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HomeMy WebLinkAbout094701427528 Page: 1 of 1 02/28/2002 01:25P ChrisC.Munoz Pueb1oCtyC1k &Rec RES R 5.00 D 0.00 RESOLUTION NO. 9470 A RESOLUTION APPROVING A TEMPORARY EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND UTILICORP UNITED, INC., DBA WESTPLAINS ENERGY RELATING TO A PORTION OF THE HONOR FARM PROPERTY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Temporary Easement dated December 26, 2001 between the City of Pueblo and UtiliCorp United, Inc. dba WestPlains Energy, relating to a portion of the Honor Farm Property, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President is authorized to execute and deliver the Temporary Easement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: December 26, 2001 By: Rich Golen CO APPROVED: CITY COUNCIL ATTESTED BY: CITY CLERK Resolution Number 9470 1427527 Page: 1 of 3 02/28/2002 01:25P ChrisC.Munoz PuebloCtyC1k &Rec T EASE R 15.00 D 0.00 TEMPORARY EASEMENT This Temporary Easement is made and entered into as of December 26, 2001 by and between the City of Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, Colorado, 81003 ( "City ") and UtiliCorp United, Inc., dba WestPlains Energy, 105 South Victoria Street, Pueblo, Colorado, 81003 ( "WestPlains "). RECITALS A. WestPlains contends that the certain unrecorded Easement dated on or about April 29, 1975 between the State of Colorado for the use and benefit of the Department of Institutions, Colorado State Penitentiary ( "the Grantor ") and Central Telephone & Utilities Corporation (the "Grantee ") for a term of 25 years starting August 15, 1976 and relating to the land described therein (the "Easement ") is still in force and effect and WestPlains has requested an extension of the Easement. B. WestPlains is the successor in interest to the Grantee of the Easement. C. City and WestPlains acknowledge receipt of copies of the Easement and agree that the land described therein is the same as the land described in the attached Legal Description (the "Land "). D. City is the present owner of the Land and presently disputes the validity of the unrecorded Easement. E. WestPlains and City are negotiating with respect to WestPlains' continued use of the land or the purchase thereof by WestPlains. NOW THEREFOR, in consideration of the foregoing Recitals and mutual covenants contained herein, City and WestPlains agree as follows: 1. City grants to WestPlains a temporary easement over and across the Land for the purposes of constructing and maintaining an outdoor electrical substation and an overhead electrical power transmission line subject to the conditions and covenants (except renewal provisions) set forth in the Easement, for a term of six (6) months commencing January 1, 2002 and ending June 30, 2002. 2. Neither this Temporary Easement nor any provision hereof shall be or be construed to be an acknowledgment or agreement by the City that the Easement is in effect or binding upon the City or the Land. Executed at Pueblo, Colorado the day and year first above written. City of Pueblo, a Municipal Corporation R r n Attest: Name: Title: STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. 1427527 Page: 2 of 3 02/28/2002 01 :. ChrisC.Munoz Pueb1oCtyC1k &Rec T EASE R 15.00 D 0.00 CA City Council LTtiliCorp United, Inc. dba W stPlains Enerfy By Name: CA1S7i i �Gt( Title: 7kfngt zz� N C The foregoing instrument was acknowledged before me the 8th day of January 200 2 , by Al Gurul e as President ofthe City Council and tcher , as City Clerk of the City of Pueblo, a municipal corporation. 4 � M.. saty ,t ; • Q �R q my hand and official seal. --� ; My 4 ission expires: 8 -21 -2003 rn, F O fi O * ot�Public My ComrnisWn Ezpkes080rM STATE OF Oe,.yzw,- COUNTY OF k}.ti SS. The foregoing instrument was acknowledged before me the 21 day of Fe 200 1' ©C'& rJ _ _ as _y m jje � � t_ and _ as of UtiliCorp United, Inc. dba WestPlains Energy, a corporation. Witness my hand and official seal. My commission expires: I- Z -/- zee 3 [SEAL] -2- A T�Fo_tary Public LEGAL DESCRIPTIOY Tract 1 - A strip of land one hundred (100) feet in width, being fifty (50) feet in width on each side of the following described center line, to -wit: Beginning at a point on the East line of Section Twenty -eight (28), Township Twenty (20) South, Range Sixty -five (65) West of the 6th Principal Meridian, seven hundred and sixty -eight and four - tenths (768.4) feet North from the East quarter corner of said Section Twenty -eight (28) ; thence North seventy -one degrees, six minutes West (N 71 a distance of six thousand three hundred and seventy -seven (6377) feet to a point in the Southeast quarter of the Southeast quarter (SE4SE4) of Section Twenty (20), in said Township Twenty (20), which course crosses the West line of said Section Twenty -eight 128), at a_point one hundred and seven and five - tenths (107.5) feet South of the Northwest corner of said Section Twenty -eight (28), and continues across the North- east corner of Section Twenty -nine (29) in said Township Twenty (20), and the Southeast quarter of the Southeast quarter (SE4SE4) of said Section Twenty (20) to the aforesaid points in the Southeast quarter of the Southeast quarter (SE4SE4) of said Section Twenty (20); thence North no degrees fifty - three minutes East (N O parallel to and fifty (50) feet West of the East line of the West half of the East half of the Southeast quarter (WhEhSE4) of said Section Twenty (20), and fifty (50) feet West of the East line of the West half of the East half of the Northeast quarter (WhE ZNE of said Section Twenty (20) a total distance of forty -four hundred and ninety -five and five - tenths (4495.5) feet to a point from whence the Northeast corner of said Section Twenty (20) bears North forty -six degrees and thirty -two minutes East (N 46 thence North sixty -eight degrees and forty -four minutes West. (N 68 a distance of two thousand and ninety - eight and eight - tenths (2098.8) feet to a point on the North line of said Section Twenty (20), said point being eighty (80) feet West of the North quarter corner of. said Section Twenty (20) ; thence North parallel to and eighty (80) feet West of the North and South center line of Section Seventeen (17) in said Township Twenty (20), through the Southwest quarter (SW4) of said Section Seventeen (17) to the North line thereof, the entire length of the line from beginning to end being fifteen thousand six hundred and eleven and three - tenths (15,611.3) feet, more or less. Tract 2 - The West half (W'h) of the Northeast quarter of the Southeast quarter (NE4SE of Section Twenty (20), Township Twenty (20) South, Range Sixty -five (65) West of the 6th Principal Meridian. a N N N �►Nm LD o m� m M N O IN cO A N r amp m o: - N W - Y U 0 � N 0 ® L r Resolution #9530 1 1111111111111111111111 1IIl 111111111111111 I111 QUITCLAIM DEED THIS DEED, made this 2 5th day of February, 2002, between PUEBLO, a municipal corporation, organiz and existing as a home rule city under Articl XX of the Constitution of the State of Colora of the *County of Pueblo and State of Colorado, grantor(s),and Pueblo, a municipal corporation, for the use and benefit of the Board of Water Works of Pueblo, Colorado, whose legal address is 319 W. 4th, Pueblo, Colorado 81003 of the County of Pueblo and State of Colorado, grantee(s), WITNESS, that the grantor(s), for and inconsideration of the sum of One Dollar and other good and valuable considerations ------------------------------ DOLLARS, the receipt and sufficiency of which is hereby acknowledged, ha S remised, released, sold and QUITCLAIMED, and by these presents do e s remise, release, sell and QUITCLAIM unto the grantee(s), its heirs, successors and assigns forever, all the right, title, interest, claim and demand which the grantor(s) ha S in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo described as follows: and State of Colorado, Lots 6 to 10, both inclusive, and Lots 16 to 20, both inclusive, in Block 7, excluding therefrom the southerly 7 feet of Lots 10 and 20 in Block 7 in Shull's Subdivision of the Southwest Quarter of Section 9, Township 21 South, Range 65 West according to the recorded plat of said subdivision also known by street and number as: assessor's schedule or parcel number TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the grantor(.&), either in law or equity, to the only proper use, benefit and behoof of the grantee(s) its heirs and assigns forever. IN WITNESS WHER�QI{, th g?' wt(s) ha S executed this deed on the date set forth above. ; ` PUEBLO, a municipal corporation ATTEST ity Cle }c By • '� _-: Pres' t of the City Council - STATE OF`COLORADO Countyof Pueblo The foregoing instrument was acknowledged before me this 1 28th day of February by Michael Occhiato as President Dutcher as City Cl� the City ��,J�, SANT� �••.• TA -If in Denver, insert "City and ". No. 933. Rev. 4-94. QUITCLAIM Tlmissicn txpIres C�P,,71?2003 Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 9 -97 2002 of the City Council and Gina of Pueblo, a Municipal Corporati Witness my hand and official seal. My co mission expires: $ - -2003 n r 1 ' Notary Public Name and Address of Person Creating Newly Created Legal C.R.S.) a 1428498 Page: 1 of 1 03/06/2002 11:18A D 0.00 :I w Background Paper for Proposed RESOLUTION AGENDA ITEM # ) 8 A DATE: DECEMBER 26, 2001 DEPARTMENT: PLANNING & COMMUNITY DEVELOPMENT/ JIM MUNCH TITLE A RESOLUTION APPROVING A TEMPORARY EASEMENT BETWEEM THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND UTILICORP UNITED, INC., DBA WESTPLAINS ENERGY RELATING TO A PORTION OF THE HONOR FARM PROPERTY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Shall City Council approve a temporary easement for the term of six months with WestPlains Energy over and across land owned by the City of Pueblo for the purposes of allowing them to continue the operation and maintenance of an outdoor electrical substation and an overhead electrical power transmission lines on the property commonly known as the Honor Farm? BACKGROUND The City of Pueblo purchased 2,353 acres of property from the State of Colorado in July, 2001 that is portion of area known as the State Honor Farm. The property was previously leased by WestPlains Energy from the State of Colorado and contains an outdoor electrical substation and overhead electrical power transmission lines. Their lease expired on December 31, 2001. The City is in the process of negotiating a new agreement that would allow the substation and overhead electrical transmission lines to remain on the property. In the interim, this six -month temporary easement will allow WestPlains to legally occupy and operate their facilities on City property. The six -month temporary easement will allow the City time to develop a more definitive plan for the designated access routes, future uses and development of the property, and an agreement that will comply with the existing conservation easement, which was granted by the City to the State of Colorado. FINANCIAL IMPACT WestPlains is not being charged for the temporary easement, but if a longer term agreement is entered into by the City it will include a provision for compensation to the City.