Loading...
HomeMy WebLinkAbout12638RESOLUTION NO. 12638 A RESOLUTION ACCEPTING EASEMENTS FROM SCANIO FAMILY, LTD., OF TEXAS TO ACCOMMODATE INSTALLATION OF A RAW-WATER PIPELINE AND TWELVE (12) FOOT MAINTENANCE ROAD TO BE LOCATED ON THE EAST SIDE OF THE EXISTING DITCH, ON LANDS LOCATED IN THE WEST ½ OF SECTION 23 AND THE WEST ½ OF SECTION 26, TOWNSHIP 21 SOUTH, RANGE 65 WEST WHEREAS, the owners of real property of West ½ of Section 23 and the West ½ of Section 26, Township 21 South, Range 65 West have granted Easements for installation of a raw-water pipeline and twelve (12) foot maintenance road; and WHEREAS, such easements are necessary to allow for the installation and maintenance of a raw-water line; and WHEREAS, such easements are necessary for the further development of the Lake Minnequa area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements for a raw-water pipeline and maintenance road, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said Easements to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: April 8, 2013 BY: Chris Kaufman Background Paper for Proposed RESOLUTION DATE: APRIL 8, 2013 AGENDA ITEM # M-6 DEPARTMENT: STORMWATER UTILITY DIRECTOR – EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING EASEMENTS FROM SCANIO FAMILY, LTD., OF TEXAS TO ACCOMMODATE INSTALLATION OF A RAW-WATER PIPELINE AND TWELVE (12) FOOT MAINTENANCE ROAD TO BE LOCATED ON THE EAST SIDE OF THE EXISTING DITCH, ON LANDS LOCATED IN THE WEST ½ OF SECTION 23 AND THE WEST ½ OF SECTION 26, TOWNSHIP 21 SOUTH, RANGE 65 WEST ISSUE Should City Council accept easements from Scanio Family, LTD., of Texas to accommodate installation of a raw-water pipeline and twelve (12) foot maintenance road to be located on the east side of the existing ditch, on lands located in the West ½ of Section 23 and the West ½ of Section 26, Township 21 South, Range 65 West? RECOMMENDATION Approval of this Resolution. BACKGROUND Over the last several years, work has been undertaken to restore the Lake Minnequa area. With lower precipitation in the area, water levels in the lake have been receding. In order to transport freshening water to help maintain higher water levels in Lake Minnequa, the Pueblo Board of Water Works, in cooperation with the City, will install a pipeline from the St. Charles Reservoirs to Lake Minnequa. There is currently an existing feeder ditch on this property. The pipeline will be installed along the east side of the top edge of this ditch. A twelve (12) foot maintenance road will also be built. This easement will facilitate the installation of the pipeline as well as the maintenance road. FINANCIAL IMPACT There is no cost associated with the conveyance of the easement. re: Resolution 12638 Reception 1940177 04/17/2013 12:58:25 PM DECLARATION OF EASEMENT& AGREEMENT THIS DECLARATION OF EASEMENT is made and given this 2 day of April, 2013, by Scanio Family, Ltd., whose address is 101 North Shoreline Blvd., Suite 600, Corpus Cristi, TX 78401, ( "Scanio "), to and for the benefit of Pueblo, a Municipal corporation (the "City "), whose address is 1 City Hall Place, Pueblo, CO, 81003. RECITALS A. City is the owner of that certain real property commonly referred to as Lake Minnequa and legally described on Exhibit A attached hereto (collectively, the "City Parcel "). City is also owner of a sixty foot wide easement commonly referred to as the Minnequa Feeder Canal which allows water to flow from reservoirs south of Lake Minnequa into Lake Minnequa. The Minnequa Feeder Canal is part of City's major drainage infrastructure and as such, it will be maintained by the City directly or through its Storm Water Utility entity. B. Scanio is the owner of that certain real property described on Exhibit 13 attached hereto and incorporated herein by this reference (collectively, the "Scanio Parcel "). C. Scanio has an interest in the development of SouthPointe, a real estate development for which there exists a Master Plan and an Annexation Agreement which recognizes the development of SouthPointe and the Scanio Parcel over time in phases, each phase to be governed by a separate future Subdivision Agreement with City. D. City desires Scanio to grant an easement to facilitate the installation by the Pueblo Board of Water Works of a new gravity -fed raw -water pipeline and maintenance road across the Scanio property and Scanio agrees to create and declare, and to impress upon and burden the Scanio Parcel with an easement for the benefit of City as follows: AGREEMENT 1. Easement. In consideration of the premises, the foregoing recitals, and for Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and confessed, Scanio, as owner of the Scanio Parcel, hereby declares that the Scanio Parcel shall be, and is hereby, impressed with and shall hereafter be a perpetual, non - exclusive access easement in, over, under and across the area of the Scanio Parcel as described on Exhibit C attached hereto and incorporated herein by this reference (the "Easement "), for the purpose of installing a water pipeline and maintenance road on the following terms and conditions: A. The Easement shall constitute a covenant running with the land and shall be binding upon the Scanio Parcel, the owner(s) thereof, and any and all persons now holding or hereafter acquiring any ownership or beneficial interest therein, including without limitation any mortgagees thereof, and shall inure to the benefit of the City Parcel, the owner(s) thereof, and any and all persons now holding or hereafter acquiring any ownership or beneficial interest 1 1940177 DEC EASE 04/17/2013 12:58:25 PM • Page: 2 R 41.00 D 0.00 T 41.0 Gilbert O rtiz of 7 Clerk /Recorder, Pueblo County , Co 1111 El ITE14:14 therein, including without limitation any mortgagees thereof, and all of the heirs, legal representatives, successors, and assigns of each of the foregoing. B. The Easement created hereby may be amended, modified, terminated, or extinguished only pursuant to a written instrument duly executed City and by Scanio and placed of record in the Pueblo County, Colorado real estate records. C. City agrees to construct at its sole cost and expense a 12 foot wide maintenance road along the length of the easement. Construction shall be complete within co months from the date hereof. The Easement and maintenance road shall be maintained in good repair and all costs and expenses of maintaining the Easement and maintenance road shall be paid exclusively by the City. The City further agrees either directly or through its Storm Water Utility entity to maintain in good order The Minnequa Feeder Canal as it is part of City's major drainage infrastructure. D. The Easement is created for the sole purpose of providing access, ingress and egress to and from the City Parcel for installation and maintenance of a gravity -fed raw - water pipeline and associated appurtenances and for construction and maintenance of a 12 foot maintenance road. E. With regard to the development of SouthPointe, and future Annexation Agreements or Subdivision Agreements that may be desired by Scanio or required by the City, the City agrees that it shall not require the developer of the SouthPointe Development to construct and /or maintain an additional maintenance road or trail along the Minnequa Feeder Canal now, or at any time in the future. F. Neither the owner of the City Parcel nor the owner of the Scanio Parcel shall do anything to harass the other in the use of the Easement, or to block or obstruct the Easement. The Easement shall not be used to park or store vehicles, equipment, or materials, with the limited exception of during the period of construction of the water pipeline and maintenance road and thereafter for very short term parking for ongoing maintenance activities. G. Scanio warrants that it has the full right and lawful authority to create the Easement herein described. H. City warrants that it has full right and lawful authority to enter into the Easement and agreement herein described. 2. Entire Agreement. The Easement and the other documents and instruments referenced herein constitute the entire Scanio and City agreement regarding the subject matter hereof, and any prior or extrinsic agreements, understandings, statements, or communications, either written or verbal, shall be deemed merged herein and superseded hereby. 3. Attorneys' Fees. In the event any legal proceeding arises out of the subject matter of this Easement and is prosecuted to final judgment, the prevailing party shall be entitled to recover from the other party all costs and expenses, including reasonable attorneys' fees, 2 1940177 DEC_EASE 04/17/2013 12:58:25 PM Page: 3 of 7 R 41.00 D 0.00 T 4 Gilbert Ortiz Clerk /Recorde Pueblo County, Co 1,016411.1tiill 11111 incurred by the prevailing party in connection therewith (and the presiding court will be bound to make this award). 4. Reverter Provision. Should City violate any of the provisions of Paragraph 1 E. hereof, the Easement granted herein shall be rescinded and be null and void and City agrees to remove the water pipeline and the maintenance road to be constructed. S. Governing Law. This Easement shall be governed by and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, Scanio and City have executed this Declaration of Easement & Agreement as of the date and year first above written. SCANIO FAMILY, LTD., a Texas limited partnership, Seller By: The Scanio Family GP, LLC, General Partner By: �,•►, C �to,�rp Alt- 46i/ ar� R Rooke Scanio Manager and • C. Don Reed, Manager x 1 ° p ,, °� R A �� • PUEBLO, a Municipal Corpo . [SE • i a ` /1tj Attest: \ ''4* Q 4 4 s f City Council • Cit Jerk APPROVED AS TO FORM: City Attorney STATE OF TEXAS ) ) ss. COUNTY OF NUECES The foregoing instrument was acknowledged before me this,'day of April, 2013 by Marion Rooke Scanio and C. Don Reed as Managers of the Scanio Family GP LLC, General Partner of Scanio Family, Ltd., a Texas limited partnership. 3 1940177 DEC EASE 04/17/2013 12:58:25 PM • P age : 4 of 7 R 4 D 0.00 T 41.00 G O rtiz Cl erk /Recorder, Pueblo County Co III !PAT e l ' P11 11 1 6 1 1 Ming Old 1111 Witness my hand and official seal. , - ! //1�.�.rr «_ rs /. / a . 'Yew. LAVONNE K. SCHLABACH ' otary Public Notary Public � � i " STATE OF TEXAS My commission expires. Oa - Oa? - a 0/54 '•� My Comm. Exp. 02-024014 , STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The fore_oing instrument was acknowledged before me this $ . day of "r it , 2013, by .0; 6. /U4wrack / as President of City Council and Gin Ltd - Qom' as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: Mold, a ?, Q0/ 7 / [SEAL] A Y/ ary Public , JEANETTE R. GONZALES NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 MY COMMISSION EXPIRES MARCH 29, 2017 4 1940177 DEC_EASE 04/17/2013 12:58:25 PM Page: 5 of 7 R 41.00 D 0.00 T 41.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co iii ra�lit UNIIVAVI WW1 lid h NI II EXHIBIT A City Parcel Legal Description 11,12,13,14 -21 -65 CONTG 244.02A LAKE MINNEQUA + TRACTS A,B,C,D + E IN LAKE MINNEQUA RESERVATION, SECOND FILING, EXCEPTING THE FOLLOWING TRACTS: (1) 5.34A CONVEYED TO MINNEQUA UNIVERSITY CLUB 10- 31 -27. (2) 2.67A IN LAKEVIEW AVE. (3) 0.65A IN LAKE AVE DEEDED TO PUEBLO COUNTY 8- 13 -57, BK 1340 PG 425. (4) 0.459A IN TRACT A DEEDED TO CONTINENTAL OIL CO 12- 31 -51. (5) 13.473A DEEDED TO GODWIN- BEVERS 3 -22 -72 (6) 10A DEEDED TO SCHOOL DIST NO 60 2-12-52 (7) PORTIONS OF BEULAH AVE, FISHER AVE, + GARDEN AVE ADJ TO ABOVE TRACTS, VAC 1 1940177 DEC EASE 04/17/2013 12:58:25 PM • Page: 6 of 7 R 41.00 D 0.00 T 41.0 ty, Co Gilbert Ortiz Clerk /Recorder, Pueblo Coun • F A kg' i n l in 14 Uhl 11 IIEV A MI 111 Exhibit "B" Scanio Parcel All of the following described parcels of land located in Township 21 South, Range 65 West of the 6 P.M., being in the County of Pueblo, State of Colorado and being more particularly described as follows: Section 22 All, except the following recorded plats filed for record in said County: Vinewood Subdivision, Filing No. 1, A Special Area Plan Heritage Village, Filing No. 2, A Special Area Plan Heritage Village, Filing No. 3, A Special Area Plan Heritage Village, Filing No. 4 Settlers Village, Filing No. 1 Settlers Village, Filing No. 2 Settlers Village, Filing No. 3 Settlers Village, Filing No. 4 Settlers Village, Filing No. 5 Settlers Village, Filing No. 6 SouthPointe Business Campus, Filing No. 1 And also except that parcel deeded to the Pueblo Board of Water Works and recorded on June 9, 1998 in Reception No. 1222924 in said County records. Section 23 W1/2, E1 /2 lying west of I -25 ROW, except: (1) 10.00 acres to Pueblo Kennel Association By Warranty Deed dated March 26, 1973, and recorded March 30, 1973, in Book 1744, Page 827, Reception No. 445831. (2) SouthPointe Business Campus, Filing No. 1 and SouthPointe Trade Center, Filing No. 1, both recorded Plats filed in said County records, and (3) that parcel deeded to Horizon Communities, Inc. and recorded in said County records on May 12, 2004 in Reception No. 1569862. Section 26 N1/2 lying west of I -25 ROW, NW1 /4 SW1 /4, North 568 feet of NE1 /4 SW1 /4, North 568 feet of NW1 /4 SE1 /4 lying west of 1 -25 ROW. Section 27 N1 /2, N1 /2 S1 /2 1940177 DEC EASE 0 4/17/2013 12:58:25 PM M 7 of 7 - R 41.00 D 0.00 T 41.00 • Gilbe Ortiz Clerk /Recorder, Pueblo County, Co III P�1���9',' ,OM 11111 EXHIBIT C Easement Legal Description An easement containing approximately 4.26 Acres located in the West V2, of Section 23 and the West '/2, of Section 26, Township 21 South, Range 65 West in the County of Pueblo, Colorado more particularly described as follows: Beginning at a point whence the NW % of said Section 23, bears S88° 55' 38 "W, a distance of 1,704.60 feet along the north line of said Section 23, thence S00° 18' 08 "E a distance of 8,473.67 feet along the easterly line of an existing 60 foot easement for the channel of the Minnequa Lake Intake Ditch, thence continuing along said easterly line of said existing easement S12° 42' 37 "W a distance of 269.27 feet to a point on the southerly line of Pueblo County parcel number 1526000005 being along the south line of the north 568.00 feet of the NW Y4 of the SW % of said Section 26, thence N16° 46' 53 "E a distance of 274.47 feet, thence N00° 18' 07 "W a distance of 630.20 feet, thence N00° 26' 05 "W a distance of 499.58 feet, thence N00° 24' 10 "E a distance of 500.01 feet, thence N00° 18' 08 "E a distance of 4,000.00 feet, thence N00° 36'16 "W a distance of 2,844.90 feet to a point along the north line of said Section 23, thence 588° 55' 38 "W a distance of 10.00 feet along said north line of said Section 23 to the point of beginning, 1