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HomeMy WebLinkAbout6824RESOLUTION NO. 6824 A RESOLUTION GRANTING AN EASEMENT TO AMERICAN STANDARD, INC., UPON LANDS AT PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The City of Pueblo does hereby grant to American Standard, Inc., an easement upon and across lands at Pueblo Memorial Airport Industrial Park as described, and subject to the conditions set forth in the Ease- ment Agreement attached hereto as Exhibit "1 ", for the purpose of expand- ing a parking lot. SECTION 2. The President of the City Council is authorized and directed to execute the Easement Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED September 23 1 1991 By HOWARD WHITLOCK Cou ilman APPROVED President of the Council ATTEST: City Clerk �f1 RECORDED Lav,no THIS EASEMENT, Pueblo, a Municipal Inc., a Delaware Cori -5 n/� OCT 4 1991 `` EXHIBIT "1" 20 EASEMENT September granted this 23r day of �Xyj, 1 1991, by Corporation, Grantor, to American Standard, Doration, Grantee: W I T N E S S E T H: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt and sufficiency of which is hereby acknowledged, Grantor hereby grants to Grantee, its successors and assigns, an easement for the purpose of constructing, installing, maintaining and using a parking lot upon Grantor's real property situated in Pueblo County, Colorado, and described in the attached V X 1- i 1, it A "Easement "). Grantor reserves the right to use and occupy the Easement for any purpose consistent with the right and privilege above granted and which will not interfere with Grantee's use of the Easement, including without limitation, the right to construct and install utilities in, on, over and across the Easement and for access across the Easement to and from Grantor's other property. Grantee acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, or any other structure upon the Easement. Grantor reserves unto itself, its successors, and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Easement, together with right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation of or flight in the said airspace and for use of said airspace for landing on, taking off from, or operating on the Pueblo Memorial Airport. Grantee expressly agrees for itself, its successors, and assigns to restrict the height of structures, objects of natural growth, and other obstructions on the Easement to a height of not more than 4700 feet above mean sea level. Grantee expressly agrees for itself, its successors, and assigns to prevent any use of the Easement which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. Grantee agrees to maintain and repair the parking lot and to indemnify and hold harmless the Grantor from any and all claims, expenses, liabilities, loss, or damage to property including adjacent arroyo, or injury to or death of persons, caused by or arising out of the construction, installation, maintenance or use of the parking lot and Easement hereby granted. HOK `56.1. °AGr VI This Easement shall be binding upon, and shall inure to the benefit of the successors and assigns of the Srantor and Grantee. In case of abandonment or non -use of the Eas=ent for a period of twelve (12) consecutive months, all rights, privileges, and interest granted herein shall terminate. PUEBLO, a Municipal Corporation ATTEST : � �� C' erk. Pr ident of t,e City Council = AMERCIAN STANDARD, INC. ATTEST;, _' n o aa4_1 � - T� By Ass't.Secretary c Vice President COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was ac pj Me ed before me in Pueblo County, Colorado this day of by Michael Occhiato, as President and by Marian D. Mead, as City Clerk of Pueblo, a Municipal Corporation. , my hand and official seal. �M co remission expires [s` 'A � ql oCark P l ic COUNTY OF LA CROSSE j ss. STATE OF WISCONSIN ) The foregoing instrument was acknowledged before me in La Crosse County, Stat' of Wisconsin this day of majT Auqust Asst. 1991 by J ames H. Schultz l asNPresident and by Peter D Ferguson as�TSecretary of American Standard, Inc., a Delaware corporation. Witness my hand and official seal. My commission expires: June 25, 1995 Notary Public -2- Boob 2561 Pit'[ 722 A parcel of land located Colorado, to -wit: A parcel of land being a the NE 1/4 of the SE 1/4 NW 1/4 and in the NW 1/4 Township 20 South, Range being more particularly in the County of Pueblo, State of part of the SE 1/4 of the NE 1/4 and in of Section 26 and in the SW 1/4 of the of the SW 1/4 of Section 25 both in 64 West of the 6th Principal Meridian 3escribed as follows; BEGINNING at a point on the east line of Subdivision Exemption 87 -3 filed in the Pueblo County Clerk and Recorder office at Reception No. 834359 from which the northeast corner of said Section 26 bears N 02 -14 -11 E (all bearings used herein are based on the north line of said Section 26, as monumented with a 3 x 30" Aluminum Monument at the northeast corner and a No. 8 rebar in concrete at the northwest corner, assumed to bear N 89 -10 -48 W, a distance of 2391.48 feet; thence N 88 -02 -03 E a distance of 120.00 feet; thence S 01 -57 -57 E a distance of 782.57 feet; thence N 88 -02 -03 W a distance of 120.00 feet to the southeast corner of said Subdivision Exemption No. 87 -3; thence N 01 -57 -57 W, along the east line of said Subdivision Exemption No. 87 -3, a distance of 782.57 feet to the POINT OF BEGINNING. Said parcel contains 2.16 acres, more or less. This description prepared under the direct supervision responsibility and checking of: X. PROFESSIONAL LAND SURVEY NO. 10093 A DA * 1009 ao `rjy�tio sua { ©��o F OF C0�