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HomeMy WebLinkAbout6210't6,874862 RECORDED OCT 2 $ 198$ 9 $oaK241.8 Ar,Ef86 . FU68LO COUNTY, COLORADO RESOLUTION NO. 6210 A RESOLUTION APPROVING AN EASEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND CENTEL CORPORATION AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The Easement dated June 13, 1988 between Pueblo, a Municipal Corporation and Centel Corporation for a substation at the Pueblo Memorial Airport, a copy of which is attached hereto and incorpor- ated herein, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized and directed to execute said easement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. CPrTrnM I_ All net proceeds derived from this Easement will be used for the operation, maintenance and improvement of Pueblo Memorial Airport. INTRODUCED: June 13, 1988 By MIKE SALARDINO Councilman ATTEST: APPROVED: Cr? A 1 94 Clerk Pre ident of the City Council eoox2418 Faf,F187 PUEBLO MEMORIAL AIRPORT EASEMENT This Easement made this 13th day of June, 1988 by and between Pueblo, a Municipal Corporation, existing under the laws of the State of Colorado ( "City ") and Centel Corporation ( "Centel "), Witnesseth: In consideration of the sum of One Dollar and other good and valuable considerations to the City in hand paid by Centel, the receipt whereof is hereby acknowledged, the City hereby grants to Centel, its successors and assigns, subject to the conditions, reservations and limitations contained herein, the exclusive right, privilege and easement to construct, reconstruct, maintain, control, use, repair, replace, operate and remove a substation and all appurtenant facilities, power lines, fixtures and equipment necessary or incidental to the operation of said substation over, under, across and upon the following tract of land located in the County of Pueblo, State of Colorado, to -wit: A parcel of land being a portion of the S -1/2 of the SW -1/4 of Section 30, Township 20 South, Range 63 West of the 6th Principal Meridian, being more particularly described as follows: BEGINNING at a point from which the W -1/4 corner of the said Section 30 bears N 40 °20 W (Bearings based on the west line of the NW -1/4 of said Section 30 to bear N 00 °03 W, with all bearings contained herein being relative thereto), a distance of 1948.76 feet; thence N 88 °25'20" E, a distance of 300.00 feet; thence S O1 °34'40" E, a distance of 190.00 feet; thence S 88 °25'20" W, a distance of 300.00 feet; thence N O1 °34 W, a distance of 190.00 feet to the POINT OF BEGIN- NING, containing 1.31 acres. City covenants with Centel that it is lawfully seized and possessed of the land herein described free of all liens and encumbrances whatsoever and that it has good and lawful right to enter into this Easement agreement for the purpose herein con- tained, all to be held and enjoyed by Centel, its successors and assigns, subject however to the following conditions, reservations and limitations: 1. There is hereby reserved to City, its successors and assigns for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the land herein described, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known or hereafter used for navigation of, or flight in said airspace and for use of said airspace for landing on, taking off from, or operating on the Pueblo Memorial Airport. 2. Centel expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural 8=2418 FsrA88 growth and other obstructions on the land herein described to a height of not more than 4715 feet above mean sea level. 3. Centel expressly agrees for itself, its successors and assigns to prevent any use of the land herein described which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. City reserves the right to enter upon the land herein described, and to remove the offending structure or object, and to cut the offending growth, all at the expense of Centel, in the event the aforesaid covenant is breached. 4. This Easement and all provisions hereof are subject to all rights the United States Government now has or in the future may have or acquire affecting the control, operation, regulation, re -entry upon or taking control of the Pueblo Memorial Airport, including the herein described land. 5. Centel agrees to indemnify, defend and save harmless the City, its agents, officers, and employees, from and against any and all actions, claims, penalties, liability or loss, including cost and reasonable attorney fee, arising directly or indirectly out of the negligent acts or omissions of Centel, its agents or employees or through any injury or casualty occurring on the herein described land. 6. Centel shall at its expense and within 18 months from the date hereof relocate its substation from the land described in the easement recorded February 7, 1977 in Book 1875, Page 619 of the Pueblo County records ( "prior easement ") onto the land herein described and upon completion of such relocation Centel shall (i) execute and record an instrument cancelling the prior easement, (ii) remove all improvements placed thereon by Centel, and restore the land described in the prior easement to its original condi- tion, and (iii) surrender and deliver possession of the land described in the prior easement to the City. 7. Centel shall continuously fence the substation in compliance with applicable laws and regulations. Nonuse or limited use of this Easement shall not prevent Centel from thereafter making use of this Easement to the full extent herein authorized, except that if Centel shall fail to energize, use or operate said substation for a continuous period of one year after its relocation onto the land herein described, or default in the performance of any covenant on its part to be performed hereunder, this Easement shall terminate at the option of the City upon giving written notice to Centel and failure of Centel to rectify such default within ninety days after receipt of such notice. However, should the failure to energize, use or operate said substation arise by reason of storm, flood or other Act of God, by fire, rebellion, insurrection, sabotage, riot, strike or civil disobedience, then for such time as said failure to energize, use or operate the substation shall have been caused by any of such instances of force majeure, Centel shall be excused from energizing, using and operating the substation for the -2- a n 2418 pAg I SJ purposes of this paragraph. All structures placed upon the land herein described shall, regardless of the character thereof, remain the personal property of Centel and shall be removed within ninety days after the termination of this Easement, and Centel shall restore the land described herein to its original condition. This Easement shall inure to the benefit of and be binding upon the successors and assigns of the respective parties hereto. In Witness Whereof, the parties hereto have caused these presents to be executed the date and year first above written. ATTEST: //, 'ATTF AT : oil r .• j 0 .'OF PUEBLO ) ss. OF COLORADO ) PUEBLO, A MUNICIPAL CORPORATION By Preside t of fh9 Council CENTEL CORPORATION By � . z A �� - U c e e%, Ps < d. ek. The foregoing instrument was acknowledged before me this day of June, 1988 by Kenneth Hunter as President of the City Council and Marian D. Mead as City Clerk of the City of Pueblo, a Municipal Corporation of the State of Colorado. Witness my hand and official seal. My'cpmmission expires: �s �� fl B LO STATE OF COLORADO ss. Notary Public The foregoing instrument was acknowledged before me this day of June, 1988 by Kenneth A. Grobe, Vice President and 0 . L. Kinder, Asst. Secretary of Centel, a Kansas Corporation. Witness my hand and official seal. My commission expires: 9 -13 -90 AUa``c Nofary 'Public -3- Wa 2418 Fw190 I, Marian D. Mead, City Clerk of the City of Pueblo, Colorado, do hereby certify that the attached is a true and correct copy of Resolu- tion No. 6210, adopted by the Council of Pueblo on June 13, 1988; and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 18th day of October, 1988. City Clerk (S E A L)f� • r