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Home My WebLink About12515RESOLUTION NO. 12515 A RESOLUTION AUTHORIZING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY TO PUEBLO MUNICIPAL RAIL CORPORATION, A COLORADO NONPROFIT CORPORATION, LOCATED EAST OF THE BNSF RAILROAD AND NORTH OF LIME ROAD WITHIN PUEBLO, COLORADO WHEREAS, in accordance with the Agreement dated April 9, 2012 between the City of Pueblo (“City”) and Pueblo Municipal Rail Corporation (the “Rail Corporation”) it was intended that the City convey an easement and right of way to the Rail Corporation for the purposes of construction of Railroad lead track; and WHEREAS, such easement and right of way is necessary for the construction, use, maintenance, repair, and replacement of the Railroad Lead Track. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement dated October 9, 2012 from the City to the Rail Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and the President of City Council is authorized to execute and deliver same in the name of the City and the City Clerk to attest same. SECTION 2. Upon execution by the President of City Council, attestation by the City Clerk and acceptance by the Rail Corporation, the City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder. INTRODUCED: October 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: OCTOBER 9, 2012 AGENDA ITEM # M-10 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, DIRECTOR LAW DEPARTMENT THOMAS J. FLORCZAK, CITY ATTORNEY TITLE A RESOLUTION AUTHORIZING CONVEYANCE OF AN EASEMENT AND RIGHT OF WAY TO PUEBLO MUNICIPAL RAIL CORPORATION, A COLORADO NONPROFIT CORPORATION, LOCATED EAST OF THE BNSF RAILROAD AND NORTH OF LIME ROAD WITHIN PUEBLO, COLORADO ISSUE Should the City Council grant an easement to Pueblo Municipal Rail Corporation (the “Rail Corporation”) for construction of the railroad lead track which will serve Rocla Concrete Tie, Inc. and other industry? RECOMMENDATION Approve the Resolution. BACKGROUND In connection with the job creating capital improvement project for Rocla Concrete Tie, Inc. (“Rocla”), City Council approved an Agreement dated April 9, 2012 with the Rail Corporation. The purpose of that Agreement was for the Rail Corporation to construct the rail facility to serve Rocla and other industries and to enter into required agreements with BNSF Railway. The purpose of that arrangement was to reduce potential liability risks to the City in the event of rail accidents. In furtherance of the Agreement, it is necessary that the City grant an easement to the Rail Corporation over certain land acquired upon which the railroad lead track will be located. This Resolution approves and authorizes the execution of that easement. FINANCIAL IMPACT There is no cost associated with the conveyance of the easement. Reception 1926686 11/28/2012 01:33:08 PM re: Res. 12515 EASEMENT THIS EASEMENT, granted this 9 day of October, 2012, by Pueblo, a Municipal Corporation ( "City "), to Pueblo Municipal Rail Corporation, a Colorado Nonprofit Corporation ( "Corporation "): WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the Corporation, receipt of which is hereby acknowledged, City hereby grants to Corporation, its successors and assigns, a one hundred twenty -five (125.00) foot wide non- exclusive easement and right of way for the purpose of construction, use, maintenance, repair, and replacement of the Railroad Lead Track, in, through, over, under, and across City's property situated in Pueblo County, Colorado, and as described in Exhibit "A" as attached. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, and repair, and together with the right to use so much of the abutting property of City for said purposes. Corporation shall repair any and all damage caused to City's abutting property by Corporation's use thereof. City reserves the right to use and occupy said property for any purpose not inconsistent with the right and privilege above granted. Corporation acknowledges and agrees that in no event will it locate, erect, or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement without the written consent of City. Corporation, in consideration of City's grant of this easement and Corporation's use thereof, shall indemnify, defend, and hold harmless the City, its officers and employees from and against any and all claims, expenses (including reasonable attorney fees), liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the easement hereby granted. "Corporation" shall include the plural and the feminine. This easement shall be binding upon and inure to the benefit of the heirs, personal representatives, successors or assigns of the City and Corporation. This easement shall be deemed abandoned if it is not used for its stated purpose for a period of twenty -four (24) consecutive months. In case of abandonment of said easement, all rights, privileges, and interest granted herein shall terminate except Corporation shall not be released or discharged from its indemnification obligations hereunder. � �£BLQ, G %o � � PUEBLO, a Municipal Corporation , f),P A C w*; ,/,; 2 /i f \...._t..\1,41 t.tR p. �-/ ATTET�`•�� ! By Presi• -nt of the ty Council City erk �' ` " • COUNTY OF PUEBLO ) 1926686 EASE 11/28/2012 01:33:08 PM SS. of Pueblo 2 County, Co STATE OF COLORADO ) I II " �� I I + , VIP WM1.1011111111 The foregoing instrument was acknowledged before me in Pueblo County, Colorado this 9th day of October , 2012 by Chris Kaufman as President of the City Council and by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: 08/21/2015 . [ S E A'LC RENE BRAVO•NEFF Ia12LAL • L .„ NOTARY PUBLIC otary Public STATE OF COLORADO JoilisMataid ACCEPTANCE The foregoing EASEMENT is hereby accepted by Corporation, according to its terms and subject to the covenants, conditions, restrictions, easements and reservations set forth therein. Pueblo Municipal Rail Corporation 0i rs rA� 7 P esident Batt 4 94 A+1,, :- ,a CA 09/19/12 1926686 EASE 11/28/2012 01:33:08 PM Page 30 26. . 00 T 26.0 Gilbert rt iz 4 Cler R / Rec0orde r D 0 , Pueblo Count y, Co III ® lam � 1111 EXHIBIT A LAND DESCRIPTION LEAD TRACK A parcel of land located in portions of the E '/2 of Section 36, Township 21 South, and the E '/2 of Section 1, Township 22 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and Parcel A and Parcel B in St Charles Industrial Park, Filing No. 1 being more particularly described as follows. Considering the North line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1 to bear N. 88 °25' 10" W. and all bearings contained herein being relative thereto. Beginning at the Northwest corner of Lot 1, Block 1 in St Charles Industrial Park, Filing No. 1 as filed for record at Reception No. 1909383 in the Pueblo County records, said point being on the South line of the E '/z of Section 36, Township 21 South, Range 65 West and the North line of the E '/2 of Section I, Township 22 South, Range 65 West and also being the Southeast corner of Parcel A and the Northeast corner of Parcel B in said St. Charles Industrial Park, Filing No. 1; thence S. 03 °00'08 "W. along the east line of said Parcel B and a portion of the E 'h of said Section 1 a distance of 3322.30 feet to the Northerly right -of -way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records; thence S. 85 °59'00" W. along the Northerly right-of-way line of said Lime Road, a distance of 125.94 feet to the Easterly right -of- way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), thence N. 03 °00'08" E. along the Easterly right -of -way line of the said Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), a portion of the East '/z of said Section 1, the West lines of Parcel B and Parcel. A in said St. Charles Industrial Park, Filing No. 1 and a portion of the E '/2 of said Section 36, a distance of 8827.67 feet to a point on the North line of the E 1/2 of said Section 36; thence S. 89 °19'24" E., along the North line of the E '/2 of said Section 36, a distance of 125.10 feet; thence S. 03 °00'08" W. along a portion of the E 1/2 of said Section 36 and the easterly line of said Parcel A, a distance of 5495.06 feet to the Point of Beginning. Containing 25.33 acres, more or less. 1, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. David M. Stravia "C"'‘ � I,GiS FR4:0 ''', Colorado P.L.S. 12933 z // ° t NorthStar Engineering and Surveying, Inc. ` 'I } ) 4412933 V August 13, 2012 ;. e g-3-11-& , J j JN 08 045 03 n % SURO' � Page 1 of 2 VP"- Q C 161 lN14No .EXHPB'fi71: . .4 .', 4 ji 125.00' I 1 * 25.10' • 11 1 6? 1' .; il 1,1,: . 14 7 4 R R IA:: : .., :::E 1/4 ,.... ,_ i 7 , - 1 P r . 3 :, 9 - 3 1:LI ,, NCi Na 1 1-,' t. I., t. P 7 71:11 NO. PRCEL. A % f.,' '4 &• I • I 1 I , , ..?.. ::.,..., I i,-- t,„, ''', .."' P.0.11. „•-• k:s EZ1 t--, TEL:: N88570 - 7009 — . ra' C .' l z P . ...., ,.. , „ ,.. ,,. ',,:!, (BASIS OF BEIU?INGS) '', 4 ".. I .SCAN.11.; I- AMIL r L ! . , I.-'1 N8825101 12504' L ., I ''="+ .=-• ' <- - ■:',4 ' TA .'; TLTWER.' 1;,1';) --` 1/4 ' 2 r-A.,-4 --- " , "1-7 - Prn - P.; '=-1 1- t ■,':•A 41 I . '.a''!' ''' I ,-':•; A 1:-:i i:''''' 18E15110) LOT 1 Z ':. ;...f R,I.: R 17../c; Aio, 1 -, / • p J . A •'' t 11::- 1/4 1 PARCEL B cu 1 Pliol Btl,I _ 1 —■fil I '41 •Z: k. vl , ; i t ' :i 4 I Cij Z: ',... ,''..1, . NEI F/4 HA. Y L 7 ,10 1',., NE18'31'41''w k 1:7 C L-. . ij T 1 ON NO. 1 7 5 1 ,',7 8 0 ,', , . 125.04' '',1,,1 ''', . • ) >. •CY ... , ' ' a. el c N C t' . • :' > co ta o m .-- — / .: 1 a S853 N :52W , of, ''' 4 ■ \‘'..:';'' '■\ e ,,,. V :9'!..' • -0 Si ...0 ,_ I I 1 ATM :::- I/ 4 I ltii 1 t „I ,,i 'rip 0) - 0 — .'... ' . _ , .`:'. ' 125.00 •...cm 0 I ------ co • o R :4% 1/4 / :::E 1/4 p LEGEND i .... Ul 0 Ail Ca gr all. f 4. II 0 ow A 0 FOUND NO. 4 REBAR WITH 1 DIAMETER GRAPHIC SCALE L a3sa 0 ID rt -0 R YELLOW CAP, L.S. 12933 'moo o 500 1000 S • - 10 V a/ E OASIS OF BEARINGS CD 111..m D NORTH LINE OF LOT 1, BLOCK 1 IN am ,,,,..,.. , "11111 - - ST. CHARLES INDUSTRIAL PARK, 1 INCH = 1000 FEET FILING NO. 1 BEARS N.882.5 NOTE B 17115 EXHIBIT WAS NOT PREPARED AS A MONUMENTED AND WAS ONLY PREPAR "Y: NORTHSTAR ENGINEERING AND SURVEYING, INC. LAND SURVEY. ED TO DEPICT 1HE ATTACHED LAND DESCRIP110N. ( JN 08 045 03 PAGE 2 OF 2