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Home My WebLink About13343RESOLUTION NO. 13343 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY ABERDEEN BLUFF 2ND FILING HOMEOWNERS ASSOCIATION, INC. FOR THE PURPOSE OF PUBLIC UTILITY USE nd WHEREAS, the owner of Aberdeen Bluff Subdivision 2 Filing has granted an easement and right of way for public utilities to the City of Pueblo; and WHEREAS, such easement is necessary to preserve the area for the sole purpose and perpetual use, including, but not limited to storm sewer pipes and facilities in, through, over, under, and across Grantor’s property; 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: December 14, 2015 BY: Robert Schilling City Clerk’s Office Item # M-3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 14, 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 ABERDEEN BLUFF 2ND FILING HOMEOWNERS ASSOCIATION, INC. FOR THE PURPOSE OF PUBLIC UTILITY USE SUMMARY: Attached is a Resolution establishing a public utility easement and right of way on Parcel nd A, Aberdeen Bluff Subdivision 2 Filing. Also attached are the following: -“Easement and Right of Way” agreement, - Exhibit “A,” which defines the boundaries of the easement. PREVIOUS COUNCIL ACTION : None. BACKGROUND : This past summer it was found that an older storm sewer inlet and drain pipe on Marian Drive was in disrepair and in need of being replaced. During the design it was determined that extending the pipe further onto the adjacent property, which is a parcel that contains a natural drainage area, would be required to prevent erosion on that same property. Aberdeen Bluff 2nd Filing Home Owners Association, Inc., owners of the property, was approached to discuss obtaining an easement. After discussion of the project and the need for an easement the City prepared the documentation for their consideration of which they approved and a copy is hereto attached. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the easement. BOARD/COMMISSION RECOMMENDATION : Not applicable. STAKEHOLDER PROCESS : A meeting was held by the Aberdeen Bluff 2nd Filing Home Owners Association, Inc., owners of Parcel A of which the desired easement lies, to review for approval the said easement. They approved and directed the president of the Association to execute the easement of which a copy is here attached. ALTERNATIVES : Alternative No. 1 – No Action Under this alternative, replacing the storm pipe in its historical location would not occur due to erosion damage that would be created on Parcel A with the new pipe stopping short of the property line. The storm sewer system would have to be rerouted within Marion Drive adding significant costs with manholes, additional pipe and repair of the street. Due to the increase of costs the storm sewer could not be replaced due to lack of funding, and local flooding would continue until such time that funds are available. RECOMMENDATION : Approval of the Resolution. Attachments : - “Easement and Right of Way” agreement, - Exhibit “A,” legal description and drawing of the easement Reception 2024593 12/21/2015 03:36:31 PM EASEMENT AND RIGHT OF WAY THIS EASEMENT, granted this /5' day of "D e.c , b ter- , 20 1 5 by pbar )6«u gl„ IA.6A s•pc,,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, a ten foot wide easement and right of way for public utility use, including but not limited to storm sewer lines and facilities in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described in and shown upon Exhibit "A" attached hereto. TOGETHER WITH the right to enter upon said property for the purpose of construction, maintenance, control and repair, and together with the right to use so much of the adjoining property of Grantor for said purposes. The Grantor reserves the right to use and occupy said property for any purpose consistent with the right and privilege above granted and which will not interfere with or endanger any of Grantee's 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 any building or any other structure upon the easement. Grantee shall have the right to remove,at Grantor's expense, buildings, structures and other objects located on the easement interfering with the construction, maintenance, operation, control or use of the easement for its intended purpose. 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 easement and right-of-way against all persons who may lawfully claim title to the property. "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 the Grantor and Grantee. SIGNED this a16k day of oc- t'0 6\r- , 20 I1 Grantor:- INkivv\..8 ' u , By C' r1. SD-LO61- t COUNTY OF PUE ) ss. CA1IU . STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 9.91 day of 0 b-V ,20 kb by A>thio LEIGH NOORI Witness m hd d official seal. NOT OF COLORPUBLIC yananSTATE OF ADO NOTARY ID#19994015500 My commission expires: (o I )0 MY COMMISSION EXPIRES JUNE 1,2019 [SEAL] keri. ,. Notary Publ 411 I ' 2024593 EASE 12/21/2015 03:36:31 PM Pa e: 2 of 3 R 21.00 D 0.00 T.21.00 jill lb , oouny, Co��PA � & wili «��'�'g I,RAW �o'l g'rh I III Exhibit"A" A permanent ten (10) foot drainage easement situated in Parcel A, Aberdeen Bluff Subdivision Second Filing as filed in the records of Pueblo County Clerk and Recorder, said parcel is located in a portion of the N '/2 of the NW 'A of Section 35, Township 20 South, Range 65 West of the 6th Principal Meridian, County of Pueblo, State of Colorado, the centerline of said easement being further described as follows: Commencing at a point, said point being the most southeasterly point of the said Aberdeen Bluff Subdivision Second Filing and a point on the northerly right of way line of Abriendo Avenue, thence northerly and easterly along the easterly boundary of said Aberdeen Bluff Subdivision Second Filing and westerly boundary of Worrell's Park Subdivision the following four(4) courses and distances: 1) N 00° 01' 10" W a distance of 120.11 feet 2) N 89° 47' 54" E a distance of 12.5 feet 3) N 15° 51' 49" E a distance of 20.79 feet 4) S 89° 59' 12" E a distance of 71.41 feet to a point, said point being a common point of the said Aberdeen Bluff Subdivision Second Filing and the Sam Jones Subdivision, thence N 19°24' 00" E along the easterly line of the said Aberdeen Bluff Subdivision Second filing and the westerly line of the said Sam Jones Subdivision, a distance of 154 feet plus or minus to a point on said line, said point being on the centerline of the Ten (10) foot drainage easement and is also the true Point of Beginning, thence N 78°43'48" W along said centerline of the ten (10) foot drainage easement a distance of 55 feet plus or minus to the Point of Terminus. The above described drainage easement contains five hundred and fifty (550) square feet, more or less. * Courses (Bearings) described herein are based on the recorded plat of the Aberdeen Bluff Subdivision Second Filing and assumes the northerly right of way line of Abriendo Avenue to bear due east and west (N 90°00'00"E). 0 I • " r iiuA Easei lent ,‘„,..,.. V—,,, ,,1„, 0,,,,, ",.L. ” lt, 1 1 ik. ,„„g 17: Y. ( 1 ()- 1 "Ag' c o n I (.1 ,,,,,, , , i , I 55' , ___ r r 10I ( ' - - _ - ; / / / . / 5' i , , . / Easement ..._ I MI , Centerline ,r \ / , :...,,,,,, 0asi -,........... 1 , ,, ,-; o_m .,-.....,, ' \, 55- ,, ........ .ar P i) I / , Ct6.5& `-..,,,,., .Or / .01/47 U3 I-•-• ...." \ -,.7...,8..'....._43'4 0 . „8.'4,W74t! ›d ) (0I.n•1.•G0G0• -a......rl'e..il.l.. , 0 13 Las (Ni IS la ./ ...,.. .. •2 rs, ..,,, ••••.N"-- iZ) ''''st:' W 0 C\,/,v (1)1') N15'51'49"E 0 (r) 0)'*-- *" . a N 20 7946 2 S 0 i in 11 'II •,..) a-fu 0 , NO ^-•,1 o',7". 6)IV.-.sm o -•,- .c-) ,• ,".::› S89'59'12”E 1 , : 4,) / 71.41' .L ' 1 i i -,..1 .- . , 1 N89'47'54”E -, .. .. 1 12.50 ...Ls! 7 7 c i cc;1 2 1 t -, Northerly Hight 01 Way Line l _ . N 90°00'00“E i., ABRIENDO AVENUE , Anim.— N.T.S 1