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HomeMy WebLinkAbout7542RESOLUTION NO. 7542 A RESOLUTION ACCEPTING AN EASEMENT FROM THOMAS J. MULLANS, DOUGLAS D. PIERSEL AND DOUGLAS NASLUND AND RESCINDING RESOLUTION NO. 7054 WHEREAS, Thomas J. Mullans, Douglas D. Piersel and Dou- glas Naslund on December 8, 1992, granted an easement to the City of Pueblo and it is necessary to cancel such easement and accept a substitute easement therefore (the "Substituted Easement "); and WHEREAS, such Substituted Easement is necessary to oper- ate and maintain a public 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, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Substituted Easement granted by Thomas J. Mullans, Douglas D. Piersel and Douglas Naslund, dated January 4, 1995, a copy of which is attached hereto is hereby approved and accepted. SECTION 2 Upon proper execution and recording of the Substituted Easement, Resolution No. 7054 shall be repealed and the easement accepted therefore and recorded in Book 2636, Page 69 in the records of the Pueblo County Clerk and Recorder shall become null and void. SECTION 3 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED January 9 , 1995 BY FAY KASTELIC Councilperson APPROVED President of the Council ATTEST: City fterk s kk Reception #: 1069252 Date: 01/25/1995 Time: 930 Book: 2781 Page: 554 Chris C. Munoz Inst.: EASE Rec Fee: 20.00 Doc Fee: 0.00 Page: 1 of 4 Pueblo Co.C1k.&Rec. EASEMENT THIS EASEMENT, made on January 4 , 1995, 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 or above 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 to construct, operate, maintain, remove or replace sanitary sewer lines, mains and other public facilities. Grantor shall be responsible for the lateral support and protection of the foundation of any structure on Grantor's real property adjacent to the easement during installation, replacement, repairs and maintenance of such sanitary sewer main within the easement. 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 Minnequa Bank of Pueblo who has consented to the granting of this easement. 4. Except as provided in paragraph 2, Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. Book: 2781 Page: 555 Chris C. Munoz Page: 2 of 4 Pueblo Co.C1k.&Rec. 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. TOR: STATE OF COLORADO, ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me Janua 1L 19 9 5, by Douglas D. Piersel, 'Thomas J.. Mullans s + u I Lund rr my hand and official seal. : � A,7 " y-- omission expires: 09 -25 - I Notary CONSENT TO GRANT OF EASEMENT undersigned consents to the grant of subordinates its interest in the easement. THE MINNEQUA BANK OF PUEBLO By. Vic President -2- For Value Received, the the foregoing easement and Property described in said Book: 2781 Page: 556 Chris C. Munoz STATE OF COLORADO ) Page: 3 of 4 Pueblo Co.Clk.&Rec. ss. COUNTY OF PUEBLO. ) The foregoing instrument was acknowledged before me Norma I Anderson , 1995, by I Lee Richardson as Vice President, and Vernon K. Cochran as Secretary, a Corporation. Witness my hand and official seal. My commission expires: 1/10/99 Notary P lic -3- Book: 2781 Page: 557 Chris C. Munoz Page: 4 of 4 Pueblo Co.Clk.&Bec. 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 nineteen (19) feet in width, nine and one -half (9.5) 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 0 00 1 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 134.50 feet to the point of beginning for the centerline of this easement; Thence S. 00 0 00 1 00" West, a distance of 250.25 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.