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Home My WebLink About8461111111111111111111111111111111111111111111111111111111111 IN 1231219 07/29/1998 08:51A RES Chris C. Munoz 1 of 1 R 6.00 D 0.00 Pueblo C!y Clk 8 Rae. RESOLUTION NO. 8461 A RESOLUTION GRANTING AN EASEMENT TO DILLON DRIVE ASSOCIATES, L.L.C. A TEXAS LIMITED LIABILITY COMPANY WHEREAS, Dillon Drive Associates, L.L.C. has requested that an easement be granted by the City of Pueblo through city owned land adjacent to the Fountain Creek; and WHEREAS, such easement is necessary to allow drainage runoff to pass through city owned property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The easement, dated July 13, 1998, a copy of which is attached hereto, after having been approved as to form by the City Attorney, is hereby approved and accepted. Section 2 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED July 13 ,1998 ;icacc. By John Verna o� �o Councilperson APPROVED POden the Council tio 0 City Cler\ 0 Council Agenda TITLE: A RESOLUTION GRANTING AN EASEMENT AGENDA ITEM # TO DILLON DRIVE ASSOCIATES, L.L.C, A TEXAS LIMITED LIABILITY COMPANY DEPARTMENT: Public Works DATE : July 13, 1998 ISSUE Should the City Council grant an Easement to Dillon Drive Associates, L.L.C. for the purpose of drainage runoff through city owned property. RECOMMENDATION Approval of this Resolution BACKGROUND Dillon Drive Associates, L.L.C. has requested the easement in order to provide for the release of water ponded in the excavated area west of the existing river embankment along Fountain River. Soils were taken from this area to create a building pad for the new Walmart store on Dillon Drive. A pipe would be constructed across City property to discharge water to the Fountain River. The pipe would be gated at the inlet and used to release water only if the excavation is flooded during extreme flood events. FINANCIAL IMPACT There is no financial impact upon the City due to this action, 0 H W I 0WILMININ 91 EMP 1111111111111111111111111111111111111111111111111111111 s 1231220 07/29/1998 08:51A EASE Chris C. Munoz 1 of 5 R 26.00 D 0.00 Pueblo C!y Clk 8 Roe. EASEMENT THIS EASEMENT granted this 13th day of July , 1998, by Pueblo, a Municipal Corporation, hereinafter referred to as Grantor, to Dillon Drive Associates. L.L.C., a Texas limited liability company, hereinafter referred to as Grantee: WITNESSETH: 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, subject to the covenants and conditions set forth herein, a drainage easement for the installation, maintenance and use of drainage facilities upon and across the property which the Grantor owns or in which the Grantor has any interest situated in Pueblo County, Colorado, and described in and shown upon the attached Exhibit "A" (the "Property "), TOGETHER WITH the right to enter the Property for the purpose of exercising its rights herein granted. Grantee will restore the Property and any other property owned by Grantor which may be damaged during Grantee's construction and maintenance operations to as near original condition as reasonably possible. The Grantor reserves the right to use and occupy the Property for any purpose which does not unreasonably interfere with the rights herein granted. TO HAVE AND TO HOLD said easement unto Grantee, its successors and assigns until such drainage facilities be constructed, and so long thereafter as same are maintained thereon; subject and subordinate to: all easements, restrictions and reservations of record affecting the Property, to Grantor's reserved right to use and occupancy of the Property, to Grantor's reserved right to require relocation of such drainage facilities at Grantee's expense in connection with any public project, and to the covenants and conditions set forth in this instrument. PROVIDED, HOWEVER, that the use and enjoyment of said easement by Grantee is expressly made subject to and conditioned upon the following covenants and conditions being observed by Grantee: (a) Grantee covenants and agrees that in no event shall Grantee locate, erect or cause to be located or erected any building or other structure, or any fixtures or facility other than drainage facilities, upon the Property. (b) Prior to construction or reconstruction of the drainage facilities upon the Property, Grantee shall submit the plans therefor to Grantor's Director of Public Works for approval; and Grantee shall not initiate construction until and unless such approval is obtained. (c) Grantee agrees to indemnify and hold harmless Grantor from all claims for damage to property, injury or death which arise from the construction, use or maintenance of the easement by Grantee, including reasonable attorney fees. 1 11111111111 111 111111111111111111111111111111 1111 1111 231220 07/29/1998 08:91A EASE Chris C. Munoz 2 of S R 26.00 D 0.00 Pueblo Ct.y Clk 8 Rec. (d) In the event Grantor, in its sole discretion, determines that it is necessary or desirable that Grantee's facilities located within the easement granted by this instrument be removed or relocated in connection with the realignment or grade change of any street, road or other public way, or in connection with any flood control or other public project undertaken by Grantor, Grantee shall so remove or relocate its facilities from the easement with the cost of such removal or relocation to be borne as follows: Removal or relocation shall be at Grantee's sole expense, except that if Grantor directs such removal or relocation within sixty (60) months of the date of this instrument, Grantor shall reimburse Grantee for that fraction of the actual and reasonable relocation costs incurred which has as its numerator the number 60 less the number of months between the date of this instrument and the date when such removal or relocation has been completed and which has as its denominator the number 60. (e) Grantee shall at all times maintain the drainage facilities free and clear of all rubbish, trash, debris, weeds and any plant growth which would impair proper drainage through the Property or cause any flooding upon adjacent property. (f) This easement and the covenants, terms and conditions and provisions hereof shall be binding upon and inure to the benefit of the successors and assigns of the Grantor and Grantee; provided however, that Grantee's obligations under paragraph (d) above shall terminate, and Grantee shall be forever released therefrom, upon and after the sale or transfer of the parcel of property upon which the easement herein granted is located by Grantor to any transferee which is not a governmental entity. 0 4 xe to Ulay of Vi , . 1998. PUEBLO, a Municipal Corporation, _ NIL\- By President of th ity ouncil ►R �O COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 23�j day of , 1998 by Cathy Garcia as President of the City Council and by Gina Dutcher as City C lerk 6f Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: ', -2 -2- � r •t - _ --*— . ACCEPTANCE Pug�,� F C r Notary Public The foregoing Easement is accepted by Grantee in accordance with its terms. GRANTEE: DILLON DRIVE ASSOCIATES, L.L.C. a Texas limited liability company By I S . Ck._J Name: Ronald S. Childress Title: Authorized Member COUNTY OF PUEBLO STATE OF COLORADO ss. The foregoing Acceptance was acknowledged before me this day of trt,1 1998 by r.g SS as p1,41,0 y _ s V J Ilk, of Gr o Development Co., a Texas limited liability company. ?yDf mission expires: p ary Public \U O IIIIIIIIIII IIIIIIIIIII V IN 1231220 07/29/1998 08:51A EASE Chris C. Munoz 3 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rae. F \FILES\CIMPUBLIC W \UTILITIE \GRAC0\easemnt2.wpd —� CLC — Associates Inc. Planning /Engineering /Land Surveying Landscape Architecture /Architecture EXHIBIT A DRAINAGE EASEMENT SHEET 1 OF 2 LEGAL DESCRIPTION 8480 E. Orchard Road Suite 2000 Englewood, Colorado 80111 (303) 770 -5600 FAX (303) 770 -2349 A PART OF THE NORTHWEST ONE— QUARTER OF SECTION 18 TOWNSHIP 20 SOUTH, RANGE 65 WEST, OF THE SIXTH P.M. BEING A PORTION OF THOSE TRACTS OF LAND DESCRIBED AT BOOK 62 PAGE 588 AND BOOK 1717 PAGE 772 COUNTY OF PUEBLO, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST ONE— QUARTER (THE NORTH LINE OF SAID NORTHWEST ONE— QUARTER IS ASSUMED TO BEAR SOUTH 89 DEGREES 22 MINUTES 08 SECONDS EAST AND ALL BEARINGS HEREIN ARE RELATIVE THERETO) THENCE SOUTH 22 DEGREES 26 MINUTES 50 SECONDS EAST, A DISTANCE OF 2666.16 FEET TO THE POINT OF BEGINNING; THENCE NORTH 82 DEGREES 48 MINUTES 40 SECONDS EAST, A DISTANCE OF 415.75 FEET; THENCE SOUTH 07 DEGREES 11 MINUTES 20 SECONDS EAST, A DISTANCE OF 20.00 FEET; THENCE SOUTH 82 DEGREES 48 MINUTES 40 SECONDS WEST, A DISTANCE OF 417.75 FEET; THENCE NORTH 01 DEGREES 28 MINUTES 45 SECONDS WEST, A DISTANCE OF 20.10 FEET TO THE POINT OF BEGINNING, CONTAINING 8335 SQUARE FEET OR 0.191 ACRES, MORE OR LESS. LEGAL DESCRIPTION d WARREN L. RUBY � RVISTERE17YVND SURVEYOR COLORADO REGIS j ; � NUMBER JP66 FOR AND ON BEH 416-C A,,' 'IAJES, INC.. ITd 'Aj VIII III VIII IIII IN 1111111111111111111111 I 08. EASE Chr C. Munoz 1231220 07/29/19 Clk 8 Ree. 4 of '5 R 26.00 D 0.00 Pueblo Cty s CLC ' Associates Inc. Planning /Engineering /Land Surveying Landscape Architecture /Architecture NW COR. OF NW 1/4 SEC. 18, T20S, R64W OF THE 6TH PM 12 7 �R R U W V) W O 3 Z w f-- LL 0 w zZ J F- Ln W N N N om, s N89'22'08 "W 8480 E. Orchard Road Suite 2000 Englewood, Colorado 80111 (303) 770 -5600 FAX (303) 770 -2349 NE COR. OF NW 1/4 SEC. 18, T20S, R64W OF THE 6TH PM 7 2627.52' 1" = 100' C9� O d d -8 1111 �B IFS [BOOK 1797 PAGE 772 EXHIBIT A DRAINAGE EASEMENT SHEET 2 OF 2 1 1231220 07/29/1998 08:51A EASE Chris C. Munoz 5 of 5 R 26.00 0 0.00 Pueblo Cty Clk 8 Rec. N —LINE OF NW 1/4 OF SEC. 18 POINT OF BEGINNING N 01'28'45" 20.10' S 07'11'20" E 20.00' 40 „ E 415 75 _ J N 82 -� ,r ---'`. � 417.7 S 8 48 40 W S —LINE OF THE NW 1/4 OF SEC. 18