Resolution No. 78-95 (Word Version)

RESOLUTION NO. 78-95

CONCERNING THE GRANTING OF A NON-EXCLUSIVE EASEMENT

TO GRAND VALLEY RURAL POWER LINES, INC.

WHEREAS, the City of Grand Junction is the owner of a certain tract of land commonly known as the "Somerville Ranch" in the County of Mesa, State of Colorado, in an area known as the Grand Mesa; and

WHEREAS, in 1993, the City authorized a 50-year ground lease of a portion of the Somerville Ranch property to the United States of America for the installation of a National Weather Service Doppler NEXRAD radar system, a part of a nation-wide modernization program; and

WHEREAS, Grand Valley Rural Power Lines, Inc., requires a non-exclusive underground power line easement across the City's Somerville Ranch property to provide electric power service to the NEXRAD radar system; and

WHEREAS, such action will benefit Grand Junction and other Colorado communities by helping the National Weather Service achieve its objectives of providing advanced predicting and tracking of severe weather conditions, issuing more accurate severe weather warnings with longer advance notice to Grand Junction and other Colorado communities, and providing valuable information for water resource and air quality management; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

That the City Manager is hereby authorized, on behalf of the City and as the act of the City, to execute and enter into the attached Non-Exclusive Power Line Easement Agreement with Grand Valley Rural Power Lines, Inc., affecting a City owned tract of land in Section 27, Township 11 South, Range 97 West of the Sixth Principal Meridian, County of Mesa, State of Colorado.

PASSED and ADOPTED this 6th day of September, 1995

Attest:

/s/ Ron Maupin

President of the Council

/s/ Stephanie Nye

City Clerk

NON-EXCLUSIVE POWER LINE EASEMENT AGREEMENT

This Non-Exclusive Power Line Easement Agreement is made this 12th day of September, 1995, by and between THE CITY OF GRAND JUNCTION, a Colorado home rule municipality, hereinafter referred to as "Grantor", and GRAND VALLEY RURAL POWER LINES, INC., a Colorado corporation, hereinafter referred to as "Grantee".

WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, has granted, and by these presents does hereby grant unto the Grantee, its successors and assigns, a 40 foot wide non-exclusive easement for the installation, operation, maintenance and repair of an underground electric power line and related facilities, together with the right of ingress and egress for workers and equipment, the side lines of said easement being parallel with and 20.0 feet on either side of the following described center line, to wit:

Commencing at the G.L.O Brass Cap set for the East 1/4 Corner of Section 27, Township 11 South, Range 97 West of the Sixth Principal Meridian in the County of Mesa, State of Colorado, and considering the North boundary line of the SE 1/4 of said Section 27 to bear N 89°45'05" W with all bearings contained herein being relative thereto; thence S 87°49'27" W a distance of 470.01 feet to the True Point of Beginning;

thence N 89°45'05" W a distance of 2203.03 feet to the Point of Terminus.

TO HAVE AND TO HOLD the said premises above described, with the appurtenances and privileges thereunto belonging unto the Grantee, its successors and assigns, subject to existing ownership rights and leasehold interests of all oil, gas, and minerals in and under said land, and also subject to the following terms, covenants and conditions:

1. Grantor reserves the right to use and occupy the easement for any purpose consistent with the rights and privileges above granted and which will not unreasonably interfere with the Grantee's facilities therein or the use thereof.

2. The easement herein granted shall be used solely for the purposes herein set forth. In the event the Grantee abandons the use of said easement for a period of two (2) years, then all rights, grants and privileges of the Grantee as herein stated shall automatically terminate.

3. Grantee's vehicles, equipment and machinery shall yield the right-of-way to livestock at all times.

4.1. The installation and maintenance of the under ground power line and related facilities shall be done with due care; the surface along the easement shall be restored substantially to its original level and condition as soon as is practicable upon the completion of installation, maintenance and repair work; all damages to persons or property resulting from the failure to exercise due care, or other standard of care as may be applicable, shall be paid for and repaired at the expense of Grantee; Grantee agrees that Grantee shall indemnify Grantor, its officers, employees, agents and lessees, and hold Grantor, its officers, employees, agents and lessees harmless from any and all damages or claims for damages to persons or property caused by or arising from the neglect or willful misconduct of Grantee.

4.2. Upon completion of installation, maintenance and repair work the Grantee shall, as soon as is practicable, re-seed the easement area with a vegetation mixture recommended by the United States Forest Service or the Soil Conservation Service for growth at an elevation of 10,000 feet above sea level. Grantee's obligations under this paragraph shall not be considered fulfilled, and Grantee shall not be discharged from additional restoration or re-seeding responsibilities, until written acceptance of the re-seeding is provided by the Grantor to the Grantee.

4.3. All rocks excavated by the Grantee which are smaller that 24-inches in diameter shall be scattered in a random fashion within the easement area; rocks excavated by the Grantee which are larger than 24-inches in diameter shall be placed by the Grantee in a manner and location which is acceptable to the Grantor.

4.4. Grantee agrees that Grantee, its officers, employees, agents and contractors shall be prohibited from littering and smoking upon the easement area.

5. If the condition of the easement is damaged due to flood or other casualty, or if the condition of the easement deteriorates to the extent where it is no longer functional for the purposes of Grantee, Grantor shall have no obligation to repair the easement; use of the easement by the Grantee shall be at Grantee's own risk.

6. The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and assigns.

IN WITNESS WHEREOF, the parties have caused this Agreement to be executed as of the day and year first above written.

Attest: The City of Grand Junction, Colorado

_____________________________________ _____________________________________

City Clerk Mark K. Achen, City Manager

Accepted this ________ day of ____________________, 1995.

Attest: Grand Valley Rural Power Lines, Inc.

_____________________________________ _____________________________________

Title: Jack Broughton, Vice President and

General Manager

STATE OF COLORADO )

)ss

COUNTY OF MESA )

The foregoing instrument was acknowledged before me this _________ day of ________________, 1995, by Mark K. Achen as City Manager and Stephanie Nye as City Clerk of the City of Grand Junction, Colorado.

My commission expires ____________________.

Witness my hand and official seal.

_____________________________________

Notary Public