROVING AN AGREEMENT BETWEEN ELAINE R.
HAYES AND BRYAN G. RUBERSON AS TRUSTEES OF THE EMMA
RUBERSON BAMBER REVOCABLE TRUST AND PUEBLO, A
MUNICIPAL CORPORATION FOR EASEMENTS GRANTING TO THE
CITY A TEMPORARY EASEMENT AND A SANITARY SEWER
EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE SAME
SUMMARY:
This Resolution approves an Agreement between the Elaine R. Hayes and Bryan G.
Ruberson as Trustees of the Emma Ruberson Bamber Revocable Trust (“Ruberson”)
granting a temporary easement and a sanitary sewer easement for sanitary sewer
improvements related to the Southern Colorado Clinic Annexation property.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
This Resolution approves an easement agreement for the extension of sanitary sewer
improvements related to the Southern Colorado Clinic Annexation property. A sanitary
sewer is required to be installed between the Southern Colorado Clinic property and
Sanitary Sewer Manhole #415823.4bordering Wild Horse Arroyo to allow for a sewer
line connection into the City’s sanitary sewer system. The agreement provides the City
with a permanent sanitary sewer easement, a temporary construction easement, and a
perpetual right to enter the property to construct, maintain, control and repair the
sanitary sewer line. The easement agreement requires the City to provide the following:
1. Ruberson shall be paid the sum of Six Thousand Dollars ($6,000).
2. The City will provide a six (6) inch size sewer tap on the sanitary sewer line
installed by the City. The sanitary sewer tap will be installed on the west side
of the Wild Horse Arroyo. The City will waive all tap and capital investment
fees associated with the sewer tap, and will also install a stub on the west
side of the sewer line sufficient to provide a six (6) inch size sanitary sewer
line for Ruberson.
FINANCIAL IMPLICATIONS:
The City will pay Ruberson a total of $6,000.00 in cash from the City of Pueblo
Wastewater Enterprise Fund. As additional compensation, the City will provide a six (6)
inch size sewer tap on the sanitary sewer line installed by the City. The sanitary sewer
tap will be installed on the west side of the Wild Horse Arroyo. The City will waive all tap
and capital investment fees associated with the sewer tap, and will also install a stub on
the west side of the sewer line sufficient to provide a six (6) inch size sanitary sewer line
for Ruberson.
BOARD/COMMISSION RECOMMENDATION:
None.
STAKEHOLDER PROCESS:
The acceptance of this property by the City is supported by property owners who own
property north and west of Baker Steamer Road, and have annexed their property into
the City.
ALTERNATIVES:
If City Council does not approve this Resolution, other options including the
condemnation of an easement crossing the Ruberson property will need to be
considered for wastewater service to be provided for the Southern Colorado Clinic
property.
RECOMMENDATION:
Approval of the Resolution.
Attachments: Agreement with Attachments
re: Resolution 13672
Reception 2073121
06/14/2017 03:27:51 PM
EASEMENT
THIS EASEMENT, granted this a(o day of GI- , 2015, by ELAINE R. HAYES
and BRYAN G. RUBERSON as Trustees of the Emma Ruberson Bamber Revocable Trust, GRANTOR, to
CITY OF 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 for the purpose of a sanitary sewer line and other
utility lines and services and an access way in, through, over, under and across GRANTOR'S property
situated in Pueblo County, Colorado, and described as follows:
See attached Exhibit A
TOGETHER WITH the right to enter upon the property for the purposes of construction,
maintenance, control and repair, and together with 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 upon the
easement herein granted.
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 (b) will defend GRANTEE'S quiet and peaceful
possession of the Property and easement against all persons who may lawfully claim title to the
property.
"GRANTEE"shall include the plural and the feminine. This Easement 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 w day of (V jl,t1T , 2015.
GRANTOR:
EMMA RUBERSON BAMBER REVOCABLE TRUST
By .4_4 _ 1111,17
Elaine Elaine R. Hayes, Trustee /
/ '41407
Bry.1c Ruberson, Trustee
2073121 EASE 06/14/2017 03:27:51 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
STATE OF COLORADO ) 11111 PiPa 11 Ai:14 1T ikle.i«h it li rihr 111',111114, 11111
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COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of' ,
2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my hand' official seal. i
My commission expir-• Isrt _ _ t \0 , ol-E'l �"'•
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COUNTY OF iI 'icl`S) , NOTARY ID 20004021230
MY COMMISSION EXPIRES JANUARY 21,2019
The foregoing instrument was acknowledged : • A00, ..' • 11,' • , 0-5 by
Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my hand and official seal.
My commission expires: -ski if o2), 201-
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2073121 EASE 06/14/2017 03:27:51 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
1III1M 'L ?O 11111
EXHIBIT A
SANITARY SEWER EASEMENT
LAND DESCRIPTION
An easement for Sanitary Sewer purposes through a portion of the S '/2 of the NE '/ of Section
22, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, being 30 feet in width, 15 feet on each side of the following described centerline:
Considering the West line of the NW '/4 of the NE 'A of Section 22, Township 20 South, Range
65 West of the 61h P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative
thereto.
Commencing at the Southwest corner of the NW '/4 of the NE 'A of said Section 22; thence N.
88°38'27" E., along the South line of the NW ''A of the NE '/4 of said Section 22, a distance of
947.24 feet to the Point of Beginning; thence S 24°29'06" E., a distance of 214.33 feet; thence S.
03°08'14" E., a distance of 820.78 feet; thence S. 41°13'28" E. a distance of 379.32 feet to the
South line the S '/2 of the NE 'A of said Section 22 and the Point of Terminus.
The external easement lines shall be lengthened or shortened to meet the North and South lines
of the S 1/2 of the NE 'A of said Section 22.
I, John S. Sakariason, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information and belief.
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Colorado P.L.S. 38269
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
February 3, 2014
JN 12 020 01
Page 1 of 2
2073121 EASE 06/14/2017 03:27:51 PM
Page: 4 of 4 R 28.00 D 0.00 T 28.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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re: Resolution 13672
Reception 2073122
06/14/2017 03:27:51 PM
TEMPORARY EASEMENT
THIS EASEMENT, granted this 02(o day of mQ. , 2015 by
ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the E a Ruberson Bamber
Revocable Trust, 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 temporary easement for the purpose of
construction, in,through, over,under and across Grantor's property situated in Pueblo County,
Colorado, commonly known as a portion of Section 22, Township 20, South Range 65 West 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. 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 This temporary easement shall be released upon completion of
construction at the Grantee's sole expense. Grantee's equipment or facilities shall be relocated to
the permanent easement(s) at Grantee's sole expense in a manner not to impede Grantor's right
for access in,through, over, under and across Grantor's property.
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(b) will defend Grantee's quiet and
peaceful possession of the Property and easement against all persons who may lawfully claim
title to the property.
"Grantee"shall include the plural and the feminine. This Temporary Easement 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 die day of ala , 2015.
GRANTOR
EMMA RUBERSON BAMBER REVOCABLE TRUST
By
4414:=te--4)4-yed,
Elaine R. Hayes, Trustee
By ,ie / / c,La
Bryan uberson, Trustee
20731227gT_ERSE 06/14/2017 03:27:51 PM
Page: 20 of-4
f Ortiz Clerk/Recorder8. D0 Pueblo
00Y Co
STATE OF COLORADO ) Gilb) ss �11111 RIFE, 11.11144 i LiN'M''iiy 11:1.11,AIOW,1111li'.Ylti'i, 11 III
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this2U- dIay of /1 bi ,
2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber..Revelcable Trust. d
Witness my han. 1 official seal. ,;) 1 J_(_,0 = /
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My commission expire.. vt&_ , , .
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NOTARY PUBLIC
STATE OF OFTw,k6v.L ) STATE OF COLORADO
)ss NOTARY ID 20004021230
COUNTY OF 'rl Ck_) MY COMMISSION EXPIRES JANUARY 21,2019
The foregoing instrument was acknowledged before me this Zv day of /lay , 2015 by
Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my hand and official seal.
My commission expires:sJt,/y „22, 2011 /�
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• 2073122 T_EASE 06/14/2017 03:27:51 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
11111 FUR F144h;101% 111
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
LAND DESCRIPTION
A Temporary Construction Easement through a portion of the SW 1/4 of the NE 1/4 of Section 22,
Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of
Colorado, being 70 feet in width, 35 feet on each side of the following described centerline:
Considering the West line of the NW '/4 of the NE 1/4 of Section 22, Township 20 South, Range
65 West of the 6th P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative
thereto.
Commencing at the Southwest corner of the NW 1/4 of the NE '/1 of said Section 22; thence N.
88°38'27" E., along the South line of the NW 1/4 of the NE '/4 of said Section 22, a distance of
892.93 feet to the Point of Beginning; thence S 24°29'06" E., a distance of 226.26 feet; thence S.
03°08'14" E., a distance of 828.62 feet; thence S. 41°13'28" E. a distance of 354.90 feet to the
South line the SW 1/4 of the NE 1/4 of said Section 22 and the Point of Terminus.
The external casement lines shall be lengthened or shortened to meet the North and South lines
of the SW 1/4 of the NE 1/4 of said Section 22.
I, John S. Sakariason, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information and belief.
•
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John S. Sakariason
Colorado P.L.S. 38269
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
February 3, 2014
JN 12 020 01
Page 1 of 2
2073122 T_EASE 06/14/2017 03:27:51 PM
, Page: 4 of 4 R 28.00 D 0.00 T 28.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
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EASEMENT AGREEMENT
This Easement Agreement ("Agreement") effective this 24th day of April, 2017, by and between
Elaine R. Hayes and the Bryan G. Ruberson as Trustees of the Emma Ruberson Bamber
Revocable Trust(hereinafter referred to as "Grantor") and the City of Pueblo, a Colorado Municipal
Corporation. whose address is One City Hall Place, Second Floor, Pueblo, CO 81003
("Grantee"). Both Grantor and Grantee hereinafter may be individually referred to "Party" and
collectively referred to as "Parties."
Recitals
WHEREAS, Grantor owns real property ("Property"), under which Improvements (as
defined in Section 1 below)will pass; and
WHEREAS, Grantee has determined that its Improvements (as defined in Section 1
below) must be constructed, installed, and maintained under the Property;
NOW, THEREFORE, in consideration of the promises, mutual covenants and
agreements contained herein, and other good and valuable consideration, the receipt of which
is hereby acknowledged, the Parties agree as follows:
Agreement
1. Compensation for Permanent Sanitary Sewer Easement and Temporary
Construction Easement. In consideration of Grantor granting Grantee a Permanent
Sanitary Sewer Easement described on the attached Exhibits A and a Temporary
Construction Easement described on the attached Exhibits B, Grantor has been paid the
sum of Six Thousand and 00/100ths Dollars ($6,000.00).
2. Conveyance of Permanent Sanitary Sewer Easement. Grantor hereby grants to
Grantee a perpetual, non-exclusive permanent easement to enter, occupy, and use the
real property legally described in "Exhibit A" attached hereto, to construct, reconstruct,
install, use, operate, maintain, repair, replace, and upgrade the pipeline, meters, valves,
manholes, and all necessary underground cables, wires, and appurtenances thereto,
including, but not limited to, electric or other control systems, cables, wires, connections,
and surface appurtenances ("Improvements") and to make any cuts and fills in the earth
necessary to the performance of such work associated with the installation of a
permanent sanitary sewer, in, on, under, through, over and across such real property
("Permanent Easement"). The surface shall be restored pursuant to Section 6 herein.
3. Conveyance of Temporary Construction Easement. Grantor hereby grants to Grantee
a non-exclusive temporary easement to enter, occupy, and use the real property
legally described in "Exhibit B" attached hereto, to construct and install the pipeline,
meters, valves, manholes, and all necessary underground cables, wires, and
appurtenances thereto, including, but not limited to, electric or other control systems,
cables, wires, connections, and surface appurtenances ("Improvements") and to make
any cuts and fills in the earth necessary to the performance of such work associated with
the installation of a permanent sanitary sewer, in, on, under, through, over and across
such real property ("Temporary Easement"). The surface shall be restored pursuant to
1
Section 6 herein. The term of the Temporary Construction Easement shall end upon
completion of the construction and installation of the Sanitary Sewer Line under the
Property.
4. Ingress and Egress. Grantee shall have the perpetual right of reasonable ingress and
egress in, to, through, over, under, and across the Property for access to and from any
roads, highways, streets, alleys, or any other point to the Permanent Easement and
Temporary Easement in order to perform Grantee's rights in the Permanent Easement
and Temporary Easement. To the maximum practicable extent, Grantee shall use
existing gates, roads, trails or facilities to avoid disruption of Grantor's operations on the
Property.
5. Grantor's Rights Unaffected. Except as provided in Section 5 below, Grantor shall
retain the right to make full use of the Property, except for such use as might
unreasonably endanger or interfere with the rights of Grantee in the Permanent
Easement and Temporary Easement.
6. Installations within Permanent Easement. Grantor shall not construct or place any
permanent structure or building on any part of the Permanent Easement. Grantor shall
not change, by excavation or filling, the present grade, ground level of the Permanent
Easement or the installed Improvements without the prior written consent of Grantee,
which consent shall not be unreasonably withheld. Grantor shall not construct or alter
landfills, wetlands, land excavations, water impoundments including storm water quality
features or facilities, and other land uses within the Permanent Easement unless the
prior written consent of Grantee is provided, which consent shall not be unreasonably
withheld. Additionally, Grantor shall not construct any new, or alter any existing landfills,
wetlands, water impoundments, and other similar uses within the Permanent Easement,
which might, in Grantee's reasonable discretion, endanger or interfere with any
Improvements, including, but not limited to, Grantee's rights of maintenance and
reasonable access, without the prior written consent of Grantee, which consent shall not
be unreasonably withheld.
7. Surface Restoration to Land. Grantee shall replace, repair, or reimburse Grantor
for the reasonable cost of replacement or repair of physical damage to Grantor's
Improvements on the Property, except as modified to accommodate Grantor's
improvements, whether or not within the Permanent Easement, but only if such damage
is caused by Grantee's construction, reconstruction, use, operation, maintenance, repair,
replacement, upgrading, or removal of its Improvements. In the construction,
reconstruction, installation, use, operation, maintenance, repair, replacement, upgrading,
removal of its Improvements, or for any ingress on the Property by Grantee or anyone
on behalf of the Grantee, Grantee shall promptly restore, replace, or repair the surface of
the Property to as close to its condition immediately prior to such work as may be
reasonably possible. Despite anything contained herein to the contrary, Grantee shall
not be liable for damage to, nor shall it be obligated to repair or replace, any structures,
buildings, or any other articles whatsoever, which are constructed, installed within the
Permanent Easement after construction of the Pipeline is complete in violation of the
terms of this Agreement including, but not limited to, any tree(s) that interfere with the
Improvements or Grantee's rights in the Permanent Easement.
2
8. Maintenance of Permanent Easement. Grantee shall have the perpetual right to cut,
trim, control, and remove trees, brush, and other obstructions which injure or
unreasonably interfere with the Grantee's use, occupation or enjoyment of the
Permanent Easement, or Grantee's right to construct, reconstruct, install, use, operate,
maintain, repair, replace, upgrade, or remove its Improvements, without liability for
damages arising therefrom.
9. Subjacent and Lateral Support. Grantor shall not impair any lateral or subjacent
support for the Improvements.
10. Nature of Easement. The Permanent Easement is perpetual and runs with the land. It
also is deemed to touch and concern the land. The exercise of any rights in the
Permanent Easement other than those retained by Grantor shall be within the sole
discretion of Grantee.
11. Sanitary Sewer Tap. Subject to the requirements of Section 16-4-2 (4) of the Pueblo
Municipal Code, Grantee shall provide Grantor with a six (6) inch size sewer tap on the
sanitary sewer line that will extend 10 feet from the main, installed by Grantee. The
sanitary sewer tap will be installed on the west side of the Wild Horse Arroyo. Grantee will
waive normal tap and capital investment fees associated with the sewer tap. Grantee will
also install a stub that is a maximum of 10 feet long on the west side of the sewer line
sufficient to provide a six (6) inch size sanitary sewer line for Grantor.
12. Waiver. The failure of either Party to insist, in any one or more instances, upon a strict
performance of any of the obligations, covenants, or agreements herein contained, or
the failure of either Party in any one or more instances to exercise any option, privilege,
or right herein contained, shall in no way be construed to constitute a waiver,
relinquishment or release of such obligations, covenants, or agreements, and no
forbearance by either Party of any default hereunder shall in any manner be construed
as constituting a waiver of such default.
13. Governing Law and Jurisdiction, This Agreement shall be construed in accordance
with the laws of the State of Colorado. In the event of litigation, this Agreement shall be
enforceable by either Grantor or the Grantee. In the event of any dispute over this
Agreement or its subject matter, the exclusive venue and jurisdiction for any litigation
arising hereunder shall be in the District Court of Pueblo County, Colorado and each
Party hereby submits to the jurisdiction of said state District Court. To the full extent
permitted by law, each Party hereby waives its right to a jury trial.
14. Binding Effect. Each and every one of the benefits and burdens of this Agreement shall
inure to and be binding upon the respective legal representatives, heirs, executors,
administrators, successors, transfers, agents, and assigns of the Parties.
15. No Third Party Beneficiaries. Except as expressly provided otherwise, this Permanent
Easement is intended to be solely for the benefit of the Parties and shall not otherwise
be deemed to confer upon or give to any other person or third party any remedy, claim,
cause of action or other right.
16. Severability. The provisions of this Agreement are severable. Illegality or unenforce-
ability of any provision herein shall not affect the validity or enforceability of the remain-
ing provisions in this Agreement.
3
17. Incorporation of Exhibits. All exhibits described in and attached to this Agreement
are herein incorporated by reference.
18. Notice. Any notice provided in accordance with this Agreement, shall be in writing and
shall be sent by delivery service, or mailed by certified mail, postage prepaid and return
receipt requested to either Party's address as shown below ("Notice"). Such Notice shall
be effective upon the date received and acknowledged by signature of the Party that
receives Notice. Either Party may change its address to which any Notice is to be delivered
under this Agreement by giving Notice as provided herein.
Grantee: City of Pueblo Attn: City Manager
One City Hall Place, Second Floor
Pueblo, CO 81003
Grantor: Elaine R. Hayes, Trustee of the Emma Ruberson
Bamber Revocable Trust
4016 Ridge Drive
Pueblo, CO 81009-1720
Grantor: Bryan G. Ruberson, Trustee of the Emma Ruberson
Bamber Revocable Trust
1320 Stoney Pointe Way
Avon, IN 46123
19. This Agreement represents all the terms and conditions of the Permanent
Easement granted by Grantor and can only be modified in a writing signed by both
Parties.
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement effective as
of the day and year first above written.
GRANTOR:
EMMA RUBERSON BAMBER REVOCABLE TRUST
By: )
Elaine R. Hayes, Trustee
GRANTOR:
EMMA -UBERSON =AM ER REVOCABLE TRUST
4111.r.
any
Ruberson, Trustee
4
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
TFc.oregoing instrument was acknowledged before me this /1 day of
�� �� �� , 2017 by Elaine R. Hayes, Trustee of the Emma Ruberson Bamber
Revocable Trust.
Witness my hand and official Seal.
My commission expires: / 2—/i 5/ 00 7 4
, .1A
Notary Public 'AVID LYTHE
NOTARY PUBLIC
STATE OF COLORADO
STATE OF NOTARY ID 19874123478
MY COMMISSION EXPIRES 12/15/2017
ss.
COUNTY OF )
The f regoing instrument was acknowledged before me this ' ' day of
#//71/ 2017 by Bryan G. Ruberson, Trustee, Trustee of the Emma
Ruberson amber Revocable Trust. V `,"� ''
�',. OFFICIAL CFAL
"! j ` MICH1LLE L. CHLLLSON
Witness my hand and official Seal i :W,a,
`�'.,'" ��;�' NOiAR'(PUBLlC-INDIANA
ASA ` MORGAN COUNTY 8
/ My Comm.Expires Feb.14,2021 3
My commission expires: / '��. �e �^~1 ����ti
� ' ' 1'
Notary r ubl.
GRANTEE: _
CITY OF PU = • o.Gp
A C C. • -70-MI ICIP CORPORATION oy- ,Ii ; /I.#A t)
resident of City Council: Stephen �''."ac i I(o4
<'' .I
�;«osw r.vt !
ra.nor
ATTEST: \' ,sem•-- '
� I �IIrIII� ��c
City Clerk: rex�da \\ )t(410
'o TO'
�� lir' j r�
5
re: Resolution 13672
EXHIBIT A
EASEMENT
THIS EASEMENT, granted this 8(' day of , 2015, by ELAINE R. HAYES
and BRYAN G. RUBERSON as Trustees of the Emma Ruberson Bamber Revocable Trust, GRANTOR, to
CITY OF 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 for the purpose of a sanitary sewer line and other
utility lines and services and an access way in, through, over, under and across GRANTOR'S property
situated in Pueblo County, Colorado, and described as follows:
See attached Exhibit A
TOGETHER WITH the right to enter upon the property for the purposes of construction,
maintenance, control and repair, and together with 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 upon the
easement herein granted.
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 (b) will defend GRANTEE'S quiet and peaceful
possession of the Property and easement against all persons who may lawfully claim title to the
property.
"GRANTEE"shall include the plural and the feminine. This Easement 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 . ;i(o day of r'Y�,A4 , 2015.
GRANTOR:
EMMA RUBERSON BAMBER REVOCABLE TRUST
Elaine R. Hayes, Trustee /
By 24-Z , �`Zltr�iG
Bry n Ruberson, Trustee
STATE OF COLORADO )
) ss
COUNTY OF PUEBLO )
J
The foregoing instrument was acknowledged before me this/2 day of
2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust.
It
Witness my hand . A official seal.
My commission expir--. Imp. r j ` , -c I ;,�„_ �1
Notary Pudic"
1 RENEE D FASANO
STATE OF 1-V iau ,4' ) I NOTARY PUBLIC
I, II, )ss STATE OF COLORADO
COUNTY OF NevtifiCKs) i NOTARY ID 20004021230
MY COMMISSION EXPIRES JANUARY 21,2019
The foregoing instrument was acknowledged •' . ' EV. •.• • "•r -' , • 5 by
Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my hand and official seal.
My commission expires: �U1V 62), 2017-
..../ ;_ice
di/ilinry Public
• �111f_ ._
OFFICIAL SEAL
\ ,,x,;;�,. 1 GAVIN TANDY
v, NOTARY PUBLIC-INDIANA
# HENDRICKS COUNTY S
My Comm. Expires Ju 22,2018 Q
2
EXHIBIT A
SANITARY SEWER EASEMENT
LAND DESCRIPTION
An easement for Sanitary Sewer purposes through a portion of the S 1/2 of the NE '/s of Section
22, Township 20 South, Range 65 West of the 6th 1'.M. in the County of Pueblo and State of
Colorado, being 30 feet in width, 15 feet on each side of the following described centerline:
Considering the West line of the NW '/4 of the NI'. '/ of Section 22, Township 20 South, Range
65 West of the 6th P.M. to bear N. 01°27'00" W. and all bearings contained herein being relative
thereto.
Commencing at the Southwest corner of the NW '/ of the NE '/4 of said Section 22; thence N.
88°38'27" E., along the South line of the NW '/A of the NE '/ of said Section 22, a distance of
k 947.24 feet to the Point of Beginning; thence S 24°29'06" E.,a distance of 214.33 feet;thence S.
03°08'14" E.. a distance of 820.78 feet; thence S. 41°13'28" E. a distance of 379.32 feet to the
South line the S '/2 of the NE 1/4 of said Section 22 and the Point of Terminus.
The external easement lines shall be lengthened or shortened to meet the North and South lines
of the S '/2 of the NE ''/ of said Section 22.
I, John S. Sakariason, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information and belief.
rpt► N
Lie
Fl++�+ 'f
o'st 38289 • :g
fftPd, • Ira �
;4L LAN
John S. Sakariason
Colorado P.L.S. 38269
For and on Behalf of
NorthStar Engineering and Surveying, Inc.
February 3,2014
JN 12 020 01
Page 1 of 2
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Exhibit B
TEMPORARY EASEMENT
THIS EASEMENT,granted this At, day of , 2015 by
ELAINE R. HAYES and BRYAN G. RUBERSON as Trustees of the Ei a Ruherson Bamber
Revocable Trust,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 temporary easement for the purpose of
construction,in,through,over, under and across Grantor's property situated in Pueblo County,
Colorado,commonly known as a portion of Section 22, Township 20, South Range 65 West 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. 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 This temporary easement shall be released upon completion of
construction at the Grantee's sole expense. Grantee's equipment or facilities shall be relocated to
the permanent easement(s)at Grantee's sole expense in a manner not to impede Grantor's right
for access in,through,over, under and across Grantor's property.
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(b)will defend Grantee's quiet and
peaceful possession of the Property and easement against all persons who may lawfully claim
title to the property.
"Grantee"shall include the plural and the feminine. This Temporary Easement 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 alp day of Malt ,2015.
GRANTOR
EMMA RUBERSON BAMBER REVOCABLE TRUST
Elaine R. Hayes, Trustee
� / l
l-x11. L) f / // L
By k. ! `�...... As/ /�:�!-1_.k 1.LA ILL �'Z t i-40 G2.e__
Bryan U uberson, Trustee
STATE OF COLORADO )
) ss
COUNTY OF PUEBLO )
?if
The foregoing instrument was acknowledged before me this-, Cday of /11Q(,_,.'
2015 by Elaine R. Hayes as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my han. an. official seal 1
;1 ( ( ,
My commission expi . 'a 1 , A _ l y ''- ,_^� •J
.----- Allrili!d"� iil•�.�
N. 4. .:III -1.1.141',re
STATE OF �' NOTARY PUBLIC
)
lid _ STATE OF COLORADO
I Ir )ss NOTARY ID 20004021230
COUNTY OF rt ri C -) MY COMMISSION EXPIRES JANUARY 21,2019
The foregoing instrument was acknowledged before me this 112_day of /144y , 2015 by
Bryan G. Ruberson as Trustee of the Emma Ruberson Bamber Revocable Trust.
Witness my hand and official seal.
My commission expires:JG l y 27, 2o11 — '/,i
.0.-- Ty Public
MCC,' OFFICIAL SEAL
'45:c44it:A GAVIN TANDY
/�. ! NOTARY PUBLIC-INDIANA ti
�.r HENORICKS COUNTY
x Cam. - J 22,1018,,
2
EXHIBIT A
TEMPORARY CONSTRUCTION EASEMENT
LAND DESCRIPTION
A "Temporary Construction Easement through a portion of the SW ''A of the NE ';�of Section 22,
Township 20 South, Range 65 West of the 6`l' P.M. in the County of Pueblo and State of'
Colorado, being 70 feet in width, 35 feet or each side of'the following described centerline:
Considering the West line of the NW !% of the NE V of Section 22, "Township 20 South, Range
65 West of the 61" P.M. to hear N. 01'27'00" W. and all hearings contained herein being relative
thereto.
Commencing at the Southwest corner of the NW ;% of the NI'. '/:, of said Section 22; thence N.
88°38'27" E., along the South line of the NW i of'the NE 11 of said Section 22, a distance of
892.93 feet to the Point of Beginning; thence S 24°29'06" T':.. a distance of 226.26 feet: thence S.
03°08'14" E., a distance of 828.62 feet; thence S. 41'13'28" F. a distance of 354.90 feet to the
South line the SW %,of the NE %4 of said Section ?2 and the Point of Temtinas.
The external easement lines shall be lengthened or shortened to meet the North and South lines
of the SW 1/1 of the NE '/, of said Section 22.
1, John S. Sakariason, being a licensed Professional Land Surveyor in the State of Colorado, do
hereby state that this Land description and exhibit, being made a part hereof, were prepared under
my responsible charge and are accurate to the best of my knowledge, information and belief.
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