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
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►�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