HomeMy WebLinkAbout12549RESOLUTION NO. 12549
A RESOLUTION GRANTING A NON-EXCLUSIVE PUBLIC
UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF
COLORADO UPON AND ACROSS LANDS LOCATED
EAST OF VESTAS TOWERS AMERICA, INC. AND NORTH
OF LIME ROAD
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City of Pueblo does hereby grant to Public Service Company of Colorado
(herein “Company”) a non-exclusive public utility easement upon and across lands
located east of Vestas Towers America, Inc. and north of Lime Road, as described, and
subject to the conditions set forth in the Public Utility Easement, a copy of which is
attached hereto and incorporated herein.
SECTION 2.
The President of the City Council is authorized to execute and deliver the Public
Utility Easement for and on behalf of the City and the City Clerk is directed to affix the
seal of the City and attest same.
INTRODUCED: December 10, 2012
BY: Leroy Garcia
COUNCIL PERSON
Background Paper for Proposed
RESOLUTION
DATE: DECEMBER 10, 2012 AGENDA ITEM # M-6
DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT
JULIE ANN WOODS, AICP/ASLA, DIRECTOR
TITLE
A RESOLUTION GRANTING A NON-EXCLUSIVE PUBLIC UTILITY EASEMENT TO
PUBLIC SERVICE COMPANY OF COLORADO UPON AND ACROSS LANDS
LOCATED EAST OF VESTAS TOWERS AMERICA, INC. AND NORTH OF LIME
ROAD
ISSUE
Should City Council grant a non-exclusive public utility easement to Public Service
Company of Colorado, for construction of a utility service line which will serve Rocla
Concrete Tie, Inc.?
RECOMMENDATION
Approve the Resolution.
BACKGROUND
Currently construction of the Rocla Concrete Tie facility located east of Vestas and
north of Lime Road is underway and the project is requiring a utility service line to be
installed to allow a steam generator to come online. It is necessary for the completion
of the construction project that this steam generator be operational. The service line will
be required to come from the substation located south of Rocla’s property via the 20
foot easement across City-owned property. The easement will also be within the 125
foot lead track easement, but will not interfere with the lead track and appurtenances.
FINANCIAL IMPACT
There is no cost associated with the conveyance of the easement.
RE: RESOLUTION 12549
Reception 1934590
02/20/2013 12:29:23 PM
PUBLIC UTILITY EASEMENT
THIS EASEMENT, granted this 10 day of December, 2012, by PUEBLO, a Municipal Corporation,
GRANTOR, to Public Service Company of Colorado, 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 twenty (20) foot non- exclusive easement and right of way for the purpose of installing a gas
utility line, in, through, over, 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. GRANTEE
shalt repair any and all damage caused to GRANTOR'S abutting property by GRANTEE'S use thereof. GRANTOR
reserves the right to use and occupy said property for any purpose not inconsistent with the right and privilege above
granted.
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.
GRANTEE, in consideration of GRANTOR'S grant of this easement and GRANTEE'S use thereof, shall
indemnify, defend and hold harmless the GRANTOR, its officers and employees from and against any and all claims,
expenses (including reasonable attorney fees), 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 hereby granted.
"GRANTEE" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of
the heirs, personal representatives, successors or assigns of the GRANTOR and GRANTEE. This easement shall be
deemed abandoned if it is not used for its stated purpose for a period of twenty-four (24) consecutive months. In case of
abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except GRANTEE shall
not be released or discharged from its indemnification obligations hereunder.
',%"<-5- :ail.0 PUE: i a M .al C: .oration
ATTEST: //� ArAdZiadf
;,Preside, of the C y Council
City -rk �• ns P or /v r
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it
1 U
COUNTY OF PUEBLO ) �?� 1 ` _ J � ;1 �
STATE OF COLORAD ss.
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this ��,�vl day of
Cek bb r , 2012. by l h rlQ, - KL1.u( - ryiin as President of the City Council and by
l Vl(t
Dui °Y as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires: g -2/- ZD Ig .
(i)
[SEAL] LORENE BRAVO -NEFF
- 'au'2) /Z__
NOTARY PUBLIC Notary Public
CA 12/30/08
STATE OF COLORADO
1934590 EASE 02/20/2013 12:29:23 PM
Pa 2 of 3 R 2 1.00 D 0.00 T 21.00
Gilbert O rtiz C lerk / Recorder, Pueblo Count Co
•
III PI elid,1144411141. PM iii'i 1111
EXHIBIT A
LAND DESCRIPTION
PUBLIC UTILITY EASEMENT
An easement for Public Utility purposes located in a portion of the SE 1/4 of Section 1,
Township 22 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of
Colorado, being more particularly described as follows.
Considering the South line of the SE 1/4 of Section 1, Township 22 South, Range 65 West to bear
N. 88 °38'07" W. and all bearings contained herein being relative thereto.
Commencing at the Southeast corner of Section 1, Township 22 South, Range 65 West; thence
N. 40 °04'53" W., a distance of 3471.51 feet to a point on the North line of the SE '/4 of said
Section 1 and the Point of Beginning; thence S. 20 °11'20" W., a distance of 270.74 feet, thence
S. 03 °00'08" W., a distance of 326.25 feet; thence N. 86 °59'52" W., a distance of 20.00 feet;..
thence N. 03 °00'08" E., a distance of 329.27 feet, thence N. 20 °11'20" E., a distance 266.99 feet
to a point on the North line of the SE 1/4 of said Section 1; thence S. 88 °31'41" E., along the
North line of the SE 1/4 of said Section 1, a distance of 21.12 feet to the Point of Beginning.
I, David M. Stravia, being a licensed Professional 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.
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David M. Stravia
Colorado P.L.S. 12933
NorthStar Engineering and Surveying, Inc.
November 19, 2012
JN 12 004 00
Page 1 of 2
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BASIS OF BEARINGS
I SOUTH LINE OF THE SOUTHEAST \
1/4, SEC770N 1, TOWNSHIP 22
SOUTH, RANGE 65 WEST OF THE \
6774 P.M. BEARS N. 88'38'07" W.
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B LAD SURVEY, AND WAS ONLY AS PREPARED TO DEPICT
y: 1®OR HS AR ENGINEERING AND SURVEYING, INC THE ATTACHED LAND DESCRIP170N.
JN 08 045 02 PAGE 2 OF 2