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
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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*
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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
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PARCEL "B"
AREA=3,660 S.F.#
-L8`' OR 0.084 ACRES*
r
PARCEL "A"� /
MA.iN T ' CK
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Cr
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In
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2
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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 >
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Q
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CK
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VACATED
5TH STREET
-
S-TH STREET
(80_R.O.W.)
2
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/
��JWCREIt
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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