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HomeMy WebLinkAbout6857RESOLUTION NO. 6857 A RESOLUTION ACCEPTING AN EASEMENT FROM DOROTHY JUNE GALE, AS PERSONAL REPRESENTATIVE FOR THE ESTATE OF B. MILTON SPEED WHEREAS, Dorothy June Gale, as Personal Representative for the Estate of B. Milton Speed, on November 18, 1991, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to construct future curb and gutter, public sidewalk and paving on Aqua Drive, and has been approved as to form by the City Attorney; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: The easement granted by Dorothy June Gale, as Personal Representative for the Estate of B. Milton Speed, dated November 18, 1991, which easement is on file with the City Clerk, is hereby approved and accepted. The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. By ATTEST: INTRODUCED November 25 , 1991 KENNETH HUNTER C 9ncilpe rson APPROV ED President of the Council City Clerk ? 4W 5- `D A M DEC 2 0 1991 aoo�.2571 Pn 360 EASEMENT o THIS EASEMENT, is granted on l d , 1991, by DOROTHY JUNE GALE as Personel Representive or the ESTATE of B. Milton Speed (GRANTOR), to PUEBLO, a Municipal Corporation (GRANTEE): WITNESSETH: - IN CONSIDERATION of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by GRANTOR, GRANTOR grants and conveys to GRANTEE, its successors and assigns an easement and right of way in perpetuity, and the right to construct, operate, maintain, remove and replace a public road and other public facilities, from time to time, as GRANTEE may require, upon, over, under and across the real property (the "Property ") located in Pueblo County, Colorado and described as follows. All that part of Lot 113, Goodnight Avenue Place Second Filing, according to the recorded plat there, lying south of the following described line; BEGINNING at a point on the east line of said Lot 113, said point being 30.00 feet north of the centerline of Aqua Drive according to said recorded plat; thence westerly, parallel with said centerline, a distance of 330.00 feet more or less to a point on the west line of said Lot 113 to the point of terminus of said line. - 1. GRANTOR reserves the right to use the Property for purposes not inconsistent with the rights herein granted in this easement. Grantor, however, shall neither erect nor place any structures, buildings or trees on the Property. Grantee shall not be liable for their removal if they are so placed. 2. GRANTOR grants to GRANTEE access rights across GRANTOR'S property that adjoins the Property to construct, operate, maintain, remove or replace the public road and other public facilities. 3. 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. 4. GRANTOR covenants and warrants that GRANTOR is the fee owner of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances. BOOK x'571 PACE 361 5. GRANTEE shall restore GRANTOR'S property damages during GRANTEE'S construction and maintenance operations to as near original condition as reasonably possible. _ 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: DOROTHY JUNE GALE as _ Personel Representive for the ESTATE of B. Milton Speed By: STATE OF COLORADO) ) ss. r COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me jA m 1$ , 1991, by DOROTHY JUNE GALE, as Personel Representive for the ESTATE of B. Milton Speed, GRANTOR. My commission expires ( 1!2 9 S' WITNESS MY HAND AND OFFICIAL SEAL. Notary Public 0 , ;