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Home My WebLink About11324RESOLUTION NO. 11324 A RESOLUTION AMENDING AN EASEMENT AGREEMENT WITH THE BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR THE PURPOSE OF MODIFYING THE POINT OF ACCESS TO SAID EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo, a municipal corporation, has entered into an agreement with the Board of Water Works of Pueblo, Colorado to allow construction, operation, and maintenance of a radio tower site at 4400 Walkingstick Blvd, and WHEREAS, a different, more efficient location and means for accessing the radio tower site easement has been identified, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: Section 1. An Amended Easement Agreement for use of property at 4400 Walkingstick Blvd., having been approved as to form by the City Attorney, is hereby accepted. The President of City Council is hereby directed and authorized to execute the Amended 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. Section 2. This Resolution shall become effective upon final passage and approval. INTRODUCED June 23, 2008 BY Vera Ortegon Councilperson r°T y ATTE D BY: �. � y PRESIf NT'ei Cif' Council ?\Q-s 1v 32tf G uAlJ �c �- �-_ �- Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JUNE 23, 2008 DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT DIRECTOR JOHN WILKINSON TITLE A RESOLUTION AMENDING AN EASEMENT AGREEMENT WITH THE BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR THE PURPOSE OF MODIFYING THE POINT OF ACCESS TO SAID EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. ISSUE Should Council accept amendments to an existing easement agreement with the Board of Water Works that will allow a different point of access to the City's radio tower on BOWW property at 4400 Walkingstick Blvd. RECOMMENDATION Approval of this Resolution BACKGROUND The City entered into an Easement Agreement with the BoWW for the purpose of establishing a radio tower site (Resolution 10982, April 23, 2007). That original agreement was predicated upon the City's plan to build a road to the Walkingstick radio tower site, so City access to the site would not involve BoWW property. Shortly after the Easement Agreement was finalized, the City's Public Works Department examined the various options for road, and determined that the cost could exceed $30,000. The City pursued a less expensive option, by requesting that City staff be allowed to use the same road and gate that the BoWW employees use to access the property. The Amended Easement Agreement would allow access to the AGENDA ITEM # DATE: JUNE 23, 2008 DEPARTMENT: INFORMATION TECHNOLOGY DEPARTMENT DIRECTOR JOHN WILKINSON TITLE A RESOLUTION AMENDING AN EASEMENT AGREEMENT WITH THE BOARD OF WATER WORKS OF PUEBLO, COLORADO FOR THE PURPOSE OF MODIFYING THE POINT OF ACCESS TO SAID EASEMENT, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME. ISSUE Should Council accept amendments to an existing easement agreement with the Board of Water Works that will allow a different point of access to the City's radio tower on BOWW property at 4400 Walkingstick Blvd. RECOMMENDATION Approval of this Resolution BACKGROUND The City entered into an Easement Agreement with the BoWW for the purpose of establishing a radio tower site (Resolution 11051, June 23, 2008). That original agreement was predicated upon the City's plan to build a road to the Walkingstick radio tower site, so City access to the site would not involve BoWW property. Shortly after the Easement Agreement was finalized, the City's Public Works Department examined the various options for road, and determined that the cost could exceed $30,000. The City pursued a less expensive option, by requesting that City staff be allowed to use the same road and gate that the BoWW employees use to access the property. The Amended Easement Agreement would allow access to the radio tower site by using the existing BoWW gate and traversing the BoWW property. The BoWW will let City staff use that road and gate if the City agrees to the BoWW security policies and provides funding for security measures, primarily a security badge reader, to be used in conjunction with an electric gate. FINANCIAL IMPACT There will be savings to the City's radio project budget, as the projected costs for BoWW security measures will be approximately $5,500 one -time cost and approximately $200 annual maintenance cost. This will allow the City to avoid $30,000 of road - building costs. Res. 11324 - - - -- — - -- • 1774392 AM EASE 07/02/2008 04:27:55 PM Page' I of 3 R 16.00 D 0.00 T 16.00 Gi err Ortiz Clerk /Recorder, Pueblo County, Cc ®III PrAr, Fe "11AIN'VIA 9 101 FIREVl iftl' 11111 AMENDED EASEMENT AGREEMENT This Amended Easement Agreement ("Amended Agreement ") granted as of ac a3 2008, amends that certain Easement Agreement ( "Agreement ") between the Board of Water Works of Pueblo, Colorado, 319 West 4` Street, Pueblo, Colorado 81003 ( "Board ") and Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado 81003 ( "City ") granted as of July 18, 2007 and recorded in the records of the Pueblo County Clerk and Recorder on August 1, 2007 at Reception No. 1736289. 1. In consideration of the sum of S 1.00 and other consideration paid and given by City to Board, the Agreement is hereby amended by the addition of a new Paragraph 13 to read as follows: 13. (a) In addition to the temporary access granted in paragraph 3 of this Easement Agreement, the Board hereby grants to City, for the term of this Easement Agreement, access to Parcel A through and across the Board's property located adjacent to Parcel A. The access granted herein shall be for the purpose of ingress to and egress from Parcel A by City's radio system maintenance vehicles and personnel. Such access may be terminated by City at any time upon City notifying Board in writing that it no longer intends to use such access for the purpose stated herein. Such access shall also terminate if and when the City shall cease to use such access for a continuous period of three (3) years. The access route is depicted in the drawing attached hereto and incorporated herein as Exhibit 1. In using such access, City shall comply with the Security Procedures prescribed by the Board. (b) The City shall pay the Board for the costs incurred by the Board in establishing and maintaining the security associated with the access granted to the City in this Paragraph 13. The Board shall notify the City, in writing, of the Security Procedures and the costs to be paid by the City. Said notice shall be provided prior to the execution of the Amended Agreement and prior to the effective date of any revisions to the costs to be paid by the City or revisions to the Security Procedures by the Board, At any time, the Board may terminate the access granted in this Paragraph 13 if the City fails to pay tHese costs or fails to comply with the Board's Security Procedures. (c) The Board may designate and provide an alternate access route through its property by providing 30 -days prior written notice to City along with a revised Exhibit 1 depicting the new access route. (d) City shall pay Board for any damages caused to Board's property in connection with its use of the access granted herein. 2. The Agreement shall remain in full force and effect except as expressly amended herein. Res. 11324 BOARD OF WATER WORKS OF PUEBLO, COLORADO ATTEST: & a (-wYV" ,a STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) By: Q C . Executive Director 1774392 AM EASE 07/02/2008 04:27:55 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill M PIP 1 h110 `1'h�l1W®1111 foregoing Amended Easement Agreement was duly acknowledged before me by tyn i as Executive Director and by Terry �a wErel I as 1)irecfel o �ti, n. Eerui ceS. of the Board of Water Works of Pueblo, Colorado. F[ :ARTINEZ SLIE M OTARY PUBLIC TE OF COLORADO Notary Public My Commission Expires: AYMS l Lift .I: f.V STATE COUNTY OF PUEBLO PUEBLO, A MU CIPACORPORATION BY: President of City Council ss. The foregoing Amended Easement Agreement was duly acknowledged before me by &A t_ ba 1 Ti p r as President of City Council and by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. My Commission �'::