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HomeMy WebLinkAbout10053RESOLUTION NO. 10053 A RESOLUTION APPROVING THE DONATION OF A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY FROM ROCKY MOUNTAIN STEEL MILLS CORPORATION FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE ALL 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 said 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. . The City Clerk is directed to record to Easement and Right of Way Deed in the office of the Clerk and Recorder of Pueblo County. INTRODUCED February 9, 2004 BY Michael Occhiato /� Councilperson APPROVED: i 4 PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION AGENDA ITEM # 4 DATE: FEBRUARY 9, 2004 DEPARTMENT: COMMUNITY DEVELOPMENTMIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING THE DONATION OF A HABITAT RESTORATION EASEMENT AND RIGHT OF WAY FROM ROCKY MOUNTAIN STEEL MILLS CORPORATION FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE ALL DOCUMENTS ASSOCIATED THEREWITH ISSUE Should City Council approve the donation of a Habitat Restoration Easement And Right of Way from Rocky Mountain Steel Mills Corporation relating to the Arkansas River Corridor Legacy Project? RECOMMENDATION Approval of the Resolution. The City is required to secure an Easement and Right of Way deed from Rocky Mountain Steel Mills Corporation in order to construct, operate and maintain the improvements that are part of the Army Corps of Engineers Arkansas River Habitat Restoration Project. The Rocky Mountain Steel Mills easement covers a 4.58 -acre area along the south bank of the Arkansas River east of the St. Charles Mesa Water District Diversion Dam. The City is obtaining the easement in order to remove non - native vegetation along the river and to replant the area with cottonwood trees and other native shrubs and vegetation. FINANCIAL IMPACT The easement has a value of $3,435.00 based on recently completed appraisals of properties along the Arkansas River. The value of the donation will be used as part of the City's matching funds for the Arkansas River Fisheries Habitat Restoration Project. The city will be required to maintain the habitat improvements within this easement areas following completion of the project. The following breakdown shows the funds that have been reimbursed by project partners through January 31, 2004: Reso. #10053 Project: Arkansas River Fisheries Habitat Restoration Location: East of Santa Fe Avenue along 1553274 I IIIIII VIII IIIIII VIII IIIIII VIII VIII III VIII IIII IIII Pa /7/2004 12: 51P Between Stations 83+00 to ChrisC.Munoz PuebloCtyClk &Rec EASE R 26.00 0 0.00 REAL PROPERTY DONATION The undersigned is the owner of the real property being acquired through a permanent easement acquisition by the City of Pueblo, Colorado, in connection with a Section 206 Aquatic Ecosystem Restoration Project - Arkansas River Fisheries Habitat Restoration Project Said real property is described as follows: SEE ATTACHED EXHIBIT A The undersigned has been advised of the right to receive, but do hereby decline the offer of just compensation for the above described real property and further agree to execute a deed of conveyance, vesting title to said real property in the name of the City. The real property conveyed will be free of all liens and encumbrances and is donated to the City and without compensation. ROCKY MOUNTAIN STEEL MILLS By: l� Name of Authorized Person Date: January 6, 2004 Reso. #10053 GRANT OF EASEMENT AND RIGHT OF WAY aoa4 THIS EASEMENT AND RIGHT OF WAY is granted this 9th day of February 2903 by Rocky Mountain Steel Mills ( "Grantor ") to the City of Pueblo, Colorado, a Municipal Corporation ( "Grantee "). WITNESSETH: FOR AND IN CONSIDERATION of the sum of Ten Dollars ($10.00) 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) removal of non - native plants; (b) plantings; (c) modifications and other improvements within and adjacent to the river channel for grade control purposes; 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 fiirther depicted and described in Exhibit B, Arkansas River Fisheries Habitat Restoration, Index of Drawings, Plates 19, 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. 2� EXECUTED this (o day of J CL n a. , GRANTOR: ROCKY MOUNTAIN STEEL MILLS B ICE P2ESIDe'nrr�/ (jtnlE I��INAC,E�Q ATTEST: IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 0 553274 51P Chr i I - Mun I PueI SRec EASE R 26.00 D 0.00 Chr isC.Munoz PuebloCtyClk _ __._. -I-