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RESOLUTION NO. 7433
A RESOLUTION ACCEPTING PROPERTY FROM
ED ROBINSON & ASSOCIATES, INC., FOR A
SANITARY SEWER EASEMENT ACROSS THE
ARKANSAS VALLEY CONDUIT, AT SADDLE HORN IN
WHEREAS, Ed Robinson & Associates, Inc., on June 28, 1994,
granted a sanitary sewer easement to the City of Pueblo; and
WHEREAS, such easement is necessary for construction of
sanitary sewer line across the Arkansas Valley Conduit to serve
future development to the west.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The easement granted by Ed Robinson & Associates, Inc.,
dated June 28, 1994, 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.
City Clerk
INTRODUCED July 25 , 1994
By SAMUEL CORSENTINO
Councilperson
APPROVED:
AM
e dent of the Council
Reception 1053814
08/18/1994
EASEMENT
THIS EASEMENT made this 28th day of June, 1994 between
ED ROBINSON & ASSOCIATES, INC. (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
hereby 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 construct, 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 herein granted,
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 and
egress over and across the real property of the Grantor adjoining
the Property for the purpose of constructing, operating,
maintaining, removing or replacing sanitary sewer lines, mains
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
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 Field
Corporation who has consented to the granting of this easement.
5. Grantee shall restore Grantor's property damaged 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 the Grantor and
their respective heirs, personal representatives, successors and
assigns. The singular includes the plural and the masculine
includes the feminine and neuter.
GRANTOR:
Attest:
Helen Robinson, Secretary
ED ROBINSON & ASSOCIATE INC.
By:
Edward L. Robins ,- President
i
STATE OF COLORADO ) Book: 2751 Page: 724 Chris C. Munoz
) ss. Page: 2 of 3 Pueblo Co.C1k.&Rec.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this
28th day of June, 1994, by Edward L. Robinson, President and
Helen G. Robinson as Secretary of Ed Robinson & Associates, Inc.,
a Corporation, Grantor.
Witness my hand and official seal.
My commission expires
Cj L a a ry 4 P�u6lic
��P11 81.��:'o°
� 1
r F OR.CO�
Pork...;"00 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 to said easement.
FIELD CORPORATION
Attest:
By: vY
OCC President
Secretar /
STATE OF COLORADO )
DENVER ) s s .
COUNTY OF R)MW )
The foregoing instrument was acknowledged before me this
7th day of July , 1994, by Clarence L. Kirch
as Vice President and Paul D. Harrison
as Secretary of Field Corporation, a
Corporation.
:Witness my hand and official seal.
lion expires 2 -9 -96
Notary Public
Book: 2751 Page: 725 Chris C. Munoz Exhibit "A"
Page: 3 of 3 Pueblo Co.C1k.&Rec.
EASEMENT DESCRIPTION OF 30' SANITARY SEWER AND WATER LINE EASEMENT
(across A.V.C. at Saddle Horn Lane)
An easement for sanitary sewer and water line purposes across the
Arkansas Valley Conduit in the SE1 /4 of the SE1 /4 of Section 16,
Township 21 South, Range 65 West of the 6th P.M. being 30 feet in
width, 15 feet on each side of the following described centerline:
Considering the West line of the SE1 /4 of Section 16, Township 21
South, Range 65 West of the 6th P.M. to bear N.00 ° 00'48 "E. and all
bearings contained herein being relative thereto.
Commencing at the Northeast corner of Lot 79, Block 2 in E1 Camino
Subdivision, 11th Filing, according to the recorded plat thereof;
thence Southerly, along the East line of said Lot 79 and along the
Westerly right -of -way line of the Arkansas Valley Conduit the
following two (2) courses:
1. S.21 ° 13'02 "E., a distance of 112.42 feet;
2. along the arc of a curve to the right, whose radius is
905.00 feet, a distance of 42.31 feet to the True Point
of Beginning of the said easement centerline;
thence N.51 ° 54'15 "E., a distance of 152.29 feet, more or less, to
the Westerly boundary line of La Vista Hills Subdivision, Second
Filing, according to the recorded plat thereof, filed for record
March 7, 1957, being also the Easterly right -of -way line of the
said Arkansas Valley Conduit and the Point of Terminus.
It being understood that the North and South lines of the above -
described easement lengthen or shorten as necessary to intersect
the Easterly and Westerely right -of -way lines of the said Arkansas
Valley Conduit.
Prepared by: KLH ENGINEERING CONSULTANTS, INC.
111 E. 5TH STREET
PUEBLO, COLORADO 81003
JUNE 8, 1994
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