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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 • 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. gy p \tt 41 1r ' �. \10 ' S 14'44 4;(%)‘ ' 9.F„G \STE � G / y m .1 293 , : 1 �, e 1- 1R -1� 4 9 0 SUR�� PO eLso David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. November 19, 2012 JN 12 004 00 Page 1 of 2 .- /'Xllllll z 1 1 .... - .t. — I T. CHARLES; INDUSTRIAL PARK, // <1 FILING NO. L :I; LOT L BLOCK 1 S8831'41 "E 21.12' A I - F.O.B. m i �- I o — a M 20' PUBLIC I ��' e. , - — N N o UncarY o r N \ m EASEMENT ti N N I; � � l ' N " almIM co • 3 ti GRAPHIC SCALE ..06_ 0 \ �m U S Q' 400 0 200 400 N m a '" I 0 4? 1 I NCH 400 FEET m 0: W 3' _ W O, _ -- OIL IGH T.4 F CO LIME Rai D R \ I � .. 2 v� / N86 59 52 " W . '" a" 8 20.00' \s,,%., LaJC‘i o \� w w \ ;Z LEGEND . __ , ' \ s . , . . i LI ll FOUND NO. 5 REBAR TH 2 1/2" DIAME�9ER ® WI ALUMINUM CAP, L.S. 10895 •\ `O L. FOUND NO. 6 REBAR WITH 3 1/4" DIAMETER • � )1.- ALUM /NUM CAP, R.L.S. 31161 \ • I \ 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. \ • PR E — — — — A N88' • • •(BAS'S OF BE4R/NGS) • • • 265784 • • • R 11; D , 1 ,s/ 1., 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