Book 2313 Page 750
1793585 0904AM 04/03/97
Monika Todd Clk&Rec Mesa County CO
DOCUMENT FEE $Exempt
RESOLUTION NO. 48-96
CONCERNING THE GRANTING OF A TELECOMMUNICATIONS EASEMENT
TO U.S. WEST COMMUNICATIONS, INC.
WHEREAS, U.S. West Communications, Inc., has requested an easement for the installation, operation, maintenance and repair of a buried telecommunications cable across the City owned property described as Lot 2 of The Ridges Minor Subdivision situated in the NW1/4 of Section 20, Township 1 South, Range 1 West of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado; and
WHEREAS, the City Council of the City of Grand Junction has determined that such action will not be detrimental to the inhabitants of the City of Grand Junction.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
That the City Manager is hereby authorized to execute the attached Grant of Easement conveying a ten (10.0) foot wide telecommunications easement across Lot 2 of The Ridges Minor Subdivision to U.S. West Communications, Inc.
PASSED and ADOPTED this 15th day of May, 1996.
Attest:
/s/ Linda Afman
President of the Council
/s/ Stephanie Nye
City Clerk
GRANT OF EASEMENT
The City of Grand Junction, a Colorado home rule municipality, Grantor, whose address is 250 North 5th Street, Grand Junction, Colorado 81501, for and in consideration of the sum of Ten ($10.00) Dollars, the receipt and sufficiency of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto U.S. WEST COMMUNICATIONS, Inc., a Colorado corporation, whose address is 1808 California Street, Denver, Colorado 80202, Grantee, the herein described ten (10.0) foot wide non-exclusive telecommunications easement for the installation, operation, maintenance, repair and replacement of buried telecommunications cable, on, along, over, under, through and across that certain real property described as Lot 2 of The Ridges Minor Subdivision as recorded in Plat Book 14 at Page 160 in the office of the Mesa County Clerk, said property lying, being and situate in the NW1/4 of Section 20, Township 1 South, Range 1 West of the Ute Meridian in the City of Grand Junction, County of Mesa, State of Colorado, the boundary lines of said easement being more particularly described by the following metes and bounds, to wit:
See Exhibit "A" attached hereto and incorporated herein by reference.
Together with the right to enter upon said premises, to survey, construct, maintain, operate, repair, replace, control and use said telecommunications cable and related fixtures and devices, subject to the following terms, covenants, conditions and restrictions:
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 any of the Grantee's facilities therein or the use thereof.
2. In the event of permanent abandonment of the easement by Grantee, all rights, privileges and interests herein granted shall automatically terminate. Permanent abandonment shall have occurred if Grantee shall fail to use the easement for any twelve (12) consecutive months.
3. The work and act of installing and maintaining said telecommunications cable and fixtures shall be performed with due care; the surface along the easement shall be restored substantially to its original level, condition and integrity immediately upon the completion of installation, maintenance and repair work; if the Grantee refuses or neglects to commence restoration of the surface of the easement within thirty (30) days after written demand by the Grantor, or fails to complete such restoration work within a reasonable time thereafter, the Grantor may enter upon the easement and perform such restoration work without liability to Grantee's operations and/or facilities by reason thereof, and if the Grantor performs such restoration work, the Grantee shall pay to the Grantor, on demand, the cost thereof with interest at the rate of fifteen percent (15%) per annum from the date of payment by the Grantor for such restoration work until paid in full by Grantee.
4. All damages to persons or property resulting from the failure to exercise due care, or other higher standard of care as may be applicable, shall be paid for and repaired at the expense of Grantee; Grantee shall indemnify Grantor, its officers, employees and agents and hold Grantor, its officers, employees and agents harmless from any and all damages or claims for damages to persons or property alleged to be caused by or arising from the negligence or willful misconduct of Grantee.
Signed this ______ day of ____________________, 1996.
The City of Grand Junction, a Colorado home Attest: rule municipality
_____________________________________ By:__________________________________
City Clerk City Manager
State of Colorado )
)ss.
County of Mesa )
The foregoing instrument was acknowledged before me this ____ day of _____________, 1996, by Mark K. Achen as City Manager and attested to by Stephanie Nye as City Clerk for the City of Grand Junction, a Colorado home rule municipality.
Witness my hand and official seal.
My commission expires: __________________
_____________________________________
Notary Public
EXHIBIT "A"
Beginning at the Southeast Corner of The Ridges Minor Subdivision, situate in the NW1/4 of Section 20, Township 1 South, Range 1 West of the Ute Meridian in the City of Grand Junction, County of Mesa, State of Colorado, from whence the East 1/4 Corner of said Section 20 bears S 61°06'18" E a distance of 828.43 feet with all bearings contained herein being relative thereto, said Point of Beginning being common with the Southwest Corner of Lot 14C, Block 18 of The Ridges Filing No. 3 and also being on the Northerly right-of-way line for Mariposa Drive;
thence 95.99 feet along the arc of a curve to the right having a radius of 740.00 feet, a central angle of 07°25'55", and a long chord bearing S 86°17'03" W a distance of 95.92 feet to a point of compound curvature;
thence 99.46 feet along the arc of a curve to the right having a radius of 63.32 feet, a central angle of 90°00'00", and a long chord bearing N 45°00'00" W a distance of 89.55 feet to a point of tangency;
thence N 00°00'00" E a distance of 58.40 feet to a point of curvature;
thence 179.87 feet along the arc of a curve to the left having a radius of 140.00 feet, a central angle of 73°36'40", and a long chord bearing N 36°48'20" W a distance of 167.75 feet to a point of tangency;
thence N 73°36'40" W a distance of 66.77 feet;
thence N 30°30'49" W a distance of 155.0 feet;
thence S 59°29'11" E a distance of 10.00 feet;
thence S 30°30'49" W a distance of 142.17 feet;
thence S 73°36'40" E a distance of 53.94 feet to a point of curvature;
thence 192.71 feet along the arc of a curve to the right having a radius of 150.0 feet, a central angle of 73°36'40", and a long chord bearing S 36°48'20" E a distance of 179.73 feet;
thence S 00°00'00" W a distance of 58.40 feet to a point of curvature;
thence 83.75 feet along the arc of a curve to the left having a radius of 53.32 feet, a central angle of 90°00'00", and a long chord bearing S 45°00'00" E a distance of 75.41 feet to a point of compound curvature;
thence 90.44 feet along the arc of a curve to the left having a radius of 730.0 feet, a central angle of 07°05'54", and a long chord bearing N 86°45'11" E a distance of 90.38 feet to a point on the Easterly boundary line of said Lot 2;
thence S 30°26'46" E along said Easterly boundary line a distance of 10.00 feet to the Point of Beginning.