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HomeMy WebLinkAbout10187RESOLUTION NO. 10187 A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR THE PURCHASE OF A TEMPORARY NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT FROM VALCO, INC., A COLORADO 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 July 13, 2004, between the City and Valco, Inc., a Colorado 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 $1,635.38 for the purchase of the temporary ingress and egress easement are available and will be expended from Project Account No. AL0201. INTRODUCED July 26, 2004 BY Michael Occhiato Councilperson PAS(). - ff lolge) J_ Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JULY 26, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT/ JIM MUNCH TITL A RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT FOR THE PURCHASE OF A TEMPORARY NON - EXCLUSIVE INGRESS AND EGRESS EASEMENT FROM VALCO, INC., A COLORADO 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 Valco, Inc., a Colorado Corporation relating to the Arkansas River Corridor Legacy Project? Approval of the Resolution. BACKGROUND The City is required to secure a temporary ingress and egress easement from Valco, 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 6.23 -acre area a" the north side of the Arkansas River west of the Greenway and Nature Center. The City is purchasing the temporary easement for $1,635.38 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 $1,635.38 for the Valco, Inc. temporary ingress and egress easement would be paid from account 453 - 9510 - 600.30-01 in the Arkansas River Legacy Capital Project Account Number AL0201. The following breakdown shows the funds that have been reimbursed by project partners through July 15, 2004: Reso. #10187 GRANT OF NON - EXCLUSIVE TEMPORARY EASEMENT AND RIGHT OF WAY THIS TEMPORARY NON - EXCLUSIVE EASEMENT AND RIGHT OF WAY is granted this 1;3 day of �J_ 2004 by Valco, Inc. ( "Grantor ") to the City of Pueblo, Colorado, a Municipal Corporation Grantee "). WITNESSETH: FOR AND IN CONSIDERATION of the sum of One Thousand Six Hundred Thirty-Five Dollars and Thirty - Eight Cent ($1.635.38) 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, Sheets 17 and 18 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: VALCO, INC. A COLORADO CORPORATION ATTEST: I IIIIII VIII IIIIII IIII IIIIIII II IIIIIIII III VIII IIII IIII Page: 9 04 10:031 ChrisC.Muncz Pueb1cCtYC1k4ReC EASE R 41.00 D 0.00