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
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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
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ChrizC.Munoz PumbloCtyCl Mec EASE R 10.00 D 0.00