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Home My WebLink About14355 RESOLUTION NO. 14355 A RESOLUTION APPROVING CONVEYANCE OF TEMPORARY EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF AN UNDERGROUND UTILITY ON THE CITY OF PUEBLO’S HONOR FARM PROPERTY WHEREAS, the City owns the Honor Farm property located south of State Highway 50 and west of Pueblo Boulevard; and WHEREAS, said property has a conservation easement held by the Department of Natural Resources for the use and benefit of the Colorado Department of State Parks an Outdoor Recreation (“Conservation Easement”); and WHEREAS, the Conservation Easement requires the City to notify the State of the potential construction, and the State was notified of construction proposed by the Colorado Department of Transportation; and WHEREAS, the City wishes to convey a temporary easement to the Colorado Department of Transportation for the construction of regional stormwater drainage improvements on the Honor Farm property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Memorandum of Agreement for a Temporary Easement (“Temporary Easement”) dated February 24, 2020 from the City of Pueblo to the Colorado Department of Transportation, a copy of which is attached hereto, having been approved by the City Attorney, is hereby accepted and approved. The Mayor is hereby authorized and directed to execute same for and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto. SECTION 2. The City reserves the right to use and occupy the Honor Farm property for any purpose not inconsistent with the Temporary Easement accepted herein. SECTION 3. The Temporary Easement complies with the Conservation Easement in all respects. SECTION 4. The Colorado Department of Transportation will pay the City $310.00 in compensation for the Temporary Easement. City staff are hereby directed to transfer the anticipated funds to the Honor Farm Enterprise account. SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the Temporary Easement to effectuate the transactions described therein, including recording of the Temporary Easement in the office of the Pueblo County Clerk and Recorder. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED February 10, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 10, 2020 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk From: Steven Meier, Director of Parks and Recreation SUBJECT: A RESOLUTION APPROVING CONVEYANCE OF TEMPORARY EASEMENT TO THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE CONSTRUCTION OF AN UNDERGROUND UTILITY ON THE CITY OF PUEBLO’S HONOR FARM PROPERTY SUMMARY: This Resolution conveys a temporary easement to the Colorado Department of Transportation (“CDOT”) on City owned Honor Farm property for the purpose of allowing construction of an underground storm drainage utility. PREVIOUS COUNCIL ACTION: City Council approved the deed of Conservation Easement Honor Farm Open Space and Park Parcels on June 29, 2001. BACKGROUND: The Colorado Department of Transportation (“CDOT”) contacted the City in May of 2019 and is seeking to improve the US 50 corridor, including through the addition of a water quality pond west of Pueblo Boulevard. CDOT proposes construction of an underground stormwater pipe in compliance with the temporary easement under a small portion of the Honor Farm property. The Conservation Easement that encompasses the Honor Farm property is granted to the State of Colorado through the Department of Natural Resources, for use and benefit of the Colorado Division of Parks and Outdoor Recreation (“State”) for the purpose of conserving the open space, park, and recreation character of the Honor Farm property. Per Section 6 of the Easement, the City is required to notify the State prior to undertaking any construction on the property. Notification occurred on June 4, 2019 and again on November 11, 2019. No responses were received from the State regarding the construction of the Conservation Easement. The City and CDOT have agreed to a temporary easement for CDOT to complete the work, subject to the Conservation Easement and CDOT restoring and revegetating the premises to a condition that is reasonably comparable to its previous condition. CDOT wishes to begin construction as soon as the temporary easement is fully executed. FINANCIAL IMPLICATIONS: CDOT will issue funds in the amount of $310.00 to the City of Pueblo as compensation for the temporary easement. Said funds will be deposited to the Honor Farm Enterprise account. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: CDOT will not be able to complete the drainage improvements if the Temporary Easement is not approved. RECOMMENDATION: Approval of the Resolution. Attachments: Memorandum of Agreement for a Temporary Easement re: Resolution 14355 Reception 2169556 2/20/2020 3:31 PM 1 Project Code:22123 Parcel No: TE-3 COLORADO DEPARTMENT OF TRANSPORTATION MEMORANDUM OF AGREEMENT Project No:STA 0503-088 Location: Pueblo West Pond TEMPORARY EASEMENT(S) County:Pueblo State Highway No:50 /, Ci This agreement m eon(date rt: 1 , 202,0s between the State of Colorado for the use and benefit of the Colorado Department of Transportation(GRANTEE)for the purchase of the Temporary Easement parcel(s) listed above from the Owner( The City of Pueblo,a Municipal Corporation (GRANTOR). s) Just compensation was prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed below is full consideration for the following Temporary Easement(s), improvements, and damages of any kind. Temporary Easements(shown in attached exhibits) I 61,362 Sq.ft®/acresID $306.81 Improvements: $ Damages: $ III.. Gross Total $306.81 a,al N Less Credit $ ...-•o„co Net Total $310.00(rd) 6::-..2,, Other conditions:This temporary easement will terminate one(1)year from the date construction starts or 30 days after r, N completion of construction,whichever is earlier.The phrase"date construction starts"means the date the contractor enters w42.-.. the property to begin construction.No other document is required. ---i m The GRANTOR and GRANTEE agree that: A N -with the exception of any Relocation Agreement(CDOT Form#591)there are no promises,terms,conditions,or obligations other than —a*• m those listed on this agreement. w c m m -this contract is binding on both the GRANTOR and GRANTEE and their heirs,devisees,executors,administrators,legal representatives, a. ta successors,assigns,and designees,but only after approval by one of the following on behalf of the,Region Right of Way E m 0 w m"' Manager/Supervisor or their superiors as indicated below. -the compensation shown on this agreement is for the temporary easement(s)described and damages of any kind. -ti m m ea The GRANTOR: 11M o—13 -has entered into this agreement only because the GRANTEE has the power of eminent domain and requires the property for public €n N purposes. - o ' -in accordance with the Deed of Conservation Easement Honor Farm Open Space and Park Parcels City of Pueblo dated June 29,2001 }j m ("Conservation Easement")on behalf of the State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Colorado Division of Parks and Outdoor Recreation,Grantor may allow the construction and maintenance of underground utilities on the property pursuant to Section 2(g)thereof, o -GRANTOR submitted written notification of the construction to the Colorado Division of Parks and Outdoor Recreation pursuant to lin— Sections 6 and 21 of the Conservation Easement,and GRANTEE shall aid GRANTOR in gaining any required approval pursuant to the zoo— Conservation Easement. IPE The GRANTEE: - -will be entitled to specific performance of this agreement upon tender of the agreed consideration. -will be held harmless from any claims against the property or to any interest in the property,except for any benefits due under relocation law. -will take possession of the parcel(s)when it tenders payment to the GRANTOR unless other arrangements are made that follow Title III of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970,as amended. -will restore the premises as close as is reasonably possible to the condition in which the property existed on the date on which the agreed consideration is paid to the Grantor. -in accordance with Section 2(g)of the Conservation Easement,will restore and revegetate the premises to a condition that is reasonably comparable to the previous condition of the property on the date on which the agreed consideration is paid to the grantee. -will notify GRANTOR 90 days prior to construction start date. Order Warrant$310.00 Payable to:The City of Pueblo,a Municipal Corporation ,Order Warrant$ Payable to: R- I •state Spe'lab. :Christina Thlebaut Grantor signature The City of Pueblo,a Municipal Corporation By:Nicholas A.Gr Isar,Mayor Dope . - approval(Reaja-ROW Msnagbr) GRANTEE signature WO Lc s e,j 2.( ... .)- DATE q .___ it 6 . cc: Project Development Branch—ROW Services(original) CDOT Form#784 TE—1/2012 Property Owner Region Right of Way Manager Region Program Engineer/Resident Engineer/Project Engineer Editions nrinr to 1/2012 are ohcnlete&may not he need 2169556 02/20/2020 03:31 :39 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. 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