HomeMy WebLinkAbout1981 Resolution No. 051• •
•
•
•
RESOLUTION NO.~
SBRIBS OF 1981
A RBSOLUTION APPROVING AN AGREEMENT WITH PUBLIC SERVICE COMPANY OF
COLORADO GRAllTING A LICENSE TO INSTALL A FOUR-INCH GAS MAIN IN
JIUllICIPAL PROPERTY.
WllBRBAS, the City of Englewood permitted Public Service
COllp&Dy, in 1967, to install a four-inch gas main in municipal
property con•i•ting of Cushing Park; ·and
WllBRBAS, a• a result of se~rline construction, it is
nec•••ary to relocate the aforedescribed gas main.
NOW, THBRBFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BRGLBMOOD, COLORADO:
Section 1. The City of Englewood hereby agrees to grant Public
service Company of Colorado a license to install a four-inch gas
main in property known as Cushing Park pursuant to an agreement
attached hereto identified as Exhibit "A" and incorporated herein
by reference •
ADOPTED AND APPROVED this 7th day of December, 1981.
~~ E\ige~Ot1$, ay0r
Atte•t1 ...
ex ~o-~~-be:
I, Gary R. Higbee, ex officio City Clerk-Treasurer of the
City of Englewood, Colorado, hereby certify that the above is a true,
accurate and complete copy of Resolution No.\,fi'l , Series of 1981 • •
(r:z<J AflVL_:~
• EXHIBIT "A"
AGREEMENT
THIS AGREF.MENT, made and entered into this day of
~~~~~~~~~~-' 19 I by and between the CITY OF ENGLEWOOD,
COLORADO, a municipal corporation, hereinafter referred to as the
•city•, and PUBLIC SERVICE COMPANY OF COLORADO, hereinafter referred
to as •s.cond Party•,
WITNESSETB:
WBBRBAS, the City is the owner in fee or of an easement or
other real property interest in and to South Huron Street extended
from Dartmouth to Eastman: and
WBBRBAS, Second Party bas been requested by City to relocate
a portion of the 4-inch gas main which was originally installed under
a 1967 agreement, Public Service Document 175098, recorded in
Arapahoe County at Book 1751, page 213.
• NOW, TllEREFORE, in consideration of the premises and the mutual
•
promises, covenants, and performances hereinafter contained, it is
mutually understood and agreed by and between the parties as follows:
1. The City hereby grants to the Second Party the right to
install a 4-inch gas main in the property known as Cushing Park
(South Buron Street extended). See attached drawing for location.
The exact location of the aforedescribed 4-inch gas main shall be
determined by the City Engineer. In any event, the location of the
4-inch gas main shall avoid damaging any tree.
2. Second party agrees that the use of the land for instal-
lation of the 4-inch gas line hereinabove granted is permissive
only and that the aforesaid gas line to be relocated within the
property kown as Cushing Park, as hereinabove set forth, shall be
re110ved forthwith upon written request of the City and the land
placed in as nearly as possible its former condition, including
reatoring the surface to its prior condition.
3. It is specifically understood and agreed by the Secdnd
Party, in conaideration of and as a basis for the execution of the
above and foregoing agreement, that the hereinabove described
structure or installation shall be erected entirely at the expense
and riak of Second Party: that the City assumes no responsibility
therefor1 that the Second Party agrees to hold City harmless for any
personal or property damage resulting from the putting in and
.. intenance of the above described structure or installation; that
•
•
•
the aaid atructure shall be removed forthwith at the expense of
Second Party when requeated in writing by the City and the land
placed •• nearly as possible in its present condition; that in the
event the aaid structure is not removed forthwith upon such written
requeat of City, then the same may be removed by City at the expense
of Second Party; and that this agreement shall inure to the benefit
of the heira, executors, administrators, personal representatives,
aucceaaora and aasigns of the parties, and shall be deemed a
covenant running with the hereinabove described land and real
property.
DI WITRBSS WHEREOF, the City has hereunto set its seal and
th• aignaturea of it• proper officials, and Second Party has
hereunto aet the signatures of its proper officials the day and
year firat above written.
Atteat:
Director of Finance, ex officio
City Clerk-Treaaurer
STATZ OP COLORADO ) ss
COOllTY OP ARAPAIK>B ) •
CITY OF ENGLEWOOD, COLORADO
a municipal corporation
By
--1ro-u_9_e_n_e--=Lro-.~Or"'ltro-ir-s-, -:M:":'a_y_o_r ___ _
FUBLIC SERVICE COMPANY OF COLORADO
By _______ _
The above and foregoing Agreement was acknowledged before me
the day of , 19 by as
Jlayor and as
Director of Finance, ex officio City Clerk-Treasurer, of the City
of Bn9lewood, Colorado, a municipal corporation.
My Comaiaaion expires:
Notary Pub-lie
The above Agreement was acknowledged before me the day of
, 19 by as
~---------------of Public Service Company of Colorado.
• lly Comaiaaion expires:
NOtary Public
-2-
• •
• • • •