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HomeMy WebLinkAbout6442RESOLUTION NO. 6442 A RESOLUTION GRANTING A NON - EXLUSIVE UTILITY EASEMENT TO PUBLIC SERVICE COMPANY OF COLORADO UPON LANDS AT PUEBLO MEMORIAL AIRPORT INDUS- TRIAL PARK BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The City of Pueblo does hereby grant to Public Service Company of COlorado a non - exclusive utility easement upon and across lands at Pueblo Memorial Airport as described, and subject to, the conditions set forth in the Utility Easement Agreement attached hereto as Exhibit "A ". SECTION 2 The City of Pueblo reserves the right to construct, repair, modify, alter, change, relocate and redesignate public roads, pipes, signal lines, sewers, drainage channels and structures, and public utilities within, upon or across the lands upon which the easement is granted, and to dedicate said lands to public use for utilities, drainage, right of way or other public purpose. SECTION 3 The President of the City Council is authorized and directed to execute the Utility Easement Agreement for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: September 25 , 1989 B SAMUEL CORSENTINO Councilman ATTEST: Wfy Clerk APPROVED: Pre ident of the City Council TF 33.17 -2- UTILITY EASEMENT AGREEMENT THIS AGREEMENT is made and entered this 2544 day of �WCr 1989 by and between the City of Pueblo, a� Municipal Corporation (hereinafter "Pueblo ") and Public Service Company of Colorado (hereinafter "PSC"). FOR AND IN CONSIDERATION of the mutual covenants and conditions set forth herein, Pueblo does hereby grant, sell and convey unto PSC, its successors and assigns, an easement to construct, install, operate, maintain, repair and replace pipelines (including fittings, tie- overs, and all appliances, fixtures and devices appurtenant thereto) for the transportation, distribution and delivery of gaseous fuels (natural, artificial, synthetic, liquified natural, liquified Petroleum, manufactured, or any mixture thereof), through, over, under and across lands of Pueblo situated in the County of Pueblo, State of Colorado, described as follows: A ten foot wide parcel of land in the East 1/2 of the Southeast 1/4 of Section 26, Township 20 South, Range 64 West of the 6th Principal Meridian. The centerline of which is described as beginning at a point along the south boundary line of Parcel "A" of Subdivision Exemption Plat NO. 87 -4, as recorded in Book 2357, Page 979, said point being located 30 feet east of the southwest corner of said Parcel "A ", thence S. 01 57' 57" E. a distance of 186 feet to point of terminus. PSC shall locate its pipelines and appurtenances thereto at such depth below the ground surface or elevation as shall be prescribed by Pueblo's Director of Public Works and in accordance with PSC standards. Upon completion of the initial construction of any pipelines and appurtenances, and of any replacement or reconstruction thereof, PSC shall file as- built, foreman's sketch of same with the Director of Public Works. The easement granted herein is non - exclusive and the City reserves the right to grant other utility uses upon the lands by way of franchise, revocable permit or otherwise, or in its sole discretion, to dedicate said lands to public use for utilities, drainage, right of way or other public purpose. If at any time it shall be necessary of PSC to relocate any pipeline or appurtenance located upon said lands to permit the City to make any public improvement or build any public project, including but not limited to the installation, realignment, widening or regrading of any roadway or the installation or replacement of any water or storm or sanitary sewer lines, such relocation shall be made by PSC, at its own expense, within 60 days, after request by the City. Such relocation shall be accomplished by PSC after consultation with and approval of the City manager and shall be accomplished in such manner as to be consistent with PSC standards and the use of said lands for the public purpose or purposes then being served. PSC consents to annexation of said lands to the City of Pueblo and upon said annexation, PSC's use of the easement granted herein shall be fully subject to all terms and conditions set forth in Ordinance NO. 4188 of the City of Pueblo, granting a franchise to PSC. PSC shall have the right to enter upon the lands of Pueblo to the extent necessary to survey, construct, maintain, operate, repair, replace, control and use said pipelines and related fixtures and devices, and to remove objects interfering therewith, including the trimming of trees and bushes, and to use so much of the adjoining premises of Pueblo 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 work of installing and maintaining such pipelines and related fixtures and devices shall be done by PSC with care and the surface along the easement shall be restored substantially to its original level and condition. Executed this 2 5 44 day of S� �� , 1989. -• . TO FORM Err -A=: or A - < PUEBLO, A M d ICIPAL CORPORATION Pr sident o the City Council r PUBLIC B P Y OF COLORADO i Title: Vice Presi APPROVED COUNTY OF PUEBLO ) FOR E ECU -4 *N ss. K,Su0 STATE OF COLORADO ) B Y="_ f / The foregoing instrument was acknowledged before me this /S day of �� _, 1989 by and My commission expires: //- 12- y3 (SEAL) COUNTY OF DENVER ) )ss. STATE OF COLORADO ) Notary Public The foregoing instrument was acknowledged before me this 30th day of October , 1989 by R. J. Vidick and -2- CC ( 1 My commission expires: (SEAL) Notar¢ Public Public Service Co. of Colo. 550 15th St. Rm. 540 Denver, Colo. 80202 TF 33.18 -3-