The URL can be used to link to this page

Home My WebLink About12725RESOLUTION NO. 12725 A RESOLUTION GRANTING EASEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO TRANSIT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements between the City of Pueblo, a Municipal Corporation, and Pueblo Transit, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. The President of City Council is authorized to execute and deliver the Easements in the name of the City. SECTION 2. This Resolution shall become effective upon passage and approval INTRODUCED: July 8, 2013 BY: Sandy Daff Background Paper for Proposed R ESOLUTION DATE: JULY 8, 2013 AGENDA ITEM # M-5 DEPARTMENT: PUBLIC WORKS DIRECTOR - EARL WILKINSON, P.E., TITLE A RESOLUTION GRANTING EASEMENTS BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND PUEBLO TRANSIT AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the granting of easements to Pueblo Transit for the purpose of constructing a transit shelter located at 210 North Grand Avenue? RECOMMENDATION Approval of this Resolution BACKGROUND Pueblo Transit has requested the south 15 feet of Parcel Numbers 536130010 and 536130011, of the Central Park subdivision, for the purpose of constructing a transit shelter. FINANCIAL IMPACT There is no financial impact to the City associated with the granting of this easement . re: Resolution 12725 Reception 1948835 07/12/2013 01:14:11 PM PERMANENT EASEMENT THIS PERMANENT EASEMENT granted this 8th day of July ,2013 by PUEBLO, a Municipal Corporation, GRANTOR, to Pueblo Transit GRANTEE: WITNESSETH: THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby grants to GRANTEE, its successors and assigns, a 5,280 square foot permanent easement for the purpose of constructing a transit shelter on Pueblo County Assessor's parcel numbers 0536130010 and 0536130011, in through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and depicted in the following attachment: SEE ATTACHED EXHIBIT "A" TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S equipment or facilities therein or use thereof. Such reservation by the GRANTOR shall in no event include the right to locate or erect or case to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. GRANTOR warrants to GRANTEE the GRANTOR (a) has good and sufficient right and title in and to the Property and full power to grant this permanent easement, and (b) will defend GRANTEE'S quiet and peaceful possession of the Property and permanent easement against all persons who may lawfully claim title to the property. "GRANTEE" shall include the plural and the feminine. The Permanent Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTOR and GRANTEE. SIGNED this 8th day of Jul 1 GR. OR y Stephen G. Nawrocki City Council President STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this r day of _ , c2 13 by Stephen G. Nawrocki, City Council President. Witness my hand and official seal. My commission expires: / 1614,c17 41 . ,„ (SEAL) Notary Public JEANETTE R. GONZALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29, 2017 EXHIBIT "A" The South 15' of Lots 9,10,11,12,13,14,15,16, Block 41, in that part of the present City of Pueblo which was surveyed and platted by H.M. Fosdick, Civil Engineer, for the Probate Judge of Pueblo County in March 1869, as shown by the recorded plat thereof, County of Pueblo, State of Colorado. 3RD ST. P AN OF PU a BLO ill g 1 9 16 EMENT 352'± 2 \D ST. -- - -- ---- - - - - -- -- - - - - -- 1948835 EASE 07/12/2013 01:14:11 PM Page: 2 of 2 R 16.00 0 0. 00 T 16. Gilbert O rtiz C lerk /Recorder, Pueblo County, Co Mi '�R tII M@MI 1111 fl I • � EARL WILKINSON, P.E. MICHAEL E. "MICKEY" BEYER, P.E. Director of Public Works CITY OF PUEBLO Assistant Director of Public Works DEPARTMENT OF PUBLIC WORKS 211 EAST "D" STREET, PUEBLO, CO 81003 (719) 553 -2295 FAX (719) 553 -2294 REAL PROPERTY DONATION Project Code: 18698 Parcel No: 536130010 & 536130011 Location: 210 N. Grand Avenue State Highway No: N/A Property owners whose real property is needed for a transportation improvement project may donate all or any part of the property to City of Pueblo, or may donate (waive receipt of) all or any portion of just compensation due the owner for the property required for the project. Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice from the Internal Revenue Service or a tax expert regarding the current rules for valuation. It is the property owner's responsibility to ascertain the fair market value of the property for tax purposes. The City will pay the reasonable cost of an appraisal for tax purposes if the value of the acquisition is estimated by the City at $5,000 or more and the appraisal is prepared by an independent appraiser. If the property is contaminated, the costs to clean up such contamination will not exceed the value of the property. Donation of the property is made voluntarily and with full knowledge of the right to receive just compensation. See the attached "Exhibit A" which is incorporated herein. The undersigned hereby releases the City from obtaining an appraisal of the acquired property, waives the right to receive an appraisal other than an appraisal for tax purposes as described above, and waives the right to receive just compensation for the property. The undersigned hereby agrees to execute the necessary conveyance instruments to transfer said property free and clear of all liens and encumbrances. 4 4111PEP July 8, 2013 S - en G. Nawrocki Date City Council President ACCEPTED FOR PUEBLO TRANSIT: Cam, 'I' 7/9 A3 Earl Wilklffson Date President Attachment (Exhibit A)