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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) o a y rlic r -2- U N m O O � X AA -4 V V O M G R. O m 0% a ai cr) vm G. w O U cn �O N O o M ca a S � r Z I O ' Q r 0 I o a o at V \a ►t 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 1 1 Bearing, X Ref eren Brass C, Bridge Bridge. A searc] not reqt � 1 µ G� 1 r f REVISED OCTOBER 3, 1991 1