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Home My WebLink About12647RESOLUTION NO. 12647 A RESOLUTION GRANTING AN EASEMENT FROM THE CITY OF PUEBLO TO THE OWNER OF REAL PROPERTY, LOT 1, BLOCK 3, OUTLOOK SUBDIVISION, FILING NO. 1 BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The easement dated April 9, 2013, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: April 22, 2013 BY: Sandy Daff Background Paper for Proposed RESOLUTION DATE: April 22, 2013 AGENDA ITEM # M-4 DEPARTMENT: PUBLIC WORKS EARL WILKINSON, P.E. – DIRECTOR TITLE A RESOLUTION GRANTING AN EASEMENT FROM THE CITY OF PUEBLO TO THE OWNER OF REAL PROPERTY, LOT 1, BLOCK 3, OUTLOOK SUBDIVISION, FILING NO. 1 ISSUE Should the City grant an easement to the property owner of Lot 1, Block 3, Outlook Subdivision, Filing No. 1 for the purpose of providing driveway access, parking and landscaping? RECOMMENDATION Approval of Resolution. BACKGROUND The property owner of Lot 1, Block 3, Outlooks Subdivision, Filing No. 1 approached the City requesting an access and parking easement on Parcel B of Outlook Subdivision Filing No. 1. Parcel B is a regional drainage facility south of and parallel to Eagleridge Blvd. The parcel prohibits the owner of Lot 1 from accessing Pioneer Road. In addition to the access easement across Parcel B to Pioneer Road, the owner requested use of the parcel to add parking for his proposed development – Avila Chiropractic. In exchange for the easement the applicant will landscape Parcel B adjacent to Lot 1 along Pioneer Road and will armor the drainage channel to the south of Lot 1. The applicant will maintain, in perpetuity, the improvements at no cost to the City. FINANCIAL IMPACT There is no financial impact to the City. Reception 1944590 05/31/2013 01:28:21 PM re: Resolution 12647 REVOCABLE EASEMENT (Improvements To Be Installed And Maintained By Grantee) THIS REVOCABLE EASEMENT is granted this 9 day of 4, L 2013, by the City of Pueblo, a Municipal Corporation, Grantor, to Avila Enterprises, LLC, Grantee: WITNESSETH: THAT 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, a non - exclusive, revocable easement for the purpose of driveway access, parking and landscaping, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A" (the "Property "). Grantee shall, at its sole cost and expense: 1. Install and maintain the improvements associated with installation of driveway access, sidewalks and parking, including landscaping, irrigation and snow removal from the Property. 2. Re -grade the existing drainage channel and armor the channel bank in accordance with the requirements of the Grantor. 3. Maintain the improvements made on the Property in good working order and condition and make repairs and replacements to the improvements, including but not limited to, the driveway, sidewalks, parking spaces and channel bank as directed by the Grantor. Grantor reserves the right to occupy and use the Easement Area for all purposes not inconsistent with the rights herein granted. Grantee shall indemnify, defend and hold harmless the Grantor and its officers and employees from and against any and all claims, expenses (including reasonable attorney fees), liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the Easement Area and the easement hereby granted. If Grantee shall default in the performance of any of Grantee's covenants hereunder and such default shall remain uncorrected for sixty (60) days after written notice specifying the default is given to the Grantee by the Grantor, Grantor may terminate this Easement. Upon such termination of this Easement, all rights, privileges and interests hereby granted to Grantee shall cancel and terminate. Termination of this Easement shall not release or discharge Grantee from its indemnification obligations hereunder. Grantor shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replace the improvements listed above and recover all costs and expenses thereof plus an administrative charge of 15% from the Grantee. For such purposes, Grantor is 1944590 EASE 05/31/2013 01:28:21 PM Page: 20 4 R 2 6. D 0.00 T1 6.00 Gilbert rtiz of C lerk /Record er, Pueblo 2 County, Co III EIPM11, X11 ' 1+4W4aiP® ilTi ill.1 1III granted the right to enter upon the Property and adjoining property of Grantee. Failure of Grantor to inspect, control, maintain, repair or replace the improvements shall not subject the Grantor to any liability for such failure. This Easement shall in no event give Grantee the right to locate or erect or cause to be located or erected on the Property any building or any other structure or improvement except those expressly permitted herein. The rights, conditions and provisions of this Easement shall run with the land and shall inure to the benefit of and be binding upon Grantor and Grantee and their respective successors and assigns. / ,4Y 1 lM� §, 22nd day of Apr i 1 , 2013. C) � � , \ 1 , ,\ \ GRANTOR: 7 4f ‘ % ''� '? . a CITY OF PUEB • 0 cs V We A MUN CORP* ' • TI • ; 1 1 4,/ "`" o uncil President ATTESTED : • , _. _ CIT ` , LERK GRANTEE: AVILA ENTE ►.' . By: �� • anager COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) M T foregoing instrument w acknowledge . - fore m- is day of .ri( , 2013 y _ , i , M anager of Avila Ente r es, LLC. Witness my hand and official seal. My Commission Expires: D 3 , s 20" (SEAL) T , 0 �� , . _ , , e Notary ' u lc ‘ ,‘oTARy: - . . +'e- 1944590 EASE 05/31/2013 01:28:21 PM Galbert k Pueblo Co 111 KI M � � I111 11111 Exhibit A Two parcels of land being a portion of Parcel B, Outlook Subdivision Filing No. 7, City of Pueblo, County of Pueblo, State of Colorado being more particularly described as follows: EASEMENT A A parcel of land for ingress /egress and parking purposes for Lot 1, Block 3, Outlook Subdivision Filing No. 7, City of Pueblo, County of Pueblo, State of Colorado being more particularly described as follows: BEGINNING at the SE corner of Lot 1, Block 3, Outlook Subdivision Filing No. 7, from which the SW corner of said Lot 1 bears N 89 °47'17" W (bearings based on the NE corner Lot 1 (chisled X on sidewalk) and Aluminum Cap in Monument Box on the centerline of Parkline and the East line of Outlook Subdivision Filing No. 7 to bear 5 00 °56'16" E (plat bearing)) a distance of 131.77 feet; thence S 00 °47'17" W a distance of 27.50 feet; thence 5 89 °47'17" E a distance of 131.77 feet; thence N 00 °47'17" E a distance of 27.50 feet to the POINT OF BEGINNING. Said parcel contains 0.08 acres more or Tess. EASEMENT B A parcel of land for ingress /egress and parking purposes for Lot 1, Block 3, Outlook Subdivision Filing No. 7, City of Pueblo, County of Pueblo, State of Colorado being more particularly described as follows: BEGINNING at the SW corner of Lot 1, Block 3, Outlook Subdivision Filing No. 7, from which the SE corner of said Lot 1 bears S 89 °47'17" E a distance of 131.77 feet; thence N 15 °17'40" E a distance of 173.93'; thence N 74 °42'20" W a distance of 20.00'; thence S 15 °17'40" W a distance of 57.05'; thence N 74 °42'20" W a distance of 20.00' to a point on the easterly right -of -way line of Pioneer Road; thence S 15 °17'40" W a distance of 41.50' along the easterly right -of -way line of Pioneer Road; thence S 74 °42'20" E a distance of 20.00'; thence S 15 °17'40" W a distance of 75.37'; thence S 74 °42'20" E a distance of 27.50' to the SW corner of said Lot 1 and the POINT OF BEGINNING. Said parcel contains 0.10 acres more or Tess. EXHIBIT B • EASEMENT EXHIBIT A PORTION OF PARCEL B, BLOCK 3, OUTLOOK SUBDIVISION F9/n8 Na 7 CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO '"iLY ra �B r Q at ....to •"ie EAGLERIDGE BLVD. i - — ' ...,._ ___ _ o. U 1 / / u / c' o .•m 0 1I III NNE Sair N / 111 qAl lift .. m a ::: �� +� .» �9 m . L 7 EASEMENT B Ili NC O 1 ava I•. o• N1tO �— S ANY , L OT 1 � lai �� L na.v.! W U EASEMENT B Q f`� � , J a � Qa h 9 N L o � vu i m — v m ot° �O < � � 1111 I I _ EASEMENT A .••o.c� / �/ (.1Q ' !ASEM5NT 5 ��r�r rr��rr�� __ EASEMENT •ii `l `. "� -- �R9n17/- "r1144-- r06 l 1 1f A A 9 �H A m \ •/ .• a E GEBD ur el MIAOW NMI • • •VI[ •I e9X1 OM IN 4•91•90110 leaenfle • W t la ••• e aS s u O « Pa[ I mml row W 0( ammo ow • am= mlm • amnn ow • ne affi_ . Me g r • .,a ur WA elm N MAW •'®m 5 a MI.. 09 MISI v manor Co Roam R smut n9r RI RN dm. mg. e BOUNDARIES UNLIMITED 029 SURVEYING KAATV74 RRQU PUMA mavAN, an M w 1310Ms..d•9 IRMA. WM ert•d Moe south