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HomeMy WebLinkAbout7551RESOLUTION NO. 7551 A RESOLUTION ACCEPTING A DRAINAGE EASEMENT FROM GEORGE A. ANDREWS AT 100 SOUTH MAIN STREET WHEREAS, George A. Andrews, on October 18, 1994, granted an easement to the City of Pueblo; and WHEREAS, such easement is necessary to convey storm water across a portion of the property located at 100 South Main St., and has been approved as to form by the City Attorney; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL' OF PUEBLO, COLORADO, that: SECTION 1 The easement granted by George A. Andrews, dated October 18, 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. INTRODUCED January 23 ,1995 _rid By Councilperson APPROVED ,4� President of the Council CityClerk VA IN S TREE T N. 45 ° 00'E. 30.00' • a YC o y0 O y ' O n 0 oa o� 0 2 c a Y o � a ... ... �...., Z N. 45 173.16' r q e c ; ' _, ONE) AA m C ' N T, F y 0 • k O O o r . 2 a Y y � r n y a � a a a ,40 Reception *: 1069439 Date: 01/26/1995 Time: 1102 Book: 2781 Page: 888 Chris C. Munoz Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.Clk. &Rec. EASEMENT THIS EASEMENT made this If day of 0 IT 1994, between GEORGE A. ANDREWS,,(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 succesors, assigns, and agents an.' easement and right of way in perpetuity, and the right to construct and maintain a drainage channel and other drainage 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 and maintaining a drainage channel and other drainage 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. Grantee shall restore Grantor's property damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. 5. This Easement shall run with the land and 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. GRANTOR: Geo ge A Andrews Page 1 of 2 I Book: 2781 Page: 889 Chris C. Munoz Page: 2 of 3 Pueblo Co.C1k.&Rec. COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) T,�ie foregoing instrument was acknowledged before me this ` day o f �C , 1994, by ,d 5 Grantor. Witness may hand and official seal. My commission expires: /& r �, I, MIM W111 W � Rouvwwrl f q Nt L) Page 2 of 2 - EXHIBIT-"A" Book: 2781 Page: 890 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec. An Easement located in a certain parcel of land described in that instrument recorded in Book 2385 at Pages 990, 991 and 992 of the Pueblo County Records, being more particularly described as follows: Beginning at the Easterly most corner of said parcel; thence S 72 W, along the Southerly line of said parcel, a distance of 333.30 feet to the Southerly most corner of said parcel; thence Northwesterly along the South- westerly line of said parcel, the following two courses: 1. N 44 W, a distance of 256.49 feet; 2. N 44 W. a distance of 30.0 feet to the Northwesterly line of Oneida Street (formerly Eighth Street), as shown in the recorded plat of South Pueblo filed for record on December 13, 1872; Thence N 45 E, along said Northwesterly line of Oneida Street, a dis- tance of 50.0 feet; thence Southeasterly, parallel with the Southwesterly line of said parcel, the following two courses: 1. S 44 E, a distance of 29.99 feet; 2. S 44 0 58'13" E, a distance of 226.03 feet; Thence N 72 E, parallel with the Southerly line of said parcel, a dis- tance of 266.45 feet; thence S 53 E, along the Northwesterly line of said parcel, a distance of 61.90 feet to the point of beginning.