HomeMy WebLinkAbout10095RESOLUTION NO. 10095
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
COPORATION, AND AQUILA, INC., A DELAWARE COPORATION 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 Aquila, Inc., a
Delaware 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 Aoril12.2004
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # j
DATE: APRIL 12, 2004
DEPARTMENT: PUBLIC WORKS - Tom Cvar, P.E.
TITLE
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND AQUILA, INC., A DELAWARE CORPORATION AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve the granting of an easement to Aquila, Inc., a Delaware
Corporation for the purpose of a power facility upgrade and the placement of a 3 -phase power line
underground in a park parcel (Parcel "A ") and a drainage parcel (Parcel `B ") that are dedicated to
the public in Walking Stick Estates, Filing No. 1, A Special Area Plan.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
Aquila, Inc., a Delaware Corporation has requested an easement along the west 20' of Parcels "A"
& `B" within the Walking Stick Estates, Filing No. 1, A Special Area Plan subdivision, for the
purpose of upgrading the electrical facilities in the Walking Stick and University Park area to
alleviate power outages. The easement allows for underground facilities only.
FINANCIAL IMPACT
There is no financial impact to the City associated with the granting of this easement.
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EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 12th day of Apri 1 2004, by
PUEBLO, a Municipal Corporation, GRANTOR, to Aquila, Inc., a Delaware Corporation,
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 non - exclusive twenty (20)
foot easement and right of way for the purpose of underground Electrical Utility Lines, in,
through, over, under and across GRATNOR's property situated in Pueblo County, Colorado, and
described as follows:
The West twenty (20) feet of Parcel "A" and the West twenty (20) feet of Parcel "B" in Walking
Stick Estates, Filing No. 1, A Special Area Plan
TOGETHER WITH the right to enter upon said property for the purpose of construction,
maintenance and repair, and together with the right to use so much of the abutting property of
GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said
property for any purpose consistent with the right and privilege above granted and which will not
interfere with GRANTEE'S use of property.
GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be
located or erected any building, mobile trailer unit, or any other structures upon said easement
and right of way.
GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR from any and
all claims, expenses, 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 and
right of wa _hereby granted. This easement and right of way shall be binding upon, and shall
inure t�lh V �' ?6 ,the successors and assigns of the GRANTOR and GRANTEE. In case of
ab sdd Nement, all rights, privileges, and interest granted herein shall terminate.
PUEB O, a Municipal Co ion
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Preside f the City Council
A xia� Inc., a Del are QoMpration
COUNTY OF PUEBLO ) By
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STATE OF COLORADO ) Name: G ary C. S �ant� 1
Title: Qoft'o -k� oq V'.cr, PyeSikj . 00 P-kaCkri
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ChrisC.Munoe PuebloCtyC1k &Reo EASE R 11.00 0 0.00
The foregoing instrument was acknowledged before me this 13th day of
Apri 1 , 2004 by Randy Thurston as President of the City Council and by Gina
Dutcher as City Clerk of Pueblo, a Municipal Corporation.
my hand and official seal.
expires: & =21 -2007
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The foregoing instrument was acknowledged before me this 30 +In day of
N\0'r8A , 2004 by C20'ru C. af-C ic
Aquila, hic., a Delaware Corporation.
Witness my hand and official seal.
_My commission expires: 7 -17 -
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Notary Pikic
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STATE OF COLORADO