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Easement, Resolution No. 7054 shall be repealed and the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
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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.