RESOLUTION NO. 09-02
AUTHORIZING THE EXCHANGE OF WATER LINE EASEMENTS
WITH ELAM CONSTRUCTION, INC.
TO ACCOMMODATE THE KANNAH CREEK FLOWLINE REPLACEMENT PROJECT
WHEREAS, the City is the owner and operator of two water pipelines, known as the Kannah Creek Flowline and the Purdy Mesa Flowline, which deliver the main source of water for domestic, fire fighting and other uses for the inhabitants of the City of Grand Junction; and
WHEREAS, pursuant to and in accordance with certain easements acquired by the City in 1911 for the Kannah Creek Flowline and in 1955 for the Purdy Mesa Flowline, portions of each of the Flowlines are located upon certain real property now owned by Elam Construction, Inc.; and
WHEREAS, the City will be replacing the Kannah Creek Flowline with a new water pipeline, the location of which has been mutually agreed upon between the City and Elam Construction, Inc.; and
WHEREAS, the City and Elam Construction, Inc., desire to replace those portions of the 1911 Kannah Creek Flowline Easement and the 1955 Purdy Mesa Flowline Easement which presently encumber the property now owned by Elam Construction, Inc., with one perpetual water line easement that will permit the City to access the property of Elam Construction, Inc., with workers and equipment for the purposes of installing, operating, maintaining, repairing and replacing the new Kannah Creek Flowline and the existing Purdy Mesa Flowline.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:
That upon delivery to the City by Elam Construction, Inc., of a perpetual easement for the purposes described above, the City Manager be and is hereby authorized, on behalf of the City and as the act of the City, to execute a Quit Claim Deed which shall remise, release, convey and Quit Claim unto Elam Construction, Inc., any and all interests the City may have in and to those portions of the easements recorded in Book 175 at Page 186 and Book 896 at Page 349 in the office of the Mesa County Clerk and Recorder which encumber certain real property now owned by Elam Construction, Inc.
PASSED and ADOPTED this 6th day of February, 2002.
Attest:
/s/: Cindy Enos-Martinez President of the City Council
/s/: Juanita Wesley
Deputy City Clerk
