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HomeMy WebLinkAbout08830ORDINANCE NO. 8830 AN ORDINANCE ACCEPTING CONVEYANCE OF AN EASEMENT FROM THE STATE OF COLORADO DEPARTMENT OF HEALTH AND HUMAN SERVICES LOCATED IN THE COLORADO MENTAL HEALTH INSTITUTE’S PROPERTY WHEREAS, the owner of real property located to the south and west of the San Carlos Correctional Facility in the Colorado Mental Health Institute’s property has granted an easement to the City of Pueblo; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement granted, copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: _ January 12, 2015 BY: Ami Nawrocki PASSED AND APPROVED: January 26, 2015 City Clerk’s Office Item # R-3 Background Paper for Proposed O RDINANCE COUNCIL MEETING DATE: January 12, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Gene Michael, Wastewater Director SUBJECT: AN ORDINANCE ACCEPTING CONVEYANCE OF AN EASEMENT FROM THE STATE OF COLORADO DEPARTMENT OF HEALTH AND HUMAN SERVICES LOCATED IN THE COLORADO MENTAL HEALTH INSTITUTE’S PROPERTY SUMMARY: Attached is the Easement Agreement for the property located to the south and west of the San Carlos Correctional Facility in the Colorado Mental Health Institute’s property. PREVIOUS COUNCIL ACTION: The FY2014 West Side Sanitary Sewer Redirection Project low bid was presented to City Council on October 27, 2014, Resolution 13085. The project was awarded to K.R. Swerdfeger. BACKGROUND: Currently, there are two broken sanitary sewer mains that are located under Burlington th Northern Santa Fe’s (BNSF) railroad tracks near Halleck Avenue and West 16 Street th and Halleck Avenue and West 17 Street. The Wastewater Department is called out to these locations at least once a month to flush the line because wastewater is backed up due to the broken pipe. There is always a possibility for the cleaning head to become lodged in the broken pipe while flushing the main. A project, FY2014 West Side Sanitary Sewer Redirection Project, was designed and competitively bid to redirect the wastewater flow from under the railroad tracks. A new sanitary main will be constructed at the manhole located in the intersection of Halleck thth Avenue and the alley between West 17 Street and West 18 Street and head south crossing the Colorado Mental Health Institute’s Right Of Way (ROW) to an existing manhole located in the southern portion of the Colorado Mental Health Institute’s ROW. This proposed alignment will not be under any railroad tracks or secured fences. The plans have been approved by the State of Colorado Department of Human Services Division of Facilities Management Southern District and an easement agreement has been drafted. FINANCIAL IMPLICATIONS: A one-time payment of $10.00 is required. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: Denial of the Ordinance will require the FY2014 West Side Sanitary Sewer Redirection Project to be postponed indefinitely. RECOMMENDATION: The Wastewater Department recommends approval of this Ordinance. PROPOSED MOTION: Attachments: Easement Agreement, Exhibit A Reception 1996678 02/17/2015 02:39:59 PM EASEMENT AGREEMENT The printed portions of this form,except bold additions,have been reviewed by the State of Colorado,Attorney General. All additions to this form must be in bold type.All deletions must be shown by strike-through. THIS EASEMENT AGREEMENT is made and entered into this 26 day of January , 2015 , by and between the STATE OF COLORADO, acting by and through the Department of Human Services, Division of Facilities Management, whose address is 4112 South Knox Court, Denver, Colorado 80236 (hereinafter, the "Grantor"), and The City of Pueblo, whose address is 1 City Place Hall, Pueblo, CO 81003 (hereinafter, the"Grantee"). WITNESSETH: That, for and in consideration of[an annual payment of_-er a one-time payment of$10.00 and other good and valuable consideration, the receipt and legal sufficiency of which are hereby acknowledged, and the keeping and the performance of the covenants and agreements hereinafter expressed, Grantor grants to Grantee a [exclusive] [nonexclusive] easement upon the following property (hereinafter, the "Property") located in the County of Pueblo, State of Colorado, to wit: A sanitary sewer easement as described in Exhibit A of this Agreement attached hereto and made a part of this Agreement by this reference, to include the right of the Grantee in association therewith to install, operate, maintain, repair, reconstruct, replace, inspect and remove, at any time and from time to time sanitary sewer pipeline, improvements consisting of the West Side Sewer Redirection Project which includes an 8-inch PVC sanitary sewer main, 48-inch manholes, and associated appurtenances. . .. . . _. .. . _ . I/ Ar . _ TO HAVE AND TO HOLD, subject to the covenants and agreements hereinafter expressed, for the purpose of using the Property for the construction and maintenance of a municipal sanitary sewer line in perpetuity subject to the terms and conditions of this Easement Agreement _ •= - •• ---••• - _, - onding]. GRANTOR AND GRANTEE MUTUALLY EXPRESSLY COVENANT AND AGREE: 1. If at any time during the term of this Easement Agreement Grantee does not for a period of 366 consecutive days make use of this easement for the purpose aforesaid, Grantor may in his sole discretion immediately declare such easement abandoned and shall so notify Grantee by certified mail with return receipt requested. In the event of such abandonment the consideration shall be forfeited. 2. This grant of easement is subject to any and all previously granted easements, rights-of-way, licenses and conveyances, recorded or unrecorded. It is Grantee's sole responsibility to determine the existence of any rights, uses or installations conflicting with Grantee's use of the Property hereunder. Grantee agrees to not interfere with any use in the easement area by any other party under a previous grant. Grantee understands and agrees that Grantor makes no representations concerning ownership of nor warrants title to any of the Property. To the extent that this grant of easement may encroach on lands not owned or controlled by Grantor, Grantee assumes all responsibility for any such encroachment. 3. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the Property. State as Grantor(REV 5/2011) 1 of 7 1996678 EASE 02/17/2015 02:39:59 PM Page: 2 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Nitliiii#1111414 11111 4. If this easement is granted pursuant to §24-82-201 C.R.S., as amended, this Easement Agreement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by§24-82-202 C.R.S., as amended, or such assistants as they may designate. Signature by the Grantor shall be deemed to be verification of approval of the commission or board, if any, of the institution, department or agency across the premises of which this easement is hereby granted. 5. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covenants shall apply to and run with the land unless otherwise specifically noted. 6. The signatories aver that they are familiar with CRS 18-8-301, et. seq., (Bribery and Corrupt Influences) and CRS 18-8-401, et. seq., (Abuse of Public Office), and that no violation of such provisions is present. 7. Grantor and Grantee agree that this Easement Agreement including all exhibit(s), supersedes any and all prior written or oral agreements, and there are no covenants or agreements between the parties except as set forth herein with respect to the use of the Property by Grantee. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever unless embodied herein in writing. No subsequent amendment hereto shall have any force or effect unless embodied in a written agreement executed and approved by the officials and officers of the State of Colorado as required by the Colorado Revised Statutes, as amended, or such assistants as they may designate. 8. Grantee shall be responsible for recording this Easement Agreement with the Clerk and Recorder's Office in the county or counties in which the Property is located. Grantee shall provide Grantor with a conformed copy of the recorded easement. 9. Any notice required or permitted by this Easement Agreement may be delivered in person or sent by registered or certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be effective when posted in the U.S. Mail Depository with sufficient postage attached thereto: Grantor: Grantee: Bradford Mem bel City of Pueblo Colorado Department of Human Services 1 City Place Hall Division of Facilities Management Pueblo, CO 81003 4112 S Knox Court Denver, CO 80236 Cc: Real Estate Programs Attn: Real Estate Specialist 1525 Sherman Street, Suite 112 Denver, CO 80203 Notice of change of address shall be treated as any other notice. 10. Grantor reserves all rights to any and all metallic and non-metallic minerals, ores and metals of any kind and character, including but not limited to coal, asphaltum, oil and gas in or under said easement. 11. If any part of this Easement Agreement is found, decreed or held to be void or unenforceable, the remainder of the provisions of this Easement Agreement shall not be affected thereby and shall remain in full force and effect. State as Grantor(REV 5/2011) 2 of 7 1996678 EASE 02/17/2015 02:39:59 PM Page: 3 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co ®III KAT: el r HAMMLR* 1111 12. This Easement Agreement shall be governed by the laws of the State of Colorado. 13. - :. - = - -- - - - , - - - - - -- - • - ' - - - CRS, as now or hereafter amended and §24 30 1501, et seq., CRS as now or hereafter 14. [use this section when grantee is a city, county or political subdivision] The parties hereto understand and agree that liability for claims for injuries to persons or property arising out of the negligence of either party, its departments, institutions, agencies, enterprises, boards, officials, and employees is controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq. C.R.S. and §24-30-1501, et seq. C.R.S. Any provision of this Easement Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the Grantor and the Grantee to the above cited laws. State as Grantor(REV 5/2011) 3 of 7 1996678 EASE 02/17/2015 02:39:59 PM Page: 4 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III kIrjEll 1011"1 % IVII/A1,14 11111 GRANTOR EXPRESSLY COVENANTS: 1. Grantee and Grantee's agents, assigns and successors shall have access at all times, subject to Grantor's security policies and procedures, to the Property for the purposes set forth herein. GRANTEE EXPRESSLY COVENANTS: 1. Grantor shall have, during the continuance of this easement, the right to dispose of the Property and to use the Property for other purposes provided such use does not materially interfere with the easement granted herein. In the event Grantor shall, in the future, wish to grant additional easements or rights-of-way which encroach upon the easement granted herein, Grantee expressly agrees and covenants it will consent to share the Property, provided the proposed additional easements or rights-of-way do not materially interfere with the purposes for which this easement is granted. 2. In the event of termination, Grantee, at its expense, shall, upon written request by Grantor, remove all improvements constructed by Grantee from the Property within ninety (90) days of termination and restore the Property as nearly as is practicable to the condition of the land existing immediately prior to Grantee's first use. In the event that Grantee does not remove the improvements within such 90-day period, Grantor shall have the option to either 1) remove the improvements and restore the Property to its prior condition and bill the Grantee for the cost of removal and restoration, or 2) consider such improvements shall be considered abandoned and the improvements shall become the property of Grantor. Except as otherwise provided herein, termination of this Easement Agreement shall be by operation of law. If this Easement Agreement is so terminated, consideration paid shall be forfeited. 3. Grantee may not use this grant of easement for any purpose other than that which is specifically described herein. If the Property is used by Grantee for any purpose other than stated herein, the easement is automatically terminated, and all of the right, title and interest of Grantee (and Grantee's successors or assigns) in and to the Property become null and void, and the Property shall absolutely revert to and revest in Grantor as fully and completely as if this instrument had not been executed, without the necessity for suit or re-entry and Grantee shall remove improvements as provided above. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or enforcement of the paragraph. 4. Grantee agrees to comply with all rules, regulations and policies authoritatively promulgated pertaining to the use of the Property. 5. To the extent allowed by law, Grantee agrees to indemnify, defend and hold harmless the Grantor against all liability, loss and expense and against all claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or omissions of Grantee, its successors, assigns, agents or contractors or arising out of Grantee's use of the Property. In the event that Grantee contracts for any work to be performed on the Property, Grantee shall require its contractors and subcontractors to indemnify, defend and hold harmless Grantor, its employees and agents from any and all claims, damages and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors' and/or subcontractors' actions or inactions. All contractors and subcontractors shall be required to abide by and follow the provisions of this easement. 6. Grantee agrees that all excavations or other temporary removal of soil as required for Grantee's use of the Property for the purposes set forth herein shall be properly replaced, and Grantee shall seed, restore and revegetate the surface to substantially its condition existing prior to the disturbance as reasonably possible. Grantee shall be responsible at all times for the immediate repair or replacement of, or reimbursement for any damage to the Property due to Grantee's use of the Property for the purposes set forth herein. Routes of ingress and egress for construction or for maintenance are to be limited to the minimum necessary locations, and all work areas created State as Grantor(REV 5/2011) 4 of 7 1996678 EASE 02/17/2015 02:39:59 PM Page: 5 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iii RIPEAT iMiliii".d it '!ir rti'll III must be obliterated, protected against erosion, and restored to the former condition of the land, as nearly as possible by Grantee. Grantor shall determine, in its sole discretion, whether Grantee's restoration complies with this paragraph. In the event Grantee fails to perform the restorative or revegetative work required by this paragraph to the sole satisfaction of Grantor, and after thirty (30) days prior written notice specifying with particularity the failure and indicating the remedial steps needed to cure same, Grantor shall be allowed to perform said work, and Grantee shall pay within thirty (30) days all direct and indirect costs incurred by Grantor for restorative or revegetative work including, but not limited to, regrading, filling, revegetation, erosion control, and replacing of soil. 7. The easement granted herein is subject to the condition that the Grantee shall properly obtain and maintain all necessary permits or approvals required by Federal, State and local laws, regulations and ordinances. Grantee shall comply with all applicable laws and ordinances (and all rules, regulations and requirements of any governmental authority promulgated thereunder) controlling environmental standards and conditions of Grantee's use of the Property. If any such law, ordinance, rule, regulation or requirement is violated as a result of Grantee's use of the Property and/or its operations on the Property, Grantee shall protect, defend, indemnify and hold harmless Grantor from and against any penalties, fines, costs and expenses including legal fees and court costs incurred by Grantor. 8. Grantee shall provide Grantor with as-built drawings showing the location of any improvements constructed on the Property (including location and depth of any improvements located underground)within thirty(30)days after completion of construction of such improvements. ADDITIONAL PROVISIONS: None. State as Grantor(REV 5/2011) 5 of 7 1996678 EASE 02/17/2015 02:39:59 PM • Page: 6 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III FOC HAIR UM NI III IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreementto be executed the day and year first above written. GRANTOR: GRANTEE.- ' ei STATE OF COLORADO • John W. Hickenlooper, Governor Acting by and through the (.' `s' Department of Human Services Reggie Bicha, Executive Director Title: President-of 'City Council Date., -anuar-Y-1264;!'2015 By: For the Executive Director Nikki Hatch Deputy Exec ive ' ector of Operations Date: �` it APPROVED: STATE OF COLORADO Department Of Personnel &Administration Real Estate Programs By: /14uh /t XJ For the Executive Director APPROVED: STATE OF COLORADO John W. Suthers, Attorney General By: N'/A State as Grantor(REV 5/2011) 6 of 7 STATE OF COLORADO ) ELIZABETH ANNE WISEMAN-KLINE NOTARY PUBLIC SS. 1 STATE OF COLORADO NOTARY ID#20134051785 COUNTY OF 4CV ) MY COMMISSION EXPIRES AUGUST 28,2017 The foregoing instrument was acknowledged before me this VI=s'ay oNICAWy1 &Er , 2011, by 14ikL1 k ci/1 , on behalf of the State of Colorado, Grantor. Witness my hand and official seal. My commission expires CZI2,KII1 6201,L.1-A9.-SLCA f----- otary Public STATE OF COLORADO ) ss. COUNTY OF i-)th10 ) ,Th foregoing strument was cknowledged before me this ay of {')Lair L , 2015by cj �►� (,()� on behalf of /the Grantee. Witness 1n hand and official seal. Y My commission expires 8-2)-2D IS . Y-)30A.V-1-X. Otet0O— Notary Public LORE_NE BRAVO-NEFF NOTARY PUBLIC STATE OF COLORADO 1996678 EASE 02/17/2015 02:39:59 PM Page: 70 of 8 R 46.00 De 0.00 11 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iii��r����r® ii �IK V,'V?t V.Va,,0i1.1114, 11111 State as Grantor(REV 5/2011) 7 of 7 1996678 EASE 02/17/2015 02:39:59 PM Page: 8 of 8 R 46.00 D 0.00 1 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 'EXHIBIT A 1111111FACIVM10'.10:01R.W.0140,Fihlil Wild ®III I SANITARY SEWER EASEMENT An easement for Sanitary Sewer purposes being 20.00 feet in width, 10.00 feet on each side of the described centerline, located the Colorado Mental Health Institute property E 1/2 of the NE 1/4 of Section 23, Township 20 South, Range 65 West of the 6th Principle Meridian, according to the records of the Pueblo County Assessor which the north right of way of West 15th Street bears N 89° 28' 54" E all bearings contained herein being relative thereto. COMMENCING at the southwest block corner of Block 22 Irving Place Addition, thence S 52° 23' 28" W a distance 132.65 feet to the POINT OF BEGINNING; thence S 54° 12' 43" W a distance 36.85 feet, thence S 28° 32' 11" E a distance 412.97 feet, thence S 26° 14' 45" E a distance 374.86 feet, thence S 33° 34' 49" E a distance 224.26 feet, thence S 38° 52' 24" E a distance 398.97 feet to the POINT OF TERMINUS. Said easement contains 0.72 acres more or less. \\ POC \t RVING PLACE ADDITION — _ BLOCK 22 \S52° 23' 28"W I N89`:_a§',:_, 1"".E. 05 "E 132.65' 111�T AM i:&I NORTH 11 \[S54° 12' 43"W — — - SCALE 1"=250 36.85' �' �. POB r:\ " CARLOS S28° 32' 11"E ('ORRECTIONAL 412.97' ACILITY . \. , 11111111 s s in J S26° 14' 45"E 374.86' \ ' N N \ I -\\ )\ . il S33° 34' 49"E �` 224.26' 1l \ - — — S38° 52' 24"E 398.97' - - -\ — — r POT �\y