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HomeMy WebLinkAbout6719RESOLUTION NO. 6719 A RESOLUTION ACCEPTING PROPERTY FROM REALCO CORP. FOR A SANITARY SEWER EASE- MENT WHEREAS, Realco Corporation, a Colorado Corporation, on December 14, 1990, granted a sanitary sewer easement to the City of Pueblo; and WHEREAS, such easement is necessary to serve the Walking- stick Golf Course, 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 Realco Corporation, dated Decem- ber 14, 1990, which easement is on file with the City Clerk, is hereby approved and accepted. INTRODUCED April 22 1 1991 B HOWARD WHI Councilperson APPROVED: � e___� President of the Cou cil ATTEST: City Clerk 38� RECQR;_ kr L�' JAN 11 1991 BUK2528 VAI X46 . coioRAcx� J J40295 K R ✓El FEB 8 " 1991 �J0K2531 rA:E 95' &4" CQUWY' IoM°° EASEMENT THIS EASEMENT made this 14th day of December 1990 between Realco Corporation, a 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 to use the Property for purposes not inconsistent with the rights herein granted, provided Grantor shall not erect or place any structures, buildings or trees on the Property, without written consent of Grantee and Grantee shall not be liable for their removal if they are so placed. 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. DOOK 2528 jwA -E 147 BOOK 2531 I'A"'E 96 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 C'' n By n 17en ve r COUNTY OF VdSl= ) ss. STATE OF COLORADO ) The foregoing instrument was acknowl dged before me this a_ day of A 1990by Grantor. Witness my hand and official seal. �.. My commission expires: Gt3 017 . 7S %-E A L) Notary Public Jam': CONSENT TO GRANT OF EASEMENT +, . .-'�' Cam For Value Received, the undersigned consents to the grahl -o the foregoing easement and subordinates its .�inte ,7e9 - :in the Property described to said easement. j. 4f 10TEST 4WI, BY ( , G • Se retard" . Pres C O UNTY OF PUEBLO ) ss. STATE OF COLORADO ) The fore oing instrument was ac wledged a re me this day of - _ 199f by.:' c `. as esident ( a cretary of r a Corporation. e l"ess my hand and official seal •;.1A Kt, 14y.,. expires [ SEALP 1 't * t yj,$ubli7 - 2 m EXHIBIT "A" b,'�0K 2531 PAI:E 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.