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HomeMy WebLinkAbout09539RESOLUTION NO. 9539 A RESOLUTION APPROVING A 30 -FOOT AND AN 80 -FOOT RECREATION TRAIL EASEMENT AND RIGHT OF WAY BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO HOME DEVELOPMENT COMPANY, LLC, 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 easements between the City of Pueblo and the Pueblo Home Development Company, LLC, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved: (a) A 30 foot Recreational Trial Easement and Right of Way dated February 8, 2002 relating to the City's trail system to be located on property owned by the Pueblo Home Development Company. (b) An 80 foot Recreational Trial Easement and Right of Way dated February 8, 2002 relating to the City's trail system to be located on property owned by the Pueblo Home Development Company. SECTION 2. The President of the City Council is authorized to execute and deliver the Easements 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 GurulP CO ILPERSON APPROVED: �52� PRESIDENT OF THE CITY COUNCIL ATTESTED BY: CI CLERK P) 0 LD Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JANURARY 28, 2002 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH TITLE A RESOLUTION APPROVING A 30 -FOOT AND AN 80 -FOOT RECREATION TRAIL EASEMENT AND RIGHT OF WAY BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND THE PUEBLO HOME DEVELOPMENT COMPANY, LLC, RELATING TO THE CITY'S TRAIL SYSTEM AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME I RPM N Should City Council approve a 30 -foot and an 80 -foot Recreational Trail Easement and Right of Way between the City of Pueblo and the Pueblo Home Development Company, LLC., 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 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. 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 easements with the Pueblo Home Development Company, LLC. These easements will allow the City to build the trail across two parcel of land, both owned by the Pueblo Home Development Company, that separate the City's property and the University's property, east of 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). 1 4 Resolution #9539 1111111111111111111111111111111111111111111111111111111 340 /26922 ChrisC.Munoz PuebloCtyClk&Rec EASE R 15.00 D 0.00 RECREATIONAL TRAIL EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this Q] +k day of fGbrJa. K' Y 2002, by Pueblo Home Development Company, LLC, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, a perpetual eighty (80) foot easement and right of way for the purpose of a public non - motorized recreational trail in, through, over, under, and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit A. Grantor further grants to Grantee the right to enter upon said property for the purpose of construction, maintenance, control, replacement and repair of the recreational trail together with the right to use so much of the adjoining property of Grantor for said purposes. Grantee shall have the right to remove buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession of the easement and right of way against all persons who may lawfully claim title to the property. This easement and right of way shall b inding upon, and shall inure to the benefit of the heirs, personal representatives, successor igns f GGr for and Grantee. SIGNED this of l C 2002. Grantor: PUEBLO HOME DEVELOPMENT COUNTY OF PUEBLO ) ss STATE OF COLORADO ) The foregoing instrument was acknowledged bef by Barbara O'Connell, as managing member of Pueblo Witness my hand and official eal. Q gommission expire 11, q r t 51 : * ''•,�< +! Gtr / 002 03P COMPANY, LLC 1111111111111111111111111111111111111111111111111111111 0 20 0 2 12:03P Chr R 15.00 D 0.00 PUEBLO HOME DEVELOPMENT COMPANY, LLC RECREATIONAL TRAIL EASEMENT & RIGHT OF WAY PARCEL A A parcel of land being a portion of the NE 1/4 of Section 18, Township 20 South, Range 64 West of the Sixth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado; to -wit, An 80 foot Recreational Trail Easement and Right of Way being 40 feet each side of the following described centerline: COMMENCING at a point on the west boundary line of the University of Southern Colorado from which the most westerly corner of said west boundary line bears S 38 0 49'20" W (bearings are based on the west boundary line of the University of Southern Colorado from the most westerly comer of said west boundary line said point abo being the southeast comer of University Park Subdivision, 17th Filing monumented with a No. 5 rebar with 1 1/2" aluminum cap PLS 30107 to the point where said west boundary intersect the west boundary line of Walking Stick Golf Course monumented with a No. 4 rebar with a white plastic cap PLS 6128 to bear N 38 °49'20" E as established on the plat of Walking Stick Golf Course - Boundary Survey prepared by KLH Engineering Consultants Inc. dated November 21, 1990) a distance of 726.52 feet; thence N 36 °42'33" W a distance of 142.91 feet to a point on the south line of Parcel E as described in that Special Warranty Deed filed for record September 6, 1995 in the records of the Pueblo County Clerk and Recorder being the POINT OF BEGINNING; thence the following three (3) courses along the centerline of said Recreational Trail Easement and Right of Way: 1) N 36 0 42'33" W a distance of 252.82 feet along the arc of a curve to the right having a central angle of 22 0 43'57" and a radius of 350.00 feet a distance of 138.86 feet 3) N 13 0 58'36" W a distance of 100.00 feet to the point of intersection of the centerline of Sunflower Drive and the southerly line of University Park Subdivision, Fifth Filing according to the recorded plat thereof being the POINT OF TERMINUS. 2) Said parcel contains 0.903 Acres more or less. Be it understood that the sides of above described Recreational Trail Easement and Right of Way be extended and shortened to intersect the south line of said Parcel E. PARCEL B A parcel of land being a portion of the NE 1/4 of Section 18, Township 20 South, Range 64 West of the Sixth Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado; to -wit, I IIIIII IIII) IIIIII (IIII IIII IIIIII IIIIII III IIIII IIII IIII 3 200022 12:03P ChrisC.Munoz Pumb1oCtYC1k &Rec EASE R 15.00 D 0.00 An 80 foot Recreational Trail Easement and Right of Way being 40 feet each side of the following described centerline: BEGINNING at a point on the west boundary line of the University of Southern Colorado from which the most westerly corner of said west boundary line bears S 38 0 49'20" W (bearings are based on the west boundary line of the University of 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 a No. 5 rebar with 1 1/2" aluminum cap PLS 30107 to the point where said west boundary intersect the west boundary line of Walling Stick Golf Course monumented with a No. 4 rebar with a white plastic cap PLS 6128 to bear N 38 °49'20" E as established on the plat of Walking Stick Golf Course - Boundary Survey prepared by KLH Engineering Consultants Inc. dated November 21, 1990) a distance of 726.52 feet; thence N 36 °42'33" W a distance of 142.91 feet to a point on the south lire of Parcel E as described in that Special Warranty Deed filed for record September 6, 1995 in the records of the Pueblo County Clerk and Recorder being the POINT OF TERMINUS. Said parcel contains 0.262 Acres more or less. Be it understood that the sides of above described Recreational Trail Easement and Right of Way be extended and shortened to intersect the west boundary line ofthe University of Southern Colorado and the south lure of said Parcel E. RR Z4 SS PLS DATE , / 200 Z- Resolution #9539 1111111111111111111111111111111111111111111111111111111 Page: of 2 03P ChrisC.Munoz Pueb1oCtyC1k &Reo EASE R 10.00 D 0.00 RECREATIONAL TRAIL EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this QJ �` day of Ti6 rom fY , 2002, by Pueblo Home Development Company, LLC, Grantor, to Pueblo, a Municipal corporation, Grantee: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor hereby grants, sells and conveys to Grantee, its successors and assigns, a perpetual thirty (30) foot easement and right of way for the purpose of a public non - motorized recreational trail in, through, over, under, and across Grantor's property situated in Pueblo County, Colorado, described in the attached Exhibit A. Grantor further grants to Grantee the right to enter upon said property for the purpose of construction, maintenance, control, replacement and repair of the recreational trail together with the right to use so much of the adjoining property of Grantor for said purposes. Grantee shall have the right to remove buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and to the property and full power to grant this easement and right of way, and (b) will defend Grantee's quiet and peaceful possession of the easement and right of way against all persons who may lawfully claim title to the property. This easement and ri t of way shall binding upon, and shall inure to the benefit of the heirs, personal representatives, successorso assign of G antor / and Grantee. SIGNED this day of f � g 2002. HOME DEVELOPMENT COMPANY, LLC s COUNTY OF PUEBLO ) Name: STATE OF COLORADO ) ss ' Title: 1 The foregoing instrument was acknowledged before bl by Barbara O'Connell, as managing member of Pueo Ho I Witness my hand and official s al. _ 5 S 1 1�,pommission expire - ttt +tlf p _ otary •; � ° '� Tq E 04 G �y of LLC. 2002 EXHIBIT A O'CONNEL PROPERTY PROPOSED TRAIL EASEMENT EXTENSION A parcel of land being a portion of the NE 114 of Section 18, Township 20 South, Range 64 West of the Sbdh Principal Meridian, located within the City of Pueblo, County of Pueblo, State of Colorado; to -wit, A 30 foot Trail Easement being 15 feet each side of the following described centerline: BEGINNING at a point on the east boundary line of University Park Subdivision, .17th Filing according to the recorded plat thereof from which the southeast corner of said University Park Subdivision, 17th Filing bears S 07°28'43" W (bearings are based on the west boundary line of the University of Southern Colorado from the most westerly corner of said west boundary lice said point also being the southeast comer of University Park Subdivision, 17th Filing monumented with a No. S rebar with 11/2" ahnnium cap PLS 30107 to the point where said west boundary intersect the west boundary line of Walling Stick Golf Course monuawated with a No. 4 rebar with a white plastic cap PLS 6128 to bear N 38°49 E as establ'nsbed on the plat of Walking Stick Golf Coarse - Boundary S urvey p by ICLH F. ring Consultants Inc. dated November 21, 1990) a distance of 605.73 fern thence N 70 a distance of 252.95 feet to a point on the proposed west right of way line of Sunflower Drive-being the POINT OF TERMINUS. Said parcel contains 0.175 Acres more or less. Be it understood that the sides of above described Trail Easement be extended and shortened to intersect the east boundary line of Umversky Park Subdivision, 4th Fr"Img and 17th Filing and the proposed west right of way live of Sunflower Drive. /UG. 4 BANDY S PLS 22101 DATE IIIIII VIII IIIIII (IIII IIII IIIIII IIIIII III VIII IIII IIII 0 40 693 22 :03P ChrizC.Munoz PumbloCtyCl Mec EASE R 10.00 D 0.00