HomeMy WebLinkAbout14411RESOLUTION NO. 14411
A RESOLUTION GRANTING A TEMPORARY EASEMENT TO
THE COLORADO DEPARTMENT OF TRANSPORTATION
(CDOT) AND WAIVING THE RECEIPT OF JUST
COMPENSATION FOR SAID EASEMENT ACQUISITION, FOR
THE PURPOSE OF THE CONSTRUCTION OF AN ADA CURB
RAMP AT THE SOUTHWEST CORNER OF THATCHER AVENUE
(STATE HIGHWAY 96) AND HEWITT STREET
WHEREAS, the Colorado Department of Transportation (CDOT) has a project to improve
Thatcher Avenue (State Highway 96); and
WHEREAS, the project along Thatcher Avenue will require that all curb ramps along said
avenue be updated and reconstructed to meet current ADA guidelines; and
WHEREAS, the project requires that CDOT acquire temporary easements for the
reconstruction of curb ramps; and
WHEREAS, the City of Pueblo has agreed to waive the just compensation of $200.00 for
said easement acquisition in the spirit of cooperation between intergovernmental agencies; NOW
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Colorado Department of Transportation cover letter, Memorandum of Agreement
TE18, Real Property Donation and Plan Sheet TE18, copies of which are attached hereto, having
been approved by the City Attorney, is hereby approved, and accepted.
SECTION 2.
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 agreement to effectuate the transactions
described therein.
SECTION 3.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED May 26, 2020
BY: Ed Brown _____
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
City Clerk's Office Item # M-3
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: May 26, 2020
TO: President Dennis E. Flores and Members of City Council
CC: Nicholas A. Gradisar, Mayor
VIA: Brenda Armijo, City Clerk
FROM: Sam Vigil, P.E., Director of Public Works
SUBJECT: A RESOLUTION GRANTING A TEMPORARY EASEMENT TO THE
COLORADO DEPARTMENT OF TRANSPORTATION (CDOT) AND
WAIVING THE RECEIPT OF JUST COMPENSATION FOR SAID
EASEMENT ACQUISITION FOR THE PURPOSE OF THE
CONSTRUCTION OF AN ADA CURB RAMP AT THE SOUTHWEST
CORNER OF THATCHER AVENUE (STATE HIGHWAY 96) AND
HEWITT STREET
SUMMARY:
This Resolution grants a temporary easement and waives the receipt of just
compensation for said easement acquisition to CDOT for the construction of an ADA curb
ramp at the southwest corner of Thatcher Avenue and Hewitt Street.
PREVIOUS COUNCI L ACTION:
None.
BACKGROUND:
The Colorado Department of Transportation (CDOT) has a project to improve Thatcher
Avenue (State Highway 96). As part of the project, CDOT will be updating the ADA curb
ramps along Thatcher Avenue to bring them in compliance with current federal guidelines.
As a result of the reconstruction of curb ramps along Thatcher Avenue, CDOT is acquiring
temporary easements for their reconstruction. The City of Pueblo will waive the just
compensation of $200.00 for the temporary easement in the spirit of cooperation while
working with intergovernmental agencies.
FINANCIAL I MPLICATIONS:
The City of Pueblo is waiving the receipt of $200.00 to CDOT for the just compensation
for the temporary easement acquisition.
BOARD/COMMI SSION RECOMMENDATI ON:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
No Action
Under this alternative, the ADA compliant curb ramp will not be constructed at the SW
corner of said intersection in conjunction with the CDOT project along Thatcher Avenue
(SH96).
RECOMMENDATION:
Approval of the Resolution.
Attachments: Cover Letter from CDOT
Memorandum of Agreement TE18
Real Property (Easement) Donation
Plan Sheet – TE18
Project Code:23120 Parcel No:TE-18
COLORADO DEPARTMENT OF TRANSPORTATION
MEMORANDUM OF AGREEMENT Project No: STM M086 083
Location: U.S.96/Pueblo ADA's
TEMPORARY EASEMENT(S)
County:Pueblo highway No:96
This agreement made on is between the State of Colorado for the use and benefit of the Colorado Department of
Transportation(GRANTEE)for the purchase of the parcel(s)listed above from the
Owner(s) City of Pueblo (GRANTOR).
All terms in this Agreement are subject to approval by State of Colorado Transportation Commission. In the event the Transportation
Commission does not approve this MOA,neither party shall be bound by this MOA.
Temporary Easements(shown in attached exhibits) 101 Sq.ft®/acres $0
Improvements: $
Total: $
Gross Total $0
Net Total $0
Other conditions:This Temporary Easement will terminate one(I)year from the date construction starts or 30 days after completion of
construction,whichever is earlier.The phrase"date construction starts"means the date the contractor enters the property to begin
construction.No other document is required.
The GRANTOR and GRANTEE agree that:
-just compensation was prepared in accordance with Colorado state laws and regulations.The amount of money and/or compensation listed above is
full consideration for the"Temporary Easement(s),improvements,and damages of any kind.
-with the exception of any Relocation Agreement(CDOT Form#591)there are no promises,terms,conditions,or obligations other than those listed
on this agreement.
-this contract is binding on both the GRANTOR and GRANTEE and their heirs,devisees,executors,administrators,legal representatives,successors,
assigns,and designees,but only after approval by the Transportation Commission.
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.
Order Warrant$0 Payable to:City of Pueblo
Order Warrant$ Payable to.
Real Estate Specialist: TJ Thiebaut Grantor signature Attach form W-9
7e.egfcrad...;
Nicholas A.Gradisar,Mayor
Division approval(Region ROW Ntertmger1Supervisor) GRANTEE signature
DATE
0 .1".
' '— (i
cc: Project Development Branch–ROW Services(original) CDOT Form#784'FE–6/2011
Property Owner
Region Right of Way Manager
Region Program Engineer/Resident Engineer/Project Engineer
Editions prior to 6/2011 are obsolete&may not be used
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STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
829 W. Howard Place.
Denver,CO 80204
AS
REAL PROPERTY DONATION Project Code: 23120
Parcel No: TE-18
Location: U.S. 96/Pueblo ADA's
Property owners whose real property is needed for a transportation improvement project may donate all or any
part of the property to the County of Pueblo, State of Colorado or may donate(waive receipt of) all or any portion
of just compensation due the owner for the property required for the project.
Where the property owner wishes to use the donation for a tax deduction, the owner should seek advice from the
Internal Revenue Service or a tax expert regarding the current rules for valuation. It is the property owner's
responsibility to ascertain the fair market value of the property for tax purposes. Pueblo County will pay the
reasonable cost of an appraisal for tax purposes if the value of the acquisition is estimated by Pueblo County at
$5,000 or more and the appraisal is prepared by an independent appraiser.
If the property is contaminated, the costs to clean up such contamination will not exceed the value of the property.
Donation of the property is made voluntarily and with full knowledge of the right to receive just compensation. See
the attached"Exhibit A"which is incorporated herein.
The undersigned hereby releases Pueblo County and CDOT from obtaining an appraisal of the acquired property,
waives the right to receive an appraisal other than an appraisal for tax purposes as described above, and waives
the right to receive just compensation for the property. The undersigned hereby agrees to execute the necessary
conveyance instruments to transfer said property free and clear of all liens and encumbrances.
„2„taksiereatt04 ,
Signature of Property Owner Date
Signature of Property Owner Date
ACCEPTED FOR STATE OF COLORADO
jib a
Ailb Aft 11 2-02-0
•
Date
Attachment(Exhibit A)
cc: Project Development Branch,ROW Services(original) CDOT Form#1344
Property Owner 12/05
Region ROW
Previous editions are obsolete and may not be used