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Home My WebLink About13471 RESOLUTION NO. 13471 A RESOLUTION ACCEPTING A DRAINAGE EASEMENT GRANTED BY LOVE’S TRAVEL STOPS & COUNTRY STORES, INC., AN OKLAHOMA CORPORATION, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Lot 2, Block 1, Pinon Ridge Commercial Center Subdivision has granted a drainage easement for a detention facility to the City of Pueblo; and WHEREAS, such easement is necessary for the 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 Drainage Easement 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 Drainage Easement for any purpose not inconsistent with the Drainage Easement accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Drainage Easement accepted herein. SECTION 4. The City Clerk is directed to cause said Drainage Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Drainage Easement 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 July 25, 2016 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: July 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 DRAINAGE EASEMENT GRANTED BY LOVE’S TRAVEL STOPS & COUNTRY STORES, INC., AN OKLAHOMA CORPORATION, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution establishes an easement on Lot 2, Block 1, Pinion Ridge Commercial Center for the purpose of allowing the adjacent property Lot 1, Block 1, Pinon Ridge Commercial Center Subdivision, Filing No 2 to use the existing detention facility. PREVIOUS COUNCIL ACTION : On July 27, 2015, through Ordinance No. 8899, City Council approved the Pinion Ridge Commercial Center Subdivision, Filing No 2. BACKGROUND : The Pinion Ridge Commercial Center Subdivision, Filing No 2, combined Lot 1, Block 1, Pinion Ridge Commercial Center Subdivision with an 8.75-acre parcel. This subdivision will facilitate the expansion of the Love’s Travel Stop parking lot to accommodate more customers. Stormwater detention for the previous Love’s Travel Stop lot was provided on an adjacent lot but was not dedicated to serve the new Pinion Ridge Commercial Center Subdivision, Filing No 2. This drainage easement will provide that legal means for its use. Love’s Travel Stops & Country Store, Inc. owns both lots and can sale them independently so 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 to serve Pinion Ridge Commercial Center Subdivision, Filing No 2. Maintenance of the drainage facilities within the easement will be the responsibility of the owner of both lots. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the drainage easement. The owner of both lots will be responsible for the 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 detention facility could not be legally used by Lot 1, Block 1, Pinion Ridge Commercial Center Subdivision, Filing No 2. They would be required to provide a separate detention facility at a significant cost to them. RECOMMENDATION : Approval of the Resolution. Attachments : “Drainage Easement” agreement Reception 2043643 07/27/2016 02:38:01 PM re: Resolution 13471 DRAINAGE EASEMENT C This DRAINAGE EASEMENT (this "Drainage Easement"), is granted this iA day of, 2016, by Love's Travel Stops & Country Stores, Inc., an Oklahoma corporation ("Grantor"), to Pueblo, a Municipal Corporation, ("Grantee"), with respect to the following: WITNES SETH WHEREAS, Grantor is owner of the following properties situated in Pueblo County, Colorado (collectively the "Property"): Lot 2, Block 1, Pinion Ridge Commercial Center ("Pinion Ridge 1"); and Lot 1, Block 1, Pinion Ridge Commercial Center, Filing No. 2 ("Pinion Ridge 2"); and WHEREAS, Grantor maintains a drainage detention pond upon Pinion Ridge 2 wherein any and all runoff from said pond is proposed to be drained into the currently existing drainage detention pond on Pinion Ridge 1 consistent with Grantor's obligations under the approved subdivision improvement agreement with Grantee and the storm drainage design criteria and drainage policies of Grantee. NOW THEREFORE, in consideration of the foregoing and the sum of One Dollar ($1.00) and other good and valuable consideration, Grantor hereby stipulates, agrees, and grants as follows: 1. The drainage detention pond located within Pinion Ridge 1 will accept and receive all additional runoff from or received through the drainage detention pond located within Pinion Ridge 2. Grantor will assume and be responsible for all installations, repairs and maintenance necessary to keep the drainage detention pond located within Pinion Ridge 1 in good working order and condition. 2. Grantor's obligations hereunder are in addition to and shall in no manner limit Grantor's obligations under prior easements granted the Grantee with respect to the Property. In the event Grantor fails to make any such necessary installations, repairs, or maintenance and such failure continues for thirty (30) days following receipt by Grantor of written notice from Grantee thereof, Grantee is hereby granted the right but not the obligation, in its discretion,to make, at Grantor's cost and expense, any such installations, repairs and maintenance necessary to keep the drainage detention pond located within Pinion Ridge 1 in good working order and condition. 3. Grantor hereby reserves for itself, its successors and assigns, the right to use the Property for any uses or purposes which do not unreasonably interfere with and which are not materially inconsistent with the grant of the drainage easement hereunder. 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 Drainage Easement any building or any other structure or manufactured or mobile home or trailer unit. Nothing herein contained shall be deemed to be a gift or dedication of any portion {00172406.DOCX;2} of the Property to the general public or for any public purpose whatsoever, it being the intention of the parties that this Drainage Easement shall be strictly limited to and for the purposes herein expressed. 4. 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 Drainage Easement, and (b) will defend Grantee's quiet and peaceful possession of the Drainage Easement against all persons who may lawfully claim title to the Property. 5. "Grantee" shall include the plural and the feminine. This Drainage Easement shall be binding upon, and shall inure to the benefit of the heirs,personal representatives, successors and assigns of the Grantor and Grantee. This Drainage Easement embodies the entire understanding of the parties with respect to the Drainage Easement. This Drainage Easement and the terms and provisions hereof shall be deemed covenants running with the land for all purposes and may be amended or modified only by an instrument in recordable form, executed by both parties hereto. If either party commences litigation or other legal action or proceeding against the other party to enforce its rights hereunder, the prevailing party in such litigation, action or proceeding shall be entitled to recover from the other, in addition to any other relief granted, its reasonable attorney's fees, costs and expenses incidental to such thereto. [Signature Page to Follow] {00172406.DOCX;2}2 04SIGNED this 2'1"' day of , 2016. Grantor: Love's Travel Stop : Country Store , Inc., i • • :.co r.• ation iiBy: Name: b Olt: S 55 l Title: : •1 V' : C F a STATE OF OKLAHOMA ) ) ss. COUNTY OF OKLAHOMA) . The foregoing instrument was duly acknowledged before me this . 714' day of a,AA, / , 2016 by 1. 0(44 ‘NIvtSs( , as &i C. VP : CFO of Love's Travel Stops & Country Stores',, Inc., an Oklahoma corporation. Witness my hand and official seal. p My commission expires: / 0. i8. I a . ttiuuiieiii/ ea/1J K amA,,,,,,_,\ oQ . 0}--\ - Notary Public #p p8118 s !rd., rd.4"1111110&P\\\\\