RESOLUTION NO. 60-98
CONCERNING THE GRANTING OF A UTILITY EASEMENT ACROSS CITY PROPERTY
TO THE PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City of Grand Junction is the owner of Outlot A, Graff Minor Subdivision, pursuant to the recorded plat thereof dated the 9th day of June, 1998, situate in the Northeast ¼ of Section 7, Township 1 South, Range 1 East of the Ute Meridian, County of Mesa, State of Colorado; and
WHEREAS, the Public Service Company of Colorado requires an easement for the purposes of installing, operating, maintaining, repairing and replacing electric power lines and facilities and appurtenances related thereto which existed over and across said Outlot A prior to the City receiving title to said Outlot A.
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 to the Public Service Company of Colorado a utility easement over and across Outlot A, Graff Minor Subdivision.
PASSED and ADOPTED this 16th day of September, 1998.
Attest:
/s/ Christine English /s/ Reford C. Theobold
Acting City Clerk President of the Council Pro Tem
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 and 00/100 Dollars ($10.00), the receipt and sufficiency of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto the PUBLIC SERVICE COMPANY OF COLORADO, a Colorado corporation, Grantee, whose address is Seventeenth Street Plaza, 1225 17th Street, Denver, Colorado 80202-5533, the herein described easement to install, operate, maintain, repair and replace electric and telecommunications lines and related facilities, on, along, over, under, through and across a portion of Outlot “A” of Graff Minor Subdivision, situate in the Northeast 1/4 of Section 7, Township 1 South, Range 1 East of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado, as recorded in Plat Book 16 at Page 252 in the office of the Mesa County Clerk and Recorder, being more particularly described as follows:
Commencing at the southeast corner of Outlot “A” of Graff Minor Subdivision, situate in the Northeast 1/4 of Section 7, Township 1 South, Range 1 East of the Ute Meridian, City of Grand Junction, County of Mesa, State of Colorado, as recorded in Plat Book 16 at Page 252 in the office of the Mesa County Clerk and Recorder; thence N 90º00’00” W along the southerly line of said Outlot “A” a distance of 260.00 feet to a point; thence continuing along the southerly line of said Outlot “A”, N 87º15’00” W a distance of 100.90 feet to the True Point of Beginning;
thence N 87°15’00” W along the southerly line of said Outlot “A” a distance of 10.01 feet to a point;
thence leaving the southerly line of said Outlot “A”, N 00º00’00” W a distance of 31.70 feet to a point;
thence S 88º50’26” E a distance of 148.23 feet to a point on the northerly line of said Outlot “A”;
thence S 84º36’08” E along the northerly line of said Outlot “A” a distance of 135.31 feet to a point;
thence leaving the northerly line of said Outlot “A”, N 88º50’26” W a distance of 272.96 feet to a point;
thence S 00º00’00” E a distance of 21.98 feet to the Point of Beginning,
containing 2,374.33 square feet as described.
TO HAVE AND TO HOLD unto said Grantee, its successors and assigns, together with the right to enter upon said premises, to survey, maintain, operate, repair, replace, control and use said Easement, subject to the terms and conditions contained herein.
1. Grantor reserves the right to use and occupy the aforedescribed Easement for any purpose which is not inconsistent with the rights herein granted. 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.
2. The work and act of installing and maintaining said electric and telecommunications lines and related facilities shall be performed with the highest standard of care; the surface and condition of the ground along the Easement shall not be disturbed without the prior written consent of Grantor or Grantor’s successors and assigns; in the event Grantee disturbs the surface and condition of the ground Grantee shall, at Grantee’s sole cost and expense, substantially restore the surface and condition of the ground to its original level and condition immediately 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 higher standard of care as may be applicable, shall be paid for and repaired at the expense of Grantee.
3. 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.
Executed and delivered this ______ day of ____________________, 1998.
The City of Grand Junction, a Colorado
Attest: home rule municipality
________________________________________ ________________________________________
City Clerk City Manager
State of Colorado )
)ss.
County of Mesa )
The foregoing instrument was acknowledged before me this ____ day of _____________, 1998, by Mark K. Achen as City Manager and attested to by Stephanie Nye as City Clerk of the City of Grand Junction, a Colorado home rule municipality.
My commission expires: __________________
Witness my hand and official seal
________________________________________
Notary Public