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Home My WebLink About11388RESOLUTION NO. 11388 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM CF &I STEEL, L.P., A DELAWARE LIMITED PARTNERSHIP BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Easement and Right of Way for a public roadway and public utilities between Pueblo, a Municipal Corporation, and CF &I Steel, L.P., a Delaware Limited Partnership, having been approved as to form by the City Attorney, is hereby approved. SECTION 2_ The City Clerk is directed to cause the Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED August 25, 2008 BY Vera Ortegon Councilperson r°T y ATTE D BY: �. � y PRESIf NT'ei Cif' Council 2�s U3g8 Background Paper for Proposed RESOLUTION AGENDA ITEM # o DATE: AUGUST 25, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN EASEMENT AND RIGHT OF WAY FROM CF &I STEEL, L.P., A DELAWARE LIMITED PARTNERSHIP ISSUE Should the City Council authorize the acceptance of an Easement and Right of Way from CF &I Steel, L.P., a Delaware Limited Partnership. RECOMMENDATION Approval of this Resolution BACKGROUND The purpose this easement and right of way is to facilitate the southern extension of Greenhorn Drive. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. s Res. 11388 EASEMENT AND RIGHT OF WAY AGREEMENT This Easement Agreement ( "Agreement ") is made and entered into as of this 25th day of August , 2008, by and between CF &I Steel, L.P., a Delaware limited partnership, whose address is 1612 East Abriendo, Pueblo, Colorado 81004 ( "Grantor ") and Pueblo, A Municipal Corporation, whose address is 1 City Hall Place, Pueblo, Colorado 81003 ( "Grantee "). RECITALS: A. Grantor is the owner of a certain parcel of land of which a portion is immediately adjacent to the southern terminus of Greenhorn Drive as platted under Minnequa Industrial Park, Second Filing, as filed for record in the office of the Pueblo County Clerk and Recorder, Reception No. 1481756 dated 01/28/2003, said parcel being a portion of Section 26, Township 21 South, Range 65 West of the 6` Principal Meridian, County of Pueblo, State of Colorado more particularly described as follows: -_ - - - 1780894 EiiSE 09/03/2008 03:40:38 PM Page: 1 of 2 R 11.00 D 0.00 T 11.00 Gilbert Ortiz ClerkMecarder, Pueblo County, Co ®III I�P1dl�kr�l��SI 'NFAME WA 11111 See attached Exhibit "A" B. Grantee has requested and Grantor has agreed to provide an easement and right of way for roadway and utility purposes to allow the extension of Greenhorn Drive to allow public access to adjacent property not owned or controlled by Grantor. NOW THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree as follows: 1. Grantor does hereby grant, bargain, sell and convey to Grantee a perpetual easement over and across those lands more fully described above in Exhibit "A" for the use and enjoyment by Grantee, its successors and assigns, and by the public, for ingress and egress, and for the installation and maintenance of utilities, upon the following terms and conditions: a. Prior to operating any motor vehicles on those lands more fully described above in Exhibit "A ", Grantee shall construct a bridge of sufficient size and strength so as to permit the operation of motor vehicles and trucks over and across said bridge without damaging or interfering with the buried pipelines and utilities of Grantor on said lands. Grantee also agrees to construct such roadway improvements as required to provide access for motor vehicles and trucks and maintain same at no cost to the Grantor. All utilities required to provide service to the adjacent properties may also be installed on, over, under and across said parcel easement and maintained by their respective owners, at no cost to the Grantor. Prior to the construction of any such bridge, roadway improvements, or utility, Grantee shall submit the plans and specifications to Grantor for prior approval, which approval shall not be unreasonably withheld. 1780894 EASE 09/03/2008 03:40:38 PM Res. 11388 Gi e�t tiz Cler k/Recorder, Pueblo l Counn O ty, Co ®III KIM HJ�44�'4h� kIL'iII�hIK�I��Y� +tiN�h'i�h ®1111 b. Grantor reserves the right to itself, its successors and assigns, to use the easement conveyed herein for any lawful purpose. c. This easement is non - exclusive, and Grantor reserves the right to grant further non- exclusive easements over the same subject property to third parties, their successors, and assigns. d. Grantee shall, at its sole expense, maintain the easement in a safe condition. If Grantee fails to maintain the easement in a safe condition, Grantor may furnish materials and labor as necessary to ensure safety and the safe capacity of any bridge, road improvement or utility constructed thereon and shall then have a lien upon this easement, as well as a claim against Grantee, for the reasonable expenses so incurred; or Grantor may remove Grantees improvements, including bridges constructed on said easement, at its sole discretion. 2. Grantee has examined and is familiar with the easement property, including all existing improvements thereon. Grantee accepts the same in its present condition, and is aware of the existence of potential hazards that may exist as a result of use of the easement property and any bridges, road improvements or utilities it may construct thereon. In consideration for this Agreement, Grantee further agrees to assume full liability and responsibility for any injuries or property damage occurring after the effective date hereon, to itself, its agents, employees, invitees, successors and assigns, including any member of the general public and agrees to hold harmless and indemnify Grantor from all liability and expense on account of any and all damages, claims or actions (including injury to and death of persons) arising from any act or omission or acts in connection with the use or maintenance of this easement or any bridges or improvements constructed thereon. In addition, Grantee further agrees that it shall be liable to Grantor for all losses and damages, direct, consequential or other, sustained by Grantor resulting from arising out of or in any manner connected with the use or maintenance of this easement by Grantee, its agents, employees, invites, successors, and assigns or third parties including any member of the general public, excepting only such losses and damages as are caused by the sole active negligence of Grantor. This Agreement shall run with the land described in Exhibit "A" and shall bind and inure to the benefit of the heirs, administrators, executors, successors, and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have set their hand and seal as of the day and year first above written. GRANTOR: CF &I STEEL, L.P. By its General Partner, New CF &I, Inc. GRANTEE: PUEBLO, A Municipal Corporation By. \ By Name: A SoN President of City Council Title: y, 1P, Gn� /�Glvs+sci- Res. 11388 1. Reception: 1780894 1798269 EASE 03/09/2009 03:54:43 PM Pa 1 of 2 R 11.00 D 0.00 T 11.00 Gi l6ert Ortiz Clerk /Recorder, Pueblo County, Cc A AND RIGHT -OF -WAY LAND DESCRIPTION A parcel of land located in a portion of the E Yz of Section 26, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: i Considering a portion of the South line of the NE '/+ of Section 35, Township 21 South, Range 65 West of the 6 P.M. to bear N. 89 W., and all bearings contained herein being relative thereto. I Beginning at the most Southerly corner o1 the recorded plat thereof as filed for rec records said point also being on the Eastt presently located; thence N. 24 0 29'17" E Park, Second Filing a distance of 221.841 thence S. 24 °29'17" W., a distance of 21 feet to a point on the Easterly right -of -A 03 °21'00" E. along the Easterly right -of -v 328.08 feet to the point of Beginning. Minnequa Industrial Park, Second Filing according to rrd at Reception No. 1481756 in the Pueblo County ply right -of -way line of Colorado Interstate No. 25 as , along the Easterly line of said Minnequa Industrial :et; thence S. 03 °21 `00" W., a distance of 332.76 feet; i.83 feet; thence N. 86 °37'46" W., a distance of 1.81 ry line of said Colorado Interstate No. 25; thence N. q line of said Colorado Intestate No. 25, a distance of I, David M. Stravia, being a licensed La that this land description and exhibit, 1 responsible charge and are accurate to the z�/U/ David M. Stravia Colorado P.L.S. 12933 NORTHSTAR ENGINEERING AND SU August 5, 2008 JN 08 02102 Surveyor in the State of Colorado, do hereby state 1g made a part hereof, were prepared under my .t of my knowledge, information and belief. INC. 1 of 2 Res., 11388 Reception: 1780894 I A SCALE: 1 " = 100' 0 50' 100 200' P. O. nis EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION. ZATOWT P.O. B. POINT OF BEGINNING FOUND N0. 6 REBAR WITH 3 114" DIAMETER ALUMINUM CAP (APPROPRIATELY STAMPED) T A �J 1 C� it `t r 1 �J 1 r 1 � �J � I Qi FOUND NO. 4 REBAR WITH 1" DIAMETER WHITE PLASTIC CAP, ILLECI8LE (INSIDE 8" DIAMETER STEEL PIPE) F., E N8613� 46 "WSJ } P _ A R -- E ................N89 "W.... 1 B Y NORTMAR ENGINEERING AND SUF / / / \ I O \ p \ \ ( a1\ tee I \ I of . \ I •�; � •' l aa l fl \ \ ti�� `I;i ryryry1. b 3 � ;'::: is •'r \ ASIS OF BEARINGS. ••••2377.39'•••••••••••• \\ I'1 �J 1 C� it `t r 1 �J 1 r 1 � �J � I Qi FOUND NO. 4 REBAR WITH 1" DIAMETER WHITE PLASTIC CAP, ILLECI8LE (INSIDE 8" DIAMETER STEEL PIPE) F., E N8613� 46 "WSJ } P _ A R -- E ................N89 "W.... 1 B Y NORTMAR ENGINEERING AND SUF / / / \ 1 O \ \ \ ( a1\ I I \ I \ I \ I \ \ 36 ;'::: is •'r \ ASIS OF BEARINGS. ••••2377.39'•••••••••••• \\ I FEMG, INC. 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