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Home My WebLink About10044RESOLUTION NO. 10044 A RESOLUTION APPROVING THE PURCHASE OF A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY FROM WELLSPRING HARVEST MINISTRIES, INC. FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE AN ACCEPTANCE THEREOF AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The President of the City Council is hereby authorized to execute and deliver the acceptance of the attached Habitat Restoration Easement and Right of Way together with all other documents associated therewith, approved as to form by the City Attorney, in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2_ Funds in the amount of $1,155.00 are appropriated from Account No. 453- 9510- 600.30- 01 /A L0201. INTRODUCED January 26, 2004 X0 Michael Occhiato w, Councilperson PRES1 1 !L M Background Paper for Proposed RESOLUTION AGENDA ITEM it — I DATE: JANUARY 26, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING THE PURCHASE OF A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY FROM WELLSPRING HARVEST MINISTRIES, INC. FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE AN ACCEPTANCE THEREOF AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH ISSUE Should City Council approve the purchase of a Habitat Restoration Easement And Right of Way from Wellspring Harvest Ministries, Inc. relating to the Arkansas River Corridor Legacy Project? RECOMMENDATION Approval of the Resolution. BACKGROUND The City is required to secure an Easement and Right of Way deed from Wellspring Harvest Ministries, Inc. in order to construct, operate and maintain the improvements that are part of the Army Corps of Engineers Arkansas River Habitat Restoration Project. The Wellspring Harvest Ministries easement covers a .77 -acre area along the Arkansas River that is part of Wellspring's 6.22 -acre site, which contains their radio station tower. The City is purchasing the easement for $1,155.00 dollars. Since this project is utilizing federal funds through the U.S. Army Corps of Engineers, the City has followed federal acquisition standards in determining the value of the property and fair market compensation to the property owners. FINANCIAL IMPACT The cost of $1,155.00 for the Wellspring Harvest Ministries, Inc. easement would be paid from account 453 - 9510 - 600.30 -01 in the Arkansas River Legacy Capital Project Account number AL0201. The City will be required to maintain the habitat improvements within these easement areas following completion of the project. The following breakdown shows the funds that have been reimbursed by project partners through December 31, 2003: Resolution N0. 10044 GRANT OF EASEMENT AND RIGHT OF WAY THIS EASEMENT AND RIGHT OF WAY is granted this 22nd day of March 2004 by Wellspring Harvest Ministries, Inc. ( "Grantor ") to the City of Pueblo, Colorado, a Municipal Corporation ( "Grantee "). WITNESSETH: FOR AND IN CONSIDERATION of the sum of One Thousand One Hundred Fifty -Five Dollars ($1,155.00) paid to Grantor by the Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration, Grantor does hereby grant, sell and convey unto Grantee, its successors and assigns, a perpetual and assignable easement and right of way over, under and across the lands of Grantor described in Exhibit A attached hereto and incorporated herein by reference, to construct, install, operate, monitor, maintain, repair, alter, rehabilitate, remove, and replace improvements and restoration features of the Arkansas River Fisheries Habitat Restoration Section 206 Project, including but not limited to: (a) plantings; (b) modifications and other improvements within and adjacent to the river channel for grade control, channel and bank stabilization purposes; (c) fish and wildlife habitat improvements and other ecosystem improvements including the placement of materials or structures in the bed or banks of the river that influence stream velocity or channel form; and (d) the removal or placement of gravel, cobbles, boulders, and other structures or conveyances to recharge or maintain flow to existing wetlands; all as generally described in the Final Ecosystem Restoration Report and Environmental Assessment dated September 2001, a copy of which is contained in the records of the City Clerk of the City of Pueblo (1 City Hall Place, Pueblo, CO 81003) pertaining to Ordinance 6806, and as further depicted and described in Exhibit B, Arkansas River Fisheries Habitat Restoration, Index ofDrawings, Plates 10, attached hereto and incorporated herein by reference. TO HAVE AND TO HOLD said easement and right of way unto Grantee, its successors and assigns in perpetuity, subject to existing easements for public roads and highways, public utilities, railroads and pipelines. EXECUTED this 2 2 Un ATTEST: GRANTOR: WELLSPRING HARVEST MINISTRIES, INC. ow . %4� -4 . 1558154 1111111111111111111111111111111111111111111111111111111 03/31 /200410: ChrisC.Munoz PuebloCtyClk &Rae R 0 W R 21.00 D 0.00 day of &k a 1^c h 2004. -I- COUNTY OF Puebl ) ) ss. STATE OF Colorad ) The foregoing instrument was acknowledged before me this 7-2• day of L4tCWC k 2004, by 19 (f eh /-( • j8 j C& C1 and NeCr da W- M i o �N,,, commission expires: 4 d 00 � 0 Notary Public ACCEPTANCE as cp; re 1n grant of Easement and Right of Way is accepted by the City of Pueblo, a ie� al t h, reprdance with its terms. ATT4� City tSrk CITY OF PUEBLO, a Municipal Corporation By President the City Council COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing Acceptance was acknowledged before me this r fh day of 2004 by Randy Thurston President ofthe City Council ofPueb , and by Gina Dutcher its City Clerk. My commission expires: g-21 _ ?n07 TNo ary Public A? 558154 0 ' <� i IIIIII VIII IIIIII VIII IIIIII IIII IIIIII III VIII IIII IIII 0 33E •.,Q ChrisC.Muncz Pueb1oCtYC1k&Rec R 0__W _ R 21.00 D 0.00 EXHIBIT "A" LEGAL DESCRIPTION PERMANENT EASEMENT 205 ARKANSAS RIVER HABITAT RESTORATION PROJECT A PERMANENT EASEMENT LOCATED IN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, MORE FULLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 33 (A 3 -1/4" ALUMINUM CAP, PLS 34587), THENCE NORTH 01 0 33'22" EAST A DISTANCE OF 2,497.75 FEET TO THE POINT OF BEGINNING; THENCE NORTH 04 0 27'13" WEST A DISTANCE OF 241.35 FEET; THENCE NORTH 25 0 33'18" WEST A DISTANCE OF 164.25 FEET; THENCE SOUTH 56 °22'18" WEST A DISTANCE OF 140.72 FEET; THENCE SOUTH 33 0 37'42" EAST A DISTANCE OF 373.35 FEET TO THE POINT OF BEGINNING. SAID PERMANENT EASEMENT CONTAINS 0.77 ACRES (33,405 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM MONUMENT JK 1392 (A STANDARD HORIZONTAL CONTROL DISK STAMPED "ABRIENDO 1993 ") TO NGS MONUMENT JK 1409 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKANSAS 1949 ") BEING SOUTH 81 °23'51.2" WEST. THE PRECEDING LEGAL DESCRIPTION WAS PREPARED BY WALTER E. PACHAK, JR., P.L.S. NUMBER 28659 ON BEHALF OF WILSON & COMPANY, ARCHITECTS AND ENGINEERS FOR THE CITY OF PUEBLO, COLORADO. ;lAlTER E. PACHAK, JR., P.L. . 28659 DATED RE 28659 I iiiiii 111111111111111111111111 lill Iiiiii III iiiii lill lill 1558154 Page: 3 of 4 03/31/2004 10:33F 00 D 0.00 LL M R B . W m co O m ' /�/� Q N �Y Y/ O qam m m � N - 3 mmmm� O mmmm� K - Y V mmm� r - O m -�J � a mmm� N O C J - E - V N = L L U COLORADO DEPARTMENT OF TRANSPORTATION Project # Arkansas River Fisheries Habitat MEMORANDUM OF AGREEMENT Location North of Denver & Rio Grande Railroad Tracks and South of the Arkansas River between Stations 179 +25 and 183 +00 Parcel # PE205 This agreement made on m 4°3 is between the City of Pueblo, a Municipal Corporation (GRANTEE) for the purchase of the parcel(s) listed above from Wellspring Harvest Ministries, Inc. The amoun of money and /or compensation listed below is full consideration for the following land, easements, improvements and damages of any kind. Land (described in attached exhibits) $ 0.00 Permanent and Slope Easements (Described in attached exhibits) EXHIBIT "A" 0.77 acres $ 1,155.00 Temporary Easements(described in attached exhibits)EXHIBIT "B" N/A acres $ 0.00 Improvements None $ 0.00 Damages None $ 0.00 Gross total $ 1,155.00 Less credit $ 0.00 Net total $ 1,155.00 Other Conditions: None The GRANTOR and GRANTEE agree that: -with the exception of any Relocation Agreement there are no promises, terms, conditions, or obligations other than those listed on this agreement, -this contract is binding on both the GRANTOR and GRANTEE and their heirs, devisees, executors, administrators, legal representatives, successors, asssigns, and designees, but only after approval by City Council on behalf of Pueblo, a Municipal Corporation. -the compensation shown on this agreement is for the fee simple estate of the parcel described and damages of any kind. The GRANTOR: -will at the closing pay all taxes (including prorated taxes for the current year) and special assessments for the current year. -has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public purposes. -will execute and deliver to GRANTEE those documents indicated below. The GRANTEE: -will be entitled to specific performance of this agreement upon tender of the agreed consideration. -will be held harmless from any claims against the property or to any interest in the property, except for any benefits due under relocation law. -will make payment after receiving an acceptable deed from the GRANTOR -will take possession of the parcel(s) when it tenders payment to the GRANTOR unless other arrangements are made that follow Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended. —will prepare the following documents: Closing to be on or before January 21, 2004 ❑ Utility Easement ❑ General Warranty Deed ❑ w /Min. Resv. ® Permanent Easement ❑ Access Deed ❑ Slope Easement ❑ Full Release(s) Book/Page ❑ Temporary Easement No other documents required Partial Release(s) Book/Page ❑ Other (Specify) Title Company to prepare documents except Order Warrant $1,15 payable to: Wells ing Harvest Ministries at closin Right VWay agent n ) Grantor Signature X/ �- Grantor (if applicable) City of Pueblo proval Grantor (if applicable)