HomeMy WebLinkAbout7864Reception #: 1134058 Date: 08/06/1996 Time: 1027 Book: 2918 Page: 2 Chris C. Munoz
Inst: RES R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Clk. &Rec.
RESOLUTION NO. 7864
A RESOLUTION APPROVING AN EASEMENT FROM
PUEBLO, A MUNICIPAL CORPORATION, TO WEST
PLAINS ENERGY FOR INSTALLATION OF AN ELEC-
TRIC POWER LINE ACROSS THE CITY OWNED PARCEL
LOCATED AT 121 NORTH MECHANIC STREET
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Easement dated May 13, 1996, between Pueblo, a Municipal
Corporation, and WestPlains Energy, a copy of which is attached here-
to, having been approved as to form by the City Attorney, 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 same.
INTRODUCED May 13, 1996
By_ John Verna _
Councilperson
APPROVED:
- resident f the touncil
— ATTEST;
City Clerk
Reception #: 1134059 Date: 08/06/1996 Time: 1028 Book: 2918 Page: 3 Chris C. Munoz
Inst: EASE R Fee: 15.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 3 Pueblo Co.Clk. &Rec.
EASEMENT
THIS EASEMENT, granted this 13th day of May, 1996, by PUEBLO, a Municipal
Corporation, GRANTOR, to WESTPLAINS ENERGY, 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 valu-
able consideration paid by the GRANTEE, receipt of which is hereby acknowledged,
GRANTOR hereby grants to GRANTEE, its successors and assigns, a ten (10) foot
easement and right of way to install, construct, operate, maintain, replace
and remove an electric power line and related appurtenances upon, over, under
and across the property which the GRANTOR owns or in which the GRANTOR has any
interest situated in Pueblo County, Colorado, and described in the attached
Exhibit "A" (the "Property ")
TOGETHER WITH the right of ingress and egress over and across the adjoining
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 occu-
py the Property for any purpose which does not unreasonably interfere with
the rights herein granted.
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 occurring
by reason of the negligent or tortious acts or omissions of GRANTEE, its of-
ficers, 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 six months or more,
all rights, privileges, and interest granted herein shall terminate.
A
ATT.k)T
City Clerk
PUEBLO, A MUNICIPAL CORPORATION
President 'of the Council
Book: 2918 Page: 4
Page: 2 of 3 Pueblo Co.Clk &Rec.
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 15th day of
May, 1996, by Fay B. Kastelic as President of the City
Council, and by Gina Dutcher as City Clerk of Pueblo,
a Municipal Corporation.
Witness my hand and official seal.
My commission expires: � � %tj
(SEA
J
COUNTY OF
Pueblo
STATE OF Colorado
1
Notary Public
ss.
GRANTEE: WESTPLAINS ENERGY
By
Name: Carole J. Mange
Title: President & General Manager
The foregoing instrument was acknowledged before me this 24th day of
May ,1996 , by Carole J. Lange
Witness my hand and official seal.
My commission expires: 7/13/96
Notary Publ i c
li / ?11
2
Page* 5 Chris C. Munoz
3 of 3 pueblo Co.C1k.&Rec.
page, Book: 2918 9
EXHIBIT "A"
The Northeast ten (10) feet of Lot 23 in Block 4 in the
former Town of Central Pueblo, now part of the City of
Pueblo, according to the recorded plat of said Town,
filed for record on August 13, 1993.