Loading...
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 nrcn 0170 1111111 11111 11111 IND 111111111111111111111111111 IN 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. 111111111111111111111111111111111111111111111111111111 IN 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 1111111 11111111111111111111 1111111111111111111111111111111111111111 IN 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 11111111111111111 IN 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. 1 111111 1111111111 1111111 11111111 1111111 iii 11111 IN III 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 w .,,mac rrcJi rL'ilfv�) tNtKGY CASEMENT