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
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or
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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-