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 , ;