The URL can be used to link to this page

Home My WebLink About6558N a 9 S 8 G 9 1RECCFRD C 'lr .A 'A OCT 2 3 1992 PUEBW COUNVe COWRAoa RESOLUTION NO. 6558 A RESOLUTION ACCEPTING AN EASEMENT FROM SUNDANCE MOBILE HOME INVESTMENTS WHEREAS, Sundance Mobile Home Investments, a Colorado General Partnership, on May 8, 1990, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to construct a storm sewer across a portion of the property located at 2233 East 8th Street, and has been approved as to form by the City Attorney; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The easement granted by Sundance Mobile Home Investments, a Colorado General Partnership, dated May 8, 1990, which easement is on file with the City Clerk, is hereby approved and accepted. cFrTTnni 9 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. �n' ATTEST; '•! A 1 16N ty fi 'k / 1..w L erk 1h 29 ,1990 By SAMUEL CORSENTINO Councilman APPROVED P dent of the Council .9=05 N6 RECORDEa PUEBLO COUNTY, COLORADO 4 99869 /Z �s'ylq /,EASEMENT THIS EASEMENT, is granted SUNDANCE MOBILE HOME INVESTMENTS, (GRANTOR), to PUEBLO, a Municipal JUN 15 logo C CT 2 3 1992 BooK2503 PA E307 50C'F 2621 , M on May 8 , 1990, by a Colorado General Partnership Corporation (GRANTEE): WITNESSETH: 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 and conveys to GRANTEE, its successors and assigns an easement and right of way in perpetuity, and the right to construct, operate, maintain, remove and replace such storm sewer lines and other public facilities, from time to time, as GRANTEE may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on attached Exhibit "A" (the "Property "). I. GRANTOR reserves the right to use the Property for purposes not inconsistent with the rights herein granted in this easement. Grantor, however, shall neither erect nor place any structures, buildings or trees on the Property. Grantee shall not be liable for their removal if they are so placed. 2. GRANTOR grants to GRANTEE access rights across GRANTOR'S property that adjoins the Property to construct, operate, maintain, remove or replace storm sewer lines and other public facilities. 3. GRANTOR grants to GRANTEE the right to permit other public entities or utility companies to use the Property jointly with the GRANTEE for utility purposes. 4. GRANTOR covenants 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 except mortgages or deeds of trust in favor of Southwest State Bank and Colorado National Bank - Pueblo which have consented to the granting of this easement. 5. GRANTEE shall restore GRANTOR'S property damages during GRANTEE'S construction and maintenance operations to as near original condition as reasonably possible. 6. This easement 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 PAGE 1 OF 3 BooK 2503 or 262 assigns. The singular includes the plural and the masculine includes the feminine and neuter. GRANTOR: SUNDANCE MOBILE HOME INVESTMENTS, A Colorado General Partnership By: - a STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) yy � The foregoing ins ument w s acknowledged before me Gw 'F , 1990, by N,4 , as general partner of SUND hIQE,- ;MOBILE HOME INVESTMENTS, a Colorado General Partnership, GR i x„ - fty<` commission expires My Commission expires December 1, 1950 YS p WI,TSS MY HAND AND OFFICIAL SEAL. nr Not Try P lic CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the easement and subordinates its interest in the property described in the easement to any indebtedness or other interest it has in GRANTOR'S property. ATTEST: Secretary STATE OF COLORADO) ) ss. COUNTY OF - DeNu tp ) SOUTHWEST STATE BANK By: �-` Presid t The foregoing instrument was acknowledged , 1990, by 4n /4. Mrsk.r) as f ,4rzdr� U Lu .S r� as Secretart of SOUTHWEST STATE My commission expires My Commi exp December I, 1990 before me on President and BANK. W PAGE 2 OF 3 Cr 12621 BOOX?503 FA,r 3�9 WITNESS MY HAND AND OFFICIAL SEAL. S N to Pu lic CONSENT TO GRANT OF EASEMENT For value received, the undersigned consents to the grant of the easement: and subordinates its interest in the property described in'the easement to any indebtedness or other interest it has in GRANTOR'S property. t ATTEST:' Sec 6tary n,e .•• d c STATE OF�'COLQVADO ) ss. COUNTY OF PUEBLO ) COLORADO NATIONAL BANK - PUEBLO By: President The foregoing instrument was acknowledged before me on /D , 1990, by Z- D, `3 -- as President and as Secretary of LOLORORADO NATIONAL BANK - PUEBLO. My commission expires WITNESS MY HAND AND OFFICIAL SEAL. 4 Notar blic�" PAGE 3 OF 3 Notar blic�" PAGE 3 OF 3 3GC ?621 , =i49 CVUTDTT upu GRANTOR: Sundance Mobil Home Investments GRANTEE: City of Pueblo DATE: May 8, 1990 An easement located in the W 1/2 of the SW 1/4 of Section 28, Township 20 South, Range 64 West of the 6th Principal Meridian, being more particularly described as follows: An easement being 20 feet in width, 10 feet on each side of the following described centerline: Bearings of this description are based upon the bearing between the stones found on the stone line of E. 9th Street, said line being parallel with and 10 feet north of the centerline of E. 9th Street, at its intersection with the centerline of Reading Avenue and with the centerline of Utica Avenue, as being N. 90 E. Commencing at the stone located at its intersection with the stone line of E. 9th Street and with the centerline of Utica Avenue; thence N. 90 E. along said stone line of E. 9th Street ex- tended, a distance of 871.04 feet; thence N. 00 W., a distance of 30 feet to the point of beginning for this description; thence S. 32 E., a distance of 47.44 feet; thence N. 90 E., a distance of 370.00 feet to the point of terminus.