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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.