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HomeMy WebLinkAbout8283RESOLUTION NO. 8283 A RESOLUTION APPROVING A GRANT OF EASEMENT AT PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK TO PUEBLO COUNTY, COLORADO FOR INSTALLATION AND OPERATION OF A TOWER FOR AN EMERGENCY WARNING SYSTEM BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Grant of Easement dated November 24, 1997 between Pueblo, a municipal corporation and Pueblo County, granting to Pueblo County an easement for installation and operation of a tower for an emergency warning system, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute and deliver the Grant of Easement in the name of the City and the City Clerk is directed and authorized to affix the seal of the City thereto and attest same. AT T L;ST: City Clerk INTRODUCED: December 8, 1997 By Al Gurule Councilperson APPROVED: President of Ae City Council GRANT OF EASEMENT THIS GRANT OF EASEMENT is made and entered into this.- day of 1997, by and between Pueblo County (hereinafter referred to as "County "), whose legal address is 215 W. 10th Street, Pueblo, Colorado, 81003- 2944, and the City of Pueblo, a Municipal Corporation (hereinafter referred to as "Owner "), whose legal address is 1 City Hall Place, Pueblo, Colorado 81003; WITNESSETH: WHEREAS, Owner owns the property located in Pueblo County, Colorado and legally described in Exhibit A attached hereto and incorporated herein by this reference (the "Property "); and WHEREAS, the County desires to construct, house, use and maintain a tower on the Property for the purpose of an outdoor emergency warning system. NOW, THEREFORE, for and in consideration of one dollar ($1.00) and other good and valuable consideration herein stated, the receipt and sufficiency of which are hereby acknowledged, the County and Owner agree as follows: Grant of Easement. Owner hereby sells, conveys and grants to the County, its successors and assigns, an Easement on, along, over and across the Property, for the purpose of the construction, housing, use and maintenance of an Outdoor warning Tower (hereinafter referred to as "Tower "), not to exceed four thousand seven hundred ten (4,710) feet in height above ground level at the site, for the purpose of an outdoor emergency alert system. TOGETHER WITH the right of ingress and egress across the Property, and any adjoining property, owned by Owner, reasonably necessary for the purpose of construction or maintenance of the Tower. This Easement shall include the right of County to use the tower for its intended emergency warning purposes, including any testing reasonably necessary to ensure the system is functioning properly. "Emergency" may include any life threatening chemical weapons emergency, severe imminent weather emergency, hazardous materials emergency, or any other emergency within the proximity of the Tower for which use of the tower is necessary or required. The Owner reserves the right to use and occupy the Property for any purpose which does not unreasonably interfere with the rights herein granted. In case the Tower is not constructed or installed within twelve (12) months of the date of this Grant of Easement, or in the event of abandonment or non -use of the easement for the purpose of an outdoor emergency warning system and Tower for a period of twelve (12) consecutive months or more this Grant of Easement and all rights, privileges and interest granted herein shall terminate and County shall remove the Tower and restore the Property to its original condition. Consideration. County, through funds obtained from the Chemical Stockpile Emergency Preparedness Program (hereinafter referred to as "CSEPP ") as funds are available and appropriated by County, shall bear the costs of obtaining the Easement, including property ownership research fees, surveying fees, and recording fees. Owner, by grant of this easement, shall obtain the benefit of having the outdoor warning system in Pueblo County, for assistance in protection of the Owner, the Owner's property, and other citizens of Pueblo County. Restoration of Land. At the conclusion of construction of the Tower, or its removal, at the termination of this easement, County shall restore all lands including the Property which have been altered by the County during construction to a condition as comparable as is reasonable to its condition prior to construction. Liability. County will indemnify and hold harmless the Owner, its officers, agents and employees, from and against any and all actions, claims, demands, liabilities, expenses, and suits of any kind or nature whatsoever for damages or injury to persons or property caused or occurring by reason of the careless, negligent or intentional acts or omissions of the County, its officers, directors, agents or employees arising out of or related to, directly or indirectly, County's use and enjoyment of the easement granted herein or, as a result of sounds emitted from the Tower when activated and being used by the County. Owner hereby acknowledges that County has informed Owner of the purpose, use and function of the Tower to be installed pursuant to this Easement. Owner acknowledges that Owner understands and agrees that the Tower will emit loud sounds up to and including 126 decibels. Owner has read Exhibit B, which is attached hereto and incorporated herein by this reference, describing the implications of this level of sound emission. �1� - -A ' JV �- initials of Owner Initials of Chair, Board of County Commissioners FAA Approval. This Grant of Easement and all rights granted herein are subject to and conditioned upon its approval of the County's intended use by the Federal Aviation Administration (FAA). County will comply with all notification and review requirements of the FAA prior to construction, modification or alteration of the Tower. 2 Recording. Owner understands and agrees that this instrument will be recorded by County in the office of the Pueblo County Clerk and Recorder, and /or such other place as shall be appropriate, in order to give actual or constructive notice to all persons that this easement has been granted. Modifications. This Grant of Easement constitutes the entire agreement between the parties with respect to this grant of easement and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties. No variation or modification of this Grant of Easement, and no waiver of any of the Grant of Easement's provisions or conditions, shall be binding unless made in writing and signed by duly authorized officers and /or representatives of the parties, which modification shall be recorded in the office of the Pueblo County Clerk and Recorder, and /or such other place as shall be appropriate in order to give actual or constructive notice to all persons that the modification has been made. Running of Benefits and Burdens. All provisions of this instrument, including all benefits and burdens, shall run with the land and are binding and shall inure to the benefit of the assigns and successors of the parties hereto until terminated through abandonment or non -use for a period of twelve (12) consecutive months or more, or until terminated by mutual written agreement of the parties hereto, which agreement shall be recorded in the Office of the Pueblo County Clerk and Recorder, and /or such other place as shall be appropriate, in order to give actual or constructive notice to all persons that this easement has terminated. Additional Provisions. Owner reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for the passage of aircraft in the air space above the surface of the Property, together with the right to cause in the air space above the surface of the Property such noise as may be inherent in the operation of any aircraft now know or hereafter used for navigation of or flight in said air space, and for use of the air space above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. County expressly agrees for itself, its successors and assigns, to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than four thousand seven hundred ten (4,710) feet above the mean sea level. In the event this covenant is breached, Owner reserves the right to enter upon the Property at the expense of the County to remove the offending structure or object and to cut the offending growth. County expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. K., IN WITNESS WHEREOF, This Grant of Easement has been executed and delivered the day and year first set forth above. PUEBLO, A MUNICIPAL CORPORATION BY: Preside t of Ci Council ATTEST: w � _ _ ,a - - STATE OF COLORADO) COUNTY OF PUEBLO ) ss The foregoing instrument yvas ac kno ledged before me this�day of DCem 1997, by as President of the City Council and r ljr)p DL(tZ'hE'i- as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. A �rokv - n 11j� My commission expires: g -21- `✓7 tary Public PUEBLO COUNTY, COLORADO BY: 7�k 4 "-"a K thy F rley, Chair Board f County C missioners ATTEST: Clerk to the Board V STATE OF COLORADO) COUNTY OF PUEBLO ) ss The foregoing instrument was acknowledged before me this ay of /,[Q�° - � , 1997, by Kathy Farley, as Chair and by Zas Clerk to the Board of County Commissioners, Pueblo County, Colorado. Witness my hand and official seal. 2 -2� , _ My commission expires: Not Public 5 1111111 STATE OF COLORADO, 1207988 03/05/1998 10:29A 83093 P730 EASE ss. 7 of 9 R 0.00 D 0.00 Pueblo Cty Clk & Rec. County of Pueblo, The Board of County Commissioners met in Requ 1 a r session in its office in Pueblo County, Colorado, on Tuesday the 25th day of November A .D.19_97 , at 1 n. n p A M o'clock. Present: Kathy Far 1 o V Chairman. " Ri ch a r d A Ma rt- i rie z.. County Com " ,Tnhn r K omp County Commissioner. " Torr�y ATHart County Attorney. " Sue M Kovacich, Deg. Clerk County Clerk or Deputy. When the following proceedings, among others, were had and done, to wit: RESOLUTION NO. 97 -476 APPROVING THE GRANT OF EASEMENT BETWEEN PUEBLO COUNTY AND THE CITY OF PUEBLO WHEREAS, the City of Pueblo (City) is the owner of real property in Pueblo County, Colorado; and WHEREAS, Pueblo County, Colorado desires to construct, house, use and maintain a tower on a parcel of the City's property for the purpose of an outdoor emergency warning system; and WHEREAS, the City has agreed to grant to Pueblo County an easement across its property for the purpose of constructing and maintaining the tower; and WHEREAS, the Pueblo County Attorney's office recommends entering into a Grant of Easement with the City; and WHEREAS, this Board concurs with the aforementioned recommendation and desires to enter into said Grant of Easement with the City. NOW, THEREFORE, BE IT RESOLVED, that the Grant of Easement between Pueblo County and the City of Pueblo, the terms and conditions of each of which are incorporated herein by reference be, and hereby is, approved. BE IT FURTHER RESOLVED, that the Chair of the Board of County Commissioners of Pueblo County be, and hereby is, authorized to execute said Grant of Easement on behalf of Pueblo County. By the following vote on roll call: MARTINEZ - AYE KLOMP - AYE FARLEY - AYE outd oor Wamin Sitee 1' 12 Outd 9 cel F, Pueblo Memorial Airport Industrial Park Subdivision, o a ed1 within a o portion of Colorado. A portion of Par SW 114 of Section 25, Township 20 South, Range 64 West of the Sixth � W U W G.P.S. CONTROL MONUMENT NO. 425 ea S : n od n d \� 3 112 aluminum monument tamped for �.+ ' IV W ej e tc' °K `'� the West 1/4 corner of S 30, T20S, l ° P° R64W, in a cast iron range box set — d v X6 ,{B ►7 r flush with the paved surface. � M >. a BASIS — BEARINGS CV) sQ N 89'07'58' E 10556.90 m • 0 =" o 5 �V • Q aopt s o? O N O ' M 00 620• rn .► N C4 \X pt °`� t G.P.S.. CONTROL MONUMENT NO. 329 �� cr L O t°o 1' x 1' concrete pad with m µ/ the East 1/4 comer of � 50.00 2 1/ brass 2" concrete — filled pipe a 314.47 S 8T 16 07 POINT OF BEGINNING with tag stamped for ,/ rn m northerly right— of — WOY I' / white Boulevard Section 29, T20S, R63W. �!; o White Boulevor William M• William M. m a F. PL Pow cetofisl land located within a portion of Phe 1/4 ofasectionn25A ownship YO of South, Range 64 West of the Sixth Principal Meridian, Pueblo County. Colorado, being - Goa) more particularly described as follows: �5sr�`y ~��; BEGINNING of a point on the northerly right -of -way line of William M. White , F F �� C boulevard from which the G.P.S. Control Monument No. 425 bears N 8343'42' E M �� i �� „ v�� . �\ (bearings based on that line from G.P.S. Monument onument 425, monumented with 3 �ypv: \v t s`4;a �j ` � ao Cl� 1/2' aluminum monument stamped for the West 1/4 comer of SectioOVe�Osurface, Tow G.P.S. South, Range 64 West, in a cast iron range box set flush with the p • ` 4 , Control' e umebross9ornstamped �or with the /4 comer of Section 29 * 'i filled pipe 9 South, Range 63 West to bear N 89 * 07 ' 58 ' • y '07 o' » dust on�cee c� 6om °M feet- Boulevard a thence 0 S 8716'07' W along the said northerly rig Y distance of 50.00 feet; thence N 02'43'53' W a distance of 25.00 feet; thence •° N 8716'07 E a distance of 50.00 feet. thence S 024353' E a distance of 25.00 „�•• ... .F;• f! feet to the POINT OF BEGINNING. qlF OF C Said Parcel contains 1,250 square feet. �t- 7i is to Aove preponrd the description above from a ground survey of the �' The prepared under my direct responsible charge. N = 20' as /-30/ SCALE 1' OCKY L & � � * YOR 6128 DEPARTMENT OF SAFETY OPERATION Prole" of Ave. ms a - Pus nd Profeaatona 631 La land - SuLake Aw. bb, CO 779 - 544 0865 _ SITE SURVEY /OUTDOOR WARNING SITES Jh` 97- 303 _ 00 /FB 13 _ ­ 1 _;. \ ,4.. \ 97303P 12.DWG Drown W. DSJ ^f decibel levels chart-Env. 10 EXHIBIT B :; Page I of I NOISE LEVELS IN DECIBELS Noise Source Decibel Level Noise Effect J et takeoff (25 M) 150 Eardrum rupture Aircraft Carrier Deck 140 Earphones at high l evel J et takeoff (100 M) 130 ' Thunderclap, Live Rock Music, Chain Saw 120 Human Pain hreshold Steel Mill, Riveting, auto horn at 1 M 110 Jet takeoff (305 M), Outboard motor, power lawn mower, m otorcycle, farm tractor, jackhammer, garbage truck 100 Mage ous hearing (8 hrs B usy urban street, diesel truck. food blender Hearing d amage (8 hrs) 90 Garbage disposal, dishwasher, average factory, freight train (15 80 ossible Hearing d amage F reeway Traffic at 15 M, vacuum cleaner 70 Annoyin C onversation in restaurant, office. background music 60 Q uiet suburb, conversation at home 50 Ouiet ibrary 40 uiet rural area 30 his per, rustling leaves 20 Very Quiet O reathing 10 0 rfhreshold of hearing .jIntroduction to the Environment Home Page 1111111 fill 111 11111111111111111111111111 ll 07988 03/05/1998 10 :29A 83093 P732Illl 111! 1111 EASE 9 of 9 R 0.00 D 0.00 Pueblo Cty Clk &Rec. r 5/2fi197