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RESOLUTION NO. 7158
A RESOLUTION GRANTING AN EASEMENT TO AMERICAN
STANDARD, INC., UPON LANDS AT PUEBLO MEMORIAL
AIRPORT INDUSTRIAL PARK, AND RESCINDING RESO-
LUTION NO. 6824
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 "A ", for the purpose of con-
structing service roads and a parking lot expansion.
CFrTTnN 9
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.
cGrTTnN 2
Resolution No. 6824 is hereby rescinded.
ATTEST:
c�
City Clerk
INTRODUCED June 28 ,1993
B y JOHN CALIFANO
Councilperson
APPROVE
P711i dent of the Council
Reception #: 1011844 Date: 07/12/1993 Time: 120 Book: 2667 Page: 690 Chris C. Munoz
Inst.: EASE Rec Fee: 10.00 Doc Fee: 0.00 Page: 1 of 2 Pueblo Co.Clk. &Rec.
EASEMENT
THIS EASEMENT, granted this 28th day of June 1993, by
Pueblo, a Municipal Corporation, Grantor, to American Standard, Inc., a
Delaware Corporation, Grantee:
WITNESSETH:
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 and service road upon Grantor's real property situated
in Pueblo County, Colorado, and described in the attached Exhibit "A" (the
"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 inter-
fere 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.
w Grantee acknowledges and agrees that in no event will it locate, erect
Q 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
w 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 re-
strict the height of structures, objects of natural growth, and other obstruct-
ions 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 service road,
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 service road and Easement hereby
granted.
This Easement shall be binding upon, and shall inure to the benefit of the
Reception #: 1033690 Date: 02/04/1994 Time: 210 Book: 2711 Page: 264 Chris C. Munoz
Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: i of 3 Pueblo CO.Clk. &Rec.
Book: 2667 Page: 691 Chris C. Munoz
Pa e• 2 of 2 Pueblo Co.C1k.&Rec.
9
successors and assigns of the Grantor and Grantee. In case of abandonment or
non -use of the Easement for a period of twelve (12) consecutive months, all
rights, privileges, and interest granted herein shall terminate.
by
Grantee hereby releases the Easement dated September 23, 1991, granted
e -Ci.ty of Pueblo by Resolution No. 6824.
I CgC 'ti
PUEBLO, a Municipal Corporation
By
Presid7'it 6f the Council
AMERICAN STAND D INC.
By
Vice- President
The foregoing instrument was acknowledged before me in Pueblo County,
Colorado this 29th day of ,Tune , 1993, by Fay Kastelic as President and by
Marian D. Mead, as City Clerk of Pueblo, a Municipal Corporation.
Eft ymy hand and official seal.
"`ti��Cdfru�ison expires
Mme. �.Q'``
Or WNW" OF` '.',�� , L a C rosse
STATE OF Wisconsin
Fitness my hand and official seal.
commission
A.
expires: .Tune 25 , 1995
�. C
Notary Public
-2-
Notary Public
ss.
The foregoing instrument was acknowledged before me in LaCrosse
County, State of Wisconsin this 14th day of ,Tune ,1993 by ,Tames H.
Schultz a s Vice President and by Peter D. Ferguson as Assistant
Secretary of American Standard, Inc., a Delaware Corporation.
Book: 2711 Page: 265 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
Adams - Mangini, Inc.
831 Lake Avenue
PueNo. Colorado 81004
(I i y1 544•UtfbD
EXHIBIT "A"
A parcel of land located in the County of Pueblo, State of
Colorado, to -wit:
A parcel of land being a part of the E 112 of the E 112 of Section
26 and the W 112 of the W 112 of Section 25, Township 20 South,
Range 64 West of the 6th Principal Meridian being more particularly
described as follows;
BEGINNING at the northeast corner of Subdivision Exemption 87 -3
filed in the Pueblo County Clerk and Recorders office at Reception
No. 834359 from which the northeast corner of said Section 26 bears
N 04 -05 -37 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
1660.08 feet; thence N 88 -25 -39 E a distance of 50.00 feet; thence
S 01 -57 -57 E a distance of 1516.48 feet; thence S 88 -02 -03 W a
distance of 50.00 feet to the southeast corner of said Subdivision
Exemption 87 -3; thence N 01 -57 -57 W, along the east line of said
Subdivision Exemption No. 87 -3 a distance of 1516.82 feet to the
POINT OF BEGINNING.
Said parcel contains 1.74 acres, more or less.
The above description was prepared under my direct responsibility,
supervision and checkincf.
DAT
g
OF C OV.", �
Book: 2711 Page: 266 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
Professional !,and Surveyors
'1
g
OF C OV.", �
Book: 2711 Page: 266 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
Professional !,and Surveyors