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Home My WebLink About10803I III IIII VII I VII I I I it I VIII IIII II III 1692 I of I A Chris C. Munoz Pueb1oCtyC1k$Reo RES R 6.00 D 0.00 RESOLUTION NO. _ 10803 _ 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 INTRODUCED: August 28, 2006 CO Ic f # BY: Randy Thurston t, '` ' �j; $ UNCILPERSON APPROVED: � PRESIDENT OF CITY COUNCIL ATTE STED CITY CLERK [rDD D Background Paper for Proposed RESOLUTION AGENDA ITEM #� DATE: AUGUST 28, 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 City property adjacent to the City's Fleet Maintenance building. RECOMMENDATION Approval of this Resolution BACKGROUND QWEST Corporation, a Colorado Corporation, has requested a 5 feet by 399.98 feet easement adjacent to the City's Fleet Maintenance building located at 300 East "D" Street for the purpose of installing and maintaining telecommunication facilities from "D" Street to the Cingular service center facility being currently built adjacent to HARP. FINANCIAL IMPACT There is no financial impact to the City associated with the granting of this easement re: RESOLUTION NO. 10803 II 1111 II I �� l11111 111 IIII gssz5 06s1a Chris C. Munoz Pueb1oCtyC1k &Reo EASE R 31.00 D 0.00 EASEMENT AGREEMENT THIS EASEMENT is granted on August 28 2006, by Pueblo, a Municipal Corporation, #1 City Hall Place, Pueblo, Colorado (Grantor), to Qwest Corporation, a Colorado Corporation,(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 5 -foot by 399.98 -foot non- exclusive easement for the purpose of constructing, maintaining, installing and/or removing buried telecommunication utility cable, upon Grantor's property situated in Pueblo, County, Colorado, and described and shown in the attached Exhibit "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. Grantee agrees to install the cable using trenchless technology within Grantor's property to avoid any surface disturbance or disruption of use of property. Grantor reserves the right to use the Easement Area for purposes not inconsistent with the rights granted in this Agreement; provided, however, that if in the sole opinion of Grantor's Director of Public Works, the cable interferes with Grantor's use of the Easement Area or Grantor's adjacent property for any municipal purposes or project, this Easement shall terminate upon thirty (30) days prior to written notice given by Grantor to Grantee specifying the date of termination. Upon such termination Grantee shall remove and relocate the cable from the Easement Area at its sole expense. 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 cable or 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 III VIII I III VIII it IIII VIII I III 1692 of 6 Chris C. Munoz Pueb1oCtyC1k4Reo EASE R 31.00 0 0.00 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 its indemnification obligations hereunder. 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. GRANTOR: PUEBLO, a mcipal Cor oration By: President of City Council ATTEST: City Cle STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of a" c4 , �A by MIMge.l O<Lhl rP esiddht of City Council, and Gina Dutcher, as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. Jp��NT 3T ommission expires: C¢ — 07 [SEAL'� L4 Notazy Pub is N'.A 'O 9T� FB O; :` QWEST CORPORATION STATE OF COLORADO ) ss I VIII VIII VIII I IIII VIII ill I I VIII IIII IIII ee 1 69257 6 0 2:51P Chris C. Munoz 0 COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this � � day of 2006 by 77 , & D 7na, � as of Qwest Corporation. Witness my hand and official seal. My commission expires: �o•'• .4" Notary Public III I IIII VIII I IIIIVIII Illllllllll EAllll IIII IIII 60 1692576 051P D 0.00 EXHIBIT "A" QWEST EASEMENT August 10, 2006 A parcel of land located within the Southeast' /4 of Section 36, Township 20 South, Range 65 West of the 6` Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado, being more particularly described as follows: Beginning at a point on the Northeasterly Right of way line of "D" Street from which a found City of Pueblo monument at the centerline intersection of Main Street and "D" Street bears S 52 °26'37" E, a distance of 271.44 feet, said point being the point of beginning of a centerline Easement five foot in width, thence the following course: 1. N 43 °52'28" E, a distance of 399.98 feet to a point on the Southwesterly line of Vacated "E" Street, said point being the Point of Terminus Basis of Bearings: Monumented line of "D" Street from the intersection of Union Avenue and "D" Street to the intersection of Main Street and "D" Street (both found City monument boxes with lead and tack) that bears S 44 °58'59" E. PREPARED BY: Abel Engineering Professionals, Inc. 102 South Oneida Street Pueblo, Colorado 81003 QWEST R.O.W. NUMBER: C0062606MMOI QWEST JOB NUMBER: 6122574 EXHIBIT B SCALE. ,- _ 100' VACATED "E" M W N W III LLJ L�J I EX. FIBER OPTIC LINE a u rn EX. BUILDING Cn J I NI EX. FIBER (' OPTIC LINE Z I I I I � � — 271L44 - -.... ... 52' 26' 37" E „ 6 .r +1,rflPq. 1025. ONEIDA STREET JUtl NU.: WIIW4 K.u.vv. rvum=m: Y : SE 1/4 OF SECTION 36 QW8$ TOWNSHIP: 20 SOUTH� TEL 719- 546 -2235 RANGE: 65 WEST 1801 CAUFORNIAST. FAX 719- 546 -2166 CITY: PUEBLO SUITE 5200 COUNTY: PUEBLO DENVERCOLORADO tlpirtle@abel-enginwing,w FII F NAFAF 900A -191 CIMl I II AR PARPMFNT 80202 Lij Li LLJ � U) <u Qz w i a •I� n W N rmmm f Vlmb 0 Lo P� 91 " 4 40 m m 2.5' M STREET EX. I CHAINLINK FENI EX. CONCRETE PAN O E �mommoora�- 0 a 0 >E I � u Off, QJ BUILDING