HomeMy WebLinkAbout6810RESOLUTION NO. 6810
A RESOLUTION APPROVING AN EASEMENT AND
RIGHT OF WAY FOR CITY OWNED PROPERTY TO
RESIDENTS ADJACENT TO 629 ELM STREET,
PUEBLO, COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO THAT:
SECTION_ 1.
The Easement and Right of Way between Pueblo, Colorado, A Municipal Corporation
and Raymond LeRoy Sandoval and Virginia L. Sandoval, a copy of which is attached
hereto and incorporated herein, having been approved by the City Attorney, is hereby
approved. The President of City Council of Pueblo is authorized and directed to
execute the Agreement for and on behalf of the City and the City Clerk is directed
to affix the seal of the City thereto and attest the same.
INTRODUCED: Sept. 9 , 1991
JOHN CALIFANO
COUNCIL PERSON
ATTESTr APP ED:
AIA
I Y CLERK PR ENT OF COUNCIL
956'784 ,-,
NO, RECOR�� SEP 2 0 1991 �oo���� P�.�
• pUE9L0 COUNTY, COLORADO
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this cgc� hfl day of August, 1991, by
PUEBLO, a Municipal Corporation, GRANTOR, to Raymond LeRoy
Sandoval and Virginia L. Sandoval, GRANTEES:
W I T N E S S E T H:
WHEREAS, GRANTEES are owners of record of property situate in
Pueblo County, Colorado described as:
the NE 1/2 of Lot 8 and NW 15 feet of the NE 1/2 of Lot 9,
Block 11, Resubdivision of Lots 1 to 8, Block 11, South
Pueblo Homestead and Building Association's Subdivision of
Block "Y" in the former City of South Pueblo, now a part of
the City of Pueblo,
commonly known as 640 Valley Lane, Pueblo, Colorado (hereinafter
"the dominant tenement "); and
WHEREAS, GRANTOR is the owner of adjacent property situate in
Pueblo County, Colorado described as:
Lot 7, Block 11, Resubdivision of Lots 1 to 8, Block 11,
South Pueblo Homestead and Building Association's Subdivision
of Block "Y" in the former City of South Pueblo, now a part
of the City of Pueblo,
commonly known as 629 Elm Street, Pueblo, Colorado. (hereinafter
"GRANTOR'S property ");
NOW, THEREFORE,
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and
other good and valuable consideration, paid by the GRANTEES,
receipt of which is hereby acknowledged, GRANTOR hereby grants to
GRANTEES, their successors and assigns, a 10 -foot wide, non-
exclusive, easement and right of way for the purpose of allowing
GRANTEES access to a garage located on the dominant tenement,
through, over, and across GRANTOR's property, the location of said
easement being described as follows:
A ten (10) foot wide easement across the property described
and located as follows: Beginning at the Northeast corner of
Lot 7, Block 11, Resubdivision of Lots 1 to 8, Block 11,
South Pueblo Homestead and Building Association's Subdivision
of Block "Y" in the former City of South Pueblo, thence south
sixty (60) feet along the east lot line of said Lot 7, thence
west a distance of ten (10) feet along a line perpendicular
to the east lot line of said Lot 7, thence north along a line
parallel to the east lot line of said Lot 7 to a point on the
north lot line of said Lot 7, thence northeast along said
north lot line of Lot 7 to the Point of Beginning.
r
eooe 2559 PITC 587
TOGETHER WITH the right to enter upon said property for the
purpose of construction, maintenance, and repair of the right of
way. The GRANTOR reserves the right to use and occupy said
property for any purpose consistent with the right and privilege
above granted and which will not interfere with GRANTEES' use of
the easement.
GRANTEES acknowledge and agree that in no event will they
locate, erect or cause to be located or erected any building,
mobile trailer unit, or any other structures upon said easement
and right of way, nor shall GRANTEES be permitted to park or store
motor vehicles or other obstructions upon said easement.
GRANTEES agree to indemnify and hold harmless the GRANTOR
from any and all claims, expenses, liabilities, loss, or damage to
property or injury to or death of persons, caused by or arising
out of the construction, installation, maintenance, or use of the
easement and right of way hereby granted. GRANTEES further agree
and do release and hold GRANTOR harmless from all claims, damage,
trespass and loss caused by or which may arise from the regrading
of GRANTOR'S property, including any damage, trespass or loss
arising from alteration of surface drainage, if any.
"GRANTEE" shall include the plural and the feminine. This
easement and right of way is appurtenant to the dominant tenement,
shall run with the land and be binding upon, and shall inure to
the benefit of the heirs, personal representatives, successors or
assigns of the GRANTOR and GRANTEES. In case of destruction or
abandonment of the garage on the dominant tenement or the abandon-
ment of said easement, all rights, privileges, and interest
granted herein shall terminate.
COUNTY OF PUEBLO ) ss.
STATE OF COLORADO )
PUEBLO a Municipal Corporation
By
PredIdent of the City Council
The foregoing instrument was acknow ed ed before me in Pueblo
County, Colorado this / zZ day of 1991 by
Michael Occhiato as President of the Ci Council and by Marian D.
Mead as City Clerk of Pueblo, a Municipal Corporation.
y�Uo;W,,t'ness my hand and official seal.
i C y commission expires : �?
1' Notary Public
-2-
m 2559 P -* 588
ACCEPTANCE
The foregoing Easement and Right of Way, and the terms
recited therein, is hereby accepted this QR'� day of
1991.
y S`Sffc�pva 1
rcania L. Sandoval
COUNTY OF PUEBLO )
STATE OF COLORADO ) ss.
The foregoing Acceptance of Easement and Right of Way was
acknowledged before me in Pueblo County, Colorado this �-k, day
of �0 1991 by Raymond LeRoy Sandoval and Virginia
L. Sand val.
Witness my hand and official seal.
y . expires:
Notary Public
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