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Home My WebLink About11254RESOLUTION NO. 11254 A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AQUILA, INC., A DELAWARE 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 Aquila, Inc., a Delaware 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 March 24. 2008 ��s �iasy [ ED D 0 tD Background Paper for Proposed RESOLUTION AGENDA ITEM #� DATE: MARCH 24, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION APPROVING AN EASEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND AQUILA, INC., A DELAWARE CORPORATION, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the granting of an easement to Aquila, Inc., a Delaware Corporation, for the purpose of a placing an underground electrical line in Parcel "A" that is dedicated to the public as a drainage parcel in Regency Business Park subdivision. RECOMMENDATION Approval of this Resolution BACKGROUND Aquila, Inc., a Delaware Corporation, has requested an easement within a portion of Parcel "A" of Regency Business Park subdivision for the purpose of installing an underground electrical line. FINANCIAL IMPACT There is no financial impact to the City associated with the granting of this easement. Res11254 1768863 EASE 04/16/2008 03:16:16 PM Page 1 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Cl rk /Recorder, Pueblo County, Co � ®iii K r TIFD KIMN IN � A ®iii 1 EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this'_ day of 19 _�' P-5– 1— 2008, by PUEBLO, a Municipal Corporation, GRANTOR, to Aquila, Inc., a Delaware Corporation, GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a non - exclusive ten (10) foot easement and right of way for the purpose of Electrical Utility Lines, in, through, under and across GRANTOR's property situated in Pueblo County, Colorado, and described as follows: See Attached Exhibit "A" TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance and repair, and together with the right to use so much of the abutting property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with GRANTEE'S use of property. GRANTEE acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement and right of way. GRANTEE agrees to indemnify, defend and hold harmless the GRANTOR from any and all claims, expenses, 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 and right of way hereby granted. This easement and right of way shall be binding upon, and shall inure to the benefit of the successors and assigns of the GRANTOR and GRANTEE. In case of abandonment of said easWTn , rights, privileges, and interest granted herein shall terminate. PUEBLO, a Municipgj Corporation `�j�11� R President of the City Council flow 160 ` --- •. y Co W r a tion COUNTY OF PUEBL By� STATE OF COLORADO Name: �Ilezf /i Res: 11254 The foregoing instrument was acknowledged before me this `� day of 2008 by Barbara Vidmar as President of the City Council and by Gina Dutcher a City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission ex ires: R - ZI - ZDI I LORENEBRAVO -NEFF F N A OTARY PUBLIC t COLORADO kn" L"', Notary Public COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument as acknowledged fore me this day of I.lL j , 71 7y 4LVAI of Aquila, Inc., - a Delaware Corporation. Witness my hand and official seal., / My commission expires: �� t / 0U � �y [ E •q.��, . Notary Public 17 8 65563 EASE 04/16/2008 03:16:16 PM Gilbert Ortiz Clerk/ County, Co ■iii K rr�h,llorifvi 11AM IN 101 gill Res. 11254 -- -- _ — — - - 17 g 66663 EASE 04/16/2008 03:16:16 PM Gilbert Ortiz Clerk County, Co ®iii�FriU1111FIVI iAN WIN ®iiii EXHIBIT A PUBLIC UTILITY EASEMENT LAND DESCRIPTION An easement for public utility purposes located in a portion of Parcel A in Regency Business Park, LLC according to the recorded plat thereof as filed for record at Reception No. 1722138 in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the West line of Parcel A in Regency Business Park, LLC to bear N. 01008'24" E., and all bearings - contained herein being relative thereto. Commencing at the Northwest corner of Parcel A in said Regency Business Park, LLC; thence S. 89 0 47'49" E., along the Northerly line of said Parcel A, a distance of 54,11 feet to a point on the Northeasterly line of said Parcel A; thence S. 37 °02'05" E., along the Northeasterly line of said Parcel A, a distance of 60.85 feet to the Point of Beginning; thence S. 37 0 02'05" E., continuing along the Northeasterly line of said Parcel A, a distance of 229.57 feet; thence S. 52 0 57'55" W., a distance of 10.00 feet; thence N. 37 0 02'05" W., a distance of 229.57 feet; thence N. 52 0 57'55" E., a distance of 10.00 feet to the Point of Beginning. I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief,.....e,,.., 1.31 -OB 9 $ fIryIIN1111111 David M. Stravia Colorado P.L.S. #12933 NORTHSTAR ENGINEERING AND SURVEYING, INC. January 31, 2008 JN 05 036 00 Page 1 of 2 RAC 00 J R1 a x D _ rn ®-°N CID a Tp °mm II ro 70 c CN^ r n at ®l. 0 E A R E D FOUND No. 4 REBAR w/ PLASTIC CAP L.S. 12933 B Y NORT MAR ENMEERING AND SURVEYING, INC. N°TE, THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION. 54.1 r • 6 P.U.E. wl I.. �k�_ � /l y r• �{ .`Il- ' rr k i l -�_. / / r` � '! : ; K. _ �N OIT. S37 6 02 05 - E / 0 85' F // {� /�y I l . V.L. O i 8� o I� 1 k P 40' INGRESS/EGRESS / �$ iQ`h PUBLIC UTILITY EASEMENT / PRIVATE UTILITY EASEMENT - 1 ,_ -- 6 /S52'ST55 - W 0� n -1 a n o 1 h. • , i i , -, 10.00' D.E. o '9 \l P pF o� 0 SCALE: 1 " 100' i CoL / i 0 50' 100' 200' i B Y NORT MAR ENMEERING AND SURVEYING, INC. N°TE, THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION. 54.1 k i PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT LANDSCAPING EASEMENT POINT OF BEGINNING POINT OF COMMENCMENT FOUND No. 4 REBAR w/ PLASTIC CAP L.S. 30107 P. O. C. z m ut N P.U.E. D. E. N52 m.DD' L.E. P.O.B. / / P.O.C. '! : ; K. _ S37 6 02 05 - E / 0 85' F // {� /�y I l . V.L. O k i PUBLIC UTILITY EASEMENT DRAINAGE EASEMENT LANDSCAPING EASEMENT POINT OF BEGINNING POINT OF COMMENCMENT FOUND No. 4 REBAR w/ PLASTIC CAP L.S. 30107 P. O. C. z m ut N