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HomeMy WebLinkAbout6677RESOLUTION NO. 6 677 A RESOLUTION ACCEPTING AN EASEMENT FROM VALCO, INCORPORATED WHEREAS, Valco, Inc., P. 0. Box 550, Rocky Ford, Colorado, 81067, on January 7, 1991, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to construct, operate and maintain an A- Frame, Cableway and other structures for the purposes of monitoring water quality along the Arkansas River 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 Valco, Inc., dated January 7, 1991, which easement is on file with the City Clerk, is hereby approved and accepted. SECTION 2. The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED January 28 , 1991 By HOWARD WHITLOCK Councilman APPROV President of the Council ATTEST: City Clerk-( R X33L RECORt'Er �, d JAN 1 1 1991 67oK 2528 ►�A��E x.46 !'�IIB10 coio a J 4029*5 ►tt�: R:� �; .5 lom FE s ,j 1991 2170K2531 fwA E 95 gjaw COUWY. =°O EASEMENT THIS EASEMENT made this 14th day of December 1990 between Realco Corporation, Colorado Corporation (the "Grantor" and Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "Grantee "), WITNESSETH: In consideration of (Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by Grantor, Grantor does hereby grant, bargain, sell and convey to Grantee, its successors, assigns, and agents an easement and right of way in perpetuity, to construct, operate, maintain, remove and replace such sanitary sewer lines, mains 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 the attached Exhibit " A " (the "Property "). 1. Grantor reserves the right purposes not inconsistent with the provided Grantor shall not erect or buildings or trees on the Property, of Grantee and Grantee shall not be if they are so placed. to use the Property for rights herein granted, place any structures, without written consent liable for their removal 2. 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, subject to those provisions of paragraph 3 below. 3. Grantee shall indemnify and hold grantor harmless from any and all liability, including costs, expenses and attorneys' fees as a result of any claims asserted by any third parties against Grantor, as a result of Grantee's use of the easement and right -of -way granted hereunder, or any work performed by Grantee or on its behalf on Grantor's property subject to this easement, any fixtures or appurtenances installed by Grantee in connection with the easement, or any other use of this easement by Grantee or persons acting with Grantee's express or implied permission. 4. The parties acknowledge that the Property subject to the within - described easement shall ultimately be developed by Grantor or its successor as a paved public roadway. Grantee consents to construction of such roadway over the Property subject to the easement, notwithstanding the provisions of paragraph 1 above. 5. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. VOK 252 iw� E 147 OK2531 I'AE 9 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 assigns. The singular includes the plural and the masculine includes the feminine and neuter. GRANTOR: REALCO CORPORATION, A COLORADO CORPORATION ; y ^hot BY enve /' COUNTY OF Q ) ss. STATE OF COLORADO } The forego' g instrument was acknowl dged before me this day of 1990by a.t` Grantor. Witness my hand and official seal. My commission expires: o31 07/ 9.3 ' A L Notary Public Orr .'~ u' CONSENT TO GRANT OF EASEMENT r , For Value Received, the undersigned consents to the ,grafttogf the foregoing easement and subordinates its ifitef'egk -4n the Property described to said easement. Xi T ti rte' , •;� �� � t t By `:~ Se retard'. Pre ent COUNTY OF`PUEBLO } ss. STATE OF COLORADO ) The foregoing instrument was ack wledged a re me this (� day of 1994 by L as esident I a retary of jr Corporation. 'Witness my hand and official seal. • t M �� ission a ,. � xP it [ SEAL) 2 �.•� BOOK2528 f'Au148 • EXHIBIT "A" -na 2531 PAiJE 97 An easement through a portion of the NE' of the SE- of Section 18, Township 20 South, Range 64 West of the 6th P.M., being 20 feet in width, 10 feet on each side of the following described center- line: Assuming the South line of Block 54 in University Park Subdivision, 15th Filing, according to the recorded plat thereof, filed for record December 4, 1984, to bear N.83 44' -33 "E. and all bearings contained herein being relative thereto. Commencing at the intersection of the centerline of Desertflower Blvd., as platted in said University Park Subdivision, 15th Filing, with the East boundary line of said Subdivision; thence S.01 08'- 09 "E., along said East boundary line, a distance of 5.02 feet to the True Point of Beginning; thence N.83 44'- 33 "E., a distance of 456.12 feet to the West boundary line of the University of Southern Colorado and the Point of Terminus. Containing 0.210 acres.