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Home My WebLink About12209RESOLUTION NO. 12209 A RESOLUTION APPROVING AND ACCEPTING A CONVEYANCE OF REAL PROPERTY FROM BLACK HILLS/COLORADO ELECTRIC UTILITY COMPANY, LP AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Warranty Deed dated as of August 1, 2011 relating to property required for th the Pete Jimenez Parkway and North 27 Lane intersection right of way, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The President of the City Council is authorized to execute the Warranty Deed in the name of the City. The City Clerk is directed to affix the seal of the City thereto, attest same, and record the Warranty Deed in the office of the Pueblo County Clerk and Recorder. INTRODUCED August 8, 2011 BY: Chris Kaufman COUNCILPERSON Background Paper for Proposed RESOLUTION DATE: AUGUST 8, 2011 AGENDA ITEM # M-9 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JERRY M. PACHECO, DIRECTOR TITLE A RESOLUTION APPROVING AND ACCEPTING A CONVEYANCE OF REAL PROPERTY FROM BLACK HILLS/COLORADO ELECTRIC UTILITY COMPANY, LP AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council accept a warranty deed from Black Hills/Colorado Electric Utility Company, LP, a Delaware limited partnership for 0.101 acres of property that will be annexed into the City and provide additional required right-of-way for a turning lane on th North 27 Lane adjacent to Pete Jimenez Parkway? RECOMMENDATION Approval of this Resolution. BACKGROUND Black Hills/Colorado Electric Utility Company, LP, a Delaware limited partnership (“Black Hills”), is owner of the property as shown on attached ALTA/ACSM Land Title Survey. By Warranty Deed and Right of Reversion dated March 3, 2010, recorded March 10, 2010, Black Hills conveyed to the City the “North East Corridor” which is th located at North 27 Lane and Rawlings Boulevard. To facilitate the south bound right th turn lane of North 27 Lane onto Pete Jimenez Parkway, additional property adjacent to the North East Corridor is required. Black Hills has offered to convey the property totaling 0.101 acres to the City. The property conveyance to the City will allow City Council to annex this portion into the City limits of Pueblo. FINANCIAL IMPACT None. 4(, 011 ,, 3ALJfls WSOd /x'11 - 1`d 4p i 9� pQ B 1 W6401001061619'0100nd/0 Aunoo C q $ � h � � "W'd 419 a4110160411014064 e9 dwelt R e d �' 0 '41nag OZ dlu.u.ol 00606910 •- ' 4/1 3N 041 pelaaol —y 6 '�d 13O2JVd O1e3ld /H3HO ±VH± 1 1 '� a s 3LYO Nplditl�S30 NCI1n3tl 6lj1Nl V 1 `� c it 0 5 s E m a G � I' 5 v� § a _' i,,"':''''' - o N . 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Y / 8 2 r r S s ( if 901Rr21'E 466.56' i » J �` .SC'ZCZ 3.0t331.106 6011,314'W 16206' \ 1 u ti Y mc- / 6k3i as Y / / gf ee / ' A Y ?5 15V S 5 / $9F $ ri E' I 5• pis °s o z5 Reception 1882578 08/09/2011 WARRANTY WARRANTY DEED THIS DEED, made this first day of August, 2011, between Black Hills /Colorado Electric Utility Company, LP, a Delaware limited partnership ( "Grantor "), whose legal address is 1515 Wynkoop Street, Suite 500, Denver, CO, 80202, and the City of Pueblo, a Municipal Corporation ( "Grantee "), whose legal address is 1 City Hall Place, Pueblo, CO, 81003 WITNESSETH, that Grantor, for and in consideration of the sum of Ten Dollars ($10 00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, hereby sells and conveys to Grantee, its successors and assigns forever, the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, as more particularly described on Exhibit "A" attached hereto (the "Property ") with all its appurtenances, and Grantor warrants the title to same, free and clear from all taxes and assessments affecting the Property for the period of time pnor to the date of this Deed, encumbrances except for those easements identified on Exhibit B and reservations contained in the patent identified on Exhibit B, and restrictions of whatever kind or nature whatsoever By Warranty Deed and Right of Reversion dated March 3, 2010, recorded March 10, 2010 at Reception No 1835397 of the records of the Clerk and Recorder of Pueblo County, Grantor conveyed to Grantee certain property described in the deed ( "March 3, 2010 Deed ") The purpose of this Warranty Deed is to convey a parcel of land adjacent to the property conveyed by the March 3, 2010 Deed to be used for the "Driveway" as defined in the March 3, 2010 Deed. This Warranty Deed is made subject to the reservation on behalf of Grantor and its successors and assigns, of the nght to enforce the following covenants, agreements, rights and restrictions imposed upon the Property and Grantee regarding the use and sale or transfer of the Property 1 Facilities Property All of the covenants, agreements, rights and restrictions imposed upon the Property herein are for the benefit of land that Grantor and Black Hills Colorado IPP, LLC own described on Exhibit "C" attached hereto (the "Facilities Property ") 2 Easements, Use of Property Grantor reserves unto itself a non - exclusive Temporary Easement on, over, under, across and through the Property for the purpose and uses set forth in this section, subject to the terms and requirements herein provided, and said Temporary Easement shall automatically terminate as herein provided. (a) Grantor shall use and maintain the Property for construction access during construction of the facilities identified in Exhibit "D" (the "Facilities ") upon the Facilities Property in conjunction with construction of the Driveway as defined in the March 3, 2010 Deed. 1882578 WD 08/09/2011 03 03 53 PM Page 2 of 9 R 5 00 0 00 T 51 0 Gilbert O rtiz Clerk /Recorder Pueb Count Co III 17.1 NV,W,EIt 'IiiiPE4 riticKL1 MI111 (b) During the construction of the Facilities, use of the Property shall be limited to Grantor and Grantor's affiliates, officers, employees, contractors, subcontractors, vendors and suppliers and the Grantee, including its City Council, officers, employees, agents and contractors, the Board of Water Works and its Board Members, officers, employees and contractors and the Pueblo Regional Building Department and its employees, provided that (i) a representative of Grantor shall be present while any representative of the Grantee, the Board of Water Works or the Pueblo Regional Building Department is present on the Property, and (ii) while present on the Property, representatives of the Grantee, the Board of Water Works or the Pueblo Regional Building Department shall comply with the provisions of the Occupational Safety and Health Administration related to construction sites as implemented by the policies and procedures of Grantor applicable to the Property Notwithstanding the preceding sentence, in the event of emergency, accident or incident to which representatives of the Grantee respond, such representatives may access the Property without a representative of Grantor, provided that the Grantee shall be responsible for the safety of its officers, agents and employees while on the Property Upon written consent of Grantee, Grantor may allow access to and use of the Driveway by adjacent property owners. (c) Grantor may construct temporary gates and fences across the Property during construction of the Facilities in order to control access to the Facilities. In the event Grantor erects any gates, Grantor shall provide keys and other means of access to Grantee and Grantee's officers, employees, agents and contractors, to Board of Water Works, and its officers, employees and contractors, and to Pueblo Regional Building Department and its employees. (d) The Temporary Easement reserved to Grantor herein shall automatically terminate on December 31, 2011 (e) With respect to all use of the Temporary Easement, including all construction, installation, repair, maintenance, replacement and use of the Dnveway ( "Use of Easement "), except as provided in subsection 2(b) Grantor agrees to assume full liability and responsibility for all mjunes, including death, and property damage, occumng dunng the term of the Temporary Easement, to Grantee, Grantee's City Council, officers, agents, employees, contractors, attorneys, successors and assigns. Grantor also agrees to hold harmless, indemnify and defend Grantee and Grantee's City Council, officers, agents, employees, contractors, attorneys, successors and assigns, from all liability and expense on account of any and all actions, claims, expenses, liabilities, damages to property, or injury, including death, arising from or out of the Use of Easement dunng the term of the Temporary Easement. (f) Grantor shall comply with all federal, state and local environmental laws and regulations ( "Environmental Regulations ") that are applicable to the Use of Easement by Grantor, its agents and contractors, including obtaining all air quality and water quality permits applicable to the Use of Easement. Grantor shall not undertake any activity upon the Property which would cause or permit: (A) the presence, use, generation, release, discharge, storage or disposal of any Hazardous Matenal in, on, under, about or from the Property or any part thereof in violation of Environmental Regulations, (B) any portion of the Property to become a 2 1882578 WD 08/09/2011 03 03 53 PM Page 3 of 9 R 51 00 D 0 00 T 51 00 Gilbert Ortiz Clerk /Recorder Pueblo County Co III r J N MMO M MI 111 hazardous waste treatment, storage or disposal facility; or (C) the discharge of any pollutants or effluents into any water system, or the discharge into the air of any emissions, without receiving proper governmental authonzation, and in compliance with all Environmental Regulations, including, without limitation, the Federal Water Pollution Control Act, 42 U S C § 125, et seq., and the Clean Air Act, 42 U S C §7401 et seq As used herein, "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local government authonty, the State of Colorado, or the United States government and shall include, but not be limited to (A) substances defined as "hazardous waste," "restricted hazardous waste," "hazardous substance" or "hazardous material" under an applicable federal, state or local law or regulation, (B) asbestos - containing materials, (C) PCBs, (D) petroleum or petroleum based products, except to the extent used as fuel contained in motor vehicles, and (E) lead. Grantor agrees to hold harmless, indemnify and defend the Grantee, and its officers, employees, agents, attorneys, successors, and assigns, as their interest may appear, from all claims, losses, damages, penalties, expenses and costs, including, but not limited to, attorneys' fees, characterization, remediation and cleanup costs, incurred by reason of the use, storage, generation, release, discharge, maintenance, disposal, or removal of Hazardous Matenals, in, on, under, about, or from the Property, or any part thereof, by Grantor, its employees, agents, licensees, invitees, contractors and subcontractors. 3 Covenants Run With the Land. All of the foregoing covenants, agreements, nghts and restnctions shall be appurtenant to and for the benefit of all portions of the Property and the Facilities Property, shall be a burden on the Property and the Facilities Property and all portions thereof, and shall run with the land. All of the foregoing covenants, agreements, rights and restnctions shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors, transferees and assigns. 4 Severabihty If any clause, sentence or other portion hereof is held to be invalid by any court, the same shall not affect the validity of the remaining provisions of this Deed and all remaining provisions shall continue unimpaired and in full force and effect. 5 Venue, Junsdiction, Waiver of Jury Tnal. Venue for any action, proceedings or other litigation of any type brought by either party against the other party for the enforcement or interpretation of the covenants, agreements, nghts, or restrictions in this Deed ( "Litigation ") shall be in Pueblo County, Colorado All such Litigation shall be filed in the District Court of the Tenth Judicial Distnct of Colorado, and Grantor and Grantee submit to the jurisdiction of said Distnct Court. Grantor and Grantee waive their respective nghts to a tnal by jury in any such Litigation, and Grantor and Grantee agree that any such Litigation is to be tned to a court without a jury 6 Exhibits. All of the exhibits attached hereto are hereby incorporated herein by reference. 7 Attorneys' Fees. In the event of any Litigation ansing under this Deed, the prevailing party in such Litigation shall be entitled to recover its costs and expenses (including 3 1882578 WD 08/09/2011 03 03 53 PM P age 40 R51 D 0 00 T 51 0 G ilbert rt iz 9 Clerk /Record er Pueblo Co unty Co III k70V TRAM: i harCellirtillii 11111 reasonable attorneys' fees, court costs and Litigation- related expenses) in addition to any other relief granted in such Litigation. 8 Binding Effect. Grantor and Grantee and their respective successors and assigns acknowledge that the covenants, agreements, rights and restrictions contained in this Deed are a matenal part of the consideration for this transaction, that they are both reasonable and legally binding and that without them Grantor would have not delivered, and Grantee would not have accepted, this Deed. Grantor shall and will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof IN WITNESS WHEREOF, Grantor and Grantee have caused this Deed to be executed on the day and year first above written. GRANTOR. BLACK HILLS /COLORADO ELECTRIC UTILITY COMPANY, LP By ./ /4 Mark L. Lux Black Hills /Colorado Utihty Company, LLC General Partner STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER) The foregoing instrument was acknowledged before me this ki day of 2011 by Mark L. Lux, the Vice President of Black Hills Colorado Utility Company, LC, the General Partner of Black Hills /Colorado Electnc Utility Company, L.P on behalf of said company Witness my hand and official seal. My commission expires ThkgiatVik [SEAL] -�.0k ROBYN A. '• : PI H ..z ic Notary Pu r NOTARY PUBLIC STATE OF COLORADO MY COMMISSION EXPIRES 712412012 4 1882578 WD 08/09/2011 03 03 53 PM Page 50 9 R 51 00 D 0 0 0 T 51 00 Gilbert rt iz Clerk /Recorder Pueblo County Co III iraiN7,I .if l d:Irthri t e y'! i io'' ®1111 .. .,, ,. GRANTEE .0 09•140 004; CITY OF PUEBLO, A MUNICIPAL c `, I CORPORATION ' t addli • 1 - . ; % 1 Ray Aguilera � al ' President of the City Council -0 ' 9 Attest: City g lerk STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) 2 1 p� -The foregoing instrument was acknowledged before me this VI day of vi , 2$t0 by Ray Aguilera, as President of the City Council, and Gina Dutcher, as the ity Clerk, City of Pueblo, a Municipal Corporation. Witness my hand and official seal. .,•, ......� • ! commission expires 8l7/2o1 .. s •'G p. S . • up - - / P� .•G NOT Y y' N Public • ‘...d> PUBLIC ,p COL 5 1882578 WD 08/09/2011 03 03 53 PM Page 6of 9 R51 Gilbert Ortiz Clerk /Recorder Pueblo County Co � Wit rWit V tVAIN 11 111 EXHIBIT "A" LEGAL DESCRIPTION OF THE "PROPERTY" A parcel of land located in the NE 1/4 of Section 27, Township 20 South, Range 64 West of the 6th P.M., with all of the beanngs contained herein based upon a beanng of S76 °45'09 "E, as measured along the common right -of -way line of North 27 Lane and Pete Jimenez Parkway, being marked on the ground by two 1 1/2 inch yellow plastic caps, PLS 34578, found in place, all in the County of Pueblo, State of Colorado Beginning at the South point of the West line of said North 27 Lane, where it intersects the North line of said Pete Jimenez Parkway; thence along said North line, N76 °45'09 "W, a distance of 40 00 feet; thence along the following five (5) courses. 1) N65 °12'38 "E, a distance of 17.54 feet, 2) 13.37 feet along a curve to the left, having a radius of 13 75 feet, a tangent of 7.27 feet, a delta of 55 °42'21" and a chord of 12.85 feet that bears N37 °21'29 "E, 3) 23 87 feet along a compound curve to the left, having a radius of 125 00 feet, a tangent of 11.97 feet, a delta of 10 °56'32" and a chord of 23 84 feet that bears N04 °02'02 "E, 4) N01 °26' 14 "W, a distance of 162.36 feet, 5) N01 ° 18'40 "E, a distance of 252.65 feet to a point on said West line of North 27 Lane; thence along said West line, S01 °27'22 "E, a distance of 465 55 feet, to the point of beginning. Said parcel contains 0 101 acres or 4,413 sq ft., more or less. 1882578 WD 08/09/2011 03 03 53 PM Page 70 of 9 R D 0 00 T 51 00 Gilbert rtiz C lerk / Reco rder Pueblo Co unty Co III 1 P7 I WIC I4111IN G 'p . 111 EXHIBIT "B" EASEMENTS AFFECTING THE PROPERTY 1 Easement for utility lines as granted to Colorado Interstate Gas Company by instrument recorded August 2, 1930 in Book 739 at page 127 2 Easement for utility lines as granted to Colorado Interstate Gas Company by instrument recorded February 18, 1950 in Book 1116 at page 420 3 Right of Way Agreement conveyed to Colorado Interstate Corporation by instrument recorded November 1, 1971 in Book 1703 at page 339 4 Easement granted to Aquila, Inc. by instrument recorded August 29, 2005 at Reception No, 1636265 Patent Patent recorded in Book 3 at page 411 of the records of Pueblo County, Colorado 1882578 WD 08/09/2011 03 03 53 PM Page 8 of 9 R 51 D 00 T 51 0 G ilbert Ortiz Clerk /Recor er 0 Pueblo Count0 y Co 1111tigintlielCiElili VW', III EXHIBIT "C" LEGAL DESCRIPTION OF "FACILITIES PROPERTY" All of the SW 1/4 of Section 11, Township 20 South, Range 64 West of the 6th P.M., and The N 1/2 of the N 1/2 of the NW 1/4 of the SE 1/4 and all of the E 1/2 of the SE 1/4 of Section 10, Township 20 South, Range 64 West of the 6th P.M., all in the County of Pueblo, State of Colorado Further described as follows A parcel of land, located in the N 1/2 of the NW 1/4 of the SE 1/4, and all of the E 1/2 of the SE 1/4 of Section 10, and the SW 1/4 of Section 11, except the NE 1/4 of the NE 1/4, thereof, all being located in Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State of Colorado, with all the beanngs contained herein based upon a bearing of N88 °01' 15 "E, as measured between the C 1/4 Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, PLS 10372, 1991, found in place, and the E 1/4 Corner of said Section 10, being marked on the ground by an onginal axel, found in place, said parcel being more particularly described as follows Beginning at said E 1/4 of Section 10; thence along the East -West centerline of said Section 11, N89 °09'03 "E, a distance of 2757 46 feet, to the C 1/4 Corner of said Section 11, thence along the North -South centerline of said Section 11, S00 °45'53 "E, a distance of 2656 12 feet to the S 1/4 of said Section 11, thence along the South line of the SW 1/4 of said Section 11, S88 °53'28 "W, a distance of 2729 82 feet, to the SE Corner of said Section 10, being marked on the ground by a 3 1/4" aluminum cap on #6 rebar, JR ENG LTD, PLS 31161, 2000, 20' Witness Corner (West), found in place; thence along the South line of the SE 1/4 of said Section 10, S88 °04'42 "W, a distance of 1299.26 feet, to the E 1/16 Corner of said Section 10 and Section 15, said Township and Range, being marked on the ground by and onginal axel, found in place; thence along the West line of the E 1/2 of the SE 1/4 of said Section 10, N01 °25'38 "W, a distance of 2333 84 feet, to the C- N -N -SE 1/256 Corner of said Section 10; thence along the South line of the N 1/2 of the N 1/2 of the NW 1/4 of the SE 1/4 of said Section 10, S88 °01'41 "W, a distance of 1302.05 feet, to the N -N -S 1/256 Corner of said Section 10; thence along the North -South centerline of said Section 10, N01 °29'44 "W, a distance of 333.24 feet, to said C 1/4 Corner of Section 10; thence along the East -West centerline of said Section 10, N88 °01'15 "E, a distance of 2604 89 feet, to the point of beginning. Said parcel contains 257.320 acres, more or less. • 1882578 WD 08/09/2011 03 03 53 PM P age 90 9 R G ilbert rtiz of Clerk / Recorder Pueblo County Co 111 Pill, 344 I0 1.11, i ,11arifiGn ' 1111 EXHIBIT "D" FACILITIES TO BE CONSTRUCTED ON FACILITIES PROPERTY The Facilities to be constructed upon the Facilities Property consist of two 90- megawatt LMS 100 natural gas fired power plants, two 100 - megawatt natural gas fired combined cycle plants, a 115 -KV switchyard, and supporting facilities