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Home My WebLink About10119RESOLUTION NO. 10119 A RESOLUTION APPROVING AND ACCEPTING A GRANT OF A NON - EXCLUSIVE TEMPORARY INGRESS AND EGRESS EASEMENT FROM GERALD LITVACK FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement for the purchase of a temporary non - exclusive ingress and egress easement dated April 26, 2004, between Gerald Litvack relating to the Arkansas River Legacy Project, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Agreement together with all other documents associated therewith 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 3. Funds in the amount of $4,800.00 for the purchase of the temporary ingress and egress easement are available and will be expended from Project Account No. AL0201. INTRODUCED May 10, 2004 BY Michael Occhiato �O- -ffl &!!g �. =7 Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: MAY 10, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING AND ACCEPTING A GRANT OF A NON - EXCLUSIVE TEMPORARY INGRESS AND EGRESS EASEMENT FROM GERALD LITVACK FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH ISSUE Should City Council approve the purchase of a Non - Exclusive Temporary Ingress and Egress Easement from Gerald Litvack relating to the Arkansas River Corridor Legacy Project? RECOMMENDATION Approval of the Resolution. The City is required to secure an Ingress and Egress Easement from Gerald Litvack in order to construct, operate and maintain the improvements that are part of the Army Corps of Engineers Arkansas River Habitat Restoration Project. The non - exclusive temporary ingress and egress easement from Gerald Litvack covers a .15 -acre area east of the Transit Mix Batch Plant and north of State Highway 96. The easement is being granted to the City and to Colorado Department of Natural Resources for the benefit of Colorado State Parks. The easement is granted for a four -year term with two additional renewal terms of four years each. 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 prey owners. FINANCIAL IMPACT The cost of $4,800.00 for the Litvack easement would be paid from the Arkansas River Legacy Capital Project Account number AL0201. See the Legacy Project Recap below and the attached Arkansas River Legacy Project Budget. Resolution #10119 1570325 Page: I of IIIIII VIII IIIIII IVIII IIII IIIIII IIIII III IIIII IIII IIII 06/11/2004 10:57A ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 31.00 D 0.00 AGREEMENT This Agreement is made between Gerald Litvack ( "Grantor ") and the City of Pueblo, Colorado, a Municipal Corporation and the Colorado Department of Natural Resources for the benefit of the Colorado Division of Parks and Outdoor Recreation ( "Grantees "). WITNESSETH: In consideration of the mutual promises of the parties, it is agreed as follows: 1. Grantor grants to Grantees, a non - exclusive temporary right of way for road across the lands of Grantor described in Exhibit A and as further depicted and described in Exhibit B, Arkansas River Fisheries Habitat Restoration, Right of Way Plan, Sheet 19 attached hereto and incorporated herein by reference, for the following purposes: A. Ingress and egress to Grantees property to construct, install, operate, monitor, maintain, repair, alter, rehabilitate, remove, and replace the improvements and restoration features of the Arkansas River Fisheries Habitat Restoration Section 206 Project. B. Ingress and egress to properties owned or leased by the Grantees. C. The non - exclusive temporary right of way shall be limited to the employees, agents, contractors, and subcontractors of the Grantees, which does not include public access. 2. This non - exclusive temporary right -of -way shall continue for a period of four years. If either of the Grantees purchase the property to the east of Grantor's property between the Arkansas River and the Denver and Rio Grande Railroad right -of -way during the term of this easement, they shall grant an easement for Grantor to access Grantor's east pasture. 3. Grantees shall pay Grantor the sum of Four Thousand Eight Hundred Dollars ($4,800.00) on execution of this Agreement for the first four -year term of the Agreement. The non - exclusive temporary right -of -way, including all of its terms and provisions, shall be automatically renewed for not to exceed two additional periods of four years each or a total of twelve years. The renewal shall be contingent on the payment of the four -year fee which shall be renegotiated prior to the end of each four -year period. This non - exclusive temporary right of way shall cease at the expiration of the last renewal period. 4. The Grantees shall, insofar as they legally may, indemnify, hold harmless and defend the Grantor against any claim or liability including reasonable attorney's fees and court costs arising from acts or omissions of the Grantees, their officers, directors, employees, agents, contractors or subcontractors in connection with the use authorized by this Agreement. Notwithstanding anything contained herein to the contrary, all liability of Grantees shall be subject to the limits contained in the provisions of the Colorado Governmental Immunity Act. 5. At no time shall Grantees' use of this easement block or interfere with Grantor's use of his driveway from the highway to his home or to any portion of his property. Any such blocking or interference shall be grounds to terminate this easement. Be I IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII 657@326 ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 31.00 D 0.00 6. Grantees shall repair all damage to the access easement and right of way caused by Grantees, their employees, agents, contractors and subcontractors, and during the period when the easement r emains in effect, shall maintain the access easement is substantially the same condition as it exists on the date of this instrument. Upon expiration of this temporary access easement and right of way, including all renewal periods, Grantees shall relocate the wire fence presently located on the north side of the access easement to such location on the south side of the access easement as Grantor may direct. EXECUTED this 'day of �%/11 N , 2004. GRANTOR: B c ' / (:- k Gerald Litvack COUNTY OF Pu e-b 1 o STATE OF Colorado ) ss. The foregoing instrument was acknowledged before me this 9 t ti day of J u l,. , 2004, by 6 e ra I d L v �a c_k.. and Sco Ho bs o y, expires: 41a & k S Notary Public r • c. •;• ��, •c �• ,.. ,. ff ffffl pl NTYt111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fi57032657A ChrisC.Munoz Pueb1OCtyC1k4Rec AGREE R 31.00 D 0.00 ACCEPTANCE - - The foregoing Grant of Temporary Right of Way is accepted by the City of Pueblo, a Municipal CA,z?6&tioi><� accordance with its terms. y t� CITY OF PUEBLO, a Municipal Corporation ATTT` By _ City Cl = 11JJ Pr sident the City Council ,. COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing Acceptance was acknowledged before me this 11th day of May 2004 by Randy Thurston , President ofthe City Council ofPueblo, and by Gina Dutcher , its City Clerk. My commission expires: 8 -21 -2007 ;�G op IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII IIII 6570326 ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 31.00 D 0.00 ACCEPTANCE - - The foregoing Grant of Temporary Right of Way is accepted by the State of Colorado Department of Natural Resources for the benefit of the Colorado Division of Parks and Outdoor Recreation, in accordance with its terms. STATE OF COLORADO DEPARTMENT OF NATURAL RESOURCES for the benefit of the Colorado Division of Parks and Outdoor Recreation By w4FA Dir ,Col rado Divisl of Parks and Outdoor Recre tion COUNTY OF DENVER ) ss. STATE OF COLORADO ) IL The foregoing Acceptance was acknowledged before me this 2q day of M G 2004 by Ly Ic Lave V Director of the Colorado of Parks and Outdoor Recreation. My Commission 13aph= Match 19, 2007 My commission expires: [SEAL] 6, ,*C� a4ot� Notary Pu c GO ��````O� GRE QRA $ 6 O Z 0O �h11111111100 n ,. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 657@326S7A EXHIBIT A ChrisC.Munoz PuebloCtyClk &Rec AGREE R 31.00 D 0.00 LEGAL DESCRIPTION TEMPORARY EASEMENT 203 ARKANSAS RIVER HABITAT RESTORATION PROJECT A TEMPORARY EASEMENT LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN, PUEBLO COUNTY, COLORADO, BEING 15 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 32 (A 3 -1l4" ALUMINUM CAP, PLS 34587) THENCE NORTH 72 °18'05" WEST A DISTANCE OF 1,559.27 FEET TO A POINT ON AN EXISTING ACCESS ROAD, THE POINT OF BEGINNING; THENCE ON THE ARC OF A NONTANGENT CURVE TO THE RIGHT A DISTANCE OF 187.93 FEET, SAID CURVE HAS A RADIUS OF 309.86 FEET, A CENTRAL ANGLE OF 34 °45'01" AND A LONG CHORD THAT BEARS NORTH 36 0 15'22" EAST A DISTANCE OF 185.07 FEET; THENCE NORTH 53 0 47'52" EAST A DISTANCE OF 30.69 FEET TO A POINT ON AN EXISTING ACCESS ROAD (THE SAID SOUTHEAST CORNER OF SECTION 32 BEARS SOUTH 64 "36'29" EAST A DISTANCE OF 1,495.75 FEET); WITH SIDELINES EXTENDED OR SHORTENED TO INTERSECT PERMANENT EASEMENT 201 E AND PERMANENT EASEMENT 204 OF THIS PROJECT. SAID TEMPORARY EASEMENT IS FOR INGRESS AND EGRESS AND CONTAINS 0.15 ACRES (6,651 SQUARE FEET) AS DESCRIBED. BEARINGS ARE BASED ON THE STATE PLANE GRID BEARING FROM MONUMENT JK 1392 (A STANDARD 4 9 (A STANDARD AZIMUTH MARK DISK STAMPED "ARKA SAS 1949 ") BE SOU H MENT JK 81 0 23'51.2" WEST. AEnv"oq"dMa � t i..2 - mu J1 : , v �a �' k•_' TO g N ^ 1 :. = , .�V R �''li ''4"• itiy9 �. as s' f :f i•+ y.�.I�.. .1 P. 1-.201 •Vatco, Inc.,N, E ,— A Colorado Car oration MOM f/4 SE1 /4 0 32 JF p..p Y OoE at1G 9 Y.Y4 � SH1L�L GRAPHIC 9CMX Continental Materials CorpI A Delaware Cornoraflonib Gerald Litvack Union Pacific Railroad IIIIII VIII IIIIII IIIIII IIII IIIIII VIII III VIII IIII I 657 of 6 III Iii ChrisC.Munoz Pueb1oCtyC1k &Rec AGREE R 31.00 D 0.00 ST Hfyj; �1 11VILSOIII RESTORATION r PHASE TWO &�CO� �PANY RIGHT OF WAY PLLA SHEET n.} oaf 161540 *Ad Nadu 19 J �t' It! Ifs •'$,_�•' � f' '1 fi f F•. 1��1 ^"i J.nYa a W& SE 1 /4 y•� y �... '.ros brae 32 S fy .< H H