HomeMy WebLinkAbout6823RESOLUTION NO. 6823
A RESOLUTION GRANTING AN EASEMENT TO
CENTEL ELECTRIC - COLORADO ACROSS CITY -
OWNED LAND AT VACATED DAYTON STREET
WHEREAS, it is necessary for an easement to be granted to
Centel Electric - Colorado along a portion of vacated Dayton Street
for the purpose of construction, operation and maintenance of an
electric power line to serve new facilities for Colorado Department
of Transportation; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
The Easement Agreement attached hereto, by and between
Pueblo, a Municipal Corporation, and Centel Electric - Colorado, is
hereby approved.
INTRODUCED September 23 , 1991
By FAY KASTELIC
Councilperson
APPROVED,
z& Oc���
sident of the Council
ATTEST:
4 A 4, ,'/-
City Clerk 7-
Reception #: 1006911 Date: 05/18/1993 Time: 226 Book: 2656 Page: 917 Chris C. Munoz
Inst.: EASE Rec Fee: 15.00 Doc Fee: 0.00 Page: 1 of 3 Pueblo Co.Clk. &Rec.
EASEMENT
THIS
EASEMENT, granted this
23rd day of
September , 19 91,
by PUEBLO,
a Municipal Corporation,
GRANTOR, to
Centel Elecric
t
Colorado,
P. 0. Box 75, Pueblo, CO.
81002
, GRANTEE:
W I T N E S S E T H:
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 acknowledged, GRANTOR hereby grants to GRANTEE,
its successors and assigns, a Ten ( 10 ) foot easement and
right of way to install, construct, operate, maintain, replace and
remove a underground electric circuit and related appurtenances xq any,
)=ems under and across the property which the Grantor owns or in
which the Grantor has any interest situated in Pueblo County,
Colorado, and described in the attached Exhibit "A" (the
"Property ").
TOGETHER WITH the right of ingress and egress over and across
the adjoining lands of the GRANTOR to and from the Property for
the purpose of exercising its rights herein granted. GRANTEE will
restore the Property and GRANTOR'S other property damaged during
GRANTEE'S construction and maintenance operations to as near
original condition as reasonably possible. The GRANTOR reserves
the right to use and occupy the Property and to grant or convey
the right to use and occupy the Property for any purpose which
does not unreasonably interfere with the rights herein granted.
GRANTEE acknowledges and agrees that the underground electric ci rcuit
and related appurtenances will be installed at leastt &oneh ( "32)
feet below the surface of the Property and that in no event will
it locate, erect or cause to be located or erected any building or
any other structure, fixture or facility upon the Property.
GRANTEE will indemnify and save harmless GRANTOR, its
officers and employees, from any and all claims, liabilities and
expenses (including reasonable attorney fees) for damage or injury
to persons or property caused or occurring by reason of the negli-
gent or tortious acts or omissions of GRANTEE, its officers,
agents or employees.
This Easement and the covenants, terms, conditions and
provisions hereof shall be binding upon and inure to the benefit
of. the heirs, personal representatives, successors and assigns of
y the GRANTOR and GRANTEE. In case of abandonment or non -use of
this.Easement for a period of twelve months or more, all rights,
privileges,,and interest granted herein shall terminate.
ATTE`:ST :
a
Ca �er
PUEBLO a Municipal Corporation
By
Pres' ent of the City Council
Book: 2656 Page: 918 Chris C. Munoz
Page: 2 of 3 Pueblo Co.C1k.&Rec.
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 26th
day of September ,1991 by Michael Occhiato
as President of the City Council, and by Marian D. Mead
as City Clerk of Pueblo, a Municipal Corporation.
,.Witness my hand and official seal.
My 'commission expires: May 2, 1995
(S E A L)
Notary Public
J
GRANTEE:
COUNTY OF Pueblo )
) ss.
STATE OF Colorado )
Centel Electric- Colorado
By Richard Lee Compton
Name:
Title.
The foregoing instrument was acknowedged before me this 18th
day of May ,1993 by Richard Lee Compton
W#.np.ss my hand and official seal.
My cormpission expires: May 29, 1 994
;(S E A L)
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CASEMENT -
,f ER
This is to certify that a survey of and the
following described parcel of land was cond
under my direct supervision, responsibility
and checking.
A parcel of land being a part of that portion
of Dayton Street vacated by City of Pueblo
Ordinance N0. 5468, being more particularly
described as follows.
A parcel of land being 10.00 feet in width,
5.00 feet.both sides of the following described
line; BEGINNING at a point from which the block
reference monument in the intersection of 13th
Street and Erie Avenue bears N 47 -58 -14 E
(Bearings as used herein are based on State
Plane Coordinates as monumented and shown hereon)
a distance of 562.41 feet, said point being on
the east line of said vacated Dayton Street;
thence S 07 -05 -58 W a distance of 154.63 feet;
thence S 20 -46 -32 E a distance of 78.62 feet to
the POINT OF TERMINUS of said line, said point
being on the east line of said vacated Dayton
Street.
It being`understood that the sidelines of said
parcel extend or shorten as necessary to intersect
the sidelines of the proceeding and following
courses and the property lines that the Point of
Beginning and the Point of Terminus are a part of.
FRED L. ADAMS.
PROFESSIONAL LAND
SURVEYOR NO. 10093
.s �/
DATE
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Bearing,
X Ref eren
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Bridge
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REVISED OCTOBER 3, 1991
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