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Home My WebLink About13026 RESOLUTION NO. 13026 A RESOLUTION TRANSFERRING CERTAIN REAL PROPERTY AND APPROVING A SLOPE MAINTENANCE EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Pueblo, a Municipal Corporation, is the owner of certain real property proximate to the proposed Dillon Drive / Interstate 25 Interchange project; and WHEREAS, a part of the western portion of said land is being transferred to the Colorado Department of Transportation (CDOT) for the purpose of constructing and maintaining a portion of the aforementioned Interchange project; and WHEREAS, a part of the eastern portion of said land will be overlain with a Slope Maintenance Easement and granted to CDOT for the purpose of maintaining an embankment slope; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed from the City of Pueblo, a Municipal Corporation (Grantor) to the Colorado Department of Transportation (Grantee), 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 the Quit Claim Deed in the name of the City. SECTION 2. The Slope Maintenance Agreement from the City of Pueblo, a Municipal Corporation (Grantor) to the Colorado Department of Transportation (Grantee), 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 the Slope Maintenance Agreement in the name of the City. SECTION 3. The City Clerk is directed to cause said Quit Claim Deed to be recorded immediately in the office of the Pueblo County Clerk and Recorder. SECTION 4. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 5. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: August 11, 2014 BY: Ed Brown COUNCILPERSON City Clerk’s Office Item # M-3 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: August 11, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION TRANSFERRING CERTAIN REAL PROPERTY AND APPROVING A SLOPE MAINTENANCE EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION SUMMARY: Attached are the Quit Claim Deed and Slope Maintenance Easement. Transferring the property and approving a slope maintenance easement are both necessary for the project. PREVIOUS COUNCIL ACTION: 2006 Ordinance No. 7533 to create a North Pueblo Urban Renewal Area 2007 Ordinance No. 7646 establishing project CP0712 – FY2007 Dillon Drive/I-25 Overpass 1601 Study 2008 Ordinance No.7785 Accepting FHWA Grant/Approving IGA w/ CDOT/Creating Design Phase Project (DT0802) 2008 Resolution No. 11288 to Award Engineering Design Services Contract to SEH 2009 Ordinance No. 8025 Accepting the Remainder of the FHWA Grant, Amending the IGA w/ CDOT and approving a CMO w/ SEH 2010 Resolution No. 12017 to Approve a Funding Plan 2011 Resolution No. 12224 to Approve a Final Design Services Contract with SEH 2012 Resolution No. 12292 to Amend the SEH Contract 2013 Resolution No. 12589 to Amend the SEH Contract 2013 Resolution No. 12779 to Amend the Funding Plan 2013 Ordinance No. 8660 to Approve a Cooperation Agreement w/ PURA 2014 Ordinance No. 8737 to Approve a Maintenance Agreement w/ CDOT BACKGROUND: CDOT requires that certain portions of the proposed Dillon Drive / Interstate 25 Interchange be contained within the Interstate 25 Right-of-Way. The transfer of this parcel is necessary to fulfill that requirement. Additionally, CDOT requires the right of access for maintenance purposes for any area where maintaining a slope is crucial to the integrity of the interchange. Granting CDOT a Slope Maintenance Easement is necessary to fulfill that requirement. Attached is a copy of the Deed and Easement. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The City of Pueblo has held three public meetings concerning the interchange project. ALTERNATIVES: Denying this Resolution would result in the City of Pueblo being unable to proceed with the associated interchange project. RECOMMENDATION: Approval of this Resolution. PROPOSED MOTION: Motion to approve the Resolution. Attachments: Quit Claim Deed Slope Maintenance Easement rt.: Resolution 13026 1983039 QUIT 08/21/2014 03:28:42 PM Page: 1 of 1 R 11.00 D 0.00 T 11.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III NMI1114l41h'0'I.11+! CJ 0904/111:11.11;ra1111.11; ®III I QUITCLAIM DEED NE THIS QUITCLAIM DEED, made this 11th day of August , 2014 between the City of Pueblo, Colorado, a Colorado municipal corporation, whose legal address is 200 S. Main Street, Pueblo, CO 81003 (hereinafter referred to as "Grantor") and the Colorado 03V lig Department of Transportation (hereinafter referred to as "Grantee"); r "_ a >. in m - WITNESSESTH, that the Grantor, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of :.-24 which is hereby acknowledged, has QUITCLAIMED, and by these presents does QUITCLAIM, m®a unto the Grantee, his heirs, successors and assigns, all right, title and interest that the Grantor has m0 --z" in the real property, together with improvements, if any, situate, lying and being in Pueblo mm o 1. County, State of Colorado, described as follows: o�� y ~YS1 See Exhibit AN" U ,42 UM,, IN WITNESS WHEREOF, this Quitclaim D- .--_--. ecuted by Grantor to be effective ��o the day and year first above written. 04 4a>v$;o,'o. v GRANTOR: (fr, \ �1, .,:-,,�� 'Tt aa El , ,„2�/ /rpt I ,Mos• ' JlierAW a terve:•a."4 ! By it OA" -`'A. - . \• �' ' it $A°iTitle: President of City /ouncil Q4AQ� J 1 ,/. j STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was ac owledged before me t�}is � l'' day of /C. Xielto its , 2014 by L 7d a H ,Oa.I . LJ Witness my hand and official seal. My commission expires: ,/huck 0 a4/7 ►. [ SEAL ] - ��_ .%.' / •A' AL dei# Not. Public JEANETTE R. GONZALES . NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017 1984359 CORR_D 09/09/2014 08:59:55 AM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Ell FM tifirlitillAiia (III EXHIBIT"A" PROJECT CODE: 16640 PROJECT NUMBER: MPP 0251-331 PARCEL NUMBER: RW-5 DATE: JANUARY 16,2014 LEGAL DESCRIPTION A tract or parcel of land No. RW-5 of the Department of Transportation, State of Colorado, Project Code 16640,Project Number HPP 0251-331, containing 0.269 acres,more or less, in the Southwest Quarter of Section 1, Township 20 South,Range 65 West of the Sixth Principal Meridian in Pueblo County, Colorado, said tract or parcel being more particularly described as follows: Commencing at the easterly terminus point of the southerly line of Dillon Drive, said terminus point being situated on the westerly line of Interstate 25, from whence the west sixteenth corner of said Section 1 bears North 79°31'08" West,a distance of 584.90 feet, said terminus point being the TRUE POINT OF BEGINNING; 1.Thence along said southerly line of Dillon Drive South 87°46'46" West,a distance of 156.18 feet; 2.Thence North 32° 02'30" East, a distance of 121.00 feet to the north line of said Dillon Drive; 3.Thence along said northerly line of Dillon Drive North 87°46'46" East,a distance of 78.08 feet to the abovementioned westerly line of Interstate 25; 4.Thence along said westerly line of Interstate 25 a distance of 100.50 feet along the arc of a non-tangent curve to the left with a radius of 5,830.00 feet,and an interior angle of 0°59' 16", (the chord of said arc bears South 7°55' 16"East,a distance of 100.50 feet) to the TRUE POINT OF BEGINNING. The above described parcel contains 0.269 acres,more or less. Basis of Bearings: All bearings are based the Colorado State Plane, South Zone. The line connecting National Geodetic Survey Station"B4"and National Geodetic Survey Station "U348", is calculated as bearing South 10°47' 01"East. For and on behalf of the4 Leverington&Associates,Inc. j',: ;,'," °�s; Robert E. Leverington,Jr.,PLS 3793 rc;;� 1�+ i`4' (719) 543-5300eyrj 517 West 5th Street, Suite 102 x;'�`r�'o 37956;�� Pueblo, Colorado 81003 "3,-- l 1.' re: Resolution13026 Reception 1983040 08/21/2014 03:28:42 PM SLOPE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that CITY OF PUEBLO of PUEBLO County, Colorado hereinafter called the Grantors, for and in consideration of the sum of TEN DOLLARS ($10.00) and other good and valuable considerations to them in hand paid, receipt whereof is hereby acknowledged, have given and granted, and by these presents do hereby give and grant unto the DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, hereinafter called the Grantee, an Easement on, along, over and across the following described premises, to-wit: See attached Exhibit"A" dated: JUNE 30, 2014 for: Project Number: HPP 0251-331 Slope Easement Number: SE-7 Project Code: 16640 The easement hereby granted shall be subject to the following conditions: I. Said easement shall be valid and remain in effect until such time as the Grantor shall excavate or fill his adjacent land to a level where the slope would intersect the right of way line. On completion of such excavation or embankment,the Grantor will apply to the Grantee for release of said slope easement. 2. At no time hereafter,shall the Grantors,or anyone claiming by,through,or under them,perform any act or thing which is or may be detrimental to,or have any adverse effect upon the stability of said excavated slopes or embankment, or which shall interfere with the flow of drainage. . o IN WITNESS WHEREOF, We, the Grantors, hav/ dun :o se •ands and seals this t„day of August , AD 20 14 . g k *114.14A c` sr 04./i EBLO + ,,., 11 I STATE OF COLORADO fa ° / ss. COUNTY OF ` Andra /The foregoing instrument was acknowledged before me by /t • ba-Pr Witness my hand and official seal this i i day ofgList , via01. J ,A :, . , ' gOFommissionpir ry Public Ar JEANETTE R. GONZALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29,2017 1983040 EASE 08/21/2014 03:28:42 PM Page: 2 of 2 R 16.00 De 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III IFFIEVL1/21i1L i'i M� .' i'fi Ld�'i�� II II EXHIBIT "A" PROJECT CODE: 16640 PROJECT NUMBER: HPP 0251-331 SLOPE EASEMENT NUMBER: SE-7 DATE: JUNE 30, 2014 LEGAL DESCRIPTION A slope easement No. SE-7 of the Department of Transportation, State of Colorado, Project Code 16640, Project Number HPP 0251-331, containing 1.817 acres, more or less, in the Southwest Quarter of Section 1, Township 20 South, Range 65 West of the Sixth Principal Meridian in Pueblo County, Colorado, said tract or parcel being more particularly described as follows: Commencing at a point on the north-south centerline of said Section 1, from which the center of said Section 1 bears North 50 01'20"East a distance of 581.04 feet, said point being situated on the westerly line of the Union Pacific Rail Road and being the TRUE POINT OF BEGINNING; I. Thence along said westerly line of the Union Pacific Rail Road North 26°43'26" West, a distance of 441.70 feet; 2. Thence leaving said westerly line of the Union Pacific Railroad South 2° 52' 14" West, a distance of 760.34 feet to a point on the easterly line of Interstate 25; 3. Thence North 26° 09'50" East, a distance of 294.40 feet; 4. Thence North 68° 12' 19" East a distance of 141.25 feet to the TRUE POINT OF BEGINNING. The above described parcel contains 1.817 acres, more or less. Basis of Bearings: All bearings are based the Colorado State Plane, South Zone. The line connecting National Geodetic Survey Station "B4"and National Geodetic Survey Station "U348", is calculated as bearing South 10°47' 01" East. For and on behalf of the Leverington &Associates, Inc. ,.•� ,, Robert E. Leverington, Jr., PLS 37956 •o;. (719) 543-5300 'V/%� ' �;. ,;* 517 West 5th Street, Suite 102 - �' Pueblo, Colorado 81003 37956 .p �l wF •a, IV,4L A�U "