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Home My WebLink About07324ORDINANCE NO. 7324 AN ORDINANCE ACCEPTING A DEED FOR A PORTION OF THE ARKANSAS VALLEY CONDUIT (AVC) FROM ED ROBINSON & ASSOCIATES, LLC, AND APPROPRIATING AN ADDITIONAL $60,000 TO THE FY 2005 STORMWATER UTILITY BUDGET FOR THE MAINTENANCE THEREOF WHEREAS, Ed Robinson & Associates, LLC, is deeding to the City a portion of the Arkansas Valley Conduit, as further described in the attached Exhibit "A "; WHEREAS, Ed Robinson & Associates, LLC, will pay to the City a one -time fee of $60,000 for the maintenance of said conduit; WHEREAS, the City will assume perpetual maintenance responsibilities for said conduit; BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. A deed from Ed Robinson & Associates, LLC, for a portion of the Arkansas Valley Conduit, as described in the attached Exhibit "A ", is hereby accepted by the City of Pueblo. SECTION 2. A one -time maintenance fee in the amount of $60,000 shall be accepted from Ed Robinson & Associates, LLC, and hereby budgeted and appropriated for expenditure from the FY 2005 Stormwater Utility budget. INTRODUCED June 13, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY CPWCIL ATTESTED BY: CITY CLERK PASSED AND APPROVED June 27, 2005 mod. �`2a2 V DATE: June 13, 2005 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE AN ORDINANCE ACCEPTING A DEED FOR A PORTION OF THE ARKANSAS VALLEY CONDUIT (AVC) FROM ED ROBINSON & ASSOCIATES, LLC, AND APPROPRIATING AN ADDITIONAL $60,000 TO THE FY 2005 STORMWATER UTILITY BUDGET FOR MAINTENANCE THEREOF MR11) N Should the City Council accept a deed for the Arkansas Valley Conduit from Ed Robinson & Associates, LLC, and appropriate an additional $60,000 to the FY 2005 Stormwater Utility budget. RECOMMENDATION Approval of this Ordinance. BACKGROUND The Arkansas Valley Conduit was constructed and owned by CF & I for the purpose of conveying water from the Arkansas River to their steel manufacturing facility. Other water conveyance systems were constructed and this channel was no longer needed to convey process water. The portion being considered for transfer to the City extends from Colorado State Highway 78 to the intersection with Burnt Mill Road. This section was transferred to private ownership in 1987 to be used for stormwater detention for the surrounding residential development. Ultimately, Ed Robinson and Associates, LLC took possession of the section of the AVC in 1993, and has been responsible for maintenance since that date. To offset the future maintenance costs, the City is requiring Ed Robinson & Associates to pay a one -time maintenance fee of $60,000 that will be deposited into Stormwater Utility FY 2005 budget. Approximately $42,000 of this fee will be used to purchase a special tractor for the Streets Department for mowing and clearing. The remaining $18,000 will be used to install "water quality" improvements to several storm sewer outfalls that discharge into the conduit. FINANCIAL IMPACT In addition to the funded items listed above, upon passage of this ordinance, the City will assume perpetual maintenance responsibilities that may include but not necessarily be limited to: mowing, tree and brush removal, removal of litter and debris, grading, erosion control, seeding, and mosquito control. The added future maintenance cost to the City is unknown. Reception 1630465 07/22/2005 WARRANTY DEED THIS DEED, made this 2 day of JUNE , 2005, Between ED ROBINSON & ASSOCIATES, INC., A COLORADO CORPORATION Of the County of Pueblo and State of COLORADO, grantor(s) and THE CITY OF PUEBLO, A MUNICIPAL CORPORATION whose legal address is Ci Hall #1 Ci Hall Place, Pueblo, CO 810 of the County of PUEBLO and State of COLORADO, grantees: WITNESS, that the grantor(s), for and in consideration of the sum of ( $1.00 ) * * ** ONE AND 00 /100 * * *_- -- --------- --- --- __----- __-- __— ___- -- DOLLARS, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell convey and confirm, unto the grantees, their heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of PUEBLO, State of COLORADO, described as follows: SEE ATTACHED EXHIBIT 'Am :0 i ALSO KNOWN BY STREET AND NUMBER AS: VACANT GROUND TOGETHER with all and said singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, tide, interest, claim and demand whatsoever of the grantor(s), either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the grantee(s), their heirs and assigns forever. And the grantor(s), for themselves heirs and personal representatives, do convenant, grant, bargain, and agree to and with the grantee(s), their heirs and assigns, that at the time of the ensealing and delivery of these presents, are well seized of the premise above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, EXCEPT: And the above bargained premises in the quiet and peaceable possession of the grantee(s) their heirs and assigns against all and every person or persons lawfully claiming of to daim the whole or any part thereof, grantor(s) shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the grantor(s) have executed this deed on the date set forth above. rn ut ED ROBINSON & ASSOCIATES, INC., A IYA4plyff 12-lip This foregoing instrument was acknowledged before me, this 2 " day of JUNE, 2005 By EDWARD L ROBINSON AS PRESIDENT OF ED ROBINSON & ASSOCIATES, INC., A COLORADO CORPORATION �ARADO ) SS UEBLO ) Witness my hand and offi 'al My comryssion expires: -,c PT£ OF P.O.B. 0110 EXN§B§T R GRAPHIC SCALE 0 300 1000 2000 ( IN FEET ) 1 inch = 1000 ft B Y NORTwrAR ENGIIVPouKG AND SURVEYING, INC. THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY. AND WAS ONLY PREPARED TO DEPICT' THE ATTACHED LEGAL DESCRIPTION. P w m 1. LA VISTA HILLS SUBDIVISION ® Lo m RECEPTION NO. 36700 4 ® ° m Ln m 2. LA VISTA HILLS SUBDIVISION SECOND FILING as Is RECEPTION NO. 67967 to N o 3. LA VISTA HILLS STABLES SUBDIVISION d N L o RECEPTION NO. 93639 a m 4. RECEPTION NO. 936590 ® m 5. RECEPTION NO. 1563782 6. RECEPTION NO. 1563781 7. RECEPTION NO. 1354792 8. RECEPTION NO. 267091 -- 9. RECEPTION NO. 1001072 10. RECEPTION NO. 698885 3 11. RECEPTION NO. 1605350 __ m 12. EL CAMINO SUBDIVISION 6TH FILING RECEPTION NO. 1167694 .� 13. EL CAMINO SUBDIVISION 7TH FILING RECEPTION N0. 867488 mmm� o 14. EL CAMINO SUBDIVISION FIFTH FILING m RECEPTION NO. 628027 15. EL CAMINO SUBDIVISION 8TH FILING N RECEPTION NO. 936772 16. EL CAMINO SUBDIVISION 10TH FILING RECEPTION NO. 970463 ® �� P 17. EL CAMINO SUBDIVISION 11TH FILING R RECEPTION NO. 1049014 " 18. E EL CAMINO ESTATES RECEPTION NO. 1049019 P 19. EL CAMINO ESTATES FILING NO. 2 A 20. RECEPTION NO. 1121785 EL CAMINO SUBDIVISION FOURTH FILING R RECEPTION NO. 548787 E 21. EL CAMINO SUBDIVISION SECOND FILING RECEPTION NO. 461429 22. EL CAMINO SUBDIVISION FIRST FILING RECEPTION NO. 449668 NOTE: B Y NORTwrAR ENGIIVPouKG AND SURVEYING, INC. THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY. AND WAS ONLY PREPARED TO DEPICT' THE ATTACHED LEGAL DESCRIPTION.