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HomeMy WebLinkAbout08920 ORDINANCE NO. 8920 AN ORDINANCE GRANTING A PERMANENT EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF I-25 ON PARCEL C OF GRUMA SUBDIVISION BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The permanent easement dated September 28, 2015, 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 hereby authorized to sign said permanent easement on behalf of Pueblo, a Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest the same. SECTION 3. The City Clerk is directed to cause said permanent easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. 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 Ordinance and the contract to effectuate the transactions described therein. SECTION 5. This Ordinance shall take effect immediately upon final passage and approval. INTRODUCED: September 14, 2015 BY: Ed Brown PASSED AND APPROVED: September 28, 2015 City Clerk’s Office Item # R-1 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 14, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: AN ORDINANCE GRANTING A PERMANENT EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE RECONSTRUCTION OF I-25 ON PARCEL C OF GRUMA SUBDIVISION SUMMARY This Ordinance grants a permanent easement to the Colorado Department of Transportation for the reconstruction of I-25, including bridge structure and piers, over Parcel C, commonly referred to as Gruma Drive, in the Gruma Subdivision. PREVIOUS COUNCIL ACTION: Ordinance No. 4948 approved the acquisition of certain portions of the Atchison, Topeka and Santa Fe Railway, commonly known as Gruma Drive. Ordinance No. 8632 approved the Gruma Subdivision, in which, City owne, old railroad right-of- way commonly known as Gruma Drive was platted as Parcel C. BACKGROUND The roadway commonly referred to as Gruma Drive east of Santa Fe Avenue is an old railroad right-of-way acquired by the City in 1982. Since them, the roadway has been open to public travel and provides access to Mission Foods, the Goat Hill neighborhood, the City’s Smelter Hill compound used for police and fire training and communications. With the approval of the Gruma Subdivision in 2013, a parcel was platted over Gruma Drive allowing the City full control of the property for the development of the HARP east of Santa Fe Avenue. The Colorado Department of Transportation is requesting the City grant a permanent easement over and on Parcel C (Gruma Drive) for the reconstruction of I-25. The I-25 bridge structure width will accommodate the travel way for existing Gruma Drive and space for the construction of the HARP channel in the future south of Gruma Drive. FINANCIAL IMPACT There is no financial impact to the City. BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: In 2000, the Federal Highway Administration (FHWA) and the Colorado Department of Transportation (CDOT) initiated an Environmental Impact State Study (EIS) as part of the National Environmental Policy Act (NEPA) of I-25 through Pueblo, Colorado. The Record of Decision for I- 25 north of the Arkansas River was signed April 17, 2014 by FHWA. As part of the EIS numerous public meeting have been held the New Pueblo Freeway Project and is designed with respect for the traditions and trends of the Pueblo community, and is consistent with the New Pueblo Freeway EIS and aesthetic guidelines established for the I-25 corridor through Pueblo. ALTERNATIVES: Denying this Ordinance would not allow for the construction of I-25 over Parcel C. ATTACHMENT: Permanent Easement Reception 2020073 10/29/2015 03:32:17 PM PROJECT NO.:FBR 025A-019 LOCATION: Interstate I-25—Ilex Design Build PERMANENT EASEMENT NO.: PE-104 PROJECT CODE: 19205 PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS,that City of Pueblo, a municipal corporation of Pueblo County, State of Colorado, Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00), and other valuable consideration, in hand paid by DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, Grantee, receipt of which is hereby acknowledged, has given and granted and by these presents does hereby give and grant unto the said Grantee, its heirs, successors, and assigns a PERPETUAL EASEMENT on, along, over and across the following described premises,to-wit: I See Attached Exhibit"A" for legal description: Signed this '2$day of S e?4.er%6 er, 2015. - z.o •. = 04• c Ci . ' ueb e a corporation ,e,, 4 1 A To , ti +\ ; By: Stephen G.Nawrocki, President of City I + : r Council \ . ` ' fnir's 44, TIN lIII f / oa : ivy'./ ATTEST: 4p0t1aT City k STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before be this Sapierniv,r Q aOil 5 by Stephen G.Nawrocki, President of City Council and by Gina Dutcher as City Clerk. 4i/(11/11fta0-1Arit.?0,___ .,**tIoA Aiti, , . .. (Notary's official signature) m, 1.1r•. • I INV oa - Iy - a© I (0 -.tP MI6 Expiration) 9 ••'•' OF Cpl P a '' N EXPIRES 2020073 EASE 10/29/2015 03:32:17 PM Page: 2 of 5 R 31.00 D 0.00 T 31.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co mill routw :m� EXHIBIT"A" PROJECT NUMBER: FBR 025A-019 PEMANENT EASEMENT NUMBER: PE-104 Project Code: 19205 Date: June 2,2015 DESCRIPTION A permanent easement No.PE-104 of the Department of Transportation, State of Colorado, Project No. FBR 025A-019 containing 0,567 acres, more or less, located in the SW 1/4 of Section 31, Township 20 South,Range 64 West of the Sixth Principal Meridian, in Pueblo County, Colorado, said permanent easement being more particularly described as follows: Commencing at a point from which the SW corner of said Section 31, (a 3 1/4"Brass Cap in concrete), bears South 12°42'51"West, a distance of 2,362.19 feet, said point being on the northerly line of said Lot 1,Blazer Subdivision, Second Filing as described in the Office of the Pueblo County Clerk and Recorder at Reception No. 1053650, said point also being on the westerly right-of-way line of Interstate highway I-25 as established by The Colorado Department of Transportation Project Numbers I 003-3(21) and I 25-1(6)99,said point also being the TRUE POINT OF BEGINNING: 1. Thence along said right-of-way North 5°13'30"East, a distance of 116.18 feet; 2. Thence South 54°06'37" East, a distance of 43.50 feet; 3. Thence on the arc of a curve to the left, a distance of 207.33 feet, said curve has a radius ti of 2,814.98 feet, a central angle of 4°13'12", and a long chord bearing South 56°13'17" East, a distance of 207.28 feet; 4. Thence South 7°51'00"West, a distance of 108.91 feet,to a point on the northerly line of said Lot 1, Blazer Subdivision, Second Filing; 5. Thence along said lot line, on the arc of a non-tangent curve to the right, a distance of 242.92 feet, said curve has a radius of 2,914.90 feet, a central angle of 4°46'30", and a long chord bearing North 56°48'38"West, a distance of 242.85 feet,more or less, to the TRUE POINT OF BEGINNING. The above described permanent easement contains 24,681 square feet, (0.567 acres)more or less. The purpose of the above described permanent easement is contstruction on maintenance of roadway improvements. Basis of Bearings: Bearings are based on the south line of the SW 1/4 of Section 31, Township 20 South,Range 64 West, of the Sixth Principal Meridian. Bearing being South 88°22'15" East. The SW corner of said Section 31 being a 3 1/4"Brass Cap in concrete and the S 1/4 corner of said Section 31 being a#4 rebar. Prepared for and on behalf of the Colorado Department of Transportation Jeffry P. Eickehnan,PLS #29034 Farnsworth Group, Inc. 4755 Forge Road- Suite 150 Colorado Springs, CO 80907 2020073 EASE 10/29/2015 03:32:17 PM PGi2glbert3Orotiz5Clerk/Recorder, PuebloCounty,0 D 0.00 T 300 Co kirrAlliddifiradiAl11111i �1001 +,0 kYiI i III 2020073 EASE 10/29/2015 03:32:17 PM Page: 4 of 5 R 31.00 D 0.00 T 31.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III IrJ 2 K l 4 ii4:INA WI I'llidd.,1,14K4 11111 i 1 Colorado Department of Transportation Sheet Revisions Sheet R It {' P.O. Box 536 Dale Description Initials Dote C1DOT Dela , 905 Erie Avenue t� ' Pueblo,CO 81002 ` 'a, Phone:719-54 6-5717 FAX:719-546-5414 Region 2 DRP ' G� . I "` 1-25 CL CURVE r , , \Q cg \, 1 ` \ i ' A 15°4 7'01" t� h , --- i N-....,‘,.....:`::39.14,\'''''')/--",-.;;WATER QUALITY R 3,050.00' ty N GF TREATMENT ',••f' L 840.20' - t,;,l I� y 1 1. FS t DETENTION 1� c;',!•••.0 ^ CN, 837 54 \ ; \.',\. POND ESMT 1 CB NO2°10'16'W I 1 ' — 4,0� PER PLAT -, �1 I C4. E:1, '47 1 ,,, '1 ....1 I 330+00 `t __ 4'04'; •"*..'...,,, c,-.)5,....) , I \ \ -I I �� , ° �a I\ \, END ROW, 1 PROJ FBR k t.,_/'..,.. ,� �0 1 �� CL STA 329 r— \ .,/ � V ]\ S54°06137"E ",•. 43.50'1 11 If t?329+00 �� x A \ I,, /'s M w / " R 2,814.98' \ ••4 r �`� � L 207.33' W i '.,.POB PE-104'\ u, :a // r'•-'\ t. C 207.28' ,, 14 S12°42151"W - 2,362.19' % � \ g '� '`� � � � CB S56°13'17"E TO SW COR SEC 31 ;I - �\ i \ I;' (PE_lo4 . . , n I E4-W INVESTMENTS,LLC I • / 328+Oo �'... ! 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