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HomeMy WebLinkAbout09986RESOLUTION NO..9986 A RESOLUTION APPROVING AN EASEMENT BETVVEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND QWEST CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement between the City of Pueblo, a municipal corporation, and Qwest Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City. SECTION 2. This Resolution shall become effective upon final passage and approval. INTRODUCED November 24, 2003 BY Al Gurule/Councilperson APPROVED: Bill Sova/President of City Council ATTEST: Gina Dutcher/City Clerk Reception #1539663 12/03/2003 EASEMENT THIS EASEMENT, granted this 24th day of November ,2003, by PUEBLO, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003, Grantor, to QWEST CORPORATION, a Colorado Corporation whose address is 1801 California Street, Denver, Colorado, 80202, Grantee: WITNESSETH: THAT 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, a 20-foot by 20-foot perpetual non-exclusive easement for the purpose of constructing, installing, maintaining and removing above-ground temdnal cabinets and appurtenant facilities upon Grantor's property situated in Pueblo County, Colorado, and described and shown in attached Exhibits "A" and "B" ("Easement Area"). Grantee shall have the fight of ingress of egress to and from the Easement Area during all periods of construction, maintenance, installation, reinforcement, repair and removal over and across Grantor's adjacent lands. Grantee shall repair any and all damage caused to Grantor's lands and improvements thereon by Grantee's use thereof. Grantee shall install screened fencing around the perimeter of the Easement Area in accordance with plans and specifications therefor approved by Grantor's Director of Public Works and shall maintain such fencing in good and safe condition. Grantor reserves the right to occupy and use the Easement Area for all purposes not inconsistent with the rights herein granted. Grantee shall indemnify, defend and hold harmless the Grantor and its officers and employees from and against any and all claims, expenses (including reasonable attorney fees), liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the Easement Area and the easement hereby granted. If Grantee shall default in the performance of any of Grantee's covenants hereunder and such default shall remain uncorrected for sixty (60) days after written notice specifying the default is given to the Grantee by the Grantor, Grantor may terminate this Easement. Upon such termination or the abandonment of this Easement, all rights, privileges and interests hereby granted to Grantee shall cancel and terminate and Grantee shall remove its property from the Easement Area and return same to its original condition. This Easement shall be deemed abandoned if the Easement Areais not used for its stated purpose for a period of twenty-four (24) consecutive months. Termination or abandonment of this Easement shall not release or discharge Grantee from its indemnification obligations hereunder. The rights, conditionsand provisions of this Easement shall run with the land and shall inure to the ~--of and be binding upon Grantor and Grantee and their respective successors and as~d ~te COUNTY OF PUEBLO STATE OF COLORADO The foregoing instrument was acknowledge~d before.me in Pueblo County, Colorado this ~ day of '~]~)VtZr'Y~ }D(52F ,2003 by ~il ] ~¥t~ as President of the City Council and by ~'~i ~ ~1 ~ ~ as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: ~-~1-200'-] IS #1539663 12/03/2~3 t~:25R ChrisC.Hunoz PuebloCtyClk&Reo EPlSE R 2t.Oe O EXHIBIT "A" QWEST CORPORATION POCKET EASEMENT NOVEMBER 20, 2003 A parcel of land located within the Southwest one-quarter of Section 11, Township 20 South, Range 65 West of the 6th Principal Meridiar:, Cuanty of Pueblo, State of Colorado, being more particularly described as follows. Beginning at a point which bears N 00° 18' 13" E and a distance of 10 feet from the Northeast comer of Lot 26, Block 4 of Crestview Hills, 2nd Filing, said point being the beginning ora 20' x 20' Qwest pocket easement, thence on the following courses; N 89° 55' 28" W, a distance of 20.00 feet, N 00° 04' 32" E, a distance of 20.00 feet, S 89° 55' 28" E, a distance of 20.26 feet, Thence along a curve to the left with a radius of 1666.5' and whose central angle is 00° 41' 16", and an arc distance of 20.00 feet, to the Point of Begirming of this description. Said Parcel contains 400.00 square feet, more or less Bearings are based upon the Westerly fight of way linc of Wills Boulevard as depicted on Crcstview Hills, 2~r~ filing. 322K521 QWESTREV. tO:25R EXHIBIT B .?1,/]/4 DF SECTZON ill, T, ~0 $,, 18, ~,.5 iv',, 5TH P,N, PUE. BLO COUNTY, CI]LOI~AD[7 CRESTVIEW HILLS, 2ND FILING PARCEL "A" .~'~'='~ ~--"-~--~"~'~' "' ~o' x ~o' ~wEs~ ~OC~E'r EXIST1NG 10' WtDE~ UTII. I~ EASEMEHT LOT 26 '~---NOO'IS'13'E 10.00' (11£) ENLARGED DETAIL EXIS'I1NO 10' WIOE U~UTY F..ASEMPA~cI~L "A" X ,~ ;,~ ' :~,,oc,< ,,, ;~= 1,~ _,,,o.,,,.,,,,- ,o.oo. ~ FOUND WOOD HUB W1TH MARK ~,,, t INSPIRATION LANE ~ -- 40' r-',J 40' t'r' I I _J _1 JOB NAME: 3~K52]-I~EV. DRAWN BY: LNL I CHECKED BY: .DP ROW NO.: cooeoso3~vo] SCALE: NDNE LOCATION: DATE: ]]-~0-'03 PU-C~LO COUNT~', COLO. JOB NUMBER SHEET DESCRIPTION: 4.B£L ENGINEERIN6 PROFESSIONAL5 Q dES T EASEMENT 200306 3