RESOLUTION NO. 82-05
A RESOLUTION CONCERNING THE GRANTING OF A
NON-EXCLUSIVE ELECTRIC UTILITY EASEMENT
TO THE PUBLIC SERVICE COMPANY OF COLORADO
WHEREAS, the City of Grand Junction believes it is the owner of certain real property described as
Parcel B-2 2501 Highway 6&50 Mesa County Assessor #2945-103-00-067
Legal: BEG 708.4FT S + 30FT E OF W4 COR SEC 10 1S 1W S61DEG22MIN E 100FT S 143FT W 87.77FT N 247.94FT TO BEGEXC TR BK 911 PG 420
Parcel B-3 2501 Highway 6&50 Mesa County Assessor #2945-103-00-068
Legal: BEG 220FT N + 30FT E OF SW COR NW4SW4 SEC 10 1S 1W E88.77FT N 203.86FT W 88.77FT S TO BEG; and
WHEREAS, the Public Service Company of Colorado has requested a non-exclusive electric utility easement across said City property for the purposes of installing, operating, maintaining repairing and replacing overhead electric utilities and facilities appurtenant thereto.
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 the attached Easement Agreement conveying to the Public Service Company of Colorado a non-exclusive easement over and across the limits of the City property described therein.
PASSED and ADOPTED this 4th day of May, 2005.
/s/: Bruce Hill
Attest: President of the Council
/s/: Stephanie Tuin
City Clerk
EASEMENT AGREEMENT
This Easement Agreement (“Agreement”) is made and entered into as of the ______ day of ________________, 2005, by and between The City of Grand Junction, a Colorado home rule municipality (“City”), whose address is 250 North 5th Street, Grand Junction, Colorado 81501, and Public Service Company of Colorado, a Colorado corporation (“Public Service”), whose address is Seventeenth Street Plaza, 1225 17th Street, Denver, Colorado 80202-5533.
RECITALS
A. The City believes it is the owner of certain real property described as
Parcel B-2 2501 Highway 6&50 Mesa County Assessor #2945-103-00-067
Legal: BEG 708.4FT S + 30FT E OF W4 COR SEC 10 1S 1W S61DEG22MIN E 100FT S 143FT W 87.77FT N 247.94FT TO BEGEXC TR BK 911 PG 420
Parcel B-3 2501 Highway 6&50 Mesa County Assessor #2945-103-00-068
Legal: BEG 220FT N + 30FT E OF SW COR NW4SW4 SEC 10 1S 1W E88.77FT N 203.86FT W 88.77FT S TO BEG;
Both parcels are the County of Mesa, State of Colorado.
B. Public Service is proposing to install, operate and maintain overhead electric lines and facilities appurtenant thereto to relocate existing electric transmission facilities in preparation for the City’s Riverside Parkway Project (“the Project”).
C. The parties desire to provide for the conveyance of a non-exclusive easement required for the Project pursuant to the terms and conditions stated in this Agreement.
NOW, THEREFORE, in consideration of the recitals above and the terms, covenants, conditions, restrictions, duties and obligations contained herein, the parties agree as follows:
1. Consideration, Grant. For and in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration, the City hereby grants and conveys to Public Service, by quit claim, a non-exclusive easement on, along, over, under, through and across the limits of the City Property described in Exhibit “A” attached hereto and incorporated herein by reference (“Easement”), and Public Service accepts such grant and conveyance subject to the terms and conditions of this Agreement.
2. Term. The term will run in perpetuity with the exception of paragraph 3 below.
3. Abandonment/Automatic Termination. In the event of permanent abandonment of the Easement by Public Service, all rights, privileges and interests herein granted shall automatically terminate. Permanent abandonment shall have occurred if Public Service shall fail to use the Easement for any twelve (12) consecutive month period.
4. Express Limitations. Public Service’s utilization of the Easement shall be specifically limited to the installation, operation, maintenance and repair of overhead electric service lines and facilities directly related or appurtenant thereto. The easement rights herein granted do not include the right to expand utilization of the Easement for any other purposes unless such uses are authorized by subsequent conveyance instrument(s).
5. General Indemnification. Public Service hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold the City, its officers, employees, agents and assets harmless from any and all claims, costs, judgments, awards or liability, including reasonable attorneys’ fees and costs (except those caused by the City’s gross negligence or its willful or wanton acts) to any person or with regard to any property, including claims arising from injury or death, resulting from Public Service’s gross negligence or willful act or failure to act pursuant to this Agreement. The foregoing indemnification obligations shall extend to claims which are not reduced to a suit and any claim which may be compromised by Public Service prior to the culmination of any litigation or the institution of any litigation.
6. Default. Should Public Service (a) default in the performance of this Agreement and any such default continue for a period of ninety (90) days after written notice thereof is given by the City to Public Service, or (b) be declared bankrupt, insolvent, make an assignment for the benefit of creditors, or if a receiver is appointed, or (c) fail to timely cure such default, the City, at its option, may file an action to cancel and annul this Agreement and obtain an order from a court of competent jurisdiction to enter and take possession of the Easement. This Agreement shall then terminate upon such occupation. Nothing herein shall prejudice or be to the exclusion of any other rights or remedies which the City may have against Public Service, including, but not limited to, the right of the City to obtain injunctive relief. If the City succeeds in such effort, Public Service shall pay the City’s reasonable attorneys’ fees.
7. Public Service Acceptance Subject to Existing Conditions.
7.1 Public Service has inspected the Easement and accepts the same in its present condition and location. Public Service agrees that the condition of the Easement is sufficient for the purposes of Public Service. The City makes no warranties, promises or representations, express or implied, that the Easement is sufficient for the purposes of Public Service. If the Easement is damaged due to fire, flood or other casualty, or if the Easement is damaged or deteriorates to the extent that it is no longer functional for the purposes of Public Service, the City shall have no obligation to repair the Easement nor to otherwise make the Easement usable or occupiable, since such damages shall be at Public Services’ own risk.
7.2 The City makes no representations or warranties regarding the presence or existence of any toxic, hazardous or regulated substances on, under or about the Easement, except to the extent that the City states it has not deposited or caused to be deposited any toxic, hazardous or regulated substances on, under or about the Easement.
8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado.
9. Total Agreement, Applicable to Successors. This Agreement contains the entire agreement between the parties and, except for automatic termination or expiration, cannot be changed or modified except by a written instrument subsequently executed by both parties. This Agreement and the terms and conditions hereof apply to and are binding upon the successors and authorized assigns of both parties.
IN WITNESS WHEREOF, the parties hereto have each executed and entered into this Easement Agreement as of the day and year first above written.
The City of Grand Junction,
Attest: a Colorado home rule municipality
/s/: Stephanie Tuin_____________ /s/: Kelly Arnold____________________
City Clerk City Manager
Public Service Company of Colorado,
a Colorado corporation
By
Nicholas B. Faes, Manager,
Siting and Land Rights,
Xcel Energy Services, Inc., Agent for
Public Service Company of Colorado
State of Colorado )
)ss.
County of Mesa )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2005, by Kelly Arnold as City Manager and attested to by Stephanie Tuin 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
State of Colorado )
)ss.
City and County of Denver )
The foregoing instrument was acknowledged before me this ____ day of _____________, 2005, by Nicholas B. Faes, Manager, Siting and Land Rights, Xcel Energy Services, Inc., Agent for Public Service Company of Colorado, a Colorado corporation.
My commission expires: __________________
Witness my hand and official seal
________________________________
Notary Public
Exhibit “A”
Legal Description of Easement
A non-exclusive easement situated upon a parcel of land being a portion of a parcel described in Book 2160 at Page 519, recorded at the Mesa County Clerk & Recorder’s Office on July 26, 1995, lying in the Northwest Quarter of the Southwest Quarter of Section 10, Township 1 South, Range 1 West of the Ute Principal Meridian, Mesa County, Colorado being more particularly described as follows:
COMMENCING at the Southwest corner of the Northwest Quarter of the Southwest Quarter of said Section 10 (a found 2 ½” Brass Cap “MESA COUNTY SURVEY MARKER LS illegible” in concrete), whence the witness monument to the Southeast corner of the Northwest Quarter of Southwest Quarter of said section 10 (found an Aluminum Cap “1/16 45.0 2003 LS17465”) bears N89 o 56’54” E, a distance of 1274.54 feet; THENCE N07 o 15’20” E a distance of 594.91 feet to the northerly line of said parcel of land described in Book 2160 at Page 519, being the POINT OF BEGINNING;
THENCE S 61o24’59” E along said northerly line, a distance of 35.41 feet
THENCE S 11o27’21” W a distance of 305.72 feet;
THENCE N 00o02’59” W a distance of 300.23 feet;
THENCE N 61o19’31” E along said northerly line, a distance of 34.07 feet to the POINT OF BEGINNING.
Containing 9661 square feet, (0.222 Acres), more or less for a non-exclusive, electric transmission easement.
Basis of Bearing: N 89o58’01” E between Mesa County Local Coordinate System points Southwest Corner of Section 15 (2-1/2” Aluminum Cap in Monument Box Stamped: AES T1S R1W S16/S15/S21/S22 2002 PLS 24320) and the Southeast Corner of Section 15, (2-1/2” Brass Cap Stamped: COUNTY SURVEY MARKER 828-1 15/14/22/23), both in Township 1 South, Range 1 West Ute P.M.
END OF EXHIBIT “A”