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HomeMy WebLinkAbout7434i r S RESOLUTION NO. 7434 A RESOLUTION ACCEPTING PROPERTY FROM ED ROBINSON & ASSOCIATES, INC., FOR A SANITARY SEWER EASEMENT ACROSS THE ARKANSAS VALLEY CONDUIT, AT CUERNA VERDE RD 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 an existing sanitary sewer main across the Arkansas Valley Conduit, and has been approved as to form by the City Attorney. 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. By INTRODUCED July 25 1994 SAMUEL CORSENTINO Councilperson APPROVED: -- ATTEST: r sident of the Council City Clerk r ►Reception *: 1053815 Date: 08/18/1994 Time: 304 Book: 2751 Page: 726 Chris C. Munoz 'Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.C1k.&Rec. 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 Grantees 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: ED ROBINSON & ASSOCIATES, INC. Attest: B . Edward L. Robins resident Helen Robinson, Secretary r ,s STATE OF COLORADO ) Book: 2751 Page: 727 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 a(- Q� �d�A� - o�►`�ia o ary Public L a► p�8� -�,,. 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 / V 'c G President Secretary Attest: STATE OF COLORADO ) DENVER ) s s . COUNTY OF VORM ) The foregoing instrument was acknowledged before me this 7th day of July , 1994, by Clarence L. Kirchmar as Vice President and Paul D. Harrison as Secretary of Field Corporation, a Corporation. Witness my hand and official seal. ion expires 2 -9 -96 Notary Public Book: 2751 Page: 728 Chris C. Munoz EXHIBIT " A " • Page: 3 of 3 Pueblo Co.Clk. &Rec. A twenty foot (20') wide easement located in the SE 1/4 of the NE 1/4 and the SW 1/4 of the NE 1/4 of Section 16 in Township 21 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, being ten feet (10') on each side of the following described centerline: All bearings used in this description are based on the Southeast line of Lot 28 of LaVista Hills Subdivision, according to the recorded plat thereof, as monumented with a No. 5 rebar. with yellow plastic cap No. 6128 -5939 at the Southernmost corner and a No. 5 rebar with yellow plastic cap No. 6128- 5939 at the Easternmost corner, to bear N 46 E. Commencing from the Southernmost corner of Lot 28 on the Northwest right of way of Cuerna Verde Road; thence S 49 E, a distance of 23.13 feet along the North right of way line of the Arkansas Valley Conduit to the point of beginning; thence S 46 W, a distance of 139.50 feet more or less to the point of terminus, said point being on the Southwesterly right of way line of the Arkansas Valley Conduit and the Northeasterly line of Parcel "C ", Block 2, E1 Camino Subdivision, Second Filing, according to the recorded plat thereof. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the right of way lines that the point of beginning and the point of terminus are a part of.