HomeMy WebLinkAbout09083RESOLUTION NO. 9083
A RESOLUTION GRANTING AN EASEMENT TO THE BOARD
OF WATER WORKS OF PUEBLO, COLORADO FOR
SUBSURFACE WATER MAINS
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Easement between the City and the Board of Water Works of Pueblo, Colorado dated
August 14, 2000, a copy of which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2
The President of the City Council is authorized to execute and deliver the Easement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
The City Clerk is directed to record the Easement in the office of the Pueblo County Clerk and
Recorder upon notification from the City Attorney that an appropriate agreement for the repair or
replacement of improvements including the City's trail systems has been approved by the Board of
Water Works of Pueblo, Colorado.
ATTEST:
City rk
INTRODUCED:August 14, 2000
Al Gurule
Councilperson
APP ED:
1t
P esident of the City Council
AUGUST 14, 2000 - CITY COUNCIL BACKGROUND MEMORANDUM
RESOLUTION GRANTING AN EASEMENT TO THE
BOARD OF WATER WORKS OF PUEBLO, COLORADO
FOR SUBSURFACE WATER MAINS
The Resolution approves the granting of a fifty (50) foot easement from the City to the Board
of Water Works of Pueblo, Colorado ('Board of Water Works ") over City land for subsurface water
mains to be constructed by the Board of Water Works from the site of the Pueblo Dam to its
treatment facilities.
The construction and installation of the water main will interfere with the use of, and disturbs
the City's trail system along the Arkansas River and the Nature Center during the construction. The
Board of Water Works has indicated it will enter into a separate agreement to repair, replace and
relocate if necessary, at its expense, all improvements, trail system, parking areas and other improved
areas disturbed or damaged by the Board of Water Works or its agents, employees, contractor or
subcontractors.
The Board of Water Works intends to award the water main construction contract on August
28, 2000.
Reso. 9083 1
1352783 10/04/2000 12:26P EASE Chris C. Munoz
1 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Ree
EASEMENT
THIS EASEMENT, made this 1'/" day of August, 2000, between Pueblo,
a municipal corporation ( "Grantor "), and Pueblo, a municipal corporation, for the
use and benefit of the Board of Water Works of Pueblo, Colorado, pursuant to
Article 15 of the Charter of Grantor, whose legal address is Pueblo, Colorado,
County of Pueblo, State of Colorado ( "Grantee "), its successors and assigns:
WITNESSETH, that Grantor, for and in consideration of the sum of Ten
Dollars and other valuable consideration, to the said Grantor in hand paid by the
said Grantee, the receipt whereof is hereby confessed and acknowledged, has
granted, bargained, sold and conveyed and by these presents does grant,
bargain, sell, convey and confirm unto the Grantee, its successors and assigns,
an easement and right -of -way situate, lying and being in the County of Pueblo
and State of Colorado, described as follows:
See Exhibit A attached and incorporated by reference.
to construct, maintain, change, renew and operate a subsurface water main or
water mains for the conveyance and carriage of water through, across and under
the strip of land described above, together with the right of reasonable ingress to
and egress from said strip of land for the foregoing purposes, and also to make
temporary openings in fences to permit such ingress or egress.
TO HAVE AND TO HOLD said strip of land for so long as the same shall
be used for the purposes aforesaid, said easement and right -of -way to cease if
and when said strip of land shall have ceased to be used for said purposes for a
continuous period of five years.
The Grantor covenants and agrees for itself, its successors and assigns,
not to erect any building or structure within the limits of said strip of land, and the
Grantee, its successors and assigns, acting by and through said Board of Water
Works of Pueblo, Colorado, shall have the right to remove, at Grantee's
expense, objects interfering with the construction, maintenance, operation,
control and use of said water main or water mains.
The easement or right -of -way hereby granted is subject to the right of the
Grantor, its successors and assigns, to pass over, across, along and upon said
strip of land and otherwise use the surface thereof, provided such passage and
use shall not be inconsistent or interfere with the use of said strip by the
Grantee, its successors and assigns, acting by and through said Board of Water
Works of Pueblo, Colorado, for the purposes aforesaid.
To the extent legally permissible Grantee will indemnify and hold harmless
the Grantor from any and all claims, expenses, liabilities, loss or damage to
111111111111111111111111111111111111111111111111111 IN
1352783 10/04/2000 12:26P EASE Chris C. Munoz
2 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Rec
property or injury to or death of persons, caused by or arising out of the
construction, installation and maintenance of the water mains or the use of the
easement hereby granted by Grantee, its employees, agents or contractors.
WITNESS our hands and seal this 14th day of August, 2000.
PUEBL MUNIC P ORPORATION
(S # ', By: V—
resident of City Council
'dity C k
STATE OF COLORADO )
) ss
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this 14th day of
August, 2000 by Corinne Koehler as President of the City Council and Gina
Dutcher as City Clerk of Pueblo, a Municipal Corporation.
L 5
Witn - h cf �cj, fficial seal.
0 i r :�,
My onimission Expires: ';
o
0fi
(SEAL)
%ty Commission Expires O6!4F! ^i ,g
' ;tarvy Public
BOARD OF WATER
COLORADO /2
OF PUEBLO,
'3 Fit C
°STAtk f COLORADO )
:.� 1� .4 44 ) ss
.;;•.,. COLINTY•OF PUEBLO )
r_
The foregoing instrument was acknowledged before me this 28th day of
August 2000 by Michael W. Stillman as P r es id e nt
2
1111111 I IN
1352783 10/04/2000 12:26P EASE Chris C. Munoz
3 of 9 R 45.00 D 0.00 Pueblo C!y Clerk & R
and Vera Ortegon as
of Water Works of Pueblo, Colorado.
Witness my hand and official seal.
<< � '-Gom- mjission Expires: 9/13/01
1 J
Secretary- Treasurer of the Board
11135=
3
Mangini & Associates Inc.
4718 N. Elizabeth St., Ste. A
Pueblo, Colorado 81008
(719) 544 -0865
(719) 544- 08 76 Fax
111111111111111111111111111111111111111 IN
1332763 10/04/2000 12:26P EASE Chris C. Munoz
4 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Ree
WATERLINE EASEMENT
An easement located within a portion of the E 1/2 of the SE 1/4 of Section 31, a portion
of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the SW 1/4, a portion of the N 1/2 of
the SE 1/4 and a portion of the SE 1/4 of the NE 1/4 of Section 32, a portion of the
S 1/2 of the NW 1/4, a portion of the N 1/2 of the NW 1/4 and a portion of the N 1/2 of
the NE 1/4 of Section 33 and a portion of the N 1/2 of Section 34, Township 20 South,
Range 65 West of the Sixth Principal Meridian, being more particularly described as
follows:
A waterline easement being 50.00 feet in width, 25.00 feet on each side of the following
described centerline:
BEGINNING at a point on the west line of the said SW 1/4 of Section 32, from which
the C 1/4 corner of said Section 32 bears N 72 °43'24 "E (bearings based on the
north -south centerline of said Section 32 from the said C 1/4 monumented with a No. 6
rebar, 30" long, with an aluminum cap P.L.S. No. 16128 to the SE corner of the said
N 1/2 of the SW 1/4, monumented with a 30" x 2 1/2" aluminum monument P.L.S. No.
16128, assumed to bear S 01 °28'41 "E) a distance of 2742.95 feet; thence N 71 °47'54 "E
a distance of 57.45 feet; thence N 01 °33'40 "W a distance of 243.65 feet; thence
N 15 °40'39 "E a distance of 9.87 feet; thence along the arc of a non - tangent curve to the
right whose center bears S 74'18'52"E, having a central angle of 44"110'17" and a radius
of 1390.00 feet, a distance of 1079.68 feet; thence N 60 °11'26 "E a distance of 64.60
feet; thence N 68 °50'36 "E a distance of 49.85 feet, thence along the arc of a non - tangent
curve to the right whose center bears S 21 °04'49 "E, having a central angle of 19 °49'21"
and a radius of 1460.00 feet, a distance of 505.11 feet; thence N 88 °48'52 "E a distance
of 457.11 feet; thence S 87'37'13"E a distance of 134.64 feet; thence S 45'18'40"E a
distance of 767.28 feet; thence S 74 °59'58 "E a distance of 299.94 feet; thence
S 87 °55'56 "E a distance of 338.22 feet; thence S 81 °47'27 "E a distance of 242.56 feet;
thence S 78 °24'01 "E a distance of 273.84 feet; thence N 77'29'1 l"E a distance of
196.86 feet; thence N 61 °19'24 "E a distance of 181.71 feet; thence N 47 °01'22 "E a
distance of 297.02 feet; thence N 58'12'28"E a distance of 141.04 feet; thence
N 51'43'13"E a distance of 465.91 feet; thence N 46'01'18"E a distance of 393.70 feet;
thence N 36 °24'34 "E a distance of 335.67 feet; thence N 48'21'16"E a distance of
240.78 feet; thence N 54 °39'42 "E a distance of 284.46 feet; thence N 56 °40'03 "E a
distance of 231.60 feet; thence N 62 °21'26 "E a distance of 197.11 feet; thence
EXHIBIT "A"
Professional Engineers & Land Surveyors
I .I 1 111111 11111 11111 11111 11111 111111 111111 III 11111 1111 1111
1332783 10/04/2000 12:26P EASE Chris C. Munoz
3 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Ree
w
N 72 °23'40 "E a distance of 218.19 feet; thence N 74 °31'41 "E a distance of 193.35 feet;
thence N 36 °16'09 "E a distance of 187.42 feet; thence N 78 °30'47 "E a distance of
365.99 feet; thence S 80'45'14"E a distance of 138.18 feet; thence S 82 °55'56 "E a
distance of 123.68 feet; thence N 87 °23'48 "E a distance of 208.34 feet; thence
N 8'1'22'1' "E a distance of 184.63 feet; thence N 84 °43'56 "E a distance of 249.03 feet,
thence N 83 )'0'3'02"E a distance of 312.64 feet; thence N 74'13'29"E a distance of
133.84 feet; thence S 60 °59'41 "E a distance of 844.58 feet; thence S 87'40'16"E a
distance of 270.41 feet; thence N 84 °06'35 "E a distance of 3423.23 feet; thence
N 21 °44'56 "E a distance of 855.95 feet, more or less, to a point on the southerly-line of
that Board of Water Works Easement as described in that document filed for record
February 28, 2000 as Reception No. 1321629 in the records of the Pueblo County Clerk
and Recorder, said point also being the POINT OF TERMINUS.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the right of way line and easement lines that the POINT
OF BEGINNING AND POINT OF TERMINUS are a part of
This is to certify that a survey was made to prepare the description above. This survey
was conducted by me or under my responsible charge in April 2000. This plat accurately
represents that survey to the best of my knowledge and belief.
47 Rr.
12 R I-]
.OF l;�'�
VEYOR NO. 16128
2z 07
DA E
Professional Engineers & Land Surveyors
N
Mangini & Associates Inc.
4718 N. Elizabeth St., Ste. A
Pueblo, Colorado 81008
(719) 544 -0865
(719) 544 -0876 Fax
1 1111111111111111111111111111111111111111111111
1352783 10/04/2000 12:26P EASE Chris C. Munoz
6 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rae
TEMPORARY CONSTRUCTION EASEMENT
An easement located within a portion of the E 1/2 of the SE 1/4 of Section 31, a portion
of the S 1/2 of the NW 1/4, a portion of the N 1/2 of the SW 1/4, a portion of the N 1/2 of
the SE 1/4 and a portion of the SE 1/4 of the NE 1/4 of Section 32, a portion of the
S 1/2 of the NW 1/4, a portion of the N 1/2 of the NW 1/4 and a portion of the N 1/2 of
the NE 1/4 of Section 33 and a portion of the N 1/2 of Section 34, Township 20 South,
Range 65 West of the Sixth Principal Meridian, being more particularly described as
follows:
A temporary construction easement, for the purpose of constructing a waterline, being
100.00 feet in width, 50.00 feet on each side of the following described centerline:
BEGINNING at a point on the west line of the said SW 1/4 of Section 32, from which
the C 1/4 corner of said Section 32 bears N 72 °43'24 "E (bearings based on the
north -south centerline of said Section 32 from the said C 1/4 monumented with a No. 6
rebar, 30" long, with an aluminum cap P.L.S. No. 16128 to the SE corner of the said
N 1/2 of the SW 1/4, monumented with a') 0" x 2 1/2" aluminum monument P.L.S. No.
16128, assumed to bear S 01'28'41"E) a distance of 2742.95 feet; thence N 71'47'54"E
a distance of 57.45 feet; thence N 01'33'40"W a distance of 243.65 feet; thence
N 15 °40'39 "E a distance of 9.87 feet; thence along the arc of a non - tangent curve to the
right whose center bears S 74'1 8' 52 "E, having a central angle of 44'30'17" and a radius
of 13 90. 00 feet, a distance of 1079.68 feet; thence N 60 °11'26 "E a distance of 64.60
feet; thence N 68 °50'36 "E a distance of 49.85 feet; thence along the arc of a non - tangent
curve to the right whose center bears S 21 °04'49 "E, having a central angle of 19 °49'21"
and a radius of 1460.00 feet, a distance of 505.11 feet; thence N 88 °48'52 "E a distance
of 457.11 feet; thence S 87'37'13"E a distance of 134.64 feet; thence S 45'18'40"E a
distance of 767.28 feet; thence S 74 °59'58 "E a distance of 299.94 feet, thence
S 87 °55'56 "E a distance of 338.22 feet, thence S 81 °47'27 "E a distance of 242.56 feet;
thence S 78 °24'01 "E a distance of 273.84 feet; thence N 77 l"E a distance of
196.86 feet; thence N 61 °19'24 "E a distance of 181.71 feet; thence N 47 °01'22 "E a
distance of 297.02 feet; thence N 58° 12'28 "E a distance of 141.04 feet; thence
N 51 a distance of 465.91 feet; thence N 46'01'18"E a distance of 393.70 feet,
thence N 36 °24'34 "E a distance of 335.67 feet; thence N 48'21'16"E a distance of
EXHIBIT "B"
Professional Engineers & Land Surveyors
240.78 feet; thence N 54°39'42 "E a distance of 284.46 feet; thence N 56 °40'03 "E a
distance of 231.60 feet; thence N 62 °21'26 "E a distance of 197.11 feet; thence
N 72 °23'40 "E a distance of 218.19 feet; thence N 74 °31'41 "E a distance of 193.35 feet;
thence N 36'16'09"E a distance of 187.42 feet; thence N 78 °30'47 "E a distance of
365.99 feet; thence S 80'45'14"E a distance of 138.18 feet; thence S 82 °55'56 "E a
distance of 123.68 feet; thence N 87 °23'48 "E a distance of 208.34 feet; thence
N 83'22'13"E a distance of 184.63 feet; thence N 84 °43'56 "E a distance of 249.03 feet;
thence N 83 °03'02 "E a distance of 312.64 feet; thence N 74 °13'29 "E a distance of
133.84 feet; thence S 60 °59'41 "E a distance of 844.58 feet; thence S 87 °40'16 "E a
distance of 270.41 feet; thence N 84 °06'35 "E a distance of 3423.23 feet; thence
N 21 °44'56 "E a distance of 855.95 feet, more or less, to a point on the southerly line of
that Board of Water Works Easement as described in that document filed for record
February 28, 2000 as Reception No. 1321629 in the records of the Pueblo County Clerk
and Recorder, said point also being the POINT OF TERMINUS.
It being understood that the sidelines of said easement extend or shorten as necessary to
intersect the proceeding and following course and the sidelines of said easement extend or
shorten as necessary to intersect the right of way line and easement lines that the POINT
OF BEGINNING AND POINT OF TERMINUS are a part of
This is to certify that a survey was made to prepare the description above. This survey
was conducted by me or under my responsible charge in April 2000. This plat accurately
represrn�``f `
e _moo the best of my knowledge and belief.
cod
SURVEYOR NO. 16128
I - Z-Z-'1 �
DA E
1 1111111111111111 11111 11111111111 11111111111111 IN III
1332783 10/04/2000 12:26P EASE Chris C. ML
7 of 9 R 43.00 D 0.00 Pueblo C!y Clerk & Ree
Professional Engineers & Land Surveyors
1111111111111111111111111111111111111111111111111111111111 IN
1352783 10/04/2000 12:26P EASE Chris C. Munoz
8 of 9 R 45.00 D 0.00 Pueblo Cty Clerk 8 Ree
Sequence The following outline lists portions of the Work that must be performed
within specific timeframes. Contractor shall incorporate these limitations into the
scheduling and performance of the Work.
• Pueblo River Trail Marathon The annual Pueblo River Trail Marathon is scheduled
to take place on October 8, 2000 and October 7, 2001. For both dates, all bike
paths along the pipe alignment must be available during the entire day for
pedestrian traffic, or temporary provisions must be made that are satisfactory to the
Engineer.
• Nature Center /Bike Trail Work from Pipeline Station 169 +00 through 182 +00.
When performing work in this general area, Contractor must maintain at least one
unobstructed access to the Nature Center Complex (i.e., restaurant, offices,
restrooms, etc.) from 9:00 a.m. until 10:00 p.m. Also, this Work must be completed
within the time period of January 2, 2001 through February 28, 2001 or January 2,
2002 through February 28, 2002.
• Nature Center Work from Pipeline Station 163 +50 through 169 +00. When
performing work in this general area, Contractor must maintain at least one
unobstructed access to the Nature Center Complex (i.e., restaurant, offices,
restrooms, etc.) from 9:00 a.m. until 10:00 p.m. In addition, Work in this area is
further restricted to the time period of November 1, 2001 through February 28, 2002.
At least one unrestricted lane access shall be provided to the private road west of
the Nature Center at all times.
• Private Road West of Nature Center Work from Pipeline Station 138 +00 through
163 +50 must be completed within a 30 consecutive calendar day time period
between December 1, 2000 and February 28, 2001 or December 1, 2001 and
February 28, 2002. The private road must be backfilled and compacted, with
temporary surfacing installed and open for traffic to allow unrestricted passage of
vehicles from 4:30 p.m. on Friday to 6:00 a.m. on Monday.
• Tree Removal/Trimming Tree removal or trimming may only take place in the time
period starting September 5, 2000 and ending no later than November 30, 2000 or
starting September 4, 2001 and ending no later than November 30, 2001. Minor
tree trimming may take place outside these time periods with prior approval of the
Engineer.
EXHIBIT "C"
1 IN
1352783 10/04/2000 12 :26P EASE Chris C. Munoz
9 of 9 R 45.00 D 0.00 Pueblo Cty Clerk & Rec
Greenway and Nature Center of Pueblo
Pueblo Board of Water Works Cost Estimates for Pipeline Project
Revised
Description Estimated Costs
East side of parking lot:
1.
20 Cottonwoods ( @$500 each)
$
10,000
2.
Soil replacement, re- sodding, irrigation systems
$
14,500
3.
Replace five Memorial Gardens (3 @$5000 ea, 2 @ $1500 each)
$
18,000
4.
Replacement of shrubs and smaller trees (50 @$100 each)
$
5,000
5.
Replace split rail fence ($15 /lineal foot x 150 feet)
$
2,250
6.
Replace concrete trail (2500 sq. ft. x $2.50 sq. ft.)
$
6,250
West side of parking lot:
1.
Move art sculpture
$
1,000
2.
Replace split rail fence ($15 /lineal foot x 400 feet)
$
6,000
3.
Replace concrete trail to caf6 and brick inlay by septic system
& asphalt trail to parking lot ($5 sq. ft. x 800 sq. ft)
$
4,000
4.
Replace pavers by septic system ($10 /sq. ft. x 60 sq. ft.)
$
600
5.
Rebuild and slope brim and replace rock edging on trails
$
5,000
6.
Replace 25 mature trees (including 150+ year old one -seed Junipers)
(25 @ $500 each)
$
12,500
7
Soil replacement, re- sodding, irrigation systems
$
14,500
8.
Replacement of shrubs and smaller trees (50 @ $100 each)
$
5,000
Other
1.
Asphalt replacement Main Parking Area per BOWW
5,342
Sub -Total $109,942
Plus 20% Contingency 21 988
Grand Total $131,930
EXHIBIT "E"