HomeMy WebLinkAbout1984 Resolution No. 029RESOLUTIOI-I NO. cf!q
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A RESOLUTION APP ROV I NG AN EASEMENT REQUIRED BY
AGREEMENT. WHEREAS, on the 30th day o f March, 19 60, Kamphausen
sold to the City of Englelo/ood cert a in re a l property for Mclellan
Reservoir, and
WHEREAS, pursuant to sa1o agreement, the City was
required to deliver an easement t J Kam ~hausen after survey, and
WHERrAS, all terms of t~e agreement have been fu lfilled
and it i ~ r ow apropriate to del iv e r t he ea9em ~nt to Kamp hausen,
NO W THEREFORE, BE !T RES!JLVED by the City Council and
the City of Englew ood as follows:
~LCTION l : There is here approved the easement as
follows :
GRAN T OF ROADWAY EASEMENT
THIS GRA NT of a roadway easement (this "Grant') is made
this day of~~--~~~• 19B4, by TH E CITY OF ENGLEW OOD
('Grantor") whose addre ss 1s 340 0 S. Elati, En glewood, CO B0110,
in favor of OAN KAMPHAUSEN ('Gran te e") whose address I s 6B22
State High ~ .. , 47 0 , Ll~tleton, CO 80125;
The parties covenant and agree as follows :
1. Ease me nt Property. The 'Ease ment Property' shall
mean the r e al property lo c ated in the Co unty of Dougl as , State of
Colorado, mo re particularly described on Exhibit A, consisting of
one page, attached hereto and incorpo,ated here i n by reference.
2 . Consideration . As consideration for this Grant,
the Grantee's pre dec es s ors, pursuant to Ag reeme nt with Granter,
Is entitled to access to Grantee's land and o ther good and
valuable consid e ration, the receipt of which is here by ack now-
ledg e d by Gran t or .
3 . Grant of Roa dway Ea seme nt. Grant e r hereby grant s
to Grantee, its success o r s and assigns , a perpetua l, nonexclu si ve
easement over, und er, acro ss and through the Easement Property
for the purpose of constructing, operating, mafntafning, re-
pafrfng, replacing, and removing an access roadway hereinafter defined.
4, Access. Grantee st,al 1 have the perpetual,
nonexclusive rlgliTof ingress and egress fn, to, over, through
and across the Easement Property for any purpose necessary or
desirable for the full enjoyment of the rights granted to Grantee under thfs Grant.
5 . Rf ~ht; of Grantor. Grantor reserves the ful 1
right to th~ und sturbed ownership, use, and oc c upancy of the
Easement Pro~~rty Insofar as said ownership, u se , and occupancy
fs consist e nt with and does not impair the rights granted to
Grantee fn thfs Grant. Grantor shall h a ve the right to use the
easement property for access tu fts property. Should add i tional
construction be necessary for Granter to use the easement for
roadway purposes, Gr anter shall pay for said construction.
6, Bindin~ Effect. This G, a nt shall extend to and
be b i nding upon thee1rs, personal representatives, successors
and a ssigns of the respective parties hereto. The terms,
covenants, agr e ements and conditions fn this Grant s h all be construed a s covenants running with the land.
:N WITNE S S WHEREOF, the parties hereto have executed
this Grant of Rvadwa y Ea s ement the d ay and year first above wri t t e n.
GRAN TOR:
CITY OF ENG LEW OOD
By : _____________ _
Attest :
Ex Off1c 10 City Clerk /T r ds ur e r
STATE OF COLORADO )
)SS
COUNTY OF _______ )
Ackttowledgcd before me this day of
198 , by ____________ as
an.r--as
Noury Public
My co~mission expires: _____ _
Addre s s: -------------
SECTION 2: The Mayor of the City of Englewood ~nd Ex
Officio City Clerk-Treasurer are authorized to affi r. their
sig natures for and on behalf of the City of Englewood,
Adopted and Appr oved this 6di day of <1u~11 ,oY
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I, Gary R. Higbee, ex officio City Cl erk-Treasu rer of
the City of Englewood, Col o rato, do her eby certify that the above
and foregoing ,;)>,. a true, a cc ura te, an d complete copy of
Resolution No. QC:/-• Series of~ ;9g-4 I
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