HomeMy WebLinkAbout11051RESOLUTION NO. 11051
A RESOLUTION ACCEPTING AN EASEMENT FROM THE BOARD OF WATER WORKS OF
PUEBLO, COLORADO FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A RADIO
TOWER AT 4400 WALKINGSTICK BLVD., AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME.
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, the Board of Water Works of Pueblo, Colorado is agreeable to allowing an
easement for the purposes of construction a radio tower on the site at 4400 Walkingstick Blvd, and
WHEREAS, the site in question has unique qualities the make it particularly well suited for a
radio tower for the north side of the City,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
Section 1.
The easement for use of property at 4400 Walkingstick Blvd., the terms and conditions of
which are attached hereto and incorporated herein, having been approved as to form by the City
Attorney, is hereby accepted. The President of Council is hereby directed and authorized to
execute the easement agreement in the name and on behalf of the City and the City Clerk is
directed to affix the seal of the City thereto and attest same.
INTRODUCED July 9. 2007
APPROVED: a
ESID NT%J City Council
ATTESTED BY:
CITY CLERK
BY Randy Thurston
Councilperson
pQ,a6 lle5l
AGENDA ITEM # 9
DATE: JULY 9, 2007
DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT
DIRECTOR JOHN WILKINSON
TITLE
A RESOLUTION ACCEPTING AN EASEMENT FROM THE
BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR
THE PURPOSE OF CONSTRUCTING AND OPERATING A
RADIO TOWER AT 4400 WALKINGSTICK BLVD., AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME.
ISSUE
Should Council accept an easement from the Board of Water Works to build and
operate a radio tower on BOWW property at 4400 Walkingstick Blvd.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The easement would allow use of property that is located north of the CSU
Pueblo campus, and there are currently three water tanks and a small service
building on the site. BoWW staff and Board of Directors were asked if the City
could use part of the property for the purpose of the building a radio tower, and
were agreeable to this project. The very qualities that make the site appropriate
for water tanks, also make it a very good radio tower site. The easement would
have a duration of as long as fifty years. The City has agreed to allow the BoWW
to use the tower for their own equipment, should it develop such a need.
FINANCIAL IMPACT
There is no direct financial impact to the City.
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EASEMENT AGREEMENT
This Easement Agreement granted as of 7/i8 2007, by the
Board of Water Works of Pueblo, Colorado, 319 W�Street, Pueblo,
Colorado 81003 (Board) to Pueblo, a Municipal Corporation, 1 City Hall Place,
Pueblo, Colorado 81003 (City), as follows:
1. Consideration City has paid One Dollar ($1.00) and other good
and valuable consideration to the Board as consideration for this
Easement Agreement.
2. Term This Easement Agreement shall be for a term of Thirty (30)
years ending on the thirtieth (30 anniversary of this Easement
Agreement. This Easement Agreement may be extended for two
(2) additional terms of ten (10) years each. The extension terms
shall automatically take effect unless City notifies Board in writing
that this Easement Agreement shall terminate at the end of the then
existing term.
Without regard to the provisions contained above in this paragraph
2, this Easement Agreement shall terminate if City notifies Board in
writing that it no longer intends to use the real property described
herein for the purpose contained in this Easement Agreement and
this Easement Agreement shall also terminate if and when said real
property shall have ceased to be used for the purposes contained
in this Easement Agreement for a continuous period of three (3)
years.
3. Grant of Easement Board grants to City an exclusive easement for
Parcel A. The legal description for Parcel A is attached hereto and
incorporated as Exhibit A .
During initial construction of the Radio Tower, not to exceed nine
(9) months from the date of this Agreement, the Board will allow
City and its contradfor(s) to temporarily access Parcel A through the
Board's property adjacent to the site. In addition, if the City must
perform non - routine maintenance or desires to enlarge the Radio
Tower and this maintenance or construction requires the use of
large trucks or a crane, Board may provide temporary access to
Parcel A through the Board's property adjacent to the site. Board
may deny access if it has constructed facilities on the property
adjacent to the site or otherwise determines that this access should
be denied. City shall pay, or cause its contractors to pay, for any
damages caused to Board property in connection with use of any
temporary access to Parcel A as provided in this paragraph 3. City
and its contractor(s) shall be required to comply with all Board
security procedures and confine use of Board property to areas
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designated by the Board. The Board will provide the City its
security procedures in writing and provide a map designating the
area that can be temporarily used for access. If City or its
contractor(s) do not comply with all Board security procedures or
confine their activities to the designated areas, the Board may
immediately revoke this temporary access without notice. Board
shall not provide access to Parcel A except as provided in this
Paragraph 3. Board may install its communication equipment on
the Radio Tower with the approval of the City's radio frequency
engineer. Board shall pay for installation of its equipment and for
any damages it causes to the Radio Tower during the installation
process.
4. Purpose The purpose for the use of Parcel A ,shall be
constructing, installing, maintaining, replacing, repairing and using
a radio tower not exceeding two hundred (200) feet above ground
level and appurtenant fixtures, equipment and facilities (Radio
Tower) as part of City's radio system.
5. City Responsibilities City shall pay all costs associated with the
Radio Tower in connection with City's use of Parcel A in
accordance with the purpose stated above. City shall comply with
all laws concerning its use of Parcel A and all required permits or
governmental approval shall be obtained by City. Any necessary
utilities shall be obtained by City. An eight foot (8') tall chain link
fence shall be installed and maintained by City along the entire
boundary of Parcel A. City shall not allow any liens to be placed on
Parcel A in connection with its use of Parcel A. City shall take
reasonable precautions to ensure that City's use of Parcel A shall
not jeopardize the security of Board's adjoining property which is a
secure site.
6. Insurance City shall maintain at its expense commercial general
liability insurance or self- insurance covering actions by City for a
limit not less'than $600,000.00 single limit for, bodily injury and /or
property damage combined. Coverage shall include independent
contractor's protection, premises- operations, products /completed
operations and contractual liability with respect to the liability
assumed by City hereunder. To the extent allowed by law, the City
shall indemnify and defend Board against loss from negligent acts
of City's employees, agents, licensees or invitees.
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7. Governmental Immunity The parties hereto agree that liability for
claims for injuries to persons or property arising out of the
negligence of either party, its officials, employees, servants or
authorized volunteers, is controlled and limited by the provisions of
the Colorado Governmental Immunity Act, Section 24 -10 -101, et
seq. C.R.S. Any provision of this Easement Agreement whether or
not incorporated herein by reference, shall be controlled, limited,
and otherwise modified so as to limit any liability of City and Board
in accordance with the Governmental Immunity Act.
8. Hazardous Materials City shall comply with all laws regarding
hazardous materials. Hazardous materials means asbestos or any
hazardous substance, waste or material as defined in.any federal,
state or local environmental or safety law or regulation, including,
but not limited to, CERCLA. City shall be solely responsible for and
will defend and hold Board harmless from and against any and all
claims, costs and liabilities arising out of or in connection with the
removal, clean -up or restoration of the property subject to this
Easement Agreement due to the activities of City. The obligations
in this paragraph shall survive expiration or termination of this
Easement Agreement.
9. Assignment This Easement Agreement is for the sole benefit of
City and may not be assigned, transferred or conveyed in whole or
part to another party without the express written consent of Board
and Board may deny consent without providing any reason for the
denial.
10. Title: Board does not warrant title to the real property subject to
this Easement Agreement. City accepts this Easement Agreement
based on title work which it obtained prior to execution of this
Easement Agreement.
11. Removal Upon termination or expiration of this Easement
Agreement, City shall remove the - Radio Tower and fence from
Parcel A and restore the property to a condition similar to that prior
to the construction by City. This paragraph shall survive
termination or expiration of this Easement Agreement.
12. Notice Any notice required or permitted pursuant to this Easement
Agreement shall be in writing and may be delivered in person or
sent by certified mail, return receipt requested, to the party at the
address provided in this paragraph.
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City Board
City Manager Executive Director, Board of
Pueblo, a Municipal Corporation Water Works of Pueblo, Colorado
1 City Hall Place 319 West 4 Street
Pueblo, Colorado 81003 Pueblo, Colorado 81003
Notice of change of address shall be treated as any other notice.
BOARD OF WATER WORKS OF
PUEBLO,COLORADO
ATTEST: By:— --
Ex . ti a Director
LESLIE MARTINEZ
STATE OF COLORADO ) NOTARY PUBLIC
ss. STATE OF COLORADO
COUNTY OF PUEBLO ) M Cr;mmissicr Expires.q—i3
Subscribed and sworn to before me by Ai & C. as
Executive Director and by as
_ of the Board of Water Works of Pueblo, Colorado.
My Commission Expires:
Notary Public \
PUEBLO, A MUNICIPAL C PORATION
By L
ATyTF, 5� tS i Title: ' Pres ent of City Council
STA1rEA6R?EbLO_NA_ DO )
COUNTY OF--PUEBLO )
Subscribed and sworn to before me by Judy P Weaver as
President of City Council and Gina Dutcher as _Lity Clark of Pueblo, A
Municipal Corporation.
�` I
4y� _ otary Public
My Cor i ion expires: 6/26/2011
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EXHIBIT A
Parcel A
Legal Description of Easement at 4400 Walkingstick Blvd.
Commencing at the southeast corner of lot 16, Block 24, Schuyler Heights Sub-
division according to the plat filed for record as Instrument #34280 dated August 10,
1889 in the office of the Pueblo County Clerk and Recorder, thence north along the west
alley line of block 24 of said sub - division a distance of 172 feet to a Point of beginning.
Thence west and perpendicular to the west alley line of block 24 of said sub-
division a distance of 70 feet, thence north and parallel to the west alley line of block 24 a
distance of 50 feet, thence east and perpendicular to the west alley line of block 24 of said
sub- division a distance of 70 feet, thence south along the west alley line of block 24 of
said sub - division to the Point of beginning.
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