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Home My WebLink About14547RESOLUTION NO. 14547 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF A FIBER UTILITY EASEMENT FROM WL ENTERPRISES, LTD., A NEW MEXICO LIMITED PARTNERSHIP WHEREAS, the owners of real property, Lots 2 & 3, Outlook Ridge Subdivision, Filing No. 1, have granted an Easement for Public Utilities, including but not limited to fiber utilities; and, WHEREAS, such easement is necessary for the extension of the City’s fiber utilities to Fire Station #2. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way dated November 16, 2020, a copy which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. 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 authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED January 25, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: January 25, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Steven Meier, Acting Director of Public Works SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FOR THE PURPOSE OF A FIBER UTILITY EASEMENT FROM WL ENTERPRISES, LTD., A NEW MEXICO LIMITED PARTNERSHIP SUMMARY: Attached is a Resolution accepting an easement for public utilities from WL Enterprises, LTD., a New Mexico Limited Partnership. PREVIOUS COUNCIL ACTION: Not applicable to this Resolution. BACKGROUND: Fire Station #2, located on Eagleridge Boulevard, is currently on a slow, expensive T-1 connection leased from Centurylink. This T-1 connects the Fire Station to the City’s network. All data and voice services are delivered to the station across this circuit. The bandwidth used by Fire to conduct their daily business is saturating this connection causing slow connection speeds. In order to replace this T-1 and bring high-speed connectivity to the station, the Information Technology (“IT”) Department needs to extend the City’s fiber network. On October 26, 2020, City Council passed an Intergovernmental Agreement with CDOT providing the City six (6) strands of fiber to complete the City’s connection to the station. The fiber will be installed from Fire Station #2 to Wills Boulevard aerially, except for approximately one hundred and fifty feet (150 ft.) which needs to be underground. To transverse from the aerial run to an underground connection, the City must install underground conduit to the CDOT manhole across private property owned by WL Enterprises, Ltd. WL Enterprises, Ltd. has agreed to provide the City a ten-foot (10 ft.) fiber utility easement for this purpose. FINANCIAL IMPLICATIONS: Not applicable to this Resolution. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: Denying the Resolution will prevent the proposed extension of the City’s fiber utilities to Fire Station #2. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution Easement and Right of Way re:: Resolution 14547 Reception 2210713 01/29/2021 02:17:56 PM EASEMENT AND RIGHT OF'WAY r THIS EASEMENT,granted this /641' day of / J aJ evALA' — ,2020, by WL Enterprises, Ltd., a New Mexico Limited Partnership, Grantor,to PUEBLO,a Municipal Corporation,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, an easement and right of way for the purpose of a Ten Foot(10') Fiber Utility Easement, in,through,over,under and across Grantor's property situated in Pueblo County, Colorado,described as follows: (the"Property") See attached Exhibits "A"and "B" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control,and repair, and the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor(a)has good and sufficient right and title in and to the Property and full power to grant this easement and right-of-way. "Grantee"shall include the plural and the feminine. This Easement And Right Of Way shall be binding upon,and shall inure to the benefit of the heirs,personal representatives, successors,and assigns of the Grantor and Grantee. AA'' SIGNED this (6 day of /VoJ 2e)Zc) 1-4 GRANTOR W L N By: ,L _ a ' . s ,,, s -bee_ -.0 t-s G1'Bre - "" ` COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this !4 day cqL ✓6 2.-0 Za , , by—Der aet.s G)e►n.r "r KATHRYN E YOUNGERS Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO My commission expires: OalCt,c aca3 NOTARY ID 20114066461 MY COMMISSION EXPIRES FEBRUARY 6,2023 (SEAL) VOI.Gi\Op Notary Public EXHIBIT"A" Commencing at the centerline monument of Wills Boulevard and Elizabeth Street as platted in Pueblo Crossing Filing No. 1 subdivision, recorded December 18, 2003 at reception #1542506 in the office of the Pueblo County Clerk and Recorder, State of Colorado;thence southwesterly along the platted centerline of Wills Boulevard S 51°42'52" W a distance of 165.88'; thence southwesterly along the centerline of Wills Boulevard, along a curve to the right having a radius of 420.00' and a distance of 235.32'; thence southwesterly along the centerline of Wills Boulevard S 83°48'57" W a distance of 353.15'; thence departing said centerline S 71°03'12" W a distance of 116.52' more or less to a point on the south right-of- way line of Wills Boulevard and the Point of Beginning; thence departing the south right-of-way line of Wills Boulevard S 14° 36' 38" W a distance of 145.61' more or less to a point on the northerly line of a 120' power easement recorded in Book 1300,Page 223 and Book 1537,Page 757 in the office of the Pueblo County Clerk and Recorder; thence southwesterly along the north line of said 120' power easement S 51° 02'54" W a distance of 16.84'; thence N 14°36'38" E a distance of 158.13' more or less to a point on the south right-of-way line of Wills Boulevard; thence easterly along a curve to the left having a radius of 460.00'and a distance of 10.05' to the Point of Beginning. 2210713 01/29/2021 02:17:56 PM 3. 0 GPage: 2of ilbertOrtz3Clerk/Ro Clerk/Recorder, P0 D ueblo eblo2Cou0nty Co •III kirAillTilullle1111111:1AMIATilarIWliklii: la II II • EXHIBIT "B" 2210713 01/29/2021 02:17:56 PM 23.00 Co Pal ert33 Or�tfiz3C1erk/Re23.corder, P0 D eblo County 1111111)c tiVild'Arl IIiiMMIII4,0Y44, III IIIil i \ P.O.C. LORUNG NO1 PUEBLO CROSSING . 4P \, Rs420.00' .��yj \\ M32•06 05 k�,. L-235.32' '`% i R-460.0O' 6=0115'08" �, L•510.05' 5+83.48'57"W 35315, — _ ` 3^t¢� WILLS BOULEVARD ENi52 V& ENTERPRISES, LID 014 IC3 P.O.B. PARCEL 05-122-00" _ -- —- i' WL ENTERPRISES. Ll� .. .... .... —— �D PARCEL 05-122-00- ! _... —--.--—_.._ l amp --- _. BOOK 1300, PAGE 22 .x`/ BOOK 1537, PAGE 757�I(✓'�__ / $51'02'54"W . . ........ / .0 � 16.84' / t�A / / l. LOT 3 / LOT 2 OUTLOOK RIDGE SUED VISION, FlUNG NO. 2 N SCALE:1"-150'