HomeMy WebLinkAbout05731Reception 979203
7/10/1992
ORDINANCE NO. 5731
AN ORDINANCE APPROVING THE PLAT OF
GATEWAY SUBDIVISION, 4TH FILING
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
QRrTTnM 1
The final plat of Gateway Subdivision, 4th Filing, being a subdivi-
sion of land legally described as follows:
A parcel of land in the Southeast one - quarter (SE 1/4) of
the Northeast one - quarter (NE 1/4) of Section 14, Township
20 South, Range 65 West of the 6th Principal Meridian, being
a portion of the tract of land described in Book 2030 at Page
302 of the Pueblo County Records and being more particularly
described as follows:
Considering the East line of Section 14, Township 20 South,
Range 65 West of the 6th P.M., to bear N 00 0 02'07" E, and all
bearings contained herein being relative thereto.
Beginning at the Southeast (SE) corner of Gateway Subdivision,
Second Filing, according to the recorded plat thereof, filed
for record March 29, 1988, in Book 2391 at Page 111 of the
Pueblo County records in the North Right -of -Way line of U.S.
Highway No. 50; thence N.12 0 06'00" E. and along the East line
of Lot 1, Block 1, in said Gateway Subdivision, Second Filing,
a Distance of 393.00 feet, to the Northeast corner of said Lot
1; thence N.77 ° 52'46" W. and along the North line of said Lot
1, a distance of 230.00 feet, to the Northwest corner of said
Lot 1 and in the East Right -of -Way line of Fortino Boulevard,
as platted in Gateway Subdivision, First Filing, according to
the recorded plat thereof, filed for record June 26, 1979;
thence N.12 ° 06'00" E. (S.12 0 06'55" W., Plat), along the East
Right -of -Way line of Fortino Boulevard, as platted in Gateway
Subdivision, First Filing, according to the recorded plat thereof,
filed for record June 26, 1979, a distance of 60.00 feet, to the
Southwest corner of Lot 1, Block 1, Gateway Subdivision, Third
Filing, according to the recorded plat thereof, filed for record
in Book 2418 at Page 610, Pueblo County Records; thence 5.77 0 52'
46" E. and along the South line of Lot 1, Block 1 in said Gateway
Subdivision, Third Filing, extended, a distance of 331.57 feet,
to a point of curve; thence Southeast and along the arc of a
curve to the right, whose radius is 400.00 feet, a distance of
125.07 feet, (the chord of which bears S.68 ° 55'20" E, a distance
eooK2602 PA,cES47
of 124.56 feet), to a point of Tangency; thence S.59
57'53" E., a distance of 204.93 feet, to a point of
curve; thence Southeast and along the arc of a curve
to the left, whose radius is 340.00 feet, a distance of
178.02 feet (the chord of which bears S.74 ° 57'53" E., a
distance of 176.00 feet), to a point of tangency; thence
S.89 0 57'53" E., a distance of 100.00 feet, more or less,
to the East line of said Section 14; thence S.00 0 02'07"
W. and along the East line of said Section 14, a distance
of 391.05 feet, to the intersection of the East line of
said Section 14 with the North Right -of -Way line of U.S.
Highway No. 50; thence N.77 0 53'33" W. (S 77 0 53'05 "E,
deeded) and along the said North Right -of -Way line of
U.S. Highway No. 50, a distance of 774.87 feet, more or
less, to the point of beginning, containing 7.07 acres
more or less,
is hereby approved. All dedicated streets, utility and drainage easements,
rights -of -way and land set aside for public sites, parks and open spaces
shown and dedicated on said plat are hereby accepted for public use.
The acceptance of such dedicated streets, rights -of -way, utility and
drainage easements, public sites, parks and open spaces by the City does not
obligate the City to maintain or repair same until such streets, rights -of -way,
utility and drainage easements, public sites, parks and open spaces have been
constructed and installed in compliance and in accordance with the requirements
and provisions of Chapter 4, Title XII of the 1971 Code of Ordinances, as
amended and any agreement entered into pursuant thereto.
SECTION 3.
This ordinance shall become effective immediately upon final passage
and approval.
-2-
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AZ
Clerk
Bov2602 PAP '848
INTRODUCED December 9 , 1991
By JOHN CALIFANO
Councilperson
APPROVED ~
Pre si ent of a Council
-3-
Reception 979204
7/10/1992
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this -] 1�% day
of C t , 191 , by and between the CITY OF PUEBLO,
a Municipal Corporation, hereinafter referred to as "City,"
and -J A nA 55 15- D E A ,
hereinafter referred to as "Subdivider."
W I T N E S S E T H:
WHEREAS, Subdivider has subdivided or is about to sub-
divide a certain tract of land located in the City and legally
described as set forth in Exhibit "A," which is attached
hereto and incorporated herein; and
WHEREAS, the Subdivider, as a condition of approval of
the final plat of 6 " Q-( Subdivision, rpofz111 FiL -(ilk
1
wishes to enter into this Subdivision Improvements Agreement
as authorized by Chapter 4, Title XII of the 1971 Code of
Ordinances; and
WHEREAS, Subdivider is required pursuant to Section 12- 4 -7(J)
of the 1971 Code of Ordinances of the City to construct and
install certain public improvements as set forth in Exhibit
"B," which is attached hereto and incorporated herein; and
WHEREAS, pursuant to Chapter 4, Title XII of the 1971
Code of Ordinances Subdivider is obligated to provide security
or collateral sufficient in the judgment of the City Council
to make reasonable provisions for the construction and
completion of the required public improvements set forth in
Exhibit "B."
NOW THEREFORE in consideration of the following mutual
covenants and agreements, the City and Subdivider agree as
follows:
1. Subdivider agrees within one hundred and eighty (180)
days after application for a building permit to construct any
building or structure on any building site within the sub-
division, or upon the issuance of a certificate of occupancy
for any such building or structure, whichever is sooner,
Bou 2602 PAv'850
to construct and install at his sole cost and expense all of
those public improvements set forth in Exhibit "B," which
is attached hereto and incorporated herein.
2. In lieu of installing the required public improvements
set forth in Exhibit "B" within one hundred eighty (180) days,
Subdivider or any subsequent owner of the land or any portion
thereof shall deposit cash or other collateral with the
Director of Finance of the City, or with any bank or trust
company licensed in the State of Colorado, subject to an escrow
agreement approved by the City Attorney. The holder of such
cash or collateral shall pay all or any portion thereof to
the City upon demand after the time for completion of all
required improvements by Subdivider or subsequent owner shall
have expired. Such deposit or escrow agreement shall be
hereinafter referred to as the "deposit."
3. The amount of the deposit shall be computed by the
City's Director of Public Works by estimating the total costs
of all uncompleted improvements required by this section within
the block at the time application for building permit is
made. The amount of the deposit required by this alternative
shall be not less than 25% of such estimate plus the costs of
extending all required sewer and water lines from the nearest
existing sewer and water lines to the proposed building site
for which a building permit is sought, plus the costs of extending
curb, gutter, sidewalk and paving from the edge of the sub-
division or existing improvements of a like nature whichever
is nearer to the proposed building site. In any case where
the block, as hereinafter defined, shall exceed one thousand
(1,000) feet in length between intersecting streets, the estimate
of the City Director of Public Works under this paragraph may
be reduced to the total costs of all uncompleted improvements
in at least one -half of such block, and the required deposit
shall be based upon such decreased estimate, provided, however,
Subdivider shall undertake to provide a turnaround of at least
sixty (60) feet in diameter at the mid -block point and barracade
said streets so that no through traffic shall be permitted
beyond the point to which the estimate of the Director of
aooK 26002 P,�cE'851
4. Within one hundred eighty (180) days after subsequent
application for a building permit to construct any building
or structure upon any building site within the block, or
upon the issuance of a certificate of occupancy for any such
building or structure, whichever is sooner, Subdivider shall
likewise deposit an amount not less than the estimate of the
Director of Public Works for all required improvements from
existing improvements to the proposed building site, less any
previous deposits made hereunder upon building sites lying
between the most recently proposed site and existing improvement.
5. The City may treat the amount of such deposit as a
debt due the City from Subdivider or subsequent owner, which
debt shall be a lien upon all the land in the Subdivision
and notice of lien may be filed for record in the office of
the County Clerk and Recorder at any time after such default.
Action upon such debt may be instituted by the City within six
(6) years from the date of filing such lien for record. All
remedies provided for herein are cumulative and the use of
one shall not prohibit the use of another.
6. Upon payment of each such deposit, the City Director
of Public Works shall release the proposed building site from
the terms of this Agreement.
7. As a condition of approval of this Subdivision,
and to meet the requirements of Section 12- 4 -7(J) of the
1971 Code of Ordinances, Subdivider specifically agrees that
no building permit or certificate of occupancy shall be issued
by the Pueblo Regional Building Department until a certificate
of compliance has been approved and issued by the City Director
of Public Works and duly recorded in the Office of the Pueblo
County Clerk and Recorder which certifies that those public
improvements set forth in Exhibit "B," or that portion of
said improvements as shall be necessary to totally serve
specific lot(s) or block(s) for which building permits or
certificates of occupancy are sought and which are covered
by a particular certificate of compliance, have been properly
designed, engineered, constructed, and accepted as meeting the
specifications and standards of the City.
BOOK 2602 PAH ' 852
These restrictions on the issuance of building permits
and certificates of occupancy shall run with the land and
shall extend to and be binding upon the heirs, executors,
legal representatives, successors and assigns of Subdivider
and may be specifically enforced by the City.
8. Acceptance of this Subdivision by the City does not
constitute an acceptance of the roads, park, and other public
improvements for maintenance by the City. Until such roads
and other park and public improvements have been installed
and meet the requirements, standards, and specifications
of the City, its Subdivision ordinances, and any applicable
Parks Department specifications, and such are specifically
approved and accepted in writing by the City Director of
Public Works, and, if appropriate, the City Director of
Parks and Recreation, the maintenance, construction, and all
other matters pertaining to or affecting said roads, park
and other public improvements and rights of way are the sole
responsibility of the Subdivider or any subsequent owners)
of the land within this Subdivision.
9. The required time for completion of all such improve-
ments by Subdivider within such block shall be one (1) year
from the date of application for the first building permit
issued within such block. Upon completion and written approval
and acceptance of such improvements within the required time
and the payment of all inspection costs by Subdivider, the
Director of Public Works shall cause all obligations of Sub-
divider relating to such improvements within such block to be
released. If said improvements are not completed within the
required time, the City Director of Public Works may cause the
proceeds of all deposits or other collateral or monies in
escrow to be used to complete the same. If sufficient monies
are available at the end of the required time to complete all
such improvements herein required for the entire length of
such block, the Director of Public Works shall cause all
collateral or monies in escrow to be reduced in cash and shall
deposit the same with the Director of Finance and such cash
shall be used to complete that portion of the improvements the
Boor 2602 P�H'853
Director of Public Works shall determine. Until all improve-
ments are completed and approved by the Director of Public
Works, Subdivider and the subdivided land shall remain liable
and responsible therefor.
10. For purposes of this Agreement, the word "block"
shall mean both tiers of lots fronting or abutting upon the
street which the proposed building or structure shall front
to the rear property line of such lots, or the center line
of the alley, if there is an alley, enclosed at either end
by a street which intersects both tiers of lots, and shall
include the full width of all streets upon which such lots
abut.
11. Subdivider agrees to provide the City with a current
title insurance commitment at the time of final platting
evidencing that fee simple title of all lands in the Subdi-
vision is totally vested with the Subdivider free and clear
of any and all encumbrances. If such land is not free and
clear, the holder of such indebtedness shall subordinate its
interest or encumbrance to this Agreement and all its terms,
conditions, and restrictions.
12. It is mutually agreed that the City or any purchaser
of any lot(s) within this Subdivision shall have the authority
to bring an action in any Court of competent jurisdiction
to compel the enforcement of this Agreement or any amendment
thereto. Such authority shall include the right to compel
rescission of any sale, conveyance, or transfer of any lot(s)
or tract(s) contrary to the provisions of the Ordinances of
the City or this Agreement.
13. The parties hereto mutually agree that this Agreement
may be amended from time to time by mutual consent provided
that such amendment be in writing and be signed by all parties
hereto.
-5-
• � r ��++ c � o
14. This Agreement shall extend to and be binding upon
the successors and assigns of the City and upon the heirs,
administrators, executors, successors, assigns, and legal
representatives of Subdivider, and shall be placed on record
in the Office of the County Clerk and Recorder of Pueblo
County, Colorado, and shall constitute an agreement running
with the land until released as hereinabove set forth.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by its duly authorized
and acting officers and the seal of the Subdivider set hereon.
ls;mas Subdivider
(S E A L)
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
By
r
,`- The foregoing instrument was acknowledged before me this
day of � l) ST ► 199 - L, by _)AMec �, c�� nJG�d L ►
Subdivider.
My commission expires:
,. li:1 i1111r1 (,
v
t - � •e c at♦ li
Notary Public
{ JA Address Zap( C- ranr1 Q✓2
6
1,4 CITY OF PUEBLO, a Municipal
Corporation
B
Presi nt of th Council
o
`�TES"VC
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Ott • : x,.13
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
9th day of Julv , 19 92 , by Fay B. Kastelic
as President of the City Council, and Marian D. Mead
as City Clerk of the City of Pueblo, Colorado.
My commission expires:
'*'day 29, 1994
z 07 A ;A��
� S Ck L)
0 F 4 ti •� 1tP,
Addres
Pueblo, CO 81003
APPROVED AS TO FORI4:
3;�� -
City Attor e
- 7 -
Boor 2602 +LF'855
EXHIBIT "A"
LEGAL DESCRIPTION
Boos 2602
A PARCEL OF LAND IN THE SOUTHEAST ONE - QUARTER (SE 1/4) OF THE
NORTHEAST ONE (NE 1/4) OF SECTION 14, TOWNSHIP 20 SOUTH,
RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING A PORTION OF THE
TRACT OF LAND DESCRIBED IN BOOK 2030 AT PAGE 302 OF THE PUEBLO COUNTY
RECORDS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
CONSIDERING THE EAST LINE - OF SECTION 14, TOWNSHIP 20 SOUTH,
RANGE 65.WEST OF THE 6TH P- M-, TO BEAR N 00 ° 02'07" E , AND ALL
BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO-
BEGINNING AT THE SOUTHEAST (SE) CORNER OF GATEWAYSUBDIVISION,
SECOND FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR
RECORD MARCH 29 1988, IN BOOK 2391 AT PAGE 111 OF THE PUEBLO COUNTY
RECORDS, IN THE NORTH RIGHT LINE OF U.S. HIGHWAY N0. 50;
THENCE N.12 0 06'00" E.AND ALONG THE EAST LINE OF LOT 1, BLOCK 1, IN
SAID GATEWAY SUBDIVISION, SECOND FILING, A DISTANCE OF 393.00 FEET,
TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE N.77 0 52'46" WAND ALONG
THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 230.00 FEET, TO THE
NORTHWEST CORNER OF SAID LOT 1 AND IN THE EAST RIGHT LINE OF
FORTINO BOULEVARD, AS PLATTED IN GATEWAY SUBDIVISION, FIRST FILING,
ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD .JUNE
26,1919; THENCE N.12'06'00" E. (S.12 °06' 55" W., PLAT), ALONG THE EAST
RIGHT LINE OF FORTINO BOULEVARD, AS PLATTED IN GATEWAY
SUBDIVISION, FIRST FILING, ACCORDING TO THE RECORDED PLAT THEREOF,
Fl -IED FOR RECORD .JUNE 26, 1979, A DISTANCE OF 60.00 FEET, TO THE
SOUTHWEST CORNER OF LOT 1, BLOCK 1, GATEWAY SUBDIVISION, THIRD
.FILING, ACCORDING TO THE RECORDED PLAT THEREOF, FILED FOR RECORD IN
BOOK 2418 AT PAGE 610, PUEBLO COUNTY RECORDS; THENCE S.77 ° 52'46" E.
AND ALONG THE SOUTH LINE OF LOT 1 BLOCK 1 IN SAID GATEWAY
SUBDIVISION, THIRD FILING, EXTENDED, A DISTANCE OF 331.57 FEET, TO A
POINT OF CURVE; THENCE SOUTHEAST AND ALONG THE ARC OF A CURVE TO THE
RIGHT, WHOSE RADIUS IS 400.00 FEET, A DISTANCE OF 125.07 FEET, ( THE
CHORD OF WHICH BEARS S.68 0 55'20" E,, A DISTANCE OF 124.56 FEET), TO A
POINT OF TANGENCY; THENCE S.59 ° 57'53" E,, A DISTANCE OF 204.93 FEET,
TO A PINT OF CURVE; THENCE SOUTHEAST AND ALONG THE ARC OF A CURVE TO
THE LEFT, WHOSE RADIUS IS 340.00 FEET, A DISTANCE OF 178.02 FEET
THE CHORD OF WHICH BEARS S.74 °57 E, A DISTANCE OF 176.00 FEET),
TO A POINT OF TANGENCY; THENCE &89 0 57'53" E, A DISTANCE OF 100.00
FEET., MORE OR LESS, TO THE EAST LINE OF SAID SECTION 14; THENCE S.
00 W AND ALONG THE EAST LINE OF S A I D SECTION 1 1 1, A DISTANCE OF
391.05 FEET, TO THE INTERSECTION OF THE EAST LINE OF SAID SECTION 14
WITH THE NORTH RIGHT OF LINE OF U.S. HIGHWAY N0. 50; THENCE N.
77 0 53'33" W (S 77 0 53'05" E, DEEDED) AND ALONG THE SAID NORTH
RIGHT LINE•OF U.S. HIGHWAY N0. 50, A DISTANCE OF 774-8 FEET,,
MORE OR LESS, TO THE POINT OF BEGINNING- CONTAINING 7.07* ACRES.
SUBDIVISION NAME:
DEVELOPER:
ENGINEER:
STREET IMPROVEMENTS
1. DEMOLITION
a.
Existing
b.
Existing
c.
Existing
d.
Existing
e.
Existing
f .
Median
curb & gutter
storm inlets
sidewalk
concrete pan
asphalt
2. CONSTRUCTION
a. Asphalt curb
b. Curb & utter
c. 4' or 6' Side
L.F.
Ea.
L.F.
L.F.
294 S. Y.
50 L.F.
529
Sidewalk
2554
d.
Asphalt W= 36'
S. F.
e.
Asphalt Overlay
53
f.
Asphalt Patch
S. Y.
g.
Monument Box
8
h.
Street lights
L.F.
i.
15" Storm pipe
445
7.
24" Storm pipe
L.F.
k.
30" Storm .pipe
87
1.
- 6" - Storm pipe
Ea.
M .
34" X 53" Storm pipe
1
n.
38" X 60" Storm pipe
Ea.
o.
Type S Inlet, L=
4
p.
Type S Inlet, L=
6
q.
Type S Inlet, L=
10
r.
Type S Inlet, L=
Ea.
S.
- 12 7-
8 Sanitary Sewer w7MH
t.
Manhole Type 1 -b
1 Ea.
U.
Manhole Type 1 -c
75
V.
Water Dia. 8"
Ea.
W.
Water Dia. 12"
X.
Barricade
x1.
Sidewalk drains
x2.
HC Ramps
x3.
Concrete pan
x4.
Median (Type 2)
x5.
Rip Rap
x6.
38 "X60" FES
x7.
Earthwork
a. Asphalt curb
b. Curb & utter
c. 4' or 6' Side
L.F.
Ea.
L.F.
L.F.
294 S. Y.
50 L.F.
529
L. F.
2554
L. F.
1488
S. F.
684
L. F.
53
Ton
2557
S. Y.
7
Ea.
8
Ea.
34
L.F.
37
L.F.
445
L.F.
697
L.F.
462
L.F.
87
L.F.
1
Ea.
2
Ea.
1
Ea.
1
Ea.
1349
L.F.
2
Ea.
5
Ea.
998
L. F.
445
L. F.
1
Ea.
2
Ea.
6
Ea.
1 Ea.
157
L.F.
75
Ton
1
Ea.
1
L. S.
at
$
L.F.
at
$
Ea.
at
$
L.F.
at
$
L.F.
at
$
3.00 S. Y.
at
$
10.00 L.F.
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
at
PREPARED BY: William T. Boies
APPROVED BY: -
City of Pueblo
oft' f"
EX �� �� � BOOf 2602 P.AGr ' 057
EX B IMPROVEMENTS
Gateway Subdivision 4th Filin
James E. O'Neal
William T. Boies
$ 5.00 L.F.
$ 7.00 L.F.
$ 2.00 S. F.
$ 49.50 L.F.
$ 35.00 Ton
$ 13.50 S. Y.
$ 450.00 Ea.
$ 1200.00 Ea.
$ 25.00 L. F.
$ 33.00 L.F.
$ 41.50 L. F.
$ . 58.00 L.F.
$ 87.00 L. F.
$ 96.00 L.F.
$ 900.00 Ea.
$ 1300.00 Ea.
$ 2000.00 Ea.
$ 2400.00 Ea.
$ 40.00 L.F.
$ 1000.00 Ea.
$ 1200.00 Ea.
$ 41.00 L.F.
$ 23.00 L. F.
$ 500.00 Ea.
$ 1288.00 Ea.
$ 250.00 Ea.
$_ 1000 00 Ea.
$ 14.00 L.F.
$ 30.00
$ 3000.00
$ L. S.
TOTAL
DATE:
$ 882,00
$ 500.00
$ 2,645.00
$ 17,878.00
$ 2,976.00
$ 33,858.00
$ . 1,855.00
$ 34,519.50
$ 3,150.00
$ 9,600.00
$ 850.00
$ 1,221.00
$ 18,467.50
$ 40,426.00
$ 40,194.00
$ 8,352.00
$ 900.00
$ 2,600.00
$ 2,000.00
$ 2,400.00
$ 53,960.00
$ 2,000.00
$ 6,000.00
$ 40,918.00
$ 10,235.00
$ 500.00
$ 2,400.00
$ 1,500.00
$ 1,000.00
$ 2,198.00
$ 2,250.00
$ 3,000.00
$ 42,978.00
$ 394,213.00
DATE.: .t2.
Recption 979205
7/10/1992
EASEMENT
This easement Y
is ranted on 91 b JAMES
E. O'NEAL ( "Grantor ") to PUEBLO, a Municipal Corporation
( "Grantee "):
In consideration of Ten Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which is
acknowledged by Grantor, Grantor grants to Grantee, its successors
and assigns, a 20 foot sewer easement for sewer lines and other
public facilities upon, over, under and across Grantor's real
property. Such sewer easement is legally described as follows:
A 20 foot sewer easement being a portion of the E 1/2 of
the NE 1/4 of Section 14, Township 20 South, Range 65
West of the 6th Principal Meridian, being more
particularly described as follows:
Lying 10 feet on each side of the following described
centerline:
Beginning at a point on the east line of said Section 14,
from which point the northeast corner of said Section 14
bears North 00 °02 East, a distance of 2242.41 feet;
Thence North 89 0 57 1 53" West, a distance of 15.00 feet,
to the True Point of Beginning; Thence North 00 °02
East and parallel with the East line of said Section 14,
a distance of 760.47 feet, more or less, to the south
right -of -way line of Fortino Boulevard and the Point of
Terminus.
The Grantor reserves the right to use the property adjoining
the easement for purposes not inconsistent with the rights granted
in this Easement. The Grantor, however, shall neither erect nor
place any structures, buildings or trees on the property. The
Grantee shall not be liable for their removal if so placed.
The Grantor shall construct the sanitary sewer. The Grantee
shall maintain and repair such sewer after Grantee has approved
and accepted the easement for maintenance purposes.
Grantor covenant and warrants that Grantor is the fee owner
of the property, has good and lawful right to convey the property,
and the property is free of all liens and encumbrances.
This basement shall run with the land and be binding upon and
inure to the benefit of the Grantee and Grantor and their
respective heirs, personal representatives, successors and assigns.
The singular includes the plural and the masculine includes the
feminine and neuter.
PAGE 1 OF 2
Signed on , 1991.
GRANTOR:
By:
r
Bm 2602 P�r,:'859
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
he foregoing instrument was acknowledged before me on
tz_ , 1991, by James E. O'Neal, Grantor.
x commission expires:
:••' "'••: y,r,'lp commission expires 10 -05 -94 --
-I IN R Y `4500 Lookout 'Road
86blder, CO 80301
G
Notary ub is
PAGE 2 OF 2
Reception 979206
7/10/1992
TEMPORARY EASEMENT
This easement, is granted on 1991, by James
E. O'Neal ( "Grantor ") to PUEBLO, a Mu icipal Corporation ( "Grantee ")
In consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by
Grantor. Grantor grants to Grantee, its successors and assigns, a 20 foot
temporary drainage easement for drainage lines and other public facilities upon,
over, under and across Grantor's real property. Such temporary drainage ease-
ment islegally described as follows:
A 20 foot temporary drainage easement lucated in a portion of the SA
of the NW4 of Section 13 and in a portion of the SE-'4 of the NE- of
Section 14, all in Township 20 South, Range 65 West of the 6th Principal
Meridian, being more particularly described as follows:
Lying 10 feet on each side of the following described centerline::
Beginning at a point on the east line of said Section 14, from
which point the northeast corner of said Section 14 bears North 00
02' 07" E., a distance of 2242.41 feet; thence North 89 57' 53"
West, a distance of 15.00 feet to the True Point of Beginning; Thence
North 00 02' 07" East and parallel with the East line of said
Section 14, a distance of 35.5 feet; thence South 89 57' 53" East,
a distance of 90.41 feet; thence North 600 49' 34" East, a distance
of 724.64 feet, to the centerline of existing easement as recorded
in Book 2386 at Page 167 of the Pueblo County Records, thence South
89 44' 36" East and along said easement line a distance of 19.0 feet
to the point of terminus on the west line of an easement to the City
of Pueblo as recorded in Book 1991 at Page 450 of the Pueblo County
Records.
The Grantor reserves the right to use the property adjoining the
easement for purposes not inconsistent with the rights granted in this
Easement. The Grantor, however, shall neither erect nor place any
structures, buildings or trees on the property. The Grantee shall not
be liable for their removal if so placed.
The Grantor shall construct, operate, maintain, repair, remove
and replace, if necessary, the temporary drainage easement until
such easement is moved to another permanent location on Grantor's
property and this easement is released by the Grantee.
Grantor convenant and warrants that Grantor is the fee owner
of the property, has good and lawful right to convey the property,
and the property is free of all liens and encumbrances.
This easement shall run with the land and be binding upon and
inure to the benefit of the Grantee and Grantor and their resp-
ective heirs, personal representatives, successors and assigns. The
singular includes the plural and the masculine includes the feminine
and neuter.
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Signed on , 1991.
GRANTOR:
BooK 2602 FA c �r861
By :
STATE OF COLORADO)
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on
( , 1991, by James E. O'Neal, Grantor.
iy commission expires:
;q' expires: 10.05.94
4 910, out Road
80301
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