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HomeMy WebLinkAbout6330RESOLUTION NO. 6330 A RESOLUTION GRANTING EASEMENTS TO THE CENTEL CORP. ACROSS CERTAIN CITY OWNED LAND LOCATED ON THE WEST SIDE OF FOUNTAIN CREEK BETWEEN EAST 7TH AND EAST 8TH STREETS WHEREAS, the U.S. Army Corps of Engineers has requested that the Centel Corp. relocate a portion of their three -phase power line for clear- ance of the Fountain Creek Flood Control Levee; and WHEREAS, it is necessary for easements to be granted to the Centel Corp. along the new alignments for the purpose of construction, operation, and maintenance of the new three -phase power line; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: The Easement Agreement dated February 13, 1989, the original of which is on file in the office of the City Clerk and is made a part hereof by refer- ence, by and between Pueblo, a Municipal Corporation, and the Centel Corp., is hereby approved. INTRODUCED February 13 ,1989 By DOUGLAS L. RING Councilman APPROVED: President of the Council ATTEST: J City Clerk W0 . 88,5215 RECORM' PUEBLO COUNTY, COLOPV,00 0 a PQ w P4 Z 3 O O Z rA O O E.. A 0 a PQ w w P4 rx w 3 O a O A 0 .a O U w x E~ a O w H w 0 a4 i P4 Z 0 H H w H P4 H Cn H Q x M Z O Z w H X w x 0 w z w O w Z MAR 2 1 1989 EASEMENT CITY OF PUEBLO DEPARTMENT Correct: OF PUBLIC WORKS 211 EAST "D" STREET Landowner JAMES L. MARTIN PUEBLO, COLORADO 81003 R. O. W. Agent A ddress m24:19 PmFS8 7 Document No. IN CONSIDERATION of the sum of $1.00 and other valuable consideration, the undersigned landowner(s) hereby grant(s) unto CENTEL CORPORATION, its successors and assigns, the right, privilege and authority to construct, oper- ate, maintain and remove its electric transmission, distribution and service lines, whether said lines now or may here- after serve the property described herein or other property, with all poles, crossarms, cables, wires, guys, supports and devices, used or useful in the operation of said line, over, under, across and upon the following described tract of land now owned by the undersigned, or in which the undersigned may have an interest, located in the County of PUEBLO , State of Colorado, to wit: 2 -15' STRIPS OF LAND LOCATED IN SECTION 30, RANGE 64 WEST, TOWNSHIP 20 SOUTH, BEING MORE PARTICULARLY DESCRIBED AS BLOCK 1 IN THE FOUNTAIN ADDITION TO THE CITY OF PUEBLO, ACCORDING TO THE RECORDED PLAT FILED FOR RECORD JANUARY 12, 1882: EASEMENT #1 — A STRIP OF LAND BEING 15.00' WIDE MEASURED 7.50' EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, BEGINNING AT A POINT BEING THE NORTHWEST CORNER OF THE VACATED ALLEY IN SAID BLOCK 1 ACCORDING TO THE STREET AND ALLEY VACATION PLAT RECORDED IN BOOK 2397, PAGE 493; THENCE EAST ALONG THE NORTH LINE OF SAID VACATED ALLEY TO THE NORTHEAST CORNER OF SAID VACATED ALLEY, SAID POINT BEING THE POINT OF TERMINUS. EASEMENT #2 — A STRIP OF LAND 15.00' WIDE MEASURED 7.50' EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCING AT THE NORTHEAST CORNER OF VACATED 7TH STREET ACCORDING TO THE STREET AND ALLEY VACATION PLAT RECORDED IN BOOK 2397, PAGE 493; THENCE WEST ALONG NORTH LINE OF SAID VACATED 7TH STREET A DISTANCE OF 17.50' TO THE POINT OF BEGINNING FOR CENTERLINE OF THIS EASEMENT; THENCE NORTHWESTERLY TO A POINT ON THE WEST LINE OF LOT 3 IN SAID BLOCK 1 SAID POINT BEING 56.00' NORTH OF SOUTHWEST CORNER OF SAID LOT 3, SAID POINT ALSO BEING THE POINT OF TERMINUS. Together with the right to enter upon said premises, survey, construct, reconstruct, maintain, operate, remove, con- trol and use said lines and to remove objects interfering therewith, and the right to permit the attachment of telephone line or lines to said poles, and to permit the attachment of the wires of any other company to said poles, and grantor further grants to grantee, the right and authority to trim or cut down any trees which may interfere with the construc- tion, maintenance and operation of said lines, and the right to remove obstacles or fill ditches, excavations or depres- sions in the ground, where necessary, to make motor vehicle travel practical upon the easement. Grantor hereby covenants with the grantee that it is lawfully seized and possessed of the real estate above described and that it has good and lawful right to convey it or any part thereof, and that said property is free and clear of all liens and encumbrances whatever. Grantee's exercise of easement rights hereunder shall not modify, interfere with or compromise integrity or effectiveness of levees, flood walls or other flood control facilities presently under construction, or hereafter erected on premises. The grantor(s) reserve(s) the right to cultivate, use and occupy said premises for any purpose consistent with the rights and privileges above granted and which will not interfere with or endanger any of the grantee's facilities therein or use thereof. In the event grantor constructs or erects any buildings, structures or signs or wells on said rights -of -way, such con- struction shall be limited to those which will not interfere with or endanger any of the grantee's facilities therein or the use thereof, nor endanger the public, and shall further be limited to such types of construction, distances and tolerances as meet the safety requirements of the National Electrical Safety Code as it shall be in effect at the time of such con- struction. The work of installing said lines shall be done with care, and all damage to the premises caused thereby shall be re- paired at the expense of the grantee. Nonuse or a limited use of this easement shall not prevent grantee from thereafter making use of this easement to the full extent herein authorized, e that the failure of grantee hereunder to energize a line or lines on said easement during a continuous period of FIV year(s), shall upon the written request of the grantor terminate this ease- ment. However, should such failure to energize arise by reason of storm, flood or other Act of God, by fire, war, rebel- lion, insurrection, sabotage, riot, strike or civil disobedience, then for such time as said failure to energize shall have been caused by any of such instances of force majeure, CENTEL CORPORATION shall be excused from so energizing said line for purposes of this paragraph. Grantee agrees to move the line or lines located on the easement granted above within one hundred eighty (180) days after request to do so by grantor, xlk box kaamR*T>W rxwA>fxPtkW provided that grantor furnishes an easement of equal width and upon equal terms and conditions without charge to grantee as a condition precedent to such removal for the relocation of said lines. Signed this 13TH day of FEBRUARY �' ' 19 89 WITNESSES: J • � �f'jraB.tD, A f►uA��r� ��f�''.'C���:Fr17te," �j,� • / " ft r (SEAL) ejfjl �i► of 7� =' ndowner [ °rry C`aa Nr►� • �'` (SEAL) Landowner " (SEAL) Landowner (SEAL) .....o.. Landowner