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
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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.