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HomeMy WebLinkAbout 19-38 Fuerst Easement and AgmtRESOLUTION NO. 19-38 A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO, APPROVING AN AMENDMENT TO EASEMENT AND AGREEMENT BETWEEN JORDAN P. AND PAMELA J. FUERST, AND THE TOWN OF FIRESTONE WHEREAS, The Town and John J. and Donna M. Pawlik executed that certain Easement and Agreement (the "Easement"), dated April 25, 2005, and subsequently recorded in the Weld County Clerk and Recorder's Office on May 26, 2005, at Reception No. 3289493, granting an easement over, across and upon that certain real property owned by the Town for ingress and egress to the property owned by John J. and Donna M. Pawlik ("Benefitted Property"); and WHEREAS, Jordan P. and Pamela J. Fuerst ("Fuerst") currently own the Benefitted Property and, by virtue of their ownership, succeeded to the rights and responsibilities of John J. and Donna M. Pawlik under the Easement; and WHEREAS, the private sewage disposal system that serves the Benefitted Property has been damaged, leaving the private residence located on the Benefitted Property without adequate sanitary sewer disposal; and WHEREAS, the terrns and conditions of the Easement prohibits the construction, installation and use of a private sewer service line within the Easement area to service the private residence located on the Benefitted Property; and WHEREAS, the Board of Trustees desires to authorize the execution of an "Amendment to Easement and Agreement" with Jordan P, and Pamela J. Fuerst to allow for the construction and use of one private sewer service line within the Easement to service the Fuerst's private residence, thereby enhancing the health and safety of the inhabitants of the Fuerst's residence. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FIRESTONE, COLORADO: The Amendment to Easement and Agreement between the Town of Firestone and Jordan P. and Pamela J. Fuerst, attached hereto and incorporated herein as Exhibit A, is hereby approved, and the Mayor is hereby authorized to execute the Amendment on behalf of the Town. INTRODUCED, READ AND ADOPTED this bi ATTEST: 1day of May, 2019. OF FIRESTONE, COLORADO Mayor 19012143.1 { Leah Vanarsdall, Town Clerk Town Attorney EXHIBIT A 19012143.1 E