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Home My WebLink About8234Reception #: 1188454 Date: 10/03/1997 Time: 316 Book: 3042 Page: 903 Chris C. Munoz Inst: RES R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.C1k.&Rec. RESOLUTION NO. 8234 A RESOLUTION APPROVING AN EASEMENT FROM PUEBLO, A MUNICIPAL CORPORATION, TO WESTPLAINS ENERGY FOR INSTALLATION OF ELECTRIC TRANSFORMERS AND APPURTENANCES UPON CITY -OWNED PROPERTY IN THE 200 BLOCK OF WEST 3RD STREET BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement dated September 22, 1997, 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 Ser2tember 22 , 1997 By Al Gurule Council Person APPROVED: 'o X {f' Pre dent o the Council ATTEST: City Clerk t Reception #: 1188455 Date: 10/03/1997 Time: 318 Book: 3042 Page: 904 Chris C. Munoz Inst: EASE R Fee: 20.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 4 Pueblo Co.Clk. &Rec. EASEMENT THIS EASEMENT made this � day of September, 1997, by Pueblo, a Municipal Corporation, Grantor, to WestPlains Energy, a Division of Utilicorp United, Inc., Grantee: WITNESSETH: 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, subject to the covenants and conditions set forth herein, an easement for the installation, maintenance and operation of electrical transformers, related appurtenances, and protective fence (the "Facilities ") on the property which the Grantor owns 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 constructing and installing the Facilities. After the Facilities are installed, Grantee's only access to the Property will be through the adjacent alley. Grantee will restore the Property and Grantor's other property damaged during Grantee's construction and installation to as near original condition as reasonably possible. The Grantor reserves the right to use and occupy the Property and air rights over the Property for any purpose which does not unreasonably interfere with the rights herein granted, including without limitation, the construction, installation and operation of a public parking structure. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns until Facilities are installed and constructed, and so long thereafter as same are maintained thereon; subject and subordinate to: all easements, restrictions and reservations of record affecting the Property, and to the covenants and conditions set forth in this instrument. PROVIDED, HOWEVER, that the use and enjoyment of said easement by Grantee is expressly made subject to and conditioned upon the following covenants and conditions being observed by Grantee: (a) Grantee covenants and agrees that the Facilities will be constructed, installed, maintained and operated in compliance with all applicable federal, state and local laws and regulations. (b) The Facilities shall not be installed or constructed until after Grantee's receipt of a special use permit therefor issued pursuant to Section 17- 4 -30(c) of the 1971 Code of Ordinances of the City of Pueblo. (c) The Facilities shall be constructed and installed in order to permit and allow the safe construction, installation and use of a public parking structure above, over and adjacent to the Facilities. Book: 3042 Page: 905 Chris C. Munoz Page: 2 of 4 Pueblo Co.C1k.&Aec. (d) Grantee's use and occupancy of the easement and Facilities shall be subject to all terms and conditions of the franchise granted by Grantor to Grantee or under which Grantee conducts its electrical utility within the City of Pueblo and the terms and conditions of such franchise shall apply to the use and occupancy of said easement and Facilities to the same extent and effect as if easement were a public street. (e) Grantee agrees to indemnify and hold harmless Grantor, its officers, employees and agents from all claims for damage to property, injury or death which arise from the installation, construction, use, operation or maintenance of the easement and Facilities by Grantee, including reasonable attorney fees. (f) If the Facilities are not installed or constructed on the easement within six months from the date hereof, or, in the event of non -use of the easement by Grantee for the Facilities for a period of twelve (12) months or longer, said easement shall thereupon terminate and be automatically extinguished and Grantor shall remove the Facilities and restore the easement to its original condition. (g) This easement and the covenants, terms and conditions and provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Ex' te'this 22nd day of September, 1997. PUEBLO, a Municipal Corporation, By City G1er President of #e City/Council COUNTY OF PUEBLO ) STATE OF COLORADO ) ss. The foregoing instrument was acknowledged before me this hd day of September, 1997 by Cathy Garcia 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: N t ry Public `� , -2- Book: 3042 Page: 906 Chris C. Munoz Page: 3 of 4 Pueblo Co.Clk. &Rec. "EXHIBIT A" EASEMENT An easement located within the City of Pueblo, County of Pueblo, State of Colorado to- wit: A easement located within a portion of Lots 10 and 11, Block 33, in Town, now City of Pueblo, according to the plan of Pueblo made for the Probate Judge of said Pueblo County by H. M. Fosdick, Engineer in March 1869. Being more particularly described as follows: BEGINNING at a point on the south line of the alley in said Block 33, from which the northwest corner of Lot 9 of said Block 33 bears N 89 °59'52" W a distance of 60.44 feet; thence S 89 °59'52" E along the south line of said alley a distance of 7.17 feet; thence S 00 °00'08" W a distance of 3.00 feet; thence S 89 °59'52" E a distance of 2.83 feet; thence N 00 °00'08 E a distance of 3.00 feet to a point on the south line of said alley; thence S 89 °59'52" E along the south line of said alley a distance of 31.00 feet; thence S 00 °00'08" W a distance of 15.00 feet; thence N 89 °59'52" W a distance of 41.00 feet; thence N 00 °00'08" E a distance of 15.00 feet to the POINT OF BEGINNING. Said parcel contains 607 square feet more or less. Book: 3042 Page: 907 Chris C. Munoz Page: 4 of 4 Pueblo Co.C1k.&Rec. ACCEPTANCE The foregoing Easement is accepted by Grantee in accordance with its terms. GRANTEE: WestPlains Energy, a Division of Utilicorp United, Inc. ATTEST: Secretary COUNTY OF _ STATE OF By Name: Colennda M. Fratterelli Title: Director of Network Operations i ss. The forego in Acce tance was acknowl ed b ore me this g g /�' ` day of September, 1997 by � _ _ _ _ _ ;W & � , as f WestPlains Energy, a Division of Utilicorp United, Inc., and by its Secretary. ` Iy; irnission expires: ��7"Z�aeG cz .f q �c3 � 0 wf E A L' - Notary Public J: \CITY\PUBLIC W\ EASEI,INCS \WESTPLNS\EASEMNT2.WPD -3