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Home My WebLink About13310 RESOLUTION NO. 13310 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY NLD PUEBLO LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF A DETENTION POND WHEREAS, the owner of Lot 1, Piedmont Park Subdivision has granted an easement and right of way for a detention pond to the City of Pueblo; and WHEREAS, such easement is necessary to preserve the area for the sole purpose and perpetual use of the detention of stormwater, which will prevent flooding; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easement and Right of Way granted, a copy of which is attached hereto, having been approved by the City Attorney, is hereby approved and accepted. SECTION 2. The City reserves the right to use and occupy the Easement and Right of Way for any purpose not inconsistent with Easement and Right of Way accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Easement and Right of Way accepted herein. SECTION 4. The City Clerk is directed to cause said Easement and Right of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Easement and Right of Way are to be paid for by the grantor. SECTION 5. 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 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: October 13, 2015 BY: Ed Brown City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 13, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk From: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY NLD PUEBLO LLC, A DELAWARE LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF A DETENTION POND SUMMARY: Attached is a Resolution establishing a detention easement on a portion of Lot 1, Piedmont Park. Also attached are the following: -“Easement and Right of Way” agreement, - Exhibits A and B, which define the boundaries of the easement. PREVIOUS COUNCIL ACTION : None. BACKGROUND : New developments within the City of Pueblo are required to adhere to the Pueblo Municipal Code (PMC), as approved by the City Council, and providing detention facilities are a part. Detention ponds provide for reduction of developed drainage flows to historic amounts to help prevent flood damage to downstream properties. Detention ponds can also provide water quality which is required by our ‘Municipal Separate Storm Sewer System’ (MS4) permit. Development at Lot 1, Piedmont Park, which is located at 3200 N. Elizabeth Street, will have a detention pond on-site. This attached easement is necessary to assure the detention pond will remain and not be encroached upon with any structures or other uses that may reduce the required pond volume. The easement is being granted to the City, which can only be released with City Council approval, thus providing assurances the drainage facilities will remain. Maintenance of the detention facilities are the responsibility of the property owner. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the easement. The owner of the property will finance the construction and maintenance of the detention pond. The City will only maintain the pond if the owner fails to do so and maintenance is necessary, but will make efforts to recover the costs to do so. BOARD/COMMISSION RECOMMENDATION : Not applicable. STAKEHOLDER PROCESS : None. ALTERNATIVES : Alternative No. 1 – No Action Under this alternative, the detention facility will not be in an easement controlled by the City, and could allow for structures or other uses that may reduce the required pond capacity in the future. Reduction or even elimination of the facility would be in conflict with the Pueblo Municipal Code and the City’s MS4 permit and has the potential to flood downstream properties. RECOMMENDATION : Approval of the Resolution. Attachments : - “Easement and Right of Way” agreement, - Exhibit A, legal description of the easement - Exhibit B, drawing of the easement Reception 2019343 10/21/2015 02:46:27 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this £( day of August , 2015 , by NLD Pueblo LLC , a Delaware Limited Liability Company, Grantor, to Pueblo, a Municipal Corporation, 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, an easement and right of way for the purpose of Detention Pond , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit"A" (the Property). & Exhibit "B". Grantor shall install Detention Pond in the Property in accordance with plans and specifications therefore approved by, and on file with Grantee, and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair and replace the Facilities. Grantee shall have the right at its option (but not the obligation)to inspect, control, maintain, repair and replace the Facilities and recover all costs and expenses thereof plus an administrative charge of 15%from the Grantor. For such purposes, Grantee is granted the right to enter upon the Property and adjoining property of Grantor. Failure of Grantee to inspect, control, maintain, repair or replace the Facilities shall not subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy the Property for any purpose not inconsistent with the privilege above granted and which will not interfere with or endanger any equipment or facilities therein or use thereof. Such reservation by the Grantor shall in no event include the right to locate or erect or cause to be located or erected on the Property any building or any other structure or manufactured or mobile home or trailer unit. Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to the Property and full power to grant this easement and right-of-way, and (b) will defend Grantee's quiet and peaceful possession of the Property and easement and right-of-way against all persons who may lawfully claim title to the Property. DPW 110 12/03/98 2019343 EASE 10/21/2015 02:46:27 PM Page: 2 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co III R1111381ER w fliditT"I h��Wel a:U/1E1l rh NM "Grantee" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall inure to the benefit of the heirs,personal representatives, successors and assigns of theGrantorand Grantee. SrSIGNED this ti ay of it( (tcf- , Z'4/ S 1 / t GRANTOR: A 1-6 171(e 1f d L By: , illm(kRIterk taaKar,c_ COUNTY OF Illttit0 ) ) ss. STATE OF 660 MOM,S c`. s� The foregoing instrument was acknowledgedbefore me this Z7 day of /rdl to Sr , OJ S� by acknowledged G& �. k[rAJ • fitness my hand and official seal. My Commission Expires: J843( , 1 cb (SEAL) 7 1I 4eilmr\., � .. — -- — -- — — otary Public u' MICHELLE R.BERLIN ` NOTARY PUBLIC �` � c lMINNESOTA I �� Oily. MV Ctxuoatu:uni rxixrus Jan.31,2018 ) 2 2019343 EASE 10/21/2015 02:46:27 PM Mee:, 3 of 4 R 26.00 rdeD 0.00 T 26.00 t Ortiz Clerk/Recor, PuebloCounty, Co III �P� e I *NJ P�' t: K"i MI III EXHIBIT A DETENTION POND EASEMENT A portion of Lot 1 of Piedmont Park recorded April 10, 1947 in Book 1038 at Page 181 of the Pueblo County Records and being more particularly described by meets and bounds as follows: Commencing at the most Southeast corner of Lot 1 of said Piedmont Park and the Westerly Right of Way of U.S. Interstate I-25: Thence N 08°35'46" W along the Westerly Right of Way line of said U.S. Interstate I-25 a distance of 31.39 Feet to the Point of Beginning: Thence S 78°40'34" W a distance of 97.09 Feet; Thence N 00°00'00" E a distance of 147.49 Feet to a Point 5 Feet South of the North line of Lot 1 of said Piedmont Park; Thence N 90°00'00"E parallel to the North line of said Lot 1 a distance of 75.78 Feet to the Westerly line of said U.S. Interstate I-25; Thence S 08°35'46" E along said Westerly line a distance of 129.89 Feet to the Point of Beginning. Said Drainage Easement containing 11886.6 Sq. Feet. Bearings in the above legal description are based on the Recorded Plat of Piedmont Park. Assume a Bearing of N 90°00'00" E on the North line of Lot 1 of Piedmont Park. 2019343 EASE 10/21/2015 02:46:27 PM Page: 4 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co iiirVIII Ver fiy A d iii i ] XHIBIT ,a,DI DRAINAGE EASEMENT A PORTION OF LOT 1 IN PIEDMONT PARK WITHIN THE E1/2 OF S W1/4 OF SE1/4, SECTION 13, T 20 S,, R, 65 W, 6th P,M, CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO, C V) 1---- BASIS OF BEARINGS Book 1683 Page 565 10'Mt. States Tel Easement 1--'-.1 N 90° 00' 00' E 569,31 CN) z IN 4.I E C --A .,CO \O U)(/) WW /EASEMENT N LOT 1 PIEDMONT PARK off^ (1 2 to QQ ti rn 1---1 94' . Q p S,78 09 rw, W \ N97 u iv 2 v N 90° 00' 00' E 59530 (M) L!1 J BASIS OF BEARINGS T Bearings are based on the nonurrented North line of Lot 1 of '1'' Piedmont Park, Found 1/2' rebar and yellow cap Is 6128 at the NW corner of Lot 1 and the NE corner of Lot 1 and the highway row, to bear N 90. 00' 00' E (Assumed Bearing). LEGEND (M) Measured distance SCALE: 1" = 100' (P) Plat distance All distances are /n US Feet, BOUNDARIES UNLIMITED LAND SURVEYING 29244 KAREN ROAD PUEBLO, COLORADO 15105eose.dwg (719-948-4860)