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HomeMy WebLinkAbout7589RESOLUTION NO. 7589 A RESOLUTION APPROVING AN EASEMENT FOR THE PURPOSE OF INGRESS AND EGRESS, FROM PUEBLO, A MUNICIPAL CORPORATION, TO RONALD R. WITT AND MARY A. WITT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: CFf TTnN 1 The Easement dated March 27, 1995 between Pueblo, a Munici- pal Corporation, and Ronald R. Witt and Mary A. Witt, a copy of which is attached hereto, having been approved as to form by the City At- torney, is hereby approved. The President of the City Council is authorized to execute and deliver the Easement in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest the same. INTRODUCED MARCH 27 ,1995 By (MAPLES JONES Councilperson APPROVED: President of City Council ATTEST: City Clerk `^Reception #: 1075868 Date: 04/03/1995 Time: 238 Book: 2794 Page: 719 Chris C. Munoz Inst.: EASE Rec Fee: 10.00 Doc Fee: 0.00 Page: 1 of 2 Pueblo Co.Clk. &Rec."' EASEMENT THIS EASEMENT, granted this 27th day of MARCH , 19 95 by PUEBLO, a Municipal Corporation, GRANTOR, to RONALD R. WITT and MARY A. WITT , GRANTEE: W I T N E S S E T H: IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid by the GRANTEE, receipt of which is hereby ac- knowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a fifteen (15) foot easement for the purpose of ingress and egress, and the right to install, construct, operate, maintain, replace and remove an all weather roadway upon said easement which is owned by the GRANTOR and de- scribed in attached Exhibit "A" (the Property "). TOGETHER WITH the right of ingress and egress over and across the ad- joining lands of the GRANTOR to and from the Property for the purpose of exercising its rights herein granted. GRANTEE will restore the Property and GRANTOR'S other property damaged during GRANTEE'S construction and maintenance operations to as near original condition as reasonably possible. The GRANTOR reserves the right to use and occupy the Property and to grant or convey the right to use and occupy the Property for any purpose which does not unreasonably interfere with the rights herein granted. GRANTEE acknowledges and agrees or cause to be located or erected any or facility upon the Property. that in no event will it locate, erect building or other structure, fixture GRANTEE will indemnify and save harmless GRANTOR, its officers and em- ployees, from any and all claims, liabilities and expenses (including reasonable attorney fees)'for damage or injury to persons or property caused or occur- ring by reason of the negligent or tortious acts or omissions of GRANTEE, its officers, agents or employees. This Easement and the covenants, terms, conditions and provisions hereof shall be binding upon and inure to the benefit of the heirs, personal repre- sentatives, successors and assigns of the GRANTOR and GRANTEE. In case of abandonment or non -use of this Easement for a period of twelve (12) months or more, all rights, privileges, and interest granted herein shall terminate. Cl er PUEBLO, a Municipal Corporation B President of the City Council APPROVED AS TO FORM: Ci y ney _. Book: 2794 Page: 720 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. EXHIBIT "A" A parcel of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land being a part of the SE 1/4 of the NW 1/4 of Section 34, Township 20 South, Range 65 West of the 6th Principal Meridian, being a strip of land 15.00 feet in width, 7.50 feet both sides of the following described centerline; BEGINNING at a point 7.5 feet southerly of the south right of way line of THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, from which point the City monument at the intersection of Carlile Avenue and Prairie Avenue bears S84 ° 24'27 "E (all bearings used herein are based on the assumption that the monument line on Carlile Avenue between Prairie Avenue and Argyle Avenue bears N89 0 29'06 "E) a distance of 3615.78 feet; thence northwesterly, parallel and concentric with said south right of way line, a distance of 315 feet, more or less to the Point of Terminus of said centerline, said point being a point on the east line of that parcel described in that document recorded February 18, 1994 at Reception No. 1034940 in the records of the Pueblo County Clerk and Recorder, from which the northeast corner of said recorded parcel bears N18 ° 23'03 "E, a distance of 7.90 feet; Said parcel contains 0.07 acres, more or less. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the lines the point of beginning and the point of terminus are a part of. This description prepared under the direct supervision, responsibility and checking'of: t� � n s .A 9 � SllR�E�` 0 C 0 �-��