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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 r r -, M919