HomeMy WebLinkAbout10981RESOLUTION NO. 10981
A RESOLUTION APPROVING AN AGREEMENT FOR SALE AND PURCHASE OF PROPERTY
BETWEEN THE CITY OF PUEBLO AND ROBERT A. JACKSON FOR A RADIO TOWER SITE TO
BE USED FOR PUBLIC SAFETY AND OTHER CITY STAFF COMMUNICATIONS.
WHEREAS, the City of Pueblo, a municipal corporation, is acquiring and building a new
radio system for use by public safety and other government radio users in the Pueblo area, and
WHEREAS, particular property is needed for the proper sitting of radio towers that are a
key component of said system,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
Section 1.
The agreement for sale and purchase of property between the City of Pueblo and Robert
A. Jackson, a copy of which is attached hereto, having been approved as to form by the City
attorney, is hereby approved.
Section 2.
The President of City Council is authorized to execute the agreement in the name of the
City and the city clerk is directed to affix its seal of the city thereto and attest same.
Section 3.
Funds will be expended from Project CP0704.
APPROVED:
ESID NTof City Council
ATTESTED BY:
CITY CLERK
INTRODUCED April 23, 2007
BY Randy Thurston
Councilperson
)Res. /09S!
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: April 23, 2007
DEPARTMENT: INFORMATION TECHNOLOGY
JOHN WILKINSON; DIRECTOR
TITLE
A RESOLUTION APPROVING AN AGREEMENT FOR SALE
AND PURCHASE OF PROPERTY BETWEEN THE CITY OF
PUEBLO AND ROBERT A. JACKSON FOR A RADIO TOWER SITE
TO BE USED FOR PUBLIC SAFETY AND OTHER CITY STAFF
COMMUNICATIONS.
ISSUE
Should the City acquire land for the purpose of establishing a radio tower site.
Approval of this resolution
BACKGROUND
The property in question would become a key radio tower site for the west and south
sides of Pueblo. Because of the 5240' elevation, this tower will provide very good radio
coverage, integrating well with the other three towers that will be within the City limits
(One that exists at the State Hospital, two others that are being planned for construction
by the City) The proposed tower site will allow for coverage to areas to the south and
southwest of the City, where future growth can be anticipated. The proposed tower site
will also allow for very solid radio coverage for larger portions of rural Pueblo County, and
placement has been planned in conjunction with other sites, existing and to- be- built, by
Pueblo County and the State of Colorado.
FINANCIAL IMPACT
Total cost for this land acquisition is approximately $72,000. $100,000 was appropriated
in the 2007 budget for land acquisition.
AGREEMENT FOR SALE AND PURCHASE OF PROPERTY
Agreement made as of April 23, 2007, between Robert A. Jackson (herein referred to as
"Seller ") and the City of Pueblo, a municipal corporation (herein 'Purchaser ").
1. Sale. Seller shall sell and convey, and the Purchaser shall purchase all of the real
property and easement described in Attachment "A" attached hereto and incorporated herein (the
"Property "). The access easement conveyed pursuant to this Agreement and described in
Attachment A shall be a nonexclusive easement for access to the property being conveyed.
Seller retains the right to use the area of such access easement for his own purposes and he has
also authorized nonexclusive access easements to others over that same area. Seller shall also
retain the right to cross the access easement at any point. In addition, Seller has the right, in his
sole discretion, and at his sole expense, to move or relocate the access easement to a different
location but hereby warrants, represents and agrees that in conjunction with the movement of the
access easement, Purchaser shall retain a nonexclusive access easement to the area where the
easement is moved or relocated, if at all, and the same shall continue to provide access to and
from State Highway 78 and the property being purchased and conveyed to Purchaser in fee
hereunder.
In addition, Seller shall retain an easement for access across that portion of the property
being conveyed in fee to Purchaser hereunder which consists, essentially, of a strip of land from
its intersection with State Highway 78 to its intersection with the rest of the property being
purchased in fee by Purchaser hereunder. Seller retains the right, in conjunction with such
easement for access across this portion of the land, the right to make improvements or to take
other actions along and across such one foot strip so long as any such improvements or other
actions do not interfere with the Purchaser's use of the same and, in particular, with Purchaser's
use of the same for the installation of a fiber optic cable to Purchaser's expected cell tower on the
balance of the land being purchased hereunder.
In conjunction with its use of the access easement granted to Purchaser hereunder,
Purchaser agrees, in conjunction with its use of such access easement, to keep the gate at the
west end of the easement locked at all times. In addition, Purchaser, along with other users of
the access easement, shall be responsible for maintenance of the access easement.
Seller hereby grants to Purchaser a nonexclusive easement, 19 feet in width extending to
the south and west of that one foot strip portion of the property being purchased in fee hereunder
for the purposes of construction, installation and thereafter maintenance of Purchaser's fiber
optic cable line. In conjunction with its construction, installation and maintenance of such line,
Purchaser agrees that at no time shall it block access, temporarily or otherwise, to the parcel
being leased by Seller to Verizon, for Verizon's cell tower site.
The easements granted to Purchaser herein and/or reserved by Seller herein shall run with
the land and shall be binding in accordance with the terms and conditions set forth herein upon
the parties, their heirs, personal representatives, successors and permitted assigns.
2. Purchase Price The purchase price is Seventy -Two Thousand and No /100
Dollars (U.S. $72,000.00) to be paid in full at the time of closing subject to compliance by Seller
with Seller's warranties and representations contained herein.
3. Liens and Encumbrances The Property is sold and will be conveyed free of all
liens and encumbrances, rights of parties to or in possession, taxes and assessments, except
current year taxes.
4. Marketable Title Good and marketable fee simple title to the Property will be
conveyed by Seller to Purchaser by special warranty deed acceptable to Purchaser in proper form
duly executed, acknowledged and ready for recording.
5. Apportionments The ad valorem taxes for the year of sale will be apportioned as
of the date of closing.
6. Closine The date of closing shall be as determined by mutual agreement of
Seller and Purchaser but shall be no later than ten (10) days from date of adoption of an
ordinance annexing the Property to the City of Pueblo by the City Council of Purchaser. The
time and place of closing shall be mutually designated by Seller and Purchaser.
7. Seller's Representations Seller represents and warrants:
(a) Seller has full lawful power and authority to execute, deliver and perform
this Agreement and at closing all acts of Seller necessary and required for such execution,
delivery and performance of this Agreement will have been taken. Notwithstanding the
foregoing, Seller hereby discloses that the creation of the parcel to be sold hereunder may, at the
time of the execution of this Agreement, constitute an illegal subdivision of the Property under
Colorado State law and Pueblo County Subdivision Regulations. Purchaser hereby
acknowledges such disclosure and agrees to take the Property subject to the disclosure made
herein.
(b) There is not pending or, to the knowledge of Seller, threatened any suit,
action or proceedings against or affecting the Seller or the Property before or by any court,
arbitrator, administrative agency or other governmental authority that materially and adversely
affect the validity, as to the Seller, of any of the transactions contemplated hereby or the ability
of the Seller to perform its obligations hereunder or as contemplated hereby.
(c) Seller owns and at closing will convey to Purchaser good and marketable
fee simple title to the Property free of all liens and encumbrances, rights of parties in possession,
taxes and assessments, except current year taxes.
(d) Purchaser shall not become liable for or obligated to pay any broker's,
finder's, consultant's fees or similar fees in connection with the negotiation, execution or
consummation of this Agreement. All such fees, if any, shall be paid by Seller and Seller shall
indemnify and hold harmless Purchaser therefrom.
(e) The Property will be conveyed at closing in its condition as of the date of
this Agreement.
(f) Seller will as soon as possible, at Purchaser's expense, file a petition to
annex the Property to the City of Pueblo and cooperate with Purchaser in causing the Property to
be so annexed. Purchaser agrees to be responsible for all expenses of any nature associated with
the annexation of the Property to the City of Pueblo.
8. Purchaser's Representations Purchaser represents and warrants:
(a) The Purchaser is a municipal corporation duly organized, existing and in
good standing under the laws of the State of Colorado.
(b) The Purchaser has full lawful power and authority to execute, deliver and
perform this Agreement and at the time of closing all acts of the Purchaser necessary for such
execution, delivery and performance of this Agreement will have been taken.
(c) Purchaser shall, at its expense, as soon as possible prepare or cause to be
prepared a petition for annexation of the Property to the City of Pueblo to be signed by Seller and
all required documents therefor including, without limitation, an annexation plat.
(d) To the extent authorized by law, Purchaser hereby agrees to indemnify and
hold harmless Seller from any claim, action, demand, damage or liability of any nature
whatsoever arising out of its use of the property being purchased hereunder as a cellular or other
type communication tower site. The indemnification granted herein shall extend to any claim
made against Seller by its lessee on an adjacent parcel to that being purchased hereunder that
asserts interference with its cell tower site as a result of the use and operation of the Purchaser's
cellular communications tower site.
9. Seller's Duty to Perform Time is of the essence hereof and unless, at the time of
closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale,
transfer and conveyance provided herein to be made by him or otherwise to effectuate his part of
the purchase and sale herein provided:
(a) The representations and warranties of the Purchaser contained herein are,
on the date hereof and as of the time of closing, true and correct.
(b) The Purchaser has complied with its agreements to be performed herein by
it prior to the time of closing.
(c) The Seller has received the purchase price from Purchaser.
10. Purchaser's Duty to Perform Time is of the essence hereof and unless, at the time
of closing, the following conditions are satisfied, the Purchaser shall not be obligated to pay the
consideration as provided for herein or otherwise to effectuate its part of the purchase and sale
herein provided:
(a) The representations and warranties of the Seller contained herein are, on
the date hereof and as of the time of closing, true and correct.
(b) The Seller has complied with his agreements herein to be performed by
him prior to the time of closing.
(c) The Purchaser shall have received from the Seller the
(i) special warranty deed, and
(ii) Pueblo County Treasurer's certificate of real estate taxes and
special assessments on the Property.
(d) The City Council of Purchaser has approved an Ordinance annexing the
Property to the City of Pueblo.
11. Termination This Agreement may be terminated upon written notice at any time
prior to closing by Purchaser or Seller if there has been a material misrepresentation or breach of
warranty on the part of the other party in such party's representations and warranties set forth in
this Agreement.
Purchaser shall have the right to have inspections of the physical condition of the
Property, at Purchaser's expense. In addition, Purchaser shall have the right at Purchaser's
expense to use the Property to perform site work on the Property for a radio tower which does
not require the issuance of a building permit.
12. Property Inspection and Temporary Use
(a) Purchaser shall prior to closing, at its expense, have the right to (i) have
inspections of the physical condition of the Property, (ii) use the Property for storage site for the
construction of a radio tower, and (iii) perform site work on the Property for a radio tower which
does not require the issuance of a building permit. For purposes hereof (i), (ii) and (iii) are
collectively referred to as "Work ".
(b) Purchaser is responsible for payment of all Work performed at Purchaser's
request and shall pay for any damage which occurs as a result of the Work. Purchaser shall not
M
permit claims or liens of any kind against the Property for Work performed on the Property at
Purchaser's request. To the extent permitted by law, Purchaser agrees to indemnify, protect and
hold Seller harmless from and against any liability, damage, cost or expense incurred by Seller in
connection with any of the Work. If the purchase of the Property does not close as herein
contemplated, Purchaser shall restore the Property as near as practicable to the condition existing
on date hereof.
13. Possession Except as otherwise provided in Paragraph 12 above, possession of
the Property shall be delivered to Purchaser by Seller on closing.
14. Title Insurance Seller at its expense shall deliver to Purchaser within twenty (20)
days from the date this Agreement is approved by the City Council of Purchaser a current title
insurance commitment issued by a title insurance company acceptable to Purchaser for an ALTA
Owner's Policy - 10/17/92 covering the Property in the amount of the purchase price insuring
marketable fee simple title to the Property in Purchaser, with standard exceptions deleted or
insured over, free and clear of all liens and encumbrances, and deliver the title insurance policy
to Purchaser on or immediately after closing; provided, however, that if an ALTA Survey is
required to delete any standard exception, Purchaser shall, at its option, either (i) at its expense
furnish and provide the ALTA Survey, or (ii) waive the requirement that such standard exception
be deleted.
15. Enforcement Time is of the essence hereof and this Agreement may be
specifically enforced. In the event of any litigation arising out of this Agreement, the Court may
award to the prevailing party all reasonable costs and expenses, including attorney's fees.
Exclusive venue for any such litigation shall be Pueblo County, Colorado.
16. Survival of Representations The respective representations, warranties,
covenants and agreements (collectively the "Representations ") of the parties hereto and
specifically including all of the provisions set forth in Section 1 of this Agreement concerning
the Property being conveyed and the easements being conveyed and /or reserved shall survive the
time of closing and the transfer of title to Purchaser, and shall not merge or be determined to
merge into the general warranty deed.
17. Notice Any notice, request, instruction or other document to be given hereunder
by any party hereto to the other shall be in writing and shall be delivered personally or sent by
certified mail, postage prepaid; if to Purchaser, addressed to it at I City Hall Place, Pueblo,
Colorado, 81003, Attention: City Manager; and if to Seller, at P. O. Box 2385, Pueblo, Colorado,
81005.
18. Expenses Each party hereto shall separately bear its expenses incurred in
connection with this Agreement and in connection with all things required to be done by each
hereunder. Seller and Purchaser shall pay their respective closing costs and all other items
required to be paid at closing. Seller and Purchaser shall sign and complete all customary or
reasonably required documents at or before Closing. Fees for real estate closing fees shall be
paid at Closing, one -half by Seller and one -half by Purchaser.
5
19. Entire Understandings This Agreement contains the entire understanding of the
parties hereto relating to the subject matter herein contained and this Agreement cannot be
changed or terminated orally.
20. Governing Laws This Agreement shall be governed by and construed in
accordance with the laws of the State of Colorado.
21. No Benefit to Third Parties Nothing herein expressed or implied is intended or
shall be construed to confer upon or give any person, firm or corporation, other than the parties
hereto, any rights or remedies under or by reason hereof.
22. Multiple Counterparts This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original.
WITNESS THE DUE EXECUTION HEREOF, as of the day and year first above
written.
PURCHASER
CITY OF PUEBLO,
A MUNICIPAL CORPORATION
ATTEST:
City Clerk
By Qi d L4P
President of the City Council
AP PROVE D AS TO FORM:
City At
SELLER
Robert A. J c on
0.
ATTACHMENT A
ANNEXATION PARCEL
A parcel of land located within a portion of the NW '/4 of the SE '/< and the NE %4 of the
SW ' / 4 of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian,
County of Pueblo, State of Colorado, being more particularly described as follows:
BEGINNING at the intersection of the southeasterly right of way line of Colorado State
Highway No. 78 and the east -west centerline of said Section 19; thence N 89 °53'55 "E
(bearings based on the said east -west centerline of said Section 19, monumented at the
east end with a 6" X 6" concrete marker with an "X" on top and monumented at the said
intersection of the southeasterly right of way line of Colorado State Highway No. 78 and
the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S
12453 assumed to bear S 89 °53'55 "W) a distance of 450.10 feet to the NW comer of a
parcel of land described in that Lease Agreement between Robert A. Jackson and Pueblo
Cellular, Inc. and executed on the 16` day of October 1986; Thence southerly and
easterly along the westerly and southerly line of said lease parcel the following two (2)
courses;
1) S 00 °06'05 "E a distance of 208.71 feet to the SW corner of said parcel;
2) N 89 °52'37 "E along said southerly line and southerly line extended a
distance of 308.64 feet;
thence N 00 °06'05 "W a distance of 68.02 feet; thence N 89 °53'55 "E a distance of
200.00 feet; thence S 00 °06'05 "E a distance of 200.00 feet; thence S 89 0 53'55 "W a
distance of 200.00 feet; thence N 00 °06'05 "W a distance of 130.98 feet; thence
S 89 0 52'37 "W a distance of 309.64 feet: thence N 00 °06'05 "W a distance of 208.71
feet; thence S 89 °53'55 "W a distance of 448.75 feet to a point that is 1.00 feet
perpendicular from the said southerly right of way line of Colorado State Highway No.
78; thence S 51'54'1 2"W and parallel to the said southerly right of way line a distance of
749.66 feet; thence N 38 °05'48 "W a distance of 1.00 feet to a point on the said southerly
right of way line of Colorado State Highway No. 78; thence N 51 °54' 12 "E along said
southerly right of way line a distance of 750.00 feet to the POINT OF BEGINNING.
Said Parcel contains 0.96 acres more or less.
At least one -sixth of the boundary of the land described above is existing city limits line.
Together with the access easement more particularly described
on the next page of this Attachment A
ATTACHMENT A, Page 2
GRANT OF NONEXCLUSIVE ACCESS EASEMENT
An easement for the purpose of ingress and egress located within a portion of the said
NW114 of the SE % and the NE' /< of the SW % of Section 19, Township 21 South,
Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado
being more particularly described as follows:
A 12.00 foot ingress- egress easement being 6.00 feet on each side of the following
described centerline:
BEGINNING at a point on the west line of the above described parcel from which the
southwest corner of said parcel bears S 00 deg. 06' 05" E (bearings based on the East -
West centerline of said Section 19, monumented at the east end with a 0.5' X 0.5'
concrete marker with an "X" on top and monumented at the said intersection of the
southeasterly right of way line of Colorado State Highway No. 78 and the said east -west
centerline of said Section 19 with a 2" brass cap in concrete P.L.S. 12453 assumed to
bear S 89 deg. 53' 55" W) a distance of 42.87 feet; thence S 61 deg 32'27" W a
distance of 104.94 feet; thence along the arc of a curve to the right having a central
angle of 18 deg. 11' 28" and a radius of 650.00 feet a distance of 206.37 feet; thence S
79 deg. 43' 54" W a distance of 896.67 feet; thence S 81 deg. 59' 38" W a distance of
308.43 feet; thence S 73 deg. 28' 07" W a distance of 56.37 feet; thence S 82 deg. 56'
30" W a distance of 17.37 feet; thence N 77 deg. 14' 13" W a distance of 19.67 feet
more or less to a point on the southeasterly right of way line of Colorado State Highway
No. 78 and the POINT OF TERMINUS.
It being understood that the sidelines of said easement extend or shorten as necessary
to intersect the proceeding and following courses and the side line of said easement
extend or shorten as necessary to intersect the property line and the right of way line
that the POINT OF BEGINNING AND POINT OF TERMINUS are a part of.
Said parcel contains 0.44 acres more or less.
17 WD 06/20/2007 11:29:05 AM
Gilbert Ortiz 1 6. 00
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Pueblo County, Co
®iii K rarc01a #1101101 �.�a� pi ®iii 1
SPECIAL WARRANTY DEED
ROBERT A JACKSON, of the County of Pueblo, State of Colorado, GRANTOR, for
one dollar and other good and valuable consideration in hand paid, does hereby
convey, transfer and sell unto CITY OF PUEBLO, a Municipal Corporation, GRANTEE,
all of his right, title and interest in and to the following described real property, located in
the County of Pueblo, State of Colorado, to wit:
SDF % 7-Zb
SEE ATTACHMENT
Which property is transferred together with all the appurtenances thereto and all of the
estate, right, title, interest, claim and demand, whatsoever of the Grantor, either in law
or in equity, of, in and to the above premises and described with the appurtenances
unto the Grantee, its successors and assigns forever. The Grantor, for himself, his
successors, personal representatives and assigns, does covenant and agree that he
shall and will warrant and forever defend the above premises in the quiet and peaceful
possession of the Grantee, its successors and assigns, against all and every person or
persons claiming the whole or any part thereof, by, through or under the Grantor.
Reserving therefrom for the Grantor, his heirs, successors and assigns, an easement
for access across that portion of the property being conveyed in fee to Grantee
hereunder which consists, essentially, of a one foot strip of land from its intersection
with Colorado State Highway 78 to its intersection with the rest of the property being
transferred in fee to Grantee hereunder. Grantor retains and reserves the right, in
conjunction with such easement for access across this portion of the land, the right to
make improvements or to take other actions along and across such one foot strip so
long as any such improvement or other actions do not interfere with the Grantee's use
of the same and, in particular, with the Grantee's use of the same and, in particular, with
Grantee's use of the same for the installation of a fiber optic cable to Grantee's
expected cell tower on the balance of the land being transferred hereunder. The
easement reserved hereunder by Grantor shall be appurtenant to and run with the
adjacent lands owned by the Grantor and shall be for the benefit of the same. The
easement reserved by Grantor herein shall be binding in accordance with the terms and
conditions set forth herein upon Grantor, Grantee, and their respective heirs, personal
representatives, successors and assigns.
The Grantor has signed this instrument this lel day of June, 2007, at Pueblo,` °®
Colorado.
STATE DOCUMENTARY FEE
PUEBLO COUNTY 8
Robert A. Jackson
V
1730909 WD 06/20/2007 11:29:05 AM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
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STATE OF COLORADO)
COUNTY OF PUEBLO ) ss
The foregoing instrument was acknowledged before me this day of June, 2007,
by Robert A. Jackson.
My commission expires:
�t,Vylthe* 'hand and official seal.
AK r
Notary Public
- r
ATTACHMENT A
A parcel of land located within a portion of the NW %. of the SE' /. and the NE % of the
SW '/4 of Section 19, Township 21 South, Range 65 West of the Sixth Principle Meridian,
County of Pueblo, State of Colorado, being more particularly described as follows:
BEGINNING at the intersection of the southeasterly right of way line of Colorado State
Highway No. 78 and the east -west centerline of said Section 19; thence N 89 0 53'55 "E
(bearings based on the said east -west centerline of said Section 19, monumented at the
east end with a 6" X 6" concrete marker with an "X" on top and monumented at the said
intersection of the southeasterly right of way line of Colorado State Highway No. 78 and
the said east -west centerline of said Section 19 with a 2" brass cap in concrete P.L.S
12453 assumed to bearS 89 °53'55 "W) a distance of 450.10 feet to the NW comer of a
parcel of land described in that Lease Agreement between Robert A. Jackson and Pueblo
Cellular, Inc. and exec:ted on the 16 day of October 1986; Thence southerly and
easterly along the westaly and southerly line of said lease parcel the following two (2)
courses;
1) S 00 °06'05 "E a distance of 208.71 feet to the SW comer of said parcel;
2) N 89 °52'37'E along said southerly line and southerly line extended a
distance of 308.64 feet;
thence N 00 °06'05 "W adistance of 68.02 feet; thence N 89 °53'55 "E a distance of
200.00 feet; thence S 00°06'05 "E a distance of 200.00 feet; thence S 89 °53'55 "W a
distance of 200.00 feet; thence N 00 °06'05"W a distance of 130.98 feet; thence
S 89 °52'37 "W a distance of 309.64 feet: thence N 00 °06'05 "W a distance of 208.71
feet; thence S 89 °53'55'W a distance of 448.75 feet to a point that is 1.00 feet
perpendicular from the said southerly right of way line of Colorado State Highway No.
78; thence S 51 '54'l TV and parallel to the said southerly right of way line a distance of
749.66 feet; thence N 38 °05'48 "W a distance of 1.00 feet to a point on the said southerly
right of way line of Colorado State Highway No. 78; thence N 51'54'12"E along said
southerly right of way line a distance of 750.00 feet to the POINT OF BEGINNING.
Said Parcel contains 0.96 acres more or less.
17 WD 06/20/2007 11:29:06 AM
Gilbert Ortiz C1er r Pueblo County, Co
mill r�rcM�rlxwr�i,al� 1i iii
1730910 EASE 06/20/2007 11:29:05 AM
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Gi
Ortiz Clerk /Recorder, Pueblo County, Cc
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GRANT OF EASEMENT FOR CONSTRUCTION AND MAINTENANCE PURPOSES
THIS GRANT OF EASEMENT AGREEMENT FOR CONSTRUCTION AND
MAINTENANCE PURPOSES is made and entered into this 18 day of June, 2007, by
and between ROBERT A. JACKSON, an individual, hereinafter referred to as "Grantor"
and the City of Pueblo, a Municipal Corporation, hereinafter referred to as "Grantee ".
RECITALS
By Special Warranty Deed executed and delivered on this same date, Grantor has
conveyed to Grantee a parcel of property located within a portion of the Northwest
Quarter of the Southeast Quarter and the Northeast Quarter of the Southwest Quarter
of Section 19, Township 21 South, Range 65 West of the Sixth Principal Meridian,
County of Pueblo, State of Colorado. The parcel of land so conveyed consisting of
0.96 acres, more or less, includes a one foot strip which connects the main body of the
parcel conveyed to the right of way for Colorado State Highway 78.
It is the present intention of Grantee to locate in and along the one foot strip of property
a fiber optic cable which will connect to Grantee's expected cell tower on the principal
portion of the land it has purchased from Grantor.
Grantee has requested and Grantor has agreed that Grantee be given a nonexclusive
easement of 19 feet in width extending to the south and west of the one foot strip
portion of the property purchased by Grantee for the purposes of construction,
installation and, thereafter, maintenance of Grantee's fiber optic cable line.
The parties now desire to set forth their agreement concerning this easement for
construction and maintenance in a separate writing.
NOW THEREFORE, FOR AND IN CONSIDERATION OF ONE DOLLAR AND OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
EXPRESSLY ACKNOWLEDGED, AND IN FURTHER CONSIDERATION OF THE
TERMS, COVENANTS AND CONDITIONS AS ARE HEREINAFTER SET FORTH,
THE PARTIES AGREE AS FOLLOWS:
1. GRANT OF NONEXCLUSIVE EASEMENT FOR CONSTRUCTION AND
MAINTENANCE. Grantor hereby grants to Grantee a nonexclusive easement for the
purposes of installation, construction and thereafter maintenance of a fiber optic cable
line over, under and across the property more particularly described as follows:
An area of land 19 feet in width parallel to and extending from and to the south and west
of that certain one foot strip portion of property conveyed in fee to Grantee on this same
date by Special Warranty Deed.
O
In conjunction with the construction, installation and maintenance of such fiber optic
O
cable line, Grantee agrees that at no time shall it block access, temporarily or otherwise,
to that certain parcel being leased by the Grantor to Verizon, for the existing cell tower
1730910 EASE 06/20/2007 11:29:05 AM
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Gl
le: Ortiz Clerk /Recorder, Pueblo County, Cc
1111 K FAMOV1011 HU MMM 11111
site of Verizon located in the same area as the property purchased by Grantee on this
same date pursuant to Special Warranty Deed.
2. BINDING AGREEMENT. When executed by the parties and recorded as
hereinafter provided, the conveyance of the nonexclusive easement for construction
and maintenance as is set forth herein shall constitute a binding agreement and shall
bind the parties, their respective heirs, personal representatives, successors and
assigns. It is the intent of Grantor and Grantee that the easement granted herein shall
run with the lands of and be binding upon Grantor and Grantee subject to all of the
terms and conditions of this Agreement.
3. RECORDATION. When executed by the parties this easement shall be recorded
in the records of the Pueblo County Clerk and Recorder.
4. MODIFICATION. Any modification of this easement and /or of the rights and
obligations of the parties set forth herein shall be binding only if evidenced in a writing
signed by each party or an authorized representative of each party hereto and,
thereafter recorded in the records of the Pueblo County Clerk and Recorder.
5. PROPERTY IDENTIFICATION. The Special Warranty Deed referred to herein
was recorded on the �day o � , 2007, at Reception No. 173NC39 of the
records of the Pueblo County Clerk and Recorder.
EXECUTED BY THE GRANTOR THE DAY AND DATE FIRST ABOVE WRITTEN.
GRANTOR:
rt ack
EXECUTED BY THE GRANTEE ON THE DAY AND DATE FIRST ABOVE WRITTEN.
GRANTEE: !
CITY OF PUEBLO
A Municipal Corporation
'•t
By:
Pr siden of the City Council
1730911 EASE 06/20/2007 11:29:05 AM
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Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
®III K rar «M VNIFrNKN
GRANT OF NONEXCLUSIVE EASEMENT FOR ACCESS
THIS GRANT OF NONEXCLUSIVE EASEMENT FOR ACCESS is made and entered
into this f 8 day of June, 2007, by and between ROBERT A. JACKSON, an individual,
hereinafter referred to as "Grantor" and the CITY OF PUEBLO, a municipal corporation,
hereinafter referred to as "Grantee ".
RECITALS
On this same date Grantor has conveyed to Grantee by Special Warranty Deed a parcel
of property located within a portion of the Northwest Quarter of the Southeast Quarter
and the Northeast Quarter of the Southwest Quarter of Section 19, Township 21 South,
Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado,
which parcel contains 0.96 acres, more or less.
In conjunction with the conveyance of the parcel in fee to the Grantee, Grantor has also
agreed to grant a nonexclusive easement for access across lands located near the
conveyed parcel which will allow Grantee to access through ingress and egress the
parcel it has purchased from Grantor.
The parties desire to set forth the agreement concerning the grant of the nonexclusive
easement for access in a separate writing.
NOW THEREFORE, FOR AND IN CONSIDERATION OF ONE DOLLAR AND OTHER
GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY
EXPRESSLY ACKNOWLEDGED, AND IN FURTHER CONSIDERATION OF THE
TERMS, COVENANTS AND CONDITIONS AS ARE HEREINAFTER SET FORTH,
THE PARTIES AGREE AS FOLLOWS:
1. GRANT OF NONEXCLUSIVE EASEMENT FOR ACCESS. Grantor hereby
grants to Grantee a nonexclusive easement for access including the right of full ingress
and egress to the property conveyed to Grantee by Special Warranty Deed of even date
herewith. The easement granted herein is over, and across the land more particularly
described in Exhibit A attached hereto and incorporated herein by this reference.
Grantor retains the right to use the area of the easement granted herein for his own
purposes and Grantee hereby acknowledges and understands that Grantor has also
authorized nonexclusive access easements to others over the same land which is the
subject of this easement. Grantor also retains the right to cross the access easement at
any point. Grantor also reserves and shall have the right, in his sole discretion, and at
his sole expense, to move or relocate the access easement granted herein to a different
location, however, Grantor warrants, represents and agrees that in conjunction with any
movement of the access easement, Grantee shall retain a nonexclusive access
O
easement to any such area where the easement may be moved or relocated, if at all,
O
and the same shall continue to provide access to and from Colorado State Highway 78
Page 1 6/5/2007
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Gl lbert Ortiz Clerk /Recorder, Pueblo County, Cc
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and the separate property of Grantee conveyed on this same date by Grantor pursuant
to Special Warranty Deed.
In conjunction with its use of the access easement granted herein, Grantee agrees to
keep the gate at the west end of the easement locked at all times. Grantee further
agrees that it shall be responsible in conjunction with Grantor and any other users of the
access easement for maintenance of the same.
2. BINDING AGREEMENT. When executed by the parties and recorded as
hereinafter provided the conveyance of the easement set forth in this Agreement shall
be a binding easement agreement and conveyance and it shall bind the parties, their
respective heirs, personal representatives, successors and assigns. The easement
granted herein shall run with the land conveyed on this same date to Grantee by
Special Warranty Deed and shall be appurtenant thereto subject only to the terms and
conditions of this Agreement.
3. RECORDATION. When executed by the parties this easement shall be recorded
in the records of the Pueblo County Clerk and Recorder.
4. MODIFICATION. Any modification of this easement and /or of the rights and
obligations of the parties set forth herein shall be binding only if evidenced in a writing
signed by each party or an authorized representative of each party hereto and,
thereafter recorded in the records of the Pueblo County Clerk and Recorder.
EXECUTED BY THE GRANTOR THE DAY AND DATE FIRST ABOVE WRITTEN.
GRANTOR:
o ert A. Ja son
EXECUTED BY THE GRANTEE ON THE DAY AND DATE FIRST ABOVE WRITTEN.
GRANTEE: T
CITY OF PUEBLO L S
A Municipal Corporation
By: 1 ...
President of the City Council City
Page 2 6/14/2007
■
EXHIBIT A
GRANT OF NONEXCLUSIVE ACCESS EASEMENT
An easement for the purpose of ingress and egress located within a portion of the said
NW1 /4 of the SE' /. and the NE' /, of the SW Y< of Section 19, Township 21 South,
Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado
being more particularly described as follows:
A 12.00 foot ingress- egress easement being 6.00 feet on each side of the following
described centerline:
BEGINNING at a point on the west line of the above described parcel from which the
southwest corner of said parcel bears S 00 deg. 06' 05" E (bearings based on the East -
West centerline of said Section 19, monumented at the east end with a 0.5' X 0.5'
concrete marker with an "X" on top and monumented at the said intersection of the
southeasterly right of way line of Colorado State Highway No. 78 and the said east -west
centerline of said Section 19 with a 2" brass cap in concrete P.L.S. 12453 assumed to
bear S 89 deg. 53' 55" W) a distance of 42.87 feet; thence S 61 deg 32' 27" W a
distance of 104.94 feet; thence along the arc of a curve to the right having a central
angle of 18 deg. 11' 28" and a radius of 650.00 feet a distance of 206.37 feet; thence S
79 deg. 43' 54" W a distance of 896.67 feet; thence S 81 deg. 59'38" W a distance of
308.43 feet; thence S 73 deg. 28' 07" W a distance of 56.37 feet; thence S 82 deg. 56'
30" W a distance of 17.37 feet; thence N 77 deg. 14' 13" W a distance of 19.67 feet
more or less to a point on the southeasterly right of way line of Colorado State Highway
No. 78 and the POINT OF TERMINUS.
It being understood that the sidelines of said easement extend or shorten as necessary
to intersect the proceeding and following courses and the side line of said easement
extend or shorten as necessary to intersect the property line and the right of way line
that the POINT OF BEGINNING AND POINT OF TERMINUS are a part of.
Said parcel contains 0.44 acres more or less.
17 EASE 06/20/2007 11:29:05 AM
Gilbert orEla C1errk /Recorder, rT
Pueblo County, Co
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