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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. Resolution #11051 1736289 EASE 08/01/2007 02:47:02 PM Page: 1 of 6 R 26.00 0 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co mill WA 1010 IN 1 4MM W01 III 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 1 17 EASE 08/01/2007 MOM PM Gilbert 0 r O Clark /Re orderr,Pueblounty, Co Pueblo C mill lfl�C+�«IM1�MM��Nr1� h�b 1111111111 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. 2 Paga: 39of is.80Dz0.000TZ26.002 PM Gibert Ortiz r Pueblo County, Cc mill WA e0 plivii 1141Wiwi 11111 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. 3 17 EASE 08/01/2007 02:47:02 PM P ilbert Ortiz Clarrk//Re orrderr, County, Co ®iii R POW VV N sir 11W`W Wi 11111 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 � ?e•.A �rO R �lL \.PPO its OP CO�?6' M 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. 1736289 EASE 08/01/2007 02:47:02 PM Pe e: S of 5 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 K POW Dim U I W IN 11111