HomeMy WebLinkAbout09179RESOLUTION NO. 9 179
A RESOLUTION GRANTING AN EASEMENT TO UTILICORP
UNITED, UPON LANDS AT PUEBLO MEMORIAL AIRPORT
INDUSTRIAL PARK
WHEREAS, Utilicorp United has requested that an easement be granted by the City of
Pueblo through City owned land at the Pueblo Memorial Airport Industrial Park; and
WHEREAS, such easement is necessary to extend 11 5K power lines to the west end of
the Industrial Park
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
Section 1
The City of Pueblo does hereby grant to Utilicorp United an easement upon and across lands
at the Pueblo Memorial Airport Industrial Park subject to the conditions set forth in the easement
agreement attached hereto.
Section 2
The President of the City Council is authorized and directed to execute the easement
agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City
thereto and attest same.
INTRODUCED December 26
, 2000
By Rich Golenda
ouncilperso
APPROVED k to
ATTEST:
City Clerk
President of the Council
Background Paper for Proposed
Resolution
AGENDA ITEM # - 7
DATE: December 26, 2000
DEPARTMENT: PUBLIC WORKS
TITLE
A RESOLUTION GRANTING AN EASEMENT TO UTILICORP UNITED, UPON
LANDS AT PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK
ISSUE
Should the City Council grant an easement to Utilicorp United for the extension of a
I I5KV power line at the Pueblo Memorial Airport Industrial Park
RECOMMENDATION
Approval of this Resolution
BACKGROUND
Utilicorp United (WestPlains Energy) wishes to extend a 115KV power transmission line
along the south edge of the Industrial Park from their substation southeast of Reyes and
United Avenue to the west end of the Industrial Park. Because of the high voltage, the
lines will be overhead. The easement runs across a tract of land that was designated on
the subdivision plat for utility, drainage and access purposes.
FINANCIAL IMPACT
There is no financial commitment by the City as a result of granting this easement
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1366396 01/22/2001 10:40A EASE Chris C. Munoz
1 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Roe
EASEMENT
THIS EASEMENT made this 26 day of December , 2000, by
Pueblo, a Municipal Corporation, Grantor, Utilicorp United , 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 and maintenance of 115 KV
power lines 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"
and `B" (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 will restore the Property and Grantor's other property damaged
during Grantee's construction and maintenance operations to and 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
granted.
TO HAVE AND TO HOLD said easements unto Grantee, its successors and
assigns until such 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 Property, 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 Grantee's expense in connection with any public project, 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 utility lines and related
appurtenances shall be installed not less than 28 feet above the surface of the Property
and no more than 70 feet above the surface of the Property, that in no event shall Grantee
locate, erect or cause to be located or erected any building upon the Property.
(b) Grantee's use and occupancy of the easement shall be subject to all terms
and conditions of any franchising granted 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.
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1366596 01/22/2001 10:40A EASE Chris C. Munoz
2 of 5 R 25.00 D 0.00 Pueblo C!y Clerk A Ree
(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 overhead 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 utility lines for a
period of twelve (12) months or longer, said easement shall thereupon terminate and be
automatically extinguished.
(0 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 26th day of December , 20 00
PUEBLO, a Municipal
ATTEST: _
B 1 Y `.�
Y' Z/ /tt
City rk President of City Council
COUNTY OF PUEBLO )
STATE OF COLORADO ) ss.
The foregoing instrument was acknowledged before me this 2nd day of
January , 20 01 , by Corinne Koehler 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: R- 21 -pnn3
1
[SEAL] Notary Public
2
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1366596 01/22/2001 10:40A EASE Chris C. Munoz
3 of 5 R 25.00 D 0.00 Pueblo Cty Clerk A Roe
At-I- Y1 ANUE
The foregoing Easement is accepted by Grantee in accordance with its terms.
GRANTEE:
ATTEST
By
' t
� s�%'�r'•Ck � �i9Tra�_S
COUNTY OF Pg-06� Q )
STATE OF Colocg,�p ) ss.
a Corporation
Name:
Title
The foregoing Acceptance was acknowledged before me this /e day of
Q F-Cp- , 20 00 , by S. Loaogs ,
as �J;e� �ca �Je�worK O� ro;aNS Of U�',`'�(A 11.N�� , a
Corporation, and by A Loa0.a , its
b'trac - 6c, NE. O (JEro_��aNS
My commission expires: - 7117 b
IF A
O CU
s r0 X C
Notary Public
r
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1366396 01/22/2001 10:40A EASE Chris C. Munos
4 of 3 R 23.00 D 0.00 Pueblo C!y Clerk & Ree
Exhibit A
West Plains Energy 115 K.V. Line Extension
Revision 11 -14
A strip of land 30 feet in width, located within Sections 29 and 30, Township 20 South,
Range 63 West of the 6 Principal Meridian, County of Pueblo, State of Colorado, being
described as a portion of Parcels I and K, Pueblo Memorial Airport Industrial Park
Subdivision, as recorded in Book 2836 at Pages 669 & 670, County of Pueblo records,
being more particularly described as being 15 feet on each side of the following described
centerline.
Beginning at a point in said Parcel I, from which the centerline intersection of Reyes
Street and United Avenue (found city monument) bears N 70° 02' 21" W, a distance of
476.06 feet;
Thence N 89° 10' 55" E, a distance of 3 04. 10 feet;
Thence S 86° 44' 18" E, a distance of 723.42 feet;
Thence N 87° 34' 27" E, a distance of 4,502.51 feet;
Thence S 85° 35' 46" E, a distance of 3,423.87 feet, to a point in Parcel K, from which
the Southeast corner of said Parcel K bears, S 25° 32' 08" E, a distance of 140.56 feet;
Thence N 00° 57' 48" W, a distance of 2,433.45 feet;
Thence N 88° 03' 00" E, a distance of 69.54 feet, to a point on the easterly line of said
Parcel K, from which the Northeast corner of said Parcel K bears N 00° 48' 20" E, a
distance of 23.36 feet, said point being the Point of Terminus of this description.
Excepting from this description any portion lying within dedicated public right of way.
Bearings are based upon the centerline of United Avenue, from the Centerline of Reyes
Street (found city monument) to the centerline of Fairchild Street (found city monument)
assumed to bear N 87° 39' 28" E, based upon G.P.S. survey using Pueblo County datum.
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1366596 01/22/2001 10:40A EASE Chris C. Mun:
5 of 5 R 25.00 D 0.00 Pueblo Cty Clerk & Re:
EXHIBIT B
SECTIONS 29 AND 30
T20S., R.63W, 6TH P.M., PUEBLO COUNTY, COLORADO
NO SCALE
LIN TA BLE
LINE
LENGTH
BE ARING
Ll
304. 10'
N89' 10'55'E
L2
723.42
586'44'18 °E
L3
4502.51'
N87'3427'E
L4
3423.87'
585'35'46 'E
L5 I
2433.45'
N00'57'48 "W
L6
69.54'
N88'03'00 "E
JOB NAME:
WEST PLAINS ENERGY
115 K.V. LINE EXTENSION
LOCATION:
PUEBLO COUNTY, COLO.
DESCRIPTION:
WEST PLAINS ENERGY EASEMENT
DRAWN BY: LML 'CHECKED BY: RM
SCALE: NONE
DATE: 11- 14 -'00
JOB NUMBER SHEET
ABEL ENGINEERING PROFESSIONALS Q
9953600
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