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