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HomeMy WebLinkAbout09538RESOLUTION NO. 9538 A RESOLUTION APPROVING A RECREATION TRAIL EASEMENT AGREEMENT AND AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE BOARD OF AGRICULTURE ON BEHALF OF THE UNIVERSITY OF SOUTHERN COLORADO RELATING TO THE CITY'S TRAIL SYSTEM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following agreement and easement between the City of Pueblo and the State Board of Agriculture on Behalf of the University of Southern Colorado, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved: (a) Agreement dated December 7, 2001 relating to the City's trail system to be located on U.S.C.'s campus. (b) Recreational Trail Easement dated December 7, 2001 relating to City's trail system to be located on land adjacent to U.S.C.'s campus. SECTION 2. The President of the City Council is authorized to execute and deliver the Agreement and Easement described in Section 1 hereof in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: February 25, 2002 BY: Al Gurule CO LPERSON APPROVED: ATTESTED BY: PRESIDENT OF THE CITY COUNCIL CIT LERK Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: FEBRUARY 25, 2002 DEPARTMENT: COMMUNITY DEVELOPMENT / JIM MUNCH TITLE A RESOLUTION APPROVING A RECREATION TRAIL EASEMENT AGREEMENT AND AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE STATE BOARD OF AGRICULTURE ON BEHALF OF THE UNIVERSITY OF SOUTHERN COLORADO RELATING TO THE CITY'S TRAIL SYSTEM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve a Recreational Trail Easement Agreement and an Agreement between the City of Pueblo and the University of Southern Colorado relating to the City's trail system? RECOMMENDATION Approve this Resolution. BACKGROUND In June 2001, the City was awarded a $160,000 Transportation Enhancement Grant from the Colorado Department of Transportation (CDOT) for the "USC Trail Link Project ". The University of Southern Colorado is partnering with the City on this project. Both the City and the University committed $20,000 each in matching funds towards the construction of this trail project. The trail project includes the construction of a soft surface trail, approximately 8,500' long by 12' wide linking the City's existing trail system to the University of Southern Colorado and the surrounding neighborhoods. The soft surface trail will be constructed with 8" of compacted Class 6 gravel and topped with 3" of crusher fines material. The trail project will also include a series of culverts that will span a distance of approximately 100' across a major drainage area. The estimated cost of the project is $200,000. The University has also committed an additional $20,000 towards the second phase of the project, which will consist of installing concrete along this trail. The paving of this trail (Phase II) is contingent upon the City applying for, and receiving, a CDOT Enhancement grant. The University may sell a portion of their property adjacent to the golf course for future development, at that time, the City may require the developer to fund the paving of the trail within the future development area. In order for the City to enter into a grant agreement with the Colorado Department of Transportation for these funds, the City has to enter into the attached agreement and easement with the University of Southern Colorado. The attached agreement allows the City to construct a trail on the campus of the University. The attached easement allows the City to construct a trail on property owned by the University adjacent to the Walking Stick Golf Course. FINANCIAL IMPACT None at this time. Once the City accepts and records these easements, the City will enter into an agreement with Colorado Department of Transportation. At that time, the City will be obligated to provide a $20,000 cash match for this project (Project No. PL 0003). Resolution #9538 1111111111111111111111111111111111111111111111111111111 03/01 769 2:03P ChrisC.Muno2 Pueb1oCtYC1k &Rec EASE R 20.00 0 0.00 RECREATIONAL TRAIL EASEMENT AGREEMENT THIS AGREEMENT is made and entered into this _14� day of yJQ C Q At — 200 1 by and between the State Board of Agriculture on behalf of the University of Southern Colorado, hereinafter referred to as the Grantor, and the CITY OF PUEBLO, a municipal corporation, existing under the laws of the State of Colorado, hereinafter referred to as the Grantee. In consideration of the mutual covenants set forth herein, the parties hereto agree as follows: 1. The Grantor hereby creates, grants and conveys to Grantee, its successors and assigns, a perpetual non - exclusive easement 30 feet in width over and across Grantor's real property located in Pueblo County, Colorado and more particularly described in attached Exhibit A (the "Easement"), which is incorporated herein by reference, for use as a public non - motorized recreational trail ( "Trail ") and for no other purpose. 2. The Grantor acknowledges receipt from Grantee of consideration for such easement the sum of Ten Dollars ($10.00), plus other good and valuable consideration. 3. The Grantee agrees that it shall construct and install the Trail in a good and workmanlike manner utilizing access ways and routes over Grantor's other property reasonably approved by Grantor and in a manner reasonably calculated to minimize damage to or interference with the use, development, or occupancy of adjacent property; that after the Trail is completed it shall clear the adjoining property of all maintenance debris and restore the adjoining property as near as possible to its previous condition, and that the Trail shall be maintained in reasonably good condition and repair. 4. The parties by entering into this Agreement, do not waive or intend to waive by any provision of this Agreement any rights, immunities, conditions or protections under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., as it may from time to time be amended, or otherwise available or provided under any other law to the parties and their respective officers, employees or agents. 5. The Easement is granted subject to all easements, rights of way, and other matters of record. The Grantor makes no warranties or representations as to matters of title. 6. The Grantor reserves the right to use, or authorize others to use, the property included within the Easement for purposes consistent with the use authorized here. After the date of this Agreement, the Grantor shall not make or authorize any use 1 IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 03/01/2002 @ 12:03P ChrisC.Munoz Pueb1oCtyC1k6Rec EASE R 20.00 D 0.00 of the property included within the Easement which is inconsistent with or unreasonably interferes with the use authorized herein. 7. Grantor shall have the right to relocate the Easement and Trail in connection with any subdivision or development of the property adjacent to or upon which the Easement is located. The relocated Trail shall connect with the balance of the original Trail in an appropriate alignment. The Grantor shall pay the cost of relocating and reconstructing the Trail in accordance with the specifications for the initial Trail. Grantor shall execute and deliver to Grantee an easement for the relocated Trail and Grantee shall execute and deliver to Grantor all documents necessary to vacate the Easement in its prior location. If authorized by the City Council of Grantee at the time of approval of any such subdivision, all cash in lieu of land dedication paid by the subdivides of such subdivision pursuant to section 12- 4 -7(c) of the Pueblo Municipal Code shall be made available to Grantor for the cost of relocating and reconstructing the Trail. 8. The Grantee shall be allowed to install signs on the Trail in form reasonably acceptable to the Grantor, so as to indicate the location of the Trail, the existence of private property, prohibited uses, and directions. 9. This Agreement shall run with the property included within the Easement and be binding upon the parties, their respective heirs, successors and assigns. 10. This Agreement shall be recorded in the office of the Pueblo County Clerk and Recorder. IN WITNESS WHEREOF, the parties have executed this Agreement as the date first written. GRANTOR: University of Southern Colorado BY: G, erf� NAME: Robert E. lennen, Interim President STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this . — I -41 day of UCH -) , 2001 by RobCrE- I F- Cq IC nne .✓) My Commission Expires: �Yl d 5 2 OO S T;'••uy, ITNESS: My hand and official seal. Notary Public '.1 4 1 1 rF QF Gn ,off ` . �nt fit I IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 30 30002 � Pa g e : 12:03P Chris C.Muncz Pueb10CtyC1k &Ree ERSE R 20.00 0 0.00 GRANTEE: BY: NAME: STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 27th day of February!. On X _ k by MirhaRl Orrhiata, Pre sident of City Council. My Commission Expires: s -21- not My hand and official seal. TA & tary Public J ' ' • �O 9T OF My Commission Expires 08121!2003 U:\jschmidt%USCTrail Easement.wpd 3 4� 142769@ I IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 03 /2002 12:03P ChrisC.Munoz PUehl0CtYC1k&ReC EASE R 20.00 0 _. _ EX141BIT A UNNERSITY OF SOUTRERN COLORADO PROPERTY PROPOSED TRAIL EASEMENT A, parcel of land being a portion of the NE 1/4 of Section 18 and a portion of the SW 1/4 of the NW 1/4 and a portion of N 1/2 of the SW 1/4 of Section 17 Township 20 South, Range 64 West of the Socth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado; to -wit, A 30 foot Trad'F,&W mcnt being 15 feet each side of the following desenW centerline: BEGINNING at a point on the west boundary line of the University of Southern Colorado from which the most westerly conger of seal west boundary line bears S 38 9 49'20" W (bearings line of the University of are based on the west boundary . Southern Colorado from the most westerly corner of said west boundary Line said point also being the southeast comer of University park Subdivision, 17th Filing monumented with allo. 5 rebar with 11/21 aluminum cap PI-S 30107 to the point where said west boundary intersect the west boundary line of walking Stick Golf Course monumented with allo. 4 rebar with a white plastic cap PLS 6128 to bear N 38049'20" E s KLH established on the plat of walking Stick Golf Course - Boundary Survey Prepar by $ngi=ring Consuttants Inc. dated November 21, 1990) a distance of 752.34 feet; thence S 36 E a distance of 120.29 feet; thence along the arc of a curve to the right 531.14 feet; having a central angle of 29 0 43'23" and a radius of 1025.00 feet a ist 3 ' of an a radius thence along the are of a curve to the left having a central angl of 100.00 feet a dlstamce of 150.19 feet;' thence N 86 0 57 1 50" E a distance of 132.9 feet to a point 15.00 feet West of the west boundary of Walking Stick Golf Course; the following seven (7) courses parallel to and 15.00 feet Westerly and Southerly of the boundary of Walking Stick Golf Course and the Enclave at Walking Stick: 1) S 03 W a distance of 64.71 feet 2) S 40°22' 54" E a distance of 151.44 feet 3) S 80 °1610" E a distance of 148.52 Beet 4) S 41 E a distance of 209.29 Beet 5) N 88 9 49 1 25" E a distance of 243.83 feet of 27 °21' 17" and a radius 6) along the arc of a cum to the right having a central angle of 525.00 feet a distance of 250.65 feet of way Lime of 7) S 63 1, 49' 1 8" E a distance p of 128.04 feet to a on the westerly right Walking Stick Boulevard being the POINT OF TERMINUS. Said parcel contains 1.468 Acres more or less. Be it understood that the sides of above described Trail Easement be extended and shortened to intersect the west boundary litre of the University of Southern Colorado. gANDy . F- S PLS 22101 DATE 5 'd ZLSO DS 61L ON KU DNiNVId LID o199nd NY L1:6 GH 10-S -,LOO ' Resolution #9538 IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 03% 20 03 22 12:03P ChrisC.Munoz Pueh1oCtyC1k&R AGREE R 25.00 D 0.00 AGREEMENT THIS AGREEMENT entered into this ?fi day ofl * , 2001, by and between Pueblo, a municipal corporation (the "City ") and the State Board of Agriculture by and for the benefit of the University of Southern Colorado (the "University "). RECITALS A. City made application to the Colorado Department of Transportation ( "CDOT ") as the sponsor for funding to construct, install and complete a recreational trail for pedestrian and non - motorized vehicle traffic (the "Trail ") within the City and crossing the campus of the University (the "Project "). B. CDOT and City have or will enter into a Grant Agreement whereby CDOT will make available $160,000 to the City for the completion of the Project ( "Grant Agreement "). C. The Grant Agreement requires the City to operate and maintain the Project in a reasonable state of repair for the purposes specified in the Project Application for at least 20 years in accordance with generally accepted standards in the bicycle /pedestrian community ( "Maintenance Obligations "). The Grant Agreement requires reasonable access to the members of the public to the Project. D. A portion of the Project will be located on the main campus of the University (the "Campus Property ") in the general location shown on Exhibit A. E. University has committed $40,000 in matching funds to the City to assist in funding Project construction costs for that portion of the Project located on the Campus Property. F. Pursuant to C.R.S §29 -1 -203, the City and the University are entering into this Agreement to cooperate in the completion of the Project. NOW, THEREFORE, in consideration of the foregoing Recitals, City's acceptance and execution of the Grant Agreement, and the mutual covenants contained herein, City and University agree as follows: 1. City, subject to approval of a resolution by City Council authorizing the acceptance and execution of the Grant Agreement, will execute the Grant Agreement I IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III VIII IIII IIII 03/ 20002 12:03P Chri$C.Munoz Pumb10CtyC1k&Reo AGREE R 23.00 D 0.00 with CDOT for the construction, installation and completion of the Project. University_ will permit and allow the Project to be constructed and installed on the Campus Property and cooperate in such construction and installation. The exact location and design specifications of the Trail and all signage threfore on the Campus Property shall be subject to the reasonable approval of the University. City shall cooperate with University in installation and construction to avoid interference with University operation and access. The City shall complete that portion of the Project on the Campus Property not later than June 30, 2003. 2. University will continuously for a period of at least twenty (20) years after completion of the Project on the Campus Property: (a) Authorize and allow the public, including the residents of the community of Pueblo, to have access to and use the Project located on the Campus Property subject to reasonable rules and regulations established by University; and, (b) Assume and perform the Maintenance Obligations, i.e., University will maintain in good condition and repair the portion of the Project located on the Campus Property for the purposes specified in the Project Application in accordance with generally accepted standards in the bicycle /pedestrian community. 3. Payment by the University to the City will be made within 30 days after completion of that portion of the Trail located on the Campus Property, but no earlier than July 1, 2002. 4. City shall have no obligation or liability with respect to or arising out of the Project located on the Campus Property, or the use thereof by any person, except during the initial construction, installation and completion of the Project. University shall have no obligation or liability with regard to or arising out of the design, construction or installation of the Project by the City. 5. The parties by entering into this Agreement, do not waive or intend to waive by any provision of this Agreement any rights, immunities, conditions or protections under the Colorado Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., as it may from time to time be amended, or otherwise available or provided under any other law to the parties and their respective officers, employees or agents. 6. Colorado law applies to the interpretation and enforcement of this Agreement. 7. Any provision of this Agreement which imposes upon University any financial obligation to be performed in any fiscal year subsequent to the year of execution of this Agreement is expressly made subject to funds for such financial obligation being appropriated, budgeted, and otherwise made available in the sole discretion of the University. FA IIIIII VIII IIIIII VIII IIII IIIIII (VIII III VIII IIII (III 0 03/01/2002 12:03P ChrisC.Munoz PuebloCtyClkSRec AGREE R 25.00 D 0.00 8. The University reserves the right to relocate that portion of the Project located on the Campus Property, provided that the Trail, as relocated, shall connect with the balance of the Trail in an appropriate alignment. The University shall pay the cost of relocating and reconstruction that portion of the Project located on the Campus Property in accordance with the initial specifications for the Trail. Further, the University grants to the City no right or interest in the real property upon which the Trail is located upon the Campus Property and reserves all rights, title and interest thereto. The City's rights shall be limited to the enforcement of the contractual obligations of the University set forth in this Agreement. In any action arising from this Agreement, the prevailing party shall be entitled to recover its reasonable costs and attorneys' fees. 9. If any provision of this Agreement, or the application thereof is found to be invalid, the remainder of the provisions of this Agreement, or the application of such provision other than those as to which it is found to be invalid, shall remain in full force and effect. 10. Except as expressly provided herein, this Agreement constitutes the entire agreement of the parties. No oral understanding or agreement not incorporated in this Agreement shall be binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment to this contract, approved by and signed by the parties in this Agreement. 11. The City and University hereby acknowledge and agree that this Agreement is intended only to cover the relative rights and obligations between the City and University, and that no third party beneficiaries are intended. 12. Each party hereto has reviewed and revised (or requested revisions of) this Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be resolved against a particular party shall not be applicable in the construction and interpretation of this Agreement. 13. The relationship between the parties is purely contractual, each party is acting as an independent contractor in its separate capacity, and not as an officer, employee or agent of the other party. 14. University acknowledges receipt of a copy of the Grant Agreement and Project Application. 3 111111 10111111 03 0? 20002 12:03P ChrisC.Munoz Pueb1oCtyC1k&Rec AGREE R 25.00 D 0.00 Executed as of the day and year first above written. PUEBLO, a Municipal Corporation President of City Council 1. By: 4 ' mac,# t 13r*I Clerk .f U:ljsch midtlUSCAg reeement.0 DOT.wpd The STATE BOARD OF AGRICULTURE by and for the benefit of the University of Southern Colorado By: i Robert E. Glennen, Interim President 4 I lol 1427691 II 1111111111111111 lllillllllllllllllll Page: 5 of 5 ChrisC.Muncz PuebloCtyClkLRec AGR IIII IIII 0 3/01/2002 12:03P -- -_ REE R 25.00 D 0.00 SOUTHERN C O L O R A D O 1 -25 Exit 101 at U.S. 50. East to the University of Southern Colorado • w Pao • WATER • TOWERS io 27 m Cp p/ l p pp HWY 97 i� \ B4Rr, i / 4C4Mps4 V D/ ]. CRS �TY E,