Loading...
HomeMy WebLinkAbout13538 RESOLUTION NO. 13538 A RESOLUTION GRANTING AN EASEMENT FROM THE CITY OF PUEBLO TO XCEL ENERGY/PUBLIC SERVICE COMPANY OF COLORADO FOR THE PURPOSE OF RELOCATING AND RECONSTRUCTING A NATURAL GAS PIPELINE WHEREAS, the City of Pueblo, is granting an Easement for the relocation and reconstruction of a natural gas line; and, WHEREAS, such easements are necessary to clear the area for future infrastructure improvements; NOW, THEREFOR, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement for the natural gas line, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved for signature by the President of City Council. SECTION 2. The City Clerk is further directed to cause same to be recorded in the Office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: October 24, 2016 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 24, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION GRANTING AN EASEMENT FROM THE CITY OF PUEBLO TO XCEL ENERGY/PUBLIC SERVICE COMPANY OF COLORADO FOR THE PURPOSE OF RELOCATING AND RECONSTRUCTING A NATURAL GAS PIPELINE SUMMARY: Attached is a Resolution accepting an easement for a 2-inch distribution natural gas line that must be reconstructed. PREVIOUS COUNCIL ACTION: None BACKGROUND: th Due to CDOT’s 4 Street Project, Xcel Energy must relocate a gas line between Chester Street thth and the Union Pacific Railroad right-of-way and between East 4 and 8 Streets. FINANCIAL IMPLICATIONS: There are no costs associated with this project for the City of Pueblo. Xcel Energy will pay for the relocation and reconstruction of the natural gas pipeline. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: Not Applicable ALTERNATIVES: None RECOMMENDATION: Approval of this Resolution. Attachments:  Public Service Company of Colorado Easement Agreement re: Resolution 13538 Reception 2052076 10/26/2016 02:52:36 PM After recording, return to: Page: 1 of 3 R 21,00 D 0.00 T 21.00 Public Service Company of Colorado Right of Way and Permits 1123 West 31d Avenue Denver, CO 80233 Attn: T. Butler DIVISION Pueblo ROW AGENT T. Butler DOC. NO. 197246 LOCATION 30,31.205-64W DESCRIP, AUTHOR Precision Survey & Mapping PLAT/GRID NO. Cheater, 6°1-6"' Str. AUTHOR ADDRESS Denver, Colorado WO/JO/CREG NO. Pueblo, Co PUBLIC SERVICE COMPANY OF COLORADO EASEMENT The undersigned Grantor hereby acknowledges receipt of good and valuable consideration from PUBLIC SERVICE COMPANY OF COLORADO (Company), 1800 Larimer Street, Denver, Colorado, 80202, Suite 1100, in consideration of which Grantor(s) hereby grants unto said Company, its successors and assigns, a non-exclusive easement to construct, operate, maintain, repair, and replace utility lines and all fixtures and devices, used or useful in the operation of said lines, through, over, under, across, and along a course as said lines may be hereafter constructed in part of Lot n/a Block 8 Subdivision State Addition to Pueblo and Lot n/a Block1 Subdivision Fountain Addition being part of Sections 30 and 31. Township 2 South, Range 64 West of the 6`" Principal Meridian in the City of Pueblo , , County of Pueblo , State of Colorado. The easement is described as follows: SEE EXHIBIT A - ATTACHED The easement of 30 feet in width. The side boundary lines of the easement shall be lengthened and shortened as necessary to encompass a continuous strip of not less than the above width at all points on Grantor's property crossed by the above described easement and extending to the boundaries of adjacent properties. Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control, and use said utility lines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and together with the right to use so much of the adjoining premises of Grantor during surveying, construction, maintenance, repair, removal, or replacement of said utility lines and related fixtures and devices as may be required to permit the operation of standard utility construction or repair machinery. The Grantor reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the said Company's facilities therein or use thereof. Such reservations by the Grantor shall in no event include the right to erect or cause to be erected any buildings or structures upon the easement granted or to locate any mobile home or trailer units thereon. In case of the permanent abandonment of the easement, all right, privilege, and interest granted shall terminate. The work of installing and maintaining said lines and fixtures shall be done with care; the surface along the easement shall be restored substantially to its original level and condition. Executed by Gr 2016 G 44$BI,O, GO 010 Nawrocki h irr Irl G a } President of the City Council STATE OF Colorado ) ) ss. COUNTY OF Pueblo D The foregoing instrument was acknowledged before me this L _sr , 2016 by: Stephen G. Nawrocki, President of the City`Gouncil Witness my hand and official seal. g My commission Expires August 18, 2019 Notary Public GINA DUTCHER NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874054607 My COMMISSION EXPIRES AUGUS f 18, 2019 s 2052076 EASE 10/25/2016 02:52:36 PM Page: 2 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder; Pueblo County; Ce III RIFE !"All III 14 I`4hI it'01KIM F4,C4 1"111111 8TH STREET PARCEL "C" (80' R.O.W.) L10 POINT OFL9 BEGINNING BLOCK 1 FOUNTAIN ADDITION OWNER: CITY OF PUEBLO POINT PARCEL POINT OF i BEGINNING 7TH STREET (80' R.Q.W.) " N'13'41 06"tR 81.90'( 1 L1 POINT "A BLOCK 8 STATE ADDITION TO PUEBLO OWNER: CITY OF PUEBLO L PARCEL "A" AREA=10,318 S.F.* - - ACATED OR 0.237 ACRES* VA 6TH STREET (80' R.O W.) EXHIBIT "A" —PARCEL "C" L11 AREA=3,660 S.F.* OR 0.084 ACRES* rL12 /� 1��( I AI R� I) R; r L6 / 1 rf i.0 J 1 C 0'i ..? ..N l u'r:. 1'7i'ISTING 1,4 N !RACK, NG Luc,ll 1rhTR OJ ljNll �CR R.4iLPCr.0 C."i N;!11) V� 1 PARCEL "B" AREA=3,660 S.F.# -L8`' OR 0.084 ACRES* r PARCEL "A"� / LINE TABLE LINE # BEARING DISTANCE L1 N13'41'06"W 343.96' 1-2 N88'40'07"E 30.71' L3 S13'41'06"E 343.91' L4 S88'35'07"W 30.70' L5 N13'41'06"W 121.99' L6 N88'40'07"E 1 30.71' L7 S13'41'06"E 121.99' L8 S88.40'07"W 30.71' L9 N13'41'06"W 121.99' L10 N88'40'07"E 30.71' 1.11 S13'41'06"E 121.99' L12 588'40'07"W 30.71' POINT PARCEL POINT OF i BEGINNING 7TH STREET (80' R.Q.W.) " N'13'41 06"tR 81.90'( 1 L1 POINT "A BLOCK 8 STATE ADDITION TO PUEBLO OWNER: CITY OF PUEBLO L PARCEL "A" AREA=10,318 S.F.* - - ACATED OR 0.237 ACRES* VA 6TH STREET (80' R.O W.) EXHIBIT "A" —PARCEL "C" L11 AREA=3,660 S.F.* OR 0.084 ACRES* rL12 /� 1��( I AI R� I) R; r L6 / 1 rf i.0 J 1 C 0'i ..? ..N l u'r:. 1'7i'ISTING 1,4 N !RACK, NG Luc,ll 1rhTR OJ ljNll �CR R.4iLPCr.0 C."i N;!11) V� 1 PARCEL "B" AREA=3,660 S.F.# -L8`' OR 0.084 ACRES* r PARCEL "A"� / MA.iN T ' CK 4 v o Cr w In W 2 v 150 0 75 ISO FOUND !_LAD &- 1'A*1 I' - m CONCRGTF IN A Pl,j-FHLp 1 inch = 150 ft. t:ITY RAI'lcL eCx 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. ORN. 8Y: J.L. U T I L I 1 CHKO. BY: C.J. FILE: R11998.dwp I n --' "'+ I7 InL SHEET: 1 OF 2 945 c K"- ".. Wt. 101. D.m.., Co 909,17 DATE:09/13/18 W 0 N r 1 EAS E f� A E 1 V T T.l:(3M) M-9799 Fov;(JW) 753 -/OH SCALE: / 1" 0 150' POINT OF BEGINNING > o / 0 / � / N Q !_ CK m VACATED 5TH STREET - S-TH STREET (80_R.O.W.) 2 / f J'�J L.I Y TA;•K IN / ��JWCREIt n PL LL'3LU � / 01Y RANGF hOX i I � BA _IS OE 4TH STREET (80' R.O.W.) �J MA.iN T ' CK 4 v o Cr w In W 2 v 150 0 75 ISO FOUND !_LAD &- 1'A*1 I' - m CONCRGTF IN A Pl,j-FHLp 1 inch = 150 ft. t:ITY RAI'lcL eCx 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. ORN. 8Y: J.L. U T I L I 1 CHKO. BY: C.J. FILE: R11998.dwp I n --' "'+ I7 InL SHEET: 1 OF 2 945 c K"- ".. Wt. 101. D.m.., Co 909,17 DATE:09/13/18 W 0 N r 1 EAS E f� A E 1 V T T.l:(3M) M-9799 Fov;(JW) 753 -/OH SCALE: / 1" 0 150' 2052076 EASE 10/26/2016 02:52:36 PM Page: 3 of 3 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co III FACT K"40,74"I"k IIAIWINID IlIV.& 4 Bill LEGAL DESCRIPTION THREE PARCELS OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 30 AND IN THE NORTHWEST QUARTER OF SECTION 31, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, SAID PARCELS OF LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARING OF THIS DESCRIPTION IS ALONG THE 30' RANGE LINE OF 4TH STREET FROM THE INTERSECTION OF SAID 4TH STREET AND BRADFORD AVENUE TO THE INTERSECTION OF SAID 4TH STREET AND ALBANY AVENUE, MONUMENTED AT BOTH ENDS WITH A LEAD AND TACK SET IN CONCRETE IN A PUEBLO CITY RANGE BOX, ASSUMED TO BEAR N88'33'05"E A DISTANCE OF 433.01 FEET; PARCEL "A BEGINNING AT A POINT ON THE SOUTH RIGHT—OF—WAY OF VACATED 6TH STREET, SAID POINT BEARS N25'29'53"E A DISTANCE OF 753.10 FEET FROM SAID LEAD AND TACK SET IN CONCRETE IN A PUEBLO CITY RANGE BOX FOUND AT SAID 4TH STREET AND BRADFORD AVENUE; THENCE N13'41'06"W A DISTANCE OF 343.96 FEET TO THE SOUTH RIGHT—OF—WAY OF 7TH STREET AND TO POINT "A": THENCE N88'40'07"E ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.71 FEET TO THE WESTERLY SIDE OF A 100' RAILROAD RIGHT—OF—WAY BEING ESTABLISHED 50' FROM THE EXISTING CENTERLINE OF THE MAIN TRACK; THENCE S13'41'06"E ALONG SAID WESTERLY RAILROAD RIGHT—OF—WAY, A DISTANCE OF 343.91 FEET TO SAID SOUTH RIGHT—OF—WAY OF VACATED 6TH STREET; THENCE S88'35'07"W ALONG SAID SOUTH RIGHT—OF—WAY, A DISTANCE OF 30.70 FEET TO THE POINT OF BEGINNING; WHENCE SAID LEAD AND TACK SET IN CONCRETE IN A PUEBLO CITY RANGE BOX FOUND AT SAID 4TH STREET AND ALBANY AVENUE BEARS 547'37'30"W A DISTANCE OF 1024.79 FEET; SAID PARCEL CONTAINS 10,318 SQUARE FEET OR 0.237 ACRES, MORE OR LESS. PARCEL "B BEGINNING AT A POINT ON THE NORTH RIGHT—OF—WAY OF SAID 7TH STREET, SAID POINT BEARS N13'41'06"W A DISTANCE OF 81.90 FEET FROM SAID POINT "A"; THENCE N13'41'06"W A DISTANCE OF 121.99 FEET TO THE SOUTHERLY SIDE OF A 16' ALLEY AND TO POINT "B THENCE N88'40'07"E ALONG SAID SOUTHERLY SIDE, A DISTANCE OF 30.71 FEET TO SAID WESTERLY SIDE OF A 100' RAILROAD RIGHT—OF—WAY BEING ESTABLISHED 50' FROM THE EXISTING CENTERLINE OF THE MAIN TRACK; THENCE S13'41'06"E ALONG SAID WESTERLY RAILROAD RIGHT—OF—WAY, A DISTANCE OF 121.99 FEET TO SAID NORTH RIGHT—OF—WAY OF 7TH STREET; THENCE S88'40'07"W ALONG SAID NORTH RIGHT—OF—WAY, A DISTANCE OF 30.71 FEET TO THE POINT OF BEGINNING; WHENCE SAID LEAD AND TACK SET IN CONCRETE IN A PUEBLO CITY RANGE BOX FOUND AT SAID 4TH STREET AND ALBANY AVENUE BEARS S30'43'14"W A DISTANCE OF 1284.74 FEET; SAID PARCEL CONTAINS 3,660 SQUARE FEET OR 0.084 ACRES, MORE OR LESS. PARCEL "C BEGINNING AT A POINT ON THE NORTHERLY SIDE OF SAID 16' ALLEY, SAID POINT BEARS N13'41'06"W A DISTANCE OF 16.38 FEET FROM SAID POINT "B"; THENCE N13'41'06"W A DISTANCE OF 121.99 FEET TO THE SOUTHERLY RIGHT—OF—WAY OF 8TH STREET; THENCE N88'40'07"E ALONG SAID SOUTHERLY RIGHT—OF—WAY, A DISTANCE OF 30.71 FEET TO SAID WESTERLY SIDE OF A 100' RAILROAD RIGHT—OF—WAY BEING ESTABLISHED 50' FROM THE EXISTING CENTERLINE OF THE MAIN TRACK; THENCE S13'41'06"E ALONG SAID WESTERLY RAILROAD RIGHT—OF—WAY, A DISTANCE OF 121.99 FEET TO SAID NORTHERLY SIDE OF A 16' ALLEY; THENCE S88'40'07"W ALONG SAID NORTHERLY SIDE, A DISTANCE OF 30.71 FEET TO THE POINT OF BEGINNING; WHENCE SAID LEAD AND TACK SET IN CONCRETE IN A PUEBLO CITY RANGE BOX FOUND AT SAID 4TH STREET AND ALBANY AVENUE BEARS S26'43'03"W A DISTANCE OF 1386.98 FEET; SAID PARCEL CONTAINS 3,660 SQUARE FEET OR 0.084 ACRES, 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 ACCURATE TO THE BEST OF MY KNOWLEDGE, FOR AND L/YL4—) --------0 f1311 _16_ 158 DATE SURVEY & MAPPING, INC. V" �' C.J. FILE: R1 1998.dw9UTILITY CHKD. 8Y: SHEET: 2 OF 2Plmlm� 737 DATE. 09/13/15 W/D �,VEMENT SCALE: 1" 16