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Home My WebLink About13418 RESOLUTION NO. 13418 A RESOLUTION ACCEPTING A TEMPORARY EASEMENT FOR STORMWATER DRAINAGE GRANTED BY W.L. ENTERPRISES LTD, A NEW MEXICO LIMITED PARTNERSHIP, FOR THE PURPOSE OF A STORMWATER DRAINAGE FACILITY WHEREAS,the owner of property south and adjacent to Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2 has granted a temporary easement for a drainage facility to the City of Pueblo; and WHEREAS, such temporary easement is necessary to preserve the area for the sole purpose and use of the stormwater drainage facility, which will prevent property damage; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Temporary Easement for Stormwater Drainage 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 Temporary Easement for Stormwater Drainage for any purpose not inconsistent with the Temporary Easement for Stormwater Drainage accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Temporary Easement for Stormwater Drainage accepted herein. SECTION 4. The City Clerk is directed to cause said Temporary Easement for Stormwater Drainage to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Temporary Easement for Stormwater Drainage are to be paid for by the owners of Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2. 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 April 25, 2016 BY: Ed Brown City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 25, 2016 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 A TEMPORARY EASEMENT FOR STORMWATER DRAINAGE GRANTED BY W.L. ENTERPRISES LTD, A NEW MEXICO LIMITED PARTNERSHIP, FOR THE PURPOSE OF A STORMWATER DRAINAGE FACILITY SUMMARY: This Resolution establishes a temporary easement on property south and adjacent to Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2. PREVIOUS COUNCIL ACTION : None. BACKGROUND : On July 27, 2015, City Council approved the Pinon Ridge Commercial Center Subdivision, Filing No 2. This subdivision will facilitate the expansion of the existing Loves Travel Stop parking lot to the south. With development of the parking lot, off-site drainage will be routed around on neighboring property that will require an easement for the drainage facility. The property that will contain the easement is currently undeveloped but at the time of its development the easement will be released and the drainage accommodated within the new development. Thus the reason the easement is temporary. The easement is being granted to the City, which can only be released with City Council approval, this will provide assurances the drainage facilities will remain until released. Maintenance of the drainage facilities within the temporary easement will be the responsibility of the property owner of Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the temporary easement. The owner of Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2 will finance the construction and maintenance of the drainage facility. The City will only maintain it 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 drainage facility could not be legally built on property that is not under the control of Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2 owners. The upstream surface flows would be uncontrolled and have the potential to damage downstream properties. RECOMMENDATION : Approval of the Resolution. Attachments : - “Temporary Easement for Stormwater Drainage” agreement, - Exhibit A-1, legal description of the easement - Exhibit A-2, drawing of the easement Reception 2043642 07/27/2016 02:38:01 PM re: resolution #13418 TEMPORARY EASEMENT FOR STORMWATER DRAINAGE ft THIS EASEMENT, granted this 7 day of + , 2016, by W.L. ENTERPRISES, LTD., a New Mexico Limited artnership, Grantor, to the CITY OF 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 temporary easement for the purpose of a storm water drainage facility, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described as follows (the "Property"): Legal description and drawing depicting the location of the temporary easement on the Attached Exhibit A-1 and A-2 TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair. Construction and maintenance of the temporary drainage facility shall be the responsibility of the owner of Pinon Ridge Commercial Center Filing No.2. The Grantor reserves the right to use and occupy the Property for any purpose not inconsistent 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 on the Property any building or any other structure or manufactured or mobile home or trailer unit. This temporary easement shall be released upon a permanent drainage plan being submitted to and approved by Grantee. Grantor warrants to Grantee that Grantor has good and sufficient right and title in and to the Property and full power to grant this temporary easement and will defend Grantee's quiet and peaceful possession of the temporary easement against all persons who may lawfully claim title to the Property. This Temporary Easement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors, and assigns of the Grantor and Grantee. GRANTOR W.L. ENTERPRISES, LTD. Mr L1. °LIIE:I i'i4 R Nheti M By (2 . v' A •.e c'L Dee Rogeridrown, Project Manager STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 7 day of r I , 2016 by Dee Rogers Brown as the Project Manager of W.L. nt rprises, Ltd. Witness my hand and official seal. My commission expires /Z / / 4/, Notary Public Witg DAVID LYTLE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19874123479 Y COMMISSION EXPIRES 12/15/2017 2 LEGAL DESCRIPTION HIGHLINE ENGINEERING AND SURVEYING COMPANY, INC. _' PO BOX 1295, PARKER, CO 80138, (303) 889-0044 kinGrj This drawing does not represent a monumented survey and is Date 03/21/15Job No 301P only Intended to depict the accompaning legal description. Scale N/A Drawn By RBH NOTICE: According to Colorado law you must commence any legal action based upon any defect In this survey within six years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. LEGAL DESCRIPTION A PARCEL OF LAND LOCATED WITHIN THE NORTHWEST ONE-QUARTER OF SECTION 1,TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN,CITY OF PUEBLO,COUNTY OF PUEBLO,STATE OF COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST ONE-QUARTER OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 1,FROM WHENCE THE NORTHWEST CORNER OF SAID SECTION 1 IS ASSUMED TO BEAR N 07°02'45"E,HAVING ALL BEARINGS HEREIN RELATIVE THERETO; THENCE S 89°43'46"E ALONG THE SOUTHERN BOUNDARY OF PINION RIDGE COMMERCIAL SUBDIVISION,AS RECORDED IN THE PUEBLO COUNTY CLERK AND RECORDERS OFFICE UNDER RECEPTION NO.1795379,A DISTANCE OF 311.76 FEET TO THE TRUE POINT OF BEGINNING; THENCE S 89°43'46"E,CONTINUING ALONG THE SOUTHERN BOUNDARY OF SAID PINION RIDGE COMMERCIAL SUBDIVISION,A DISTANCE OF 30.00 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ELIZABETH STREET; THENCE S 0196'19"W,A DISTANCE OF 285.82 FEET; THENCE S 88°48'51"E,A DISTANCE OF 120.00 FEET; THENCE S 89°45'20"E,A DISTANCE OF 512.39 FEET; THENCE S 06°50'31"W,A DISTANCE OF 60.38 FEET; THENCE N 89°34'37"W,A DISTANCE OF 656.52 FEET; THENCE N 01°16'19"E,A DISTANCE OF 345.75 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 47,634 SQUARE FEET OR 1.094 ACRES MORE OR LESS. PREPARED UNDER THE DIRECT SUPERVISION OF: 03, v 26715 \03/21/16/ A.........:g q &P• ' LEGAL DESCRIPTION HIGHLINE ENGINEERING AND SURVEYING COMPANY, INC. PO BOX 1295, PARKER, CO 80138, (303) 889-0044 HUM This drawing does not represent a monumented survey and is Dote 03/21/16 Job No. 301P only Intended to depict the accompaning legal description. Scale1"=100' Drawn By RAH NOTICE: According to Colorado law you must commence any legal action based upon any defect In this survey within /4— six years after you first discover such defect. In no event, may any action based upon any defect in this survey be commenced more than ten years from the date of the certification shown hereon. Nr 8AS15 Of y to N 0702'45 EERING WEST LINE NW ro u SECTION 1 1/4 POINT OF COMMENCEMENT is °' NW CORNER NW 1/4, NW 1/4,SECTION 1 m w NW Corner Section 1 Gy • LOT 2 A .9 BLOCK 4 0 TRUE POINT OF BEGINNING N1°16'19"E 345.75' 21, S1°16'19"W 285.82' 4A 4n , S89°43'46"E 30.00' yo c) ELIZABETH "1. STREET c^ NN—S88°48'51"E 120.00' 120'ROW 2A y P ` LOT 1 2A BLOCK 1 o N Z W 0 N ° of S6°50'31'W 60.38' SCALE: 1" = 100' 100 0 100 200 300 Feet I— 1---1 4-.-1 1 t UNPLAnFO 2044g3642 T_EASE 07/27/2016 02:38:01 PM Gilbert4Or tfiz4Clerk/Recorder, Pueblo 26 ou0nty, Co II IIIPrIg191A1 I11'll' ' ' ®I Ig'Il 0® l I III