HomeMy WebLinkAbout83621212318 04/03/1998 09:02A B3105 P408 RES
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RESOLUTION NO. 8362
A RESOLUTION APPROVING AN EASEMENT AGREEMENT
WITH WESTPLAINS ENERGY FOR THE CONSTRUCTION OF
A WALL ADJACENT TO THE HARP PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: „
Section 1.
The Easement Agreement between the City of Pueblo and WestPlains Energy, a copy of
which is attached, is hereby approved.
Section 2.
The President of the City Council is authorized and directed to execute such Easement
Agreement for and on behalf of the City of Pueblo, the City Clerk is directed to attest same and
affix the seal of the City.
Section 3.
This Resolution shall become effective upon final passage.
INTRODUCED: March 23 1998
. c� Y *" .,, t d • CC, By: Rich Gol enda
Council Member
r, APPROVED:
':s"7 ,,�� President of Ca Co cil
ATTEST; "
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A 3-231-W
Council Agenda
TITLE RESOLUTION APPROVING EASEMENT AGREEMENT AGENDA ITEM #
WITH WESTPLAINS ENERGY FOR THE CONSTRUCTION
OF A WALL ADJACENT TO THE HARP PROJECT
DEPARTMENT PUBLIC WORKS DATE March 9, 1998
ISSUE
Should the City Council grant an easement to WestPlains Energy for the construction of a decorative
wall between their power generating facility and the HARP Project.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
In 1996, the City purchased a parcel of land adjacent to the WestPlains Energy power generating
plant from the Union Pacific Railroad Company generating plant in the 400 block of "D" Street.
WestPlains Energy would like to construct a decorative wall to screen the power plant from the HARP
Project, and this easement is needed for that purpose.
The easement contains approximately 693 square feet of property and is shown on Exhibit "A ", which
is attached to the easement description.
FINANCIAL IMPACT
There is no financial commitment by the City as a result of the granting of this easement.
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Name of Line
p WALL CITY OF PUEBLO
or Extension Document No.
Landowner PUEBLO
W.O. J.O. No. 23557200 District
R.O.W. Agent MARK E. EVEN Address Town PUEBLO
IN CONSIDERATION of the sum of $1.00 and other valuable consideration, the undersigned landowner(s) (hereinafter "Landowner" or
"Grantor ") hereby grant(s) unto WESTPLAINS ENERGY, a Division of UtiliCorp United, Inc. (hereinafter "WestPlains" or "Grantee"), its
successors and assigns, the right, privilege and authority to construct, operate, maintain and remove its electric transmission, distribution and
service lines, whether said lines now or may hereafter serve the property described herein or other property, with all conduit, poles, crossarms,
cables, wires, guys, supports and devices, used or useful in the operation of said line, over, under, across and upon the following described
tract of land now owned by the undersigned grantor, or in which the undersigned grantor may have an interest, located in the County of
PUEBLO State of Colorado, to wit: A parcel of land located within Section 36, Township 20 South,
Range 65 West, of the 6th P.M., being described as a portion of Lots 14, 15, and 18, and a
portion of the vacated alley, within Block 30, of Colorado Coal & Iron Company's Addition,
No. 2, dated July 10, 1887, County of Pueblo, State of Colorado, being more particularly
described as; Commencing at a found city monument at the intersection of vacated Lamkin Street,
according to Vacation Ordinance #854, dated October 18, 1911, and "D" Street; thence
N44 0 59'58 "W, 10.00 Feet, to a point on the centerline of vacated Lamkin Street; thence
N45 °00'02 "E, along the centerline of vacated Lamkin Street, a distance of 430.00 Feet, to a
point at the Southeasterly corner of Parcel 1, as described in Book 1026, at Page 516, of the
Pueblo County records; thence N60 ° 31 1 25 "W, along the Northeasterly line of said Parcel 1, a
distance of 139.00 Feet, the True Point of Beginning; thence N60 ° 31'25 "W, continuing along said
Northeasterly line, a distance of 47.82 Feet, to a point at the Northwesterly corner of Lot 18,
of said Block 30; thence N44 0 59'58 "W, a distance of 10.00 Feet, to a point at the centerline of
the vacated alley of said Block 30; thence S45 0 00'02 "W, along said centerline of vacated alley,
a distance of 3.00 Feet; thence N77 0 53 1 20 "W, along the Northeasterly line of Parcel 2, as
described in Book 1026, at Page 516 and 517, a distance of 16.00 Feet.; thence N45 0 00'02 "E,
departing said Northeasterly line, a distance of 24.49 Feet; thence S44 ° 59'58 "E, a distance of
69.51 Feet, to the Point of Beginning. Said Parcel contains 693.47 Square Feet, more or less.
Bearings are based on the monumented line of "D" Street, from a found city monument at the
intersection of "D" Street and Union Avenue, and a found city monument at the intersection of
"D" Street and vacated Lamkin Street, which is assumed to bear N44 0 58'44 "W.
Together with the right to enter upon said premises, survey, construct, reconstruct, maintain, operate, remove, control and use said
lines and to remove objects interfering therewith, and the right to permit the attachment of telephone line or lines to said poles or other
structures of grantee, and to permit the attachment of the wires of any other company to said poles or other structures of grantee, and grantor
further grants to grantee, the right and authority to trim or cut down any trees which may interfere with the construction, maintenance and
operation of said lines, and the right to remove obstacles or fill ditches, excavations or depressions in the ground, where necessary, to make
motor vehicle travel practical upon the easement and right -of -way. Grantor also grant(s) to grantee the right of ingress and egress from lands of
the grantor that adjoin the easement and right -of -way hereby granted by foot or vehicular travel for the purpose of surveying, constructing, maintaining
and controlling the lines, poles, conduit or other improvements placed or constructed on the easement and right -of -way described herein.
Grantor hereby covenants with the grantee that it is lawfully seized and possessed of the real estate above described and that it has
good and lawful right to convey it or any part thereof, and that said property is free and clear of all liens and encumbrances whatever.
The grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges
above granted and which will not interfere with or endanger any of the grantee's facilities therein or use thereof.
In the event grantor constructs or erects any buildings, structures or signs or wells on said easement and right -of -way, such construction
shall be limited to those which will not interfere with or endanger any of the grantee's facilities therein or the use thereof, nor endanger the
public, and shall further be limited to such types of construction, distances and tolerances as meet the safety requirements of the National
Electrical Safety Code as it shall be in effect at the time of such construction.
The work of installing said electric lines and appurtenances shall be done with care, and all damage to the premises caused thereby
shall be repaired at the expense of the grantee.
Nonuse or a limited use of this easement shall not prevent grantee from thereafter making use of this easement and right -of -way to
the full extent herein authorized, except that the failure of grantee hereunder to energize a line or lines on said easement and right -of -way
during a continuous period of year(s), shall upon the written notice of the grantor terminate this easement and right -of -way.
However, should such failure to energize arise by reason of storm, flood or other Act of God, by fire, war, rebellion, insurrection, sabotage,
riot, strike or civil disobedience, governmental legislative, judicial or regulatory action, or other occurrence beyond the reasonable control of
grantee, then for such time as said failure to energize shall have been caused by any of such instances of force majeure, WestPlains shall be
excused from so energizing said line for purposes of this paragraph.
Grantee agrees to move the line or lines located on the easement and right -of -way granted above within one hundred eighty 0 80) days
after request to do so by grantor, provided only however that the expense of all removal and reconstruction shall be borne by grantor, and
further provided that grantor furnishes an easement and right -of -way of equal width and upon equal terms and conditions without charge to
grantee as a condition precedent to such removal for the relocation of said lines.
Signed this X; day of . 19 9$.
F. = 2
Form No. 2800 (Rev. 5/92)
1 M- 6/92 -18752 2
bi c Off Cound 1
Landowner
(SEAL)
(SEAL)
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24.49' 1212318 04/03/1998 09:02A 83105 P411 RES
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