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
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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
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