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HomeMy WebLinkAbout7964a� i 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 { �♦ \� rV J a .Np, wooAQ :r11!i{t1 t.4�� 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.