HomeMy WebLinkAbout10661RESOLUTION NO. 10661
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND QWEST CORPORATION, A COLORADO 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 Colorado 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.
BY Gilbert Ortiz
Cou�ncilperson
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
INTRODUCED February 27, 2006
X
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: FEBRUARY 27, 2006
DEPARTMENT: PUBLIC WORKS
DIRECTOR - DANIEL E. CENTA, P.E.,
TITLE
A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A
MUNICIPAL CORPORATION, AND QWEST CORPORATION, A COLORADO
CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE
SAME
ISSUE
Should the City Council approve the granting of an easement to QWEST Corporation, a Colorado
Corporation for the purpose of installing and maintaining telecommunication facilities in a park
parcel (Parcel `B ") and drainage easement that are dedicated to the public in El Camino
Subdivision, 7 th Filing.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
QWEST Corporation, a Colorado Corporation has requested a 15 -feet by 75 -feet easement adjacent
to the south lot line of Lot 10, El Camino Subdivision 7 th Filing, located with park parcel `B" and
drainage easement in El Camino Subdivision, 6 th Filing, for the purpose of installing and
maintaining telecommunication facilities in the El Camino Subdivisions to provide telephone
communication and DSL internet services.
FINANCIAL IMPACT
There is no financial impact to the City associated with the granting of this easement.
1667143
re: Resolution No. 10661 C III S C. MunozIIIIiIo lc k&Re IIIIII III II00 3922 D20. 0002:03P
EASEMENT AGREEMENT
THIS EASEMENT is granted on February 27 , 2006, by
Pueblo, a Municipal Corporation, #1 City Hall Place, Pueblo, Colorado (Grantor) to
QWEST Corporation, a Colorado Corporation, whose address is 1801 California Street,
Denver, CO 80102 (Grantee).
WITNESSETH:
In consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt and sufficiency of which is acknowledged by Grantor, Grantor
grants and conveys to Grantee, its successors and assigns, a 15 -foot by 75 -foot non-
exclusive easement for the purpose of constructing, maintaining, installing and/or
removing buried telecommunication utility cable, above - ground terminal cabinets having
a maximum height of ten (10) feet and shall be no closer than three (3) feet to the
adjacent lot line 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 right of ingress and 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.
Grantor reserves the right to use the Easement Area for purposes not inconsistent
with the rights granted in this Agreement.
Grantee acknowledges Grantor's right to permit other public entities or utility
companies use of the Easement Area jointly with the Grantee for utility purposes.
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 Area is
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 it indemnification obligations hereunder.
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This easement shall run with the land and be binding upon and inure to the benefit
of the Grantee and the Grantor and their respective successors and assigns. The singular
includes the plural and the masculine includes the feminine and neuter.
City CArk
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
GRANTOR:
PUEBLO q Municipal Corporation
By: -Q C. a �
President of the City Council
The R fo� egoing d instrument was acknowledged before me this _ d _ day of
, 2006 by Michael A Occhi ato , as
President of City Council, and Gina Dutcher, as City Clerk of Pueblo, a Municipal
Corporation.
Witness my hand and official seal.
scion expires: �
2!/7I
Notary Public
EXHIBIT "B"
UTILITY EASEMENT
IN
PARCEL "B ", PARK AND DRAINAGE EASEMENT
EL CAMINO SUBDIVISION, 7TH FIL.
IIIIII
1 667143 VIII IIIIII P ueblo C ty Cl k &R ec III EASE III IIII IIII 0 P 01P
,
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` P b.C. (POINT OF COMMENCEMENT
\ . INTERSECTION ALTADENA DR.
AND ALHAMB DR.
,
,
LOT 9
gyp.
4 n..
,
PARCEL "B"
PARK AND DRAINAGE EASEMENT
SCALE: 1 " = 40'
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L OT 10, BILK 38
- P.O.B. (POINT OF BEGINNING)
MOST WESTERLY CORNER OF
SS33 LOT 10
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