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Home My WebLink About14037 RESOLUTION NO. 14037 A RESOLUTION GRANTING AN EASEMENT AND RIGHT OF WAY TO BLACK HILLS/COLORAD ELECTRIC UTILITY COMPANY, LP, DBA BLACK HILLS ENERGY, A DELAWARE LIMITED PARTNERSHIP, FOR THE PURPOSE OF INSTALLATION, MAINTENANCE AND OPERATION OF ELECTRICAL UTILITY LINES WHEREAS,has granted an easement and right of Pueblo, a Municipal Corporation way for the installation, maintenance & operation of electric utility lines to Black Hills ; and Energy WHEREAS, such easement is necessary for the upgrading of electric utility lines in this area of the city; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way granted, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved and accepted. SECTION 2. The City reserves the right to use and occupy the Easement and Right of Way for any purpose not inconsistent with the Easement and Right of Way accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Easement and Right of Way accepted herein. SECTION 4. The City Clerk is directed to cause said Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Easement and Right of Way are to be paid for by Black Hills. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the agreement to effectuate the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: August 27, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 27, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Jeff Bailey, Acting Public Works Director SUBJECT: A RESOLUTION GRANTING AN EASEMENT AND RIGHT OF WAY TO BLACK HILLS/COLORAD ELECTRIC UTILITY COMPANY, LP, DBA BLACK HILLS ENERGY, A DELAWARE LIMITED PARTNERSHIP, FOR THE PURPOSE OF INSTALLATION, MAINTENANCE AND OPERATION OF ELECTRICAL UTILITY LINES SUMMARY: This Resolution grants an easement and right of way on a portion of Parcel “D”, West Lee Hills, Filing No. 1 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, for the purpose of upgrading electrical utility lines. PREVIOUS COUNCIL ACTION : None. BACKGROUND : Black Hills is in the process of providing better electrical service to this area of the city and needs this portion of easement to complete the upgrade. FINANCIAL IMPLICATIONS : There is no cost associated with the granting of the easement and right of way. BOARD/COMMISSION RECOMMENDATION : Not applicable. STAKEHOLDER PROCESS : None. ALTERNATIVES : No alternatives. RECOMMENDATION : Approval of the Resolution. Attachments :  Easement and Right of Way agreement  Exhibit re: Resolution 14037 2117300 09/17/2018 02:28:47 PM Page: 1 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co 1111 ridnf VJ IIIIIMP1:11$51 Lii4'1M111 11(11'1i11116111'Ih'riAIIj, •I 111 EASEMENT AND RIGHT OF WAY THIS EASEMENT granted this 27th day of August 2018, by PUEBLO, a Municipal Corporation, GRANTOR, to Black Hills/Colorado Electric Utility Company, LP, dba Black Hills Energy, a Delaware Limited partnership, with offices at 105 South Victoria Avenue, Pueblo, Colorado 81003, GRANTEE: WITNESSETH: 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, subject to the covenants and conditions set forth herein, , a non- exclusive ten (10) foot easement and right of way for the installation, maintenance and operation of electrical utility lines (the "Facilities") on the property which the Grantor owns situated in Pueblo County, Colorado, and described as follows: The Easternmost ten feet(10')of Parcel D, West Lee Hills Filing Number 1 in Section 9, Township 21 South, Range 65 West, Sixth Principal Meridian, Pueblo County, Colorado, containing 1250.4 square feet, more or less. (the "Property"). TOGETHER WITH the right of ingress and egress over and across the adjoining lands of the Grantor to and from the Property for the purpose of constructing and installing the Facilities. After the Facilities are installed, Grantee's only access to the Property will be by way of Sudbery Drive. Grantee will restore the Property and Grantor's other property damaged during Grantee's construction and installation to as near original condition as reasonably possible. The Grantor reserves the right to use and occupy the Property and air rights over the Property for any purpose which does not unreasonably interfere with the rights herein granted. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns until Facilities are installed and constructed, and so long thereafter as same are maintained thereon; subject and subordinate to: all easements, restrictions and reservations of record affecting the Property, and to the covenants and conditions set forth in this instrument. PROVIDED, HOWEVER, that the use and enjoyment of said easement by Grantee is expressly made subject to and conditioned upon the following covenants and conditions being observed by Grantee: (a) Grantee covenants and agrees that the Facilities will be constructed, installed, maintained and operated in compliance with all applicable federal, state and local laws and regulations. (b) Grantee's use and occupancy of the easement and Facilities shall be subject to all terms and conditions of the franchise granted by Grantor to Grantee or under which Grantee conducts its electrical utility within the City of Pueblo and the terms and conditions of such franchise shall apply to the use and occupancy of said easement and Facilities to the same extent and effect as if easement were a public street. (c) Grantee agrees to indemnify and hold harmless Grantor, its officers, employees and agents from all claims for damage to property, injury or death which arise from the installation, construction, use, operation or maintenance of the easement and 2117300 09/17/2018 02:28:47 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co 11222 MM1'IIIVI i'LN:KW UR'11:411144,Filki, 11111 Facilities by Grantee, including reasonable attorney fees. (d) This easement and the covenants,terms and conditions and provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee. Executed this . 7Zhday of A u ci S u t , 2018. PUEB !, Mun' CI 0•.: . I�"�'" 11 ATTEST: By President of the City Council It! I 9_A LATLL u rLin, City Clerk COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of Al-�,-/'/,c-, -t , 2018 by t1h"5.10phLi A•M/(i'// as President of the City Council and bymita-A'f',/t as�City Clerk of Pueblo, a Municipal Corporation. (f Actin; Witness my hand and official seal. My commission expires: ° �aU v �^ [S E A ] TAMMY A MARTINEZ z 7 ) ►a,\ /t-� NOTARY PUBLICJr-- STATE OF COLORADO Notary Public NOTARY ID 20164023200 MY COMMISSION EXPIRES 07/26/2020 -- ' CEPTANCE The foregoing Easement is accepted by Grantee in accordance with its terms. GRANTEE: Black Hills/Colorado Electric Utility Company L.P. d/b/a Black Hil ATTEST: Ene y, n By i �..� Na e: VcA,-,oi CrcckLr Secretary Title: v P • qe \-t. i COUNTY OF puc,bic ) ) ss STATE OF G,,'ic ;Ncdc ) The foregoing Acceptance was acknowledged before me this '5o th day of Ma 9 , 2018 , w by Vc nc.c A Crock r ,as VP - opt t.r titIcyrss of Black Hills/Colorado Electric Utility Company L.P. d/b/a Black Hills and by , its Secretary. My commission expires: g 1 ),g I i 8 . [ SEAL ] - CLIA,s4.Thyil: LC-Vk.cc;,mi., 6 Arklo Notary Public CATNERNIE LORRAINE GUTIERREZ NOTARY PUBLIC EWE OP COLORADO wcoir IOSIOARY�IMIMMA000atOM 2117300 09/17/2018 02:28:47 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co ■III ki rrliiivP r<«inv:Lch livA li'lr111 N,K,N¶'IIYil lI II 1 After recording,please return to: Beau Cochran C2 Consulting,Agent for Black Hills 799 Dahlia St.,Unit 7A, Denver,Colorado 80220-5199 EXHIBIT "A" 2 1 38 37 36 35 34 33 1 1Y t n 2 >- 4 rY3 5 LLJ PARCEL E m CD 1 UJ --V 2 D 6 w W 7 0 --11H -�- 10' 8 C ) PARCEL D /1 7 9 / 1 BLACK HILLS 10' ELECTRICAL EASEMENT 2117300 09/17/2018 02:28:47 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 11111 PAW I 0'AMA 1 i 411r l'itiniki NI rI WlI Ii! 11111 6 IrArl i 2 ' tigR 1 C ID W/C T K e<:::F, 8 SCALE:1"=100' g 10 /I 11