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HomeMy WebLinkAbout7932Reception #: 1137058 Date: 08/27/1996 Time: 1148 Book: 2924 Page: 236 Chris C. Munoz Inst: RES R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Clk. &Rec. iCLSULUIlUIN Nu. 7932 A RESOLUTION APPROVING EASEMENT AGREEMENTS WITH WESTPLAINS ENERGY, U.S. WEST COMMUNICATIONS, PUBLIC SERVICE COMPANY OF COLORADO AND TCI CABLEVISION OF COLORADO FOR UTILITY FACILITIES BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1. The Easement Agreements for utility facilities between the City of Pueblo and Westplains Energy, U.S. West Communications, Public Service Company of Colorado, and TCI Cablevision of Colorado, copies of which are attached, are approved. Section 2. The President of the City Council is authorized and directed to execute such Easement Agreements for and on behalf of the City of Pueblo. The City Clerk is directed to attest same and affix the seal of the City. Section 3. This Resolution shall become effective upon final passage. � •d � t' f, "f, INTRODUCED: August 12 f 1996 By: S muPl C'ors nt nn Councilmember APPROVED: 4 71 � Pres' ent of ity Council City Cl'` rk Reception #: 1137060 Date: 08/27/1996 Time: 1152 Book: Inst: EASE R Fee: 10.00 D Fee: 0.00 SC: 1.00 Pg: EASEMENT AGREEMENT THIS EASEMENT is granted on August 12 Municipal Corporation, Grantor, to Public Service Company of Color WITNES SETH: 2924 Page: 239 Chris C. Munoz 1 of 2 Pueblo Co.Clk. &Rec. _, 1996, by Pueblo, a ado, Grantee. In consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is acknowledged, Grantor grants to Grantee, their successors and assigns, a five (5) foot easement to install, construct, operate, maintain, replace and remove Grantee's utility facilities and related appurtenances under and across Grantor's property described below in Pueblo County, Colorado (the Property); UTILITY EASEMENT: An easement for utility purposes through a portion of Parcel "A ', Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width, lying North of and immediately adjacent to the following described reference line: Beginning at the Westernmost corner of said Parcel "A'; thence Southeasterly, along the South line of said Parcel "A" the following two (2) courses: S.40° 51'39 "E., a distance of 217.83 feet; 2. 5.74° 2717 "E., a distance of 432.83 feet to the Point of Terminus. MAY ALSO BE DESCRIBED AS FOLLOWS: An ease :ert for ::tility purposes thro a portion of Parcel "A ', Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width and lying immediately adjacent to the Northeasterly line of Lot 94, Block 304 in Belmont Thirty- Seventh Filing, according to the recorded plat thereof, filed for record September 20, 1973, and immediately adjacent to the Northeasterly line of Belmont 77th Filing, according to the recorded plat thereof, filed for record November 22, 1995. Together with the right of ingress and egress over and across the immediately adjoining land of Grantor to and from the Property necessary to use this easement. Grantee shall promptly restore the Property and Grantor's other property damaged during Grantee's construction and maintenance operations to as near the original condition as reasonably possible. Grantee shall repair all damage to the existing sprinkler system on the Property during Grantee's construction and maintenance. Grantor reserves the right to use and occupy the Property for any purpose which does not reasonably interfere with the rights granted in this easement agreement. Grantee shall notify the City of Pueblo Parks and Recreation Department at least 7 days before any construction and repair work in or on the Property. Grantee warrants that all of their facilities and related appurtenances will be installed at least two (2) feet below the surface of the Property and that they shall neither locate, erect nor cause to be located or erected any building or any other structure, fixture or facility upon the Property. Grantee shall indemnify and hold harmless Grantor, and its officers, employees and agents, from all claims, liabilities and expenses, including reasonable attorneys' fees, for damage or injury to persons or property caused or occurring by reason of the negligent or tortious acts or omissions of Grantees, their officers, agents or employees. This Easement and its covenants, terms, conditions and provisions shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Book: 2924 Page: 240 Chris C. Munoz Page: 2 of 2 Pueblo Co.C1k.&Rec. GRANTOR: _ Pueblo A Municipal Corporation By: a Presiden ,City Council ATTEST: City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on Aucrust 12 1 1996, by Fay B. xastelic as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. My commission expires: g 2l - Notary Public GRANTEE: Public Service Company oColorado By: ) �, George J. Vonosh, Jr. - Pre«de„«- Manager, Engineering Support & Right -of -Way STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on r Zf , 1996, b George J. Vonesh, Jr., as Manager -as es id@4ofPublic Service Company of Colorado. Witness my hand and official seal. �� ° ° ° ��r' •••••• "' 'U' e �pTARy:� My commission expires: �/GIA 8) c -0-0-0 G o _ s ` top— Notary Public Reception #: 1137061 Date: 08/27/1996 Time: 1154 Book: 2924 Page: 241 Chris C. Munoz Inst: EASE R Fee: 10.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.Clk. &Rec. EASEMENT AGREEMENT THIS EASEMENT is granted on Aucrust 12 , 1996, by Pueblo, a Municipal Corporation, Grantor, to U.S. West Communications, Grantee. WITNES SETH: In consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is acknowledged, Grantor grants to Grantee, their successors and assigns, a five (5) foot easement to install, construct, operate, maintain, replace and remove Grantee's utility facilities and related appurtenances under ar.d across Grantor's property described below in Pueblo County, Colorado (the Property); UTILITY EASEMENT: An easement for utility purposes through a portion of Parcel "A ", Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width, lying North of and immediately adjacent to the following described reference line: Beginning at the Westernmost corner of said Parcel "A "; thence Southeasterly, along the South line of said Parcel "A" the following two (2) courses: 5.40° 51'39 "E., a distance of 217.83 feet; 2. S.74° 27'17"E., a distance of 432.83 feet to the Point of Terminus. MAY ALSO BE DESCRIBED AS FOLLOWS: An easement for utility purposes through a portion of Parcel "A', Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width and lying immediately adjacent to the Northeasterly line of Lot 94, Block 304 in Belmont Thirty- Seventh Filing, according to the recorded plat thereof, filed for record September 20, 1973, and immediately adjacent to the Northeasterly line of Belmont 77th Filing, according to the recorded plat thereof, filed for record November 22, 1995. Together with the right of ingress and egress over and across the immediately adjoining land of Grantor to and from the Property necessary to use this easement. Grantee shall promptly restore the Property and Grantor's other property damaged during Grantee's construction and maintenance operations to as near the original condition as reasonably possible. Grantee shall repair all damage to the existing sprinkler system on the Property during Grantee's construction and maintenance. Grantor reserves the right to use and occupy the Property for any purpose which does not reasonably interfere with the rights granted in this easement agreement. Grantee shall notify the City of Pueblo Parks and Recreation Department at least 7 days before any construction and repair work in or on the Property. Grant » r�U . r 1: «:� .7 1 +.. 7 .,.feY, , „,. .,ill �� ino allpri .2 U1 QntLe YV Q11 QL11.J th at Qll of e t 1QV1111i 0 Klan l rlKar�{ u�t /wa �vl[M[iv vJ •. a. a least two (2) feet below the surface of the Property and that they shall neither locate, erect nor cause to be located or erected any building or any other structure, fixture or facility upon the Property. Grantee shall indemnify and hold harmless Grantor, and its officers, employees and agents, from all claims, liabilities and expenses, including reasonable attorneys' fees, for damage or injury to persons or property caused or occurring by reason of the negligent or tortious acts or omissions of Grantees, their officers, agents or employees. This Easement and its covenants, terms, conditions and provisions shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Book: 2924 Page: 242 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. ` e ; .: GRANTOR: y' Pueblo, A Municipal Corporation k� , _ e By. o Presi nt, City Council 'AITEST: it _° City Clerk STATE OF COLORADO) ) ss. COUI T Y OF PUEBLO ) The foregoing instrument was acknowledged before me on August 12 , 1996, by Fay B. Kastelic as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. "M'ycommission expires O F C" ' STATE OF COLORADO) ) ss. COUNTY OF PUEBE& ) Air► 5 GRANTEE: U.S. West Communications By: A The foregoing instru nt was cknowledged before me on APR i L ! 1996 by � A I E �- as of U.S. West Communications. K M�VA Witness my hand and official seal. M ommission expires: i e p�� 949- � o ary Public 1 2 - - Z - Z -� Ilk.-- Ny Public I-) Reception #: 1137062 Date: 08/27/1996 Time: 1156 Book: 2924 Page: 243 Chris C. Munoz Inst: EASE R Fee: 10.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.Clk. &Rec. EASEMENT AGREEMENT THIS EASEMENT is granted on Auctust 12 , 1996, by Pueblo, a Municipal Corporation, Grantor, to WestPlains Energy, Grantee. WITNES SETH: In consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is acknowledged, Grantor grants to Grantee, their successors and assigns, a five (5) foot easement to install, construct, operate, maintain, replace and remove Grantee's utility facilities and related appurtenances under and across Grantor's property described below in Pueblo County, Colorado (the Property); UTILITY EASEMENT: An easement for utility purposes through a portion of Parcel "A ", Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width, lying North of and immediately adjacent to the following described reference line: Beginning at the Westernmost corner of said Parcel "A "; thence Southeasterly, along the South line of said Parcel "A" the following two (2) courses: 5.40° 51'39 "E., a distance of 217.83 feet; 2. 5.74° 27'17 "E., a distance of 432.83 feet to the Point of Terminus. MAY ALSO BE DESCRIBED AS FOLLOWS: An easement for utility purposes through a portion of Parcel "A ', Block 308 in Belmont Trty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width and lying immediately adjacent to the Northeasterly line of Lot 94, Block 304 in Belmont Thirty- Seventh Filing, according to the recorded plat thereof, filed for record September 20, 1973, and immediately adjacent to the Northeasterly line of Belmont 77th Filing, according to the recorded plat thereof, filed for record November 22, 1995. Together with the right of ingress and egress over and across the immediately adjoining land of Grantor to and from the Property necessary to use this easement. Grantee shall promptly restore the Property and Grantor's other property damaged during Grantee's construction and maintenance operations to as near the original condition as reasonably possible. Grantee shall repair all damage to the existing sprinkler system on the Property during Grantee's construction and maintenance. Grantor reserves the right to use and occupy the Property for any purpose which does not reasonably interfere with the rights granted in this easement agreement. Grantee shall notify the City of Pueblo Parks and Recreation Department at least 7 days before any construction and repair work in or on the Property. Grantee warrants that all of their facilities and related appurtenances will be installed at least two (2) feet below the surface of the Property and that they shall neither locate, erect nor cause to be located or erected any building or any other structure, fixture or facility upon the Property. Grantee shall indemnify and hold harmless Grantor, and its officers, employees and agents, from all claims, liabilities and expenses, including reasonable attorneys' fees, for damage or injury to persons or property caused or occurring by reason of the negligent or tortious acts or omissions of Grantees, their officers, agents or employees. This Easement and its covenants, terms, conditions and provisions shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Book: 2924 Page: 244 Chris C. Munoz `• Page: 2 of 2 Pueblo Co.Clk. &Rec. GRANTOR: Pueblo A Municipal Corporation er w, ') 13 ' s •,,, ,� By: _'.,. Presid t, City Council 'ATTESf City Clerk STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on August 12 , 1996, by Fay B. xastelic as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. My commission expires: 8 / * 0 t1 n p F C', C. Notary Public GRANTEE: WestPlains Energy By: Carole J. Lpxfge President STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on March 22 , 1996, by Carole J. Lange as President of WestPlains Energy. Witness my hand and official seal. My commission expires: 7/13/96 Le k 4 It 4 a � JJ , 4-� , Notary Public Roberta Jo Carlisle 'Z Reception #: 1137059 Date: 08/27/1996 Time: 1150 Book: 2924 Page: 237 Chris C. Munoz Inst: EASE R Fee: 10.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.Clk. &Rec. EASEMENT AGREEMENT THIS EASEMENT is granted on August 12 , 1996, by Pueblo, a Municipal Corporation, Grantor, to TCI Cablevision of Colorado, Grantee. WITNES SETH: In consideration of One Dollar ($1.00) and other good and valuable consideration paid by the Grantee, receipt of which is acknowledged, Grantor grants to Grantee, their successors and assigns, a five (5) foot easement to install, construct, operate, maintain, replace and remove Grantee's utility iacihkies and -eluted appurtenances under and across Grant or's property described below in Pueblo County, Colorado (the Property); UTILITY EASEMENT: An easement for utility purposes through a portion of Parcel "A', Block 308 in Belmont Thirty -Ninth Filing, according to the recorded plat thereof, filed for record November 26, 1973, being 5 feet in width, lying North of and immediately adjacent to the following described reference line: Beginning at the Westernmost corner of said Parcel "A "; thence Southeasterly, along the South line of said Parcel "A" the following two (2) courses: S.40 51'39 "E., a distance of 217.83 feet; 2. 5.74° 27'17 "E., a distance of 432.83 feet to the Point of Terminus. MAY ALSO BE DESCRIBED AS FOLLOWS: An easement for utility purposes through a portion of Parcel "A ', Block 308 in Belmont Thirty -Ninth Filing, according to the recorded piat thereof, fiied for record November 26, 1973, being 5 feet in width and lying immediately adjacent to the Northeasterly line of Lot 94, Block 304 in Belmont Thirty- Seventh Filing, according to the recorded plat thereof, filed for record September 20, 1973, and immediately adjacent to the Northeasterly line of Belmont 77th Filing, according to the recorded plat thereof, filed for record November 22, 1995. Together with the right of ingress and egress over and across the immediately adjoining land of Grantor to and from the Property necessary to use this easement. Grantee shall promptly restore the Property and Grantor's other property damaged during Grantee's construction and maintenance operations to as near the original condition as reasonably possible. Grantee shall repair all damage to the existing sprinkler system on the Property during Grantee's construction and maintenance. Grantor reserves the right to use and occupy the Property for any purpose which does not reasonably interfere with the rights granted in this easement agreement. Grantee shall notify the City of Pueblo Parks and Recreation Department at least 7 days before any construction and repair work in or on the Property. era tee th?t all of their facilities and related appurtenances will be installed at least two (2) feet below the surface of the Property and that they shall neither locate, erect nor cause to be located or erected any building or any other structure, fixture or facility upon the Property. Grantee shall indemnify and hold harmless Grantor, and its officers, employees and agents, from all claims, liabilities and expenses, including reasonable attorneys' fees, for damage or injury to persons or property caused or occurring by reason of the negligent or tortious acts or omissions of Grantees, their officers, agents or employees. This Easement and its covenants, terms, conditions and provisions shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Book: 2924 Page: 238 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. GRANTOR: Pueblo, A Municipal Corporation By: a - Preside , City Counci ri ATTEST:. City Clerk STATE OF COLORADO) ) ss. COO :T "OF PUEE1 ) The foregoing instrument was acknowledged before me on August 12 , 1996, by Fay B. xastelic as President of City Council, and Gina Dutcher as City Clerk. Witness my hand and official seal. " -My commission expires: -91 ? _ U , ', G f� C c: C- Notary Public GRANTEE: TCI Cablevl • LIM STATE OF COLORADO) ) ss. COUNTY OF PUEBLO ) Richard E. Frinklin . President The foregoing instrument was acknowledged before me on March 13 ) 1996, b Richard E. Franklin as President of TCI Cablevision of Colorado., Inc. Witness my hand and official seal. My commission expires: 12-16-99 MAUREEN A. CLARKE NOTARY PUBLIC s STATE OF COLORADO Lary Public, Maureen A. Clarke 0 am vp ON My Commission Expires 12/16/99