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Home My WebLink About8831111111111111111111111111111111111111111 1305522 iii 1111111111111 11/01/1999 10:35A RES Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. RESOLUTION 8831 A RESOLUTION GRANTING AN EASEMENT TO WESTPLAINS ENERGY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The easement dated October 25, 1999, a copy of which is attached hereto, after having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby directed to sign said easement on behalf of the City of Pueblo. CFC'TI(1N I The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED October 25 ,1999 B Robert Schilling Cou i person APPROVE President of the Council ATTEST: Ci Clerk !l Council Agenda TITLE: A RESOLUTION GRANTING AN EASEMENT TO WESTPLAINS ENERGY DEPARTMENT: PUBLIC WORKS ISSUE AGENDA ITEM # DATE : October 25, 1999 Should the City Council grant an easement to WestPlains Energy for the purpose of installing a public utility in, through, over, under and across the City's property, on the West side of Elizabeth Street, approximately 150' South of the intersection of 2 nd Street and Elizabeth Street. RECOMMENDATION Approval of this Resolution BACKGROUND This easement is necessary for the extension of a power line through City owned property. FINANCIAL IMPACT There is no financial impact upon the City due to this actions. r . '. - 1 1305522 11/01/1999 10:35A RES Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT A DESCRIPTION OF PROPOSED ELECTRIC EASEMENT: An easement for electric purposes through a portion of Parcel A, Block 1 in Historic Arkansas Riverwalk Project, Filing One, according to the recorded plat thereof, filed for record July 20, 1999 in the County of Pueblo and State of Colorado, said easement being 10 feet in width, 5 feet on each side of the following described centerline: Commencing at the Northwest corner of said Filing One; thence S. 00 11 3533" E., along the West boundary line of said Filing One, a distance of 200.93 feet to the True Point of Beginning of the easement centerline herein described; thence N. 24 0 46'52" E., a distance of 68.59 feet to the Southwesterly right- of - .,vay line of Elizabeth Street, as platted in said Filing One and the Point of Terminus. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 th Street Pueblo, CO 81003 August 9, 1999 IN 96 02104 111M 11111111111111111111111111111111111111111111111111 IN 1305522 11/01/1999 10:35A RES Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. ° 2 EXHIBIT B P,O,C, Ln STREET N89'11' 3"E NOT TO SCALE 80.03 - T - T - 2.32' 8 I 7 { I I f I I 1 f I I R= 332,00' L= 140,24' M rn Ch I i A =24 °12'11' I i I I m S1 4'38'06"E >� • 0---e- EXISTING EXISTING BLDG. PARKING LOT S24'46'52'V b # t� 10 I� 4.22' < (� 10 ELECTRIC EASEMENT � rm �'� \ i u y �� SW 1/4 M N35'57'12'W ��` LO 40,00' NE 1/4 0 ,� SECTION 36 S gt 0�2 � V 1 1305523 11/01/1999 10:35A EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. EASEMENT THIS EASEM__ENT made this 25th day of October 1999 , by Pueblo, a Municipal Corporation, Grantor, to WestPlains EnerZy Grantee: WITNESSETH: IN CONSIDERATION of the sum of One Dollar (51.00) 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 and maintenance of underground utility lines under and across the property which the Grantor owns or in which the Grantor has any interest 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 exercising its rights herein granted. Grantee , AU 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 for any purpose which does not unreasonably interfere with the rights herein aranted. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns until such underground utility lines be constructed, and so long thereafter as same are maintained thereon; subject and subordinate to: all easements, restrictions and reservations of record affecting the Propem, to Grantor's reserved right to use and occupancy of the Property, to Grantor's reserved right to require relocation of such utility lines at Grantees expense in connection with any public project. and to the covenants and conditions set forth in this instrument. PROVIDED, HONVEVER, 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 underground utility lines and related appurtenances shall be installed not less than 22 feet below the surface of the Property and that in no event shall Grantee locate, erect or cause to be located or erected any building or other structure. fixtures or facility upon the Property. (b) Grantees use and occupancy of the easement shall be subject to all terms and conditions of any franchise - by Grantor to Grantee and the terms and conditions of such franchise shall apply to the use and occupancy of said easement to the same extent and effect as if easement were a public street. 1 1 1305523 11/01/1999 10:35A EASE Chris C. IN 111 Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. (c) Grantee agrees to indemnify and hold harmless Grantor from all claims for damage to property, injury or death which arise from the construction, use or maintenance of the easement by Grantee, including reasonable attorney fees. (d) In the event Grantor, in its sole discretion, determines that it is necessary or desirable that Grantee's underground utility lines located within the easement granted by this instrument be removed or relocated in connection with the realignment or grade change of any street, road or other public way, or in connection with any other public project undertaken by Grantor, Grantee shall so remove or relocate its utility lines and related appurtenances from the easement at Grantee's sole expense. (e) In the event of non -use of the easement by Grantee for underground utility lines for a period of twelve (12) months or longer, said easement shall thereupon terminate and be automatically extinguished. (f) 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. Executed this 25th day of October ATTEST: AW City Cork 1999 rk 199 9 PUE O, a Municip Corporation, By , J �', 11 1 6 1 esident of the City Council COUNTY OF PUEBLO ) es STATE OF COLORADO ) ` The foregoing instrument was acknowledged before me this 26th day of October 199 9 by Corinne Koehler as President of the City Council and by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. %Vitness my hand and ofircial seal. \Iy commission expires: 8 - 2-0)03 SAl1/T /S _r �Z P -2- �_C ? r coL N otary Public Miy Commission Expires 03/2 112003 130 5523 11/01/1999 10:35A EASE Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Ct.y Clk & Rec. ACCEPTANCE The foregoing Easement is accepted by Grantee in accordance « its terms. GKA. TEE: UtiliCorp United, Inc. a Delaware Corporation ATTEST: Corpor Secre By ( � A Name: Carol, , . Lame` Title: Vice President, Network Opera COUNTY OF Pueblo STATE OF Colorado ss. The foregoing Acceptance was acknowledged before me this 25th day of October 1999 by Carole J. Lange , as Vice President, Network Opera of UtiliCorp United, Inc. a Delaware Corporation, and by Nancy Browning its Corporate Secretary. My commission expires: 7/13/00 [ �8 E,A L r 64� � Notary Public