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.