HomeMy WebLinkAbout7586RESOLUTION NO. 7586
A RESOLUTION ACCEPTING AN EASEMENT FROM
FREEDOM OUTREACH CHURCH OF THE OPEN BIBLE
WHEREAS, Freedom Outreach Church of the Open Bible on March
21, 1995, granted an easement to the City of Pueblo; and
WHEREAS, such easement is necessary to construct, operate
and maintain a public sanitary sewer main in the 300 block of
East Corona Avenue, 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 easement granted by Freedom Outreach Church of the Open
Bible, dated March 21, 1995, 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.
SECTION 3
The property owner will be compensated $260.00 for the
granting of this easement, which will be funded from account
number 044 - 1994 -100- 000 - 040 -0040.
INTRODUCED MRCH 27 , 1995
By JOHN CALIFANO
Councilperson
APPROVE :
President of the Council
ATTEST:
City Clerk
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3
Reception #: 1075426 Date: 03/30/1995 Time: 1202 Book: 2793 Page: 825 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 21st day of March, 1995, between
FREEDOM OUTREACH CHURCH OF THE OPEN BIBLE (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 granted in this
easement, 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 to construct, operate, maintain, remove
or replace sanitary sewer lines, mains and other public
facilities.
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.
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.
Book: 2793 Page: 826 Chris C. Munoz
Page: 2 of 3 Pueblo Co.Clk.&Rec.
ATTEST:
Pamela S. Denby, Sec etary
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
GRANTOR:
FREEDOM OUTREACH CHURCH OF THE
OPEN BIBLE
By: G
Michael E. Denby
Pastor - President
The foregoing ins ument wa acknowledged before me this
o� day of , 1995, by MICHAEL E.
DENBY, PASTOR - PRESIDENT and PAMELA S. DENBY as Secretary for
Freedom Outreach Church of the Open Bible, Grantor.
Witness may hand and official seal.
My commission expires:
I���IUI I t Utlft j�
Pu �G :o
Notary Public
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Book: 2793 Page: 827 Chris C. Munoz
Page: 3 of 3 Pueblo Co.C1k.&Rec.
EXHIBIT "A"
A fifteen foot (15 wide sewer easement located in Lots 8,
9 and 10 of Townsends Subdivision of Lots 15 and 16, Block 4 of
Comstock Place Subdivision of Block U of South Pueblo
Subdivision according to the recorded plats thereof, as filed in
the records of Pueblo County, Colorado.
The southwesterly fifteen feet (15 lying within a portion
of Lots 8, 9 and 10 of said Townsends Subdivison, also lying
parallel and adjacent to the alley right of way as platted in
said Comstock Place Subdivision being more particularly
described as follows:
A fifteen foot (15 wide easement lying seven and one half
feet (7.5 on each side of the following described centerline.
Commencing at the westerly lot corner of said Lot 10, thence
7.65 feet along the northerly property line of Lot 10, said
property line also being the southerly right of way line of
Pierce Ave. as platted in said South Pueblo Subdivision, to the
point of beginning. Thence southeasterly and parallel to the
southwesterly lot line of Lot 10, a distance of 68.9 feet to the
southerly property line of said Lot 8, said property line also
being the alley right of way as platted in said Townsends
Subdivision and the point of terminus.