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Reception #: 1140540 Date: 09/26/•1996 Time: 1150 Book: 2932 Page: 278 Chris C. Munoz
Inst: RES R Fee: 20.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 4 Pueblo Co.Clk. &Rec.
RESOLUTION NO. 7964
A RESOLUTION APPROVING AN EASEMENT FROM
PUEBLO, A MUNICIPAL CORPORATION, TO WEST -
PLAINS ENERGY FOR INSTALLATION OF AN ELEC-
TRIC POWER LINE AND APPURTENANCES ACROSS
THE CITY -OWNED MOUNTAIN VIEW CEMETERY
PARCEL
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
cF'rTTnN i
The Easement dated September 23, 1996, between Pueblo, a
Municipal Corporation, and WestPlains Energy, a copy of which is
attached hereto, 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 September 23 ,1996
By Samuel Corsentino
:r
�q J ti Counci 1person
APPROVED:
a
dy i 11 PresT en o the Council
ATTEST:
-I XN- 5Z
City Clerk
Book: 2932 Page: 279 Chris C. Munoz
Page: 2 of 4 Pueblo Co.C1k.&Rec.
EASEMENT
THIS EASEMENT, granted this 23rd day of September , 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 valuable consideration paid by the GRANTEE, receipt of
which is hereby acknowledged, GRANTOR hereby grants to GRANTEE,
its successors and assigns, a Six (6 ) foot easement and
right of way to install, construct, operate, maintain, replace and
remove a Electric Power Line and related appurtenances upon,
over, under and across the property which the Grantor owns or in
which '-he Cram r has y t , s • l d ,_1 C oun ty,
O :� .at'i ii, C - r2S�. ai�.�la�l.0 2i, cucu v �.vi,:t�
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 occupy the Property for any purpose which
does not unreasonably interfere with the rights herein granted.
GRANTEE acknowledges
and related appurtenances
feet below the surface of
it locate,
any other
and agrees that the
Electric Power Line
will be installed at least (3 �1-, )
the Property and that in no event will
erect or cause to be located or erected any building or
structure, fixture or facility upon the Property.
GRANTEE will indemnify and save harmless GRANTOR, its
officers and employees, 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 negli-
gent or tortious acts or omissions of GRANTEE, its officers,
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 representatives, successors and assigns of
the GRANTOR and GRANTEE. In case of abandonment or non - use of
this Easement for a period of twelve months or more, all rights,
privileges, and interest granted herein shall terminate.
PUEBLO, a Municipal Corporation
ATTEST:
B
City C1 rk Pres' ent of the City Council
Book: 2932 Page: 280 Chris C. Munoz
STATE OF COLORADO, Page: 3 of 4 Pueblo Co.Clk. &Rec.
) ss.
COUNTY OF PUEBLO. ) of
T foregoing instrument was acknowledged before me this da ident of
�.� 19 96 , by Fay B Kastelic as
the City ouncil, and by Gina Dutcher
as City Clerk of Pueblo, a
Municipal Corporation.
Witness my hand and official seal.
�
My commission expires:
(SEAL) N y Public
,, `1l4 / r ltr r`
A RY. G R A N T E E S
WESTPLAINS ENERGY
OF
hr4n rllrlt.,. B y L.
Name: Carole J Lange
Title: President & General Man ager
STATE OF Colorado , )
)ss.
COUNTY OF P ueblo )
The foregoing instrument was acknowledged before me this 2nd day of
August , 19 , by Carole J. Lan e
Witness my hand and official seal.
My commission expires:
E E A. 1!
7/13/2000
4ktl "L -
Notary Public * j
r I
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Book: 2932 Page: 281 Chris C. Munoz
Page: 4 of 4 Pueblo Co.C1k.&Rec.
EXHIBIT "A"
An easement being the West 6.0 feet of Lots 13 thru 24,
both inclusive, Block 4, Occidental Place, according to
the plat recorded in Book 6, at Page 49 of the Pueblo
County Records, and the West 6.0 feet of Lots 13 thru 24,
both inclusive, Block 4, Occidental Place, Second Filing,
according to the plat recorded in Book 7 at Page 14 of
the Pueblo County Records.