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HomeMy WebLinkAbout7054RESOLUTION NO. 7054 A RESOLUTION ACCEPTING AN EASEMENT FROM THOMAS J. MULLANS, DOUGLAS D. PIERSEL AND DOUGLAS NASLUND WHEREAS, Thomas J. Mullans, Douglas D. Piersel and Douglas Naslund on December 8, 1992, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to operate and maintain a pub- lic sanitary sewer main in the 2400 block between Lake Avenue and California Street, and has been approved as to form by the City Attorney; now, there- fore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1. The easement granted by Thomas J. Mullans, Douglas D. Piersel and Douglas Naslund, dated December 8, 1992, which easement is on file with the City Clerk, is hereby approved and accepted. SECTION 2. The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. ATTEST: qty Clerk INTRODUCED January 11 ,1993 B JOYCE LAWRENCE Councilperson APPROVED Pre �ent of he Council Reception #: 996473 Date: 01/21/1993 Time: 914 Book: 2636 Page: 69 Chris C. Munoz Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.Clk. &Rec. EASEMENT THIS EASEMENT, made on December 8 1992, between Thomas J. Mullans, Douglas D. Piersel and Douglas Naslund (the "Grantor ") and Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado 81003 (the "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, assigns, and agents an easement and right of way in perpetuity, and the right to operate, maintain, remove and replace such sanitary sewer lines, mains and other public facilities, from time to time, as Grantee, may require, upon, over, under and across the real property located in Pueblo County, Colorado and described on the attached Exhibit " A " (the "Property "). 1. Grantor reserves the right to use the Property for purposes not inconsistent with the rights granted in this easement, provided Grantor shall not erect or place any structures, buildings or trees on the Property and Grantee shall not be liable for their removal if they are so placed. 2. Grantor grants to Grantee the right of ingress egress over and across the real property of the Grantor adjoining the Property to construct, operate, maintain, or replace sanitary sewer lines, mains and other public facilities. and remove 3. Grantor covenants and warrants that Grantor is the owner in fee of the Property, has good and lawful right to convey the Property, and the Property is free of all liens and encumbrances except mortgages or deeds of trust in favor of Pueblo Bank and Trust Company who has consented to the granting of this easement. 4. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. 5. This easement shall run with the land 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. Book: 2636 Page: 70 Chris C. Munoz Page: 2 of 3 Pueblo Co.Clk. &Rec. STATE OF COLORADO, ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me December 8 , 1992, by Thomas J. Mullans, Douglas D. Pier el Grantor. and Doug Naslund Witness my hand and official seal. .My commission expires: 09 -25 -93 P&U�4�� ��- I � Notary Publi 1311 N. Greenwood, Pueblo, CO CONSENT TO GRANT OF EASEMENT For Value Received, the undersigned consents to the grant of the foregoing easement and subordinates its interest in the Property described in said easement. ATTEST: .s �G b 7 President Secreta > ` STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO. ) he fo egoing instrument was ackno dged e me , 1992 by 4 as President, and , as Secretary, a Corporation. Witness my hand and official seal. 14y commission expires: 41 y U Notary Public -2- Book: 2636 Page: 71 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. EXHIBIT "A" An easement through a portion of Lots 1 thru 10 and vacated alley lying adjacent thereto, all being located in Block 20, East Lake Subdivision, Pueblo County, Colorado according to the recorded plat thereof and being sixteen (16) feet in width, eight (8) feet on each side of the following described centerline: All bearings used in this description are based on the East line of said Block 20, as monumented with a No. 5 rebar at the southeast corner and a No. 5 rebar at the northeast corner, assumed to bear N. 00 °00 E. Commencing at the northeast corner of said Block 20; Thence S. 90 °00 W. along the North line of said Block 20, a distance of 141.00 feet to the point of beginning for the centerline of this easement; Thence S. 00 °00 West, a distance of 218.8 feet; Thence S. 11 °41'22" East, a distance of 32.11 feet to the point of terminus, said point being on the south line of said Lot 10 extended. It being understood that the sidelines of said easement shall extend or shorten as necessary to intersect the property lines that the point of beginning and the point of terminus are a part of.