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13420
RESOLUTION NO. 13420 A RESOLUTION ACCEPTING AN EASEMENT FOR THE CONSTRUCTION OF THE DILLON DRIVE/INTERSTATE 25 INTERCHANGE FROM W.L. ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP WHEREAS, the owner of real property located at the southwest intersection of Dillon Drive and North Elizabeth (PE-7), granted an Easement, and WHEREAS, such easement is necessary for the construction of the Dillon Drive/Interstate 25 Interchange and adjacent roadway improvements. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement (PE-7) for construction of the Dillon Drive/Interstate 25 Interchange, 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 City Clerk is further directed to cause same to be recorded in the Office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED April 25, 2016 BY: Ed Brown City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 25, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT FOR THE CONSTRUCTION OF THE DILLON DRIVE/INTERSTATE 25 INTERCHANGE FROM W.L. ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP SUMMARY: Attached is a Resolution accepting easement (PE-7) for construction of the Dillon Drive / Interstate 25 Interchange from W.L. ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP. 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 2014 Resolution No. 12963 to Accept a Bargain and Sale Deed from WL Enterprises, LLC 2015 Resolution No. 13151 to Approve a Construction Contract to American Civil Constructors BACKGROUND: The geometry of the proposed Dillon Drive / Interstate 25 Interchange and adjacent improvements required additional real estate from the adjoining property owner. This most recently acquired easement (PE-7) was required to construct drainage improvements to accommodate the eventual build-out template of North Elizabeth Street. FINANCIAL IMPLICATIONS: All real property necessary for the easements described herein was donated by W.L.ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP at no cost to the project or to the City. BOARD/COMMISSION RECOMMENDATION: Not Applicable STAKEHOLDER PROCESS: The City of Pueblo has held four public meetings concerning the interchange project. ALTERNATIVES: None RECOMMENDATION: Approval of this Resolution. Attachments: Easement: PE-7 re: Resolution 13420 Reception 2045209 08/15/2016 02:20:14 PM I III EASEMENT Permanent Easement-7 THIS EASEMENT, granted this 2-& day of 0.....177 ^ , 2015, by WL Enterprises, LTD, Grantor, to Pueblo, a Municipal corporation, 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 10,400 square foot easement for the purpose of constructing drainage improvements associated with the Dillon Interchange Project(see attached Exhibit"A"-Drawings No. 86-Revised and 87-Revised), in,through,over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows: See Attached Exhibit "B" (Legal Description and Graphic) TOGETHER WITH the right to enter upon said property for the purpose of construction,maintenance,control and repair, and together with the right to use so much of the adjoining property of Grantor for said purposes. All improvements shall be furnished and installed by the City,at no cost to the Grantor.The Grantor reserves the right to use and occupy said property for any purpose consistent 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 cause to be located or erected any building or any other • structure upon the easement. Grantee shall have the right to remove, at Grantor's expense, buildings, structures and other objects located on the easement interfering with the construction, maintenance,operation,control or use of the easement for its intended purpose. Grantor warrants to Grantee that Grantor(a)has good and sufficient right and title in and to the property and full power to grant this easement,and(b)will defend Grantee's quiet and peaceful possession of the easement against all persons who may lawfully claim title to the property. "Grantee"shall include the plural and the feminine. This easement shall run with the land,be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. SIGNED this day of , 2015. GRANTOR: 00 cit-• 1 —S t By ` 'a...W.cz'(f>1 ,!jfi./!"_s " >./P(t15 /4(1)COUNTY OF PUEBLO ) ,J J )ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 7; day of C { , ,2015 by 0 bra _, 17r ce MGit-o- ^-- o— Lt ' r 'y-() L-1 / Witness my hand and official seal. My commission expires: (2 r t c/.?-cv7 1 [ SEAL ] .- t `!fir WRA DAVID LYTLF k -1 Public NOTARY PUBLIC STATE OF COLORADO NOTARY I© 19874123478 R4Y C°MMlSSfOP!EXPIRES 12/15/2017 RECORDER'S Nom! C A >_,3O oti ---- The document presented to the Pueblo Clerk&Recorder is acopy not an origlnab • 2045209 EASE 08/15/2016 02:20:14 PM Page: ert 2OrtizClerk/of 3 R 2Re1 .00 Dcorder0Pu.00ebT 21.00 Gilb , lo County, Co III III I Exhibit "B" Legal Description Permanent Easement 7 (PE-7) Bearings based on State of Colorado Right of Way Plans for Dillon Interchange Project(HPP 0251-331) (Note: Bearings differ from Recorded Plat Pueblo Crossing Filing No.1 City of Pueblo,County of Pueblo,Colorado. Filed for record December 18,2003 Reception fl 1542506.) Commencing at the West'/4 Corner of Section 1,Township 20 South, Range 65 West of the Sixth Principle Meridian.City of Pueblo, Pueblo County,Colorado Thence South 69 Degrees 18 Minutes 21 Seconds East a distance of 816.64 feet to a point being the intersection of the West Right of Way of North Elizabeth Street and the South Right of Way of Dillon Drive formerly known as Platteville Blvd, said point being the Point of Beginning. Thence South 19 Degrees 16 Minutes 31 seconds East along said West Right of Way of North Elizabeth Street a distance of 130.00 feet. Thence North 70 Degrees 06 Minutes 47 Seconds West a distance of 206.35 feet to a point on the South Right of Way of Dillon Drive. Thence North 70 Degrees 50 Minutes 17 Seconds East along the said South Right of Way of Dillon Drive a distance of 160.00 feet to the Point of Beginning. Said PE-7 containing 0.24 acres, more or less. 20452098EASE 08/15/2016 02:20:14 PM Gllbee�rt.3Oprotfiz3C1erk?Reoorddegr�0, .1(40e blo2Cou0nty Co 4 ` III iFBI QFI� 'I o iM f II '� °` �11�I1§di Y �11ri MI II1 EXHIBIT "B', "N W i CORNER SECTION 1, T20S, R65W FOUND 1 i" ALUMINUMW i���/�� E TRICO CAP PLS NO. 7168 /" - ', NORTHING: 1,610,195.57 �/ "" -00 a. EASTING: 3,251,301.82 S --, -' �7\ " ice' " -ter" �1664 (M)•` `N,..,,>., 1 - -/- 8� 9 5 POB \ 8•5,�� �.•IN (PE-7) t vE,_ (p)' Yp) ‘ CIO-)---41----) \ cAe.ci oo,,k.0.- . 1605 \2� \ \ \ \ \ \ . 4.59. \' _?( ,, \ \ \ \ \ \ \ \ -8,.. c1 11„E \ \i�. �C `R!'�7\ \ c,+ CYC 50 Op\ \ \ \ \ i \ \ \ > A: p � N10� \99'\ \ \ \ \ \ \ \`�.S?D' O6• V\� \ o f • �. \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \• 2063 ' w \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \'�, \ �' 0.49' \ \ \T\�� \ \ \ \ \ \ \ (TE-7)08 \ 28•E \ \ \ \ \ \ \ \ \ \ \ \ v. ,13.30' \ \ \ � � \ \ \ \ \ \ v \ \ \ KEY: L=56.38' R=780.00' \ (M)-DISTANCE MEASURED IN FIELD A=4'08'30” (P)-PLAT DISTANCE OR PLAT BEARING-PUEBLO CROSSING, FIL. NO. 1 1 BASIS OF BEARINGS; \ BEARINGS BASED ON STATE OF COLORADO L=526.27' R=780.00' \ RIGHT-OF-WAY PLANS FOR DILLON INTERCHANGE A=38'39'27"\ PROJECT(HPP 0251-331) \\ NOTE: BEARINGS DIFFER FROM RECORDED PLAT PUEBLO CROSSING FILING NO.1 CITY OF PUEBLO, \ COUNTY OF PUEBLO, COLORADO. FILED FOR RECORD DECEMBER 18, 2003 RECEPTION#1542506. 0 50 100 1 1---I I Feel CITY OF �p PUBLIC WORKS DEPARTMENT SCALE nLE(N):r=Sa DILLON DRIVE/I-25 INTERCHANGE DRAWING NO LJUE � ENGINEERING DIVISION AWN BY:KLA PE-7 $. 211 EAST 9)515 EkTPUEOLD, 0 61003 DESIGNEDBY:: DILLON DR. &N. ELIZABETH SHEET NO COLORADO ((719)5532294 FAX CHEfXED BY:MB (719)553.22990036 DATE:6/26/2015 EASEMENTS 1