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HomeMy WebLinkAbout6511RESOLUTION NO. 6511 A RESOLUTION APPROVING AN EASEMENT FROM PUEBLO, A MUNICIPAL CORPORATION TO AMERICAN TELEPHONE AND TELEGRAPH COMPANY FOR INSTALLATION OF A FIBER OPTICS CABLE AT PUEBLO MEMORIAL AIRPORT. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement dated February 12, 1990 between Pueblo, a Municipal Corporation and American Telephone and Telegraph Company, a copy of which is attached hereto as exhibit "A ", having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Easement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED February 26, 1990 By Howard Whitlock Councilperson ATTEST: APPROVE Ci y Clerk d2 Pre ent of the Council c(13 C--:q ol 9 /v . MAY 11 192 r ►�rv. 9`7369WOR°ED ±ioo� 2592 P %!_ 400 w,m-o C°UNV. ccxo EASEMENT THE EASEMENT, granted this 8th da (nu rr o tunc 2- 26 -90) y of y ' ,hby PUEBLO, a Municipal Corporation, GRANTOR, to AMERICAN TELEPHONE AND TELEGRAPH COMPANY, a New York Corporation, GRANTEE: WITNESSETH: 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 ac -' knowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a five (5) foot wide easement and right of way to install, construct, operate, maintain, replace and remove a fiber optic cable and related appurtenances under and across the property which the GRANTOR owns or in which GRANTOR has any interest situated in Pueblo County, Colorado, and described in the at- tached Exhibit "A" (the "Property "). TOGETHER WITH the right of ingress and egress over and across the ad- joining lands of the GRANTOR to and from the Property for the purpose of exercising its rights herein granted; to place surface markers outside said strip; to clear and keep cleared all roots, brush and other obstructions from the surface and subsurface of said strip; and during construction periods to clear and use additional areas as required on each side of said strip. GRANTEE will restore the Property and GRANTOR'S other property damaged by GRANTEE'S construction and maintenance operations to as near original condi- tion as reasonably possible. The GRANTOR reserves the right to use and oc- cupy the Property and to grant or convey the right to use and occupy the Property for any purpose which does not interfere with the rights herein granted. G RANTEE acknowledges and agrees that the fiber optics cable and related appurtenances will be installed at least four (4) feet below the surface of the Property and that GRANTEE shall use the Property for no purpose other than for the placement of a fiber optic communications cable and related ap- purtenances. This Easement shall be binding upon and inure to the benefit of the successors and assigns of the GRANTOR and GRANTEE. In case of abandonment or non -use of this Easement for a period of twelve (12) months or more, all rights, privileges, and interest granted herein shall terminate. ST:'. ;i ty C1 erk PUEBLO, a Municipal Corporation Pres - dent of th City Council Bw2592 401 STATE OF COLORADO, ) ss. COUNTY OF PUEBLO. ) -h The foregoing instrument was acknowledged before me this -1111- of 1d.-41 ,1992, by Fay Kastelic as President of the City Council and b is D. Mead as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. ily commission expires: • SAC < , OF r IV STATE OF eo& COUNTY OF ,,,,, u _ ss. GRANTEE: AMERICAN TELEPHONE AND TELEGRAPH COMPANY By Supervisor o Cable Engineering & Right-of-Way The foregoing instrument was acknowledged before me this day of //Yl 1992, by v�u:�. I kgr4 ann L tion. of American Telephone and Telegraph Coinpanyl a New York Corpora- Witness my hand and official seal. My commission expires: /-I /F(7 (S E , A , 01 ota y Public 1 , ' EXHIBIT "A" c�oo� 2592 P' ;1= 402 LEGAL DESCRIPTION ( 5 FOOT EASEMENT FOR A.T. & T. CO. BURIED CABLE ROUTE) THIS IS TO CERTIFY THAT WE HAVE MADE A SURVEY AND PREPARED A LEGAL DESCRIPTION OF THE FOLLOWING DESCRIBED 5 FOOT EASEMENT FOR A.T. & T. COMPANY BURIED CABLE ROUTE, THE CENTER "NE OF WHICH LIES 70 FEET, MORE OR LESS, NORTH OF THE CENTER LINE OF UNITED AVENUE A!NCEPT WHERE THE EASEMENT IS IN SAID UNITED AVENUE OR NOTED OTHERWISE; SAID EASEMENT LIES THE NORTH ONE -HALF (NJ) AND THE SOUTHWEST ONE - QUARTER (SW4) OF SECTION 29, AND IN THE ,SOUTHEAST ONE - QUARTER (SE4) OF SECTION 30, ALL IN TOWNSHIP 20 SOUTH, RANGE 63 WEST OF THE -;6TH P.M., CITY OF PUEBLO, COUNTY OF PUEBLO AND STATE OF COLORADO, BEING 2.5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTER LINE: COMMENCING AT THE EAST ONE - QUARTER (E4) CORNER OF SECTION 29 MARKED WITH A BRASS CAP IN CONCRETE, THENCE N 00 02 28" W (A BEARING RELATIVE TO THE SAME BEARING USED BY THE CITY OF PUEBLO AND OTHER SURVEYORS AND TO ALL OTHER BEARINGS HEREIN) ALONG THE EAST LINE OF SAID NORTH ONE -HALF (NJ) OF SECTION 29, A DISTANCE OF 723.35 FEET TO A POINT 70.05 FEET NORTH OF THE CENTER LINE OF SAID UNITED AVENUE, BEING THE POINT OF BEGINNING OF SAID EASEMENT CENTER LINE. THENCE PARALLEL WITH AND 70 FEET, MORE OR LESS, NORTH OF THE CENTER LINE OF SAID UNITED AVENUE ON THE FOLLOWING COURSES; 1) THENCE S 88 24 011' W A DISTANCE OF 2778.15 FEET TO A POINT OF CURVATURE; 2) THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, WHICH HAS A CENTRAL ANGLE OF 22 59' 31", A RADIUS OF 3994 .76 FEET, AND AN ARC LENGTH OF 1603 .04 FEET (THE CHORD OF SAID CURVE BEARS S 76' 54' 16 W) TO THE POINT OF TANGENCY OF SAID CURVE; 3) THENCE S 65 24 30 W A DISTANCE OF 319 .40 FEET TO A POINT OF CURVATURE; 4) THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT, WHICH HAS A CENTRAL ANGLE OF 20 07 16 A RADIUS OF 4879 .60 FEET, AND AN ARC LENGTH OF 1713.62 FEET (THE CHORD OF SAID CURVE BEARS S 55 20 52 W),TO A POINT OF TANGENCY; 5) THENCE S 30 06 13 W A DISTANCE OF 14.01 FEET; 6) THENCE S 7 11 31" E, CROSSING INTO SAID UNITED AVENUE RIGHT -OF -WAY A DISTANCE OF 148.51 FEET, MORE OR LESS, TO INTERSECT AND TERMINATE AT THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID UNITED AVENUE FROM WHENCE THE EAST ONE - QUARTER CORNER OF SAID SECTION 29 BEARS N 80 46' 08" E A DISTANCE OF 6088.61 FEET. CENTER LINE LENGTH OF CABLE IS 1.25 MILES, MORE OR LESS. CERTIFICATION: THE UNDERSIGNED REGISTERED LAND SURVEYOR CERTIFIES WAS SURVEYED UNDER HIS SUPERVISION AND DIRECTION, KNOWLEDGE AND BELIEF. r� 10395 MAC ,,,'I1 �11 r 1 t111 \ \l � ADVANCED SURVEYING, INC. PUEBLO, COLORADO JOPV E . GONZALES, PROFESSI THAT THE FOREGOING DESCRIBED EASEMENT AND IS CORRECT TO THE BEST OF HIS LAND SURVEYOR N0. 10895 DAT