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Home My WebLink About10140RESOLUTION NO. 10140 A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR THE PURCHASE OF A TEMPORARY NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT FROM CONTINENTAL MATERIALS, INC., A DELAWARE CORPORATION FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A GRANT OF TEMPORARY INGRESS AND EGRESS EASEMENT BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement for the purchase of a temporary non - exclusive ingress and egress easement dated May 17, 2004, between the City and Continental Materials, Inc,. a Delaware Corporation relating to the Arkansas River Legacy Project and Grant of Ingress and Egress Easement, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Memorandum of 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 $990.00 for the purchase of the temporary ingress and egress easement are available and will be expended from Project Account No. AL0201. INTRODUCED June 14, 2004 BY Michael Occhiato Councilperson �&C_ -Y /() / q-0 t I ra Background Paper for Proposed RESOLUTION AGENDA ITEM # v( DATE: JUNE 14 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR THE PURCHASE OF A TEMPORARY NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT FROM CONTINENTAL MATERIALS, INC., A DELAWARE CORPORATION FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A GRANT OF TEMPORARY INGRESS AND EGRESS EASEMENT ISSUE Should City Council approve the purchase of a Temporary Non - Exclusive Ingress and Egress Easement from Continental Materials, Inc., a Delaware Corporation relating to the Arkansas River Corridor Legacy Project? RECOMMENDATION Approval of the Resolution. BACKGROUND The City is required to secure a temporary ingress and egress easement from Continental Materials, Inc. in order to construct the improvements that are part of the Army Corps of Engineers Arkansas River Habitat Restoration Project. The Continental Materials, Inc. temporary easement covers a .66 -acre area along the south side of the Arkansas River north of State Highway 96. The City is purchasing the temporary easement in the amount of $990.00 dollars which is for the term of one (1) year from the date construction starts or 30 days after completion of construction. 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 $990.00 for the Continental Materials, Inc. temporary ingress and egress easement would be paid from account 453 - 9510-000.30-01 in the Arkansas River Legacy Capital Project Account number AL0201. IIIIII VIII IIIIII IIII IIIIIII VIII IIII )III VIII IIII IIII 0 576603 ChrisC.Mun02 Pueb1oCtyC1kSRec EASE R 21.00 0 0.00 GRANT OF TEMPORARY EASEMENT AND RIGHT OF WAY THIS TEMPORARY NON - EXCLUSIVE EASEMENT AND RIGHT OF WAY is granted this _LA day of Ik] o, W 2004 by Continental Materials Corporation, a Delaware Corporation ( "Grantor ") to the City of Pueblo, Colorado, a Municipal Corporation ( "Grantee "). WITNESSETH: FOR AND IN CONSIDERATION of the sum of Nine Hundred Ninety Dollars ($990.00) 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 temporary non - exclusive access easement and right of way over, under and 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 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. TO HAVE AND TO HOLD said temporary non - exclusive easement and right of way unto Grantee, its successors and assigns for a period of one (1) year from the date construction starts or 30 days after completion of construction, whichever is earlier, subject to existing easements for public roads and highways, public utilities, railroads and pipelines. Reserving however to Grantor, its successors and assigns, all rights and uses of said property which do not interfere with or abridge the enumerated rights, easement and right of way hereby conveyed. IN WITNESS WHEREOF, the Grantor has executed this Easement as of the date first set above. GRANTOR: CONTINENTAL MATERIALS CORPORATION A DELAWARE CORPORATION si/ �_ COUNTY OF � t PQ -s ) ss. STATE OF L'-c /o ,v- d, ) 4- IIIIIII IIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIII 0 576603 ChrisC.Muno PuebloCtyClk6Rec EASE R 21.00 D 0.00 2001 The foregoing instrument was acknowledged before me t day of , by e< , oAo kd and eh" My commission expires: c2- 2.e -0 7 [SEAL] a blic "UBLtG O ACCEPTANCE The foregoing Grant of Easement and Right of Way is accepted by the City of Pueblo, a Municipal Corporation, in accordance with its terms. CITY OF PUEBLO, a Municipal Corporation ATTEST., City rk e tV City Council i f COUNTY OF PUEBLO ) STATE OF COLORADO ) The foregoing Acceptance was acknowledged before me this tQt'day of , 2004 by Randy Thurston , President of the City Council ofPueblo, and by Gina Dutcher its City Clerk. My commission expires: MI -2002 •��41- Go Noidry Public 0 OF COQ- P -2- EXHIBIT "A„ I IIIIII VIII IIIIII IIII IIIIIII VIII VIII III VIII IIII IIII Pa ge: 576603039 ChrisC.Munoz PueblcCtyClk &Rec EASE R 21.00 D 0.00 LEGAL DESCRIPTION TEMPORARY EASEMENT 202 ARKANSAS RIVER HABITAT RESTORATION PROJECT A TEMPORARY EASEMENT LOCATED IN THE SOUTH HALF OF THE SOUTH HALF OF SECTION 32, TOWNSHIP 20 SOUTH, RANGE 65 WEST AND THE NORTHWEST QUARTER OF SECTION 5, TOWNSHIP 21 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 -1/4" ALUMINUM CAP, PLS 34587) THENCE NORTH 88 °47'23" WEST A DISTANCE OF 2,357.04 FEET TO THE POINT OF BEGINNING; THENCE ON THE ARC OF A NON - TANGENT CURVE TO THE RIGHT A DISTANCE OF 621.69 FEET, SAID CURVE HAS A RADIUS OF 2,594.20 FEET, A CENTRAL ANGLE OF 13 °43'51" AND A LONG CHORD THAT BEARS SOUTH 82 °54'40" WEST A DISTANCE OF 620.21 FEET; THENCE NORTH 87 °58'34" WEST A DISTANCE OF 336.72 FEET TO A POINT ON AN EXISTING ACCESS ROAD (THE SAID SOUTHEAST CORNER OF SECTION 32 BEARS NORTH 89 °44'33" EAST A DISTANCE OF 3,308.52 FEET), WITH SIDELINES EXTENDED OR SHORTENED TO INTERSECT TEMPORARY EASEMENT 201A AND PERMAMENT EASEMENT 202 OF THIS PROJECT. SAID TEMPORARY EASEMENT IS FOR INGRESS AND EGRESS AND CONTAINS 0.66 ACRES (28,872 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. ALTER E. PACHAK, JR., P.L. . 28659 //— �Z 4-7 DA_ED— 1.111p ' V a _ C1.4" Ode 3Ja/03 Onr N F IYaon CY d e .5` A11111/ Caf(]5 Wt Ildi6m0a1M 511a/al h111de 1 a n r ` it ai � n CD jw roe Y. \3J31163 0 scars\ lu�i, 1'k M.iw: IMJ'L190av9149 JeuJ Vu. Staa1 �Wcb Shl.a II104 U 1 '• •,Y� p•1'• �4•ii,: 'w.Y.fZ �.,tY -� 1 �c'•a •. _.. - �,,; y � 3`f'I' t••ri 4}, =T"ti,r t•, ,;�: c�t.�'.Ir: Ya y -. : r L,' � 'rt'r� •: . 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