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Home My WebLink About13419RESOLUTION NO. 13419 A RESOLUTION APPROVING AN EASEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND CELLULAR INC. NETWORK CORPORATION (VERIZON WIRELESS) AND AUTHORIZING CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement between Pueblo, a Municipal Corporation, and Cellular Inc. Network Corporation, dba Verizon Wireless, 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. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the contract to effectuate the transactions described therein. SECTION 3. This Resolution shall become effective upon passage and approval. INTRODUCED April 25, 2016 BY: Ed Brown City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM : Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION APPROVING AN EASEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND CELLULAR INC. NETWORK CORPORATION (VERIZON WIRELESS) AND AUTHORIZING CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves the granting of an easement to Cellular Inc. Network Corporation, dba Verizon Wireless. PREVIOUS COUNCIL ACTION: None BACKGROUND: Cellular Inc. Network Corporation, dba Verizon Wireless has requested an easement on a City owned property located at 5680 West State Highway 78 for the purpose of installing a dark fiber optic cable line. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: N/A STAKEHOLDER PROCESS: N/A ALTERNATIVES: None Attachments: Easement Agreement and Exhibit Reception 2045841 08/22/2016 02:27:05 PM EASEMENT AGREEMENT THIS EASEMENT, granted this ;26 r day of /apt t 20 t to , by PUEBLO, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003, Grantor, to Cellular Inc. Network Corporation, whose address is One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, 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, perpetual non-exclusive easement for the purpose of installation, construction and thereafter maintenance of a dark fiber optic cable line over, under and across one -foot of the Grantor's property situated in Pueblo County, Colorado, and described and shown in attached Exhibit "A" ("Easement Area"). Grantor reserves the right to occupy and use the Easement Area for all purposes not inconsistent with the rights herein granted. Grantor hereby covenants for and on behalf of itself, its heirs, successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed, any building or any other permanent structure within the Easement Area, or make any permanent excavation, or permit any permanent excavation to be made within the Easement Area. Grantee stipulates, acknowledges and agrees that Grantor inay use and shall continue to be able to use the Easement Area for any lawful purpose, Grantor's use of the easement shall be superior to Grantee's, and Grantee's use of the Easement Area shall in no manner impair, hinder or otherwise interfere with Grantor's use of the Easement. Grantee shall repair any and all damage caused to Grantor's lands and improvements thereon by Grantee's use thereof. Grantee shall indemnify, defend and hold harmless the Grantor and 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 Area and the easement hereby granted, except to the extent attributable to the negligent or intentional act or omission of Grantor or its agent. If Grantee shall default in the performance of any of Grantee's covenants hereunder and such default shall remain uncorrected for sixty (60) days after written notice specifying the default is given to the Grantee by the Grantor, Grantor may terminate this Easement. Upon such termination or the abandonment of this Easement, all rights, privileges and interests hereby Site Name: PUE Terry Lee Cranmer (Dark Fiber) 096003.301 / Easement Agreement BUS_RE/5970841.1 2045841 Page 2 of 6 08/22/2016 02:27:05 PM PUE Terry Lee Cranmer (Dark Fiber) granted to Grantee shall cancel and terminate and Grantee shall remove its property from the Easement Area and return same to its original condition. This Easement shall be deemed abandoned if the Easement Area is not used for its stated purpose for a period of twenty-four (24) consecutive months. Termination or abandonment of this Easement shall not release or discharge Grantee from its indemnification obligations hereunder. Grantee may assign and delegate all or any portion of its rights and liabilities under this Easement in connection with any assignment of the underlying lease ("Lease") with Robert A. Jackson, or sublease or license of all or a portion of the leased premises, upon written consent from Grantor which shall not be unreasonably withheld. Grantor agrees that Grantee may record this Easement in the office of the County of Pueblo, State of Colorado. Any modification of this easement and/or of the rights and obligations of the parties set forth herein shall be binding only if evidenced in a writing signed by each party or an authorized representative of each party hereto and thereafter, recorded in the records of the Pueblo County Clerk and Recorder. The rights, conditions and provisions of this Easement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. GRANTOR: I GRANTEE: Cellular Inc. Network Corporation d/b/a Verizon Wireless By: Diana Scudder President of the CifV un 1 _ .1 p Title: Executive Director, Market Operations ATTEST: ate City k 2 Site Name: PUE Terry Lee Cranmer (Dark Fiber) 096001.301 / Easement Agreement BUS_RF/5970841,1 2045841 Page 3 of 6 08/22/2016 02:27:05 PM PUE Terry Lee Cranmer (Dark Fiber) STATE OF COLORADO COUNTY OF ARAPAHOE ) I, 'x�- f , a Notary Public for said County and State, do hereby certify that Diana Scudder personally came before me this day and acknowledged that s/he is the Executive Director Market Operations of Cellular Inc. Network Corporation d/b/a Verizon Wireless, and she, being authorized to do so, executed the foregoing Grant of Easement as her own act and deed on behalf of Cellular Inc. Network Corporation d/b/a Verizon Wireless. WITNESS my hand and official Notarial Seal, this day of , 204. JANE F. JOt~i AM NOTARY PtW C STATE OF COLORAW No Public NOTARY ID MY COMIN!s" COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this a15�h day of f",,V , 20 1(P by G- WcLLov-cc.k, Pre s i (lcn+ 0� ci [ oiut�i O-x,tt C-t1ra 1bLxA beer ) e+A-,A CAe.rk. Witness my hand and official seal. My commission expires: y - Q BRENDA ARMIJO Notary Public NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20124008702 MY COMMISSION EXPIRES 02/14/2020 Site Name: PUE Terry Lee Cranmer (Dark Fiber) 096003.301 / Easement Agreement BUS_RE15970841.1 2045841 Page 4 of 6 08/22/2016 02:27:05 PM PUE Terry Lee Cranmer (Dark Fiber) EXHIBIT A Easement Area Site Name: PUE Terry Lee Cranmer (Dark Fiber) 096003.701 / Casement Agreement BUS_REJ5970841.1 2045841 Page 5 of 6 08/22/2016 02:27:05 PM EXHIBIT "A": LEGAL DESCRIPTION -5' WIDE UTILITY EASEMENT A 5.00 FOOT WIDE STRIP OF LAND LOCATED IN THE SOUTHEAST QUARTER TOWNSHIP 21 SOUTH, RANGE 65 WEST, 6TH P.M., SAID STRIP BEING 2.50 SIDE OF THE FOLLOWING DESCRIBED CENTERLINE; OF SECTION 19, FEET ON EACH BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER OF SECTION 19, ASSUMED TO BEAR N00'34'45"W A DISTANCE OF 2660.80 FEET FROM A 6" COFFEE CAN SET IN CONCRETE FOUND AT THE SOUTH QUARTER CORNER OF SAID SECTION 19 TO A NO. 5 REBAR FOUND AT THE CENTER QUARTER CORNER OF SAID SECTION 19, BEGINNING AT A POINT ON THE WESTERLY SIDE OF A 1.00 FOOT WIDE STRIP OF LAND DESCRIBED AT RECEPTION NO. 1730909 FILED IN THE PUEBLO COUNTY CLERK AND RECORDERS OFFICE, SAID POINT BEARS S82'59'53"E' A DISTANCE OF 175.83 FEET FROM SAID CENTER QUARTER CORNER OF SECTION 19; THENCE N89'35'41"E A DISTANCE OF 1,00 FEET TO THE EASTERLY SIDE OF SAID 1,00 FOOT WIDE STRIP OF LAND AND THE POINT OF TERMINUS; WHENCE SAID SOUTH QUARTER CORNER OF SECTION 19 BEARS S03° 13'22"W A DISTANCE OF 2643.42 FEET. CENTERLINE LENGTH IS 1,0 FOOT, MORE OR LESS, I, THE UNDERSIGNED, A REGISTERED LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THIS EXHIBIT WAS PREPARED BY ME OR UNDER MY SUPERVISION AND IS TRUE AND ACCO TO THE BEST OF MY KNOWLEDGE. FOR AND�bi,4LRECISI0NP. JIJIJI�A L.S. 1 SURVEY &MAPPING, INC. 115116 DATE Alp, Precision Surae In(� Inc. am. BY: J.N. FILE: 811914—PDE TERM/ LEE Y & Mapping, CHKD. BY: C'P'J'SNEk1'; 1 OF 2 UTILITY EASEMENT 3/75/1fi 9145 E. Kenyon Ave., Sone 191, Deiwer, CO 90137 DATE: — JOB : R 1 i 614 Tel:(3O3) 753-9799 Fay;{307) 753-04 SCALE; 1 " m 60' 2045841 Page 6 of 6 08/22/2016 02:27:05 PM OWNER: /—C1/4 SEC. 19, CITY OF PUEBLO T21S, R65W, 6TH P.M. RECEPTION NO. FOUND N0, 5 1730909 REBAR NO CAP S82'59'53°E'- 1 75.83'(TIE) i CENTERLINE 5'WJ UTILITY EASEMENT r41 "E 1.00'i/ 0N89'35 1 z CENTERLINE 5'W a UTILITY EASEMENT I w C13 LL E'LY SIDE RECEPTION NO. I Z u o rn OWNER; 1730909 I o a a a CO a ROBERT A. JACKSON I W'LY SIDE II RECEPTION NO, a " z SE1/4 SECTION 19 1730909 a r1n F T21S, R65W, 6TH P,M. II a o 't COUNTY OF PUEBLO Ido LJ STATE OF COLORADO i I ao O f J Z w I � Z S1 /4 SEC. 19, i9' CONSTRUCTION -� I T21S, R65W, 6TH P.M, AND MAINTENANCE FOUND 6" COFFEE CAN EASEMENT PER RECEPTION IN CONCRETE N0. 1730910 & 1727572 1.) PARCEL OWNERSHIP IS BASED ON THE RECORDS OF THE COUNTY ASSESSOR. 2.) ACCORDING TO COLORADO LAW, YOU MUST COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY WITHIN THREE YEARS AFTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS AFTER THE DATE OF THE CERTIFICATION SHOWN HEREON. 3. THE ONLY PURPOSE OF THIS EXHIBIT IS TO SHOW THE LOCATION OF THE EASEMENT(S). 4.; THIS DOCUMENT SHALL BE CONSIDERED NULL AND VOID IF IT DOES NOT BEAR THE ORIGINAL SIGNATURE AND SEAL OF THE PROFESSIONAL LAND SURVEYOR OR IF ALTERED IN ANY WAY. DRN. BY: J.N. FILE; em >ERRY �e Precision Survey &Mapping, Inc. 11su— CHKD, BY: C'P'S' SHEET: 2 OF 2 UTILITY EASEMENT DATE: 3115/16 8145 E. Benyon Ave„ We 101, Denver, CO 80237 7 e 30' Joe #: R11614 F" Te1:(303) 753-9799 Fcx.(3D3) 753-4044 SCALE: