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Home My WebLink About13532 RESOLUTION NO. 13532 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY ALLAN ALLMAN, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Parcel 525329004 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, has granted an easement and right of way 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 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 the 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 owner of Parcel 525329004 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, th State of Colorado, aka: 711 West 8 Street. 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 11, 2016 BY: Ed Brown City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 11, 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 AN EASEMENT AND RIGHT OF WAY GRANTED BY ALLAN ALLMAN, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts an easement and right of way on Parcel 525329004 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of th Colorado, aka: 711 West 8 Street, for the purpose of allowing a detention facility to be installed and maintained. PREVIOUS COUNCIL ACTION : None. BACKGROUND : This parcel is being redeveloped and is required to have a detention pond facility installed. This easement will provide assurances the drainage facility will remain as required. Maintenance of the drainage facility within the easement will be the responsibility of the owner of the lot. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the easement and right of way. The owner of the lot 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 still be built but there would be no legal assurance the facility would remain as required and a structure could be built within the same area. Without the detention facility, increased stormwater impacts to properties and citizens downstream could occur. RECOMMENDATION : Approval of the Resolution. Attachments : · Easement and Right of Way agreement · Legal Description with drawing exhibit Reception 2051116 10/17/2016 03:07:16 PM re: Resolution 13532 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EA EMENT, granted this /(y day of s,-,'i// fr , 7/to , by c[[Gr.1 Al(/)/1 , 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 o Grantee, its successors and assigns, an easement and right of way for the purpose of ( Q [)/] , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit "A"(the Property). Grantor shall install Dekelt.Hr f\ 4/ 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 2051116 EASE 10/17/2016 03:07:16 PM Page: 2 of 4 R 26.00 D 0.00 T 26.00 • Gilbert Ortiz Clerk/Recorder, Pueblo County, Co MINIM 11111 "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 /6 day of Cep/ern/xi, Zb,(Q . GRANTOR: By: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged efo e me this 1�0 day of 0) by CLLOf1MA�ti� Witness my hand and official seal. My Commission Expires: I a /2-0 )1 7 . (S EAL)CIN®Y J. CAPRITTA c . OptipafigH NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID,19934016940 MY COMMON EXPIRES DECEIVER 20,2017 2 , QEDWARD-JAMES SURVEYING, INC. April 20, 2016 Job No. 1576.00 Page 1 of 2 LEGAL DESCRIPTION DETENTION POND EASEMENT A PORTION OF PARCEL 525329004 AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER, COUNTY OF PUEBLO, STATE OF COLORADO, AND BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE SOUTH LINE OF SAID PARCEL, ASSUMED TO BEAR N90°00'00"W A DISTANCE OF 130.85 FEET. ma COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL; THENCE S90°00'00"E, ALONG THE -� SOUTH PARCEL LINE, A DISTANCE OF 24.90 FEET; THENCE DEPARTING SAID PARCEL LINE o N00°00'00"E A DISTANCE OF 1.64 FEET, TO THE POINT OF BEGINNING. " - aAe THENCE CONTINUING N00°00 00I E A DISTANCE OF 2.78 FEET; THENCE N90°00'00 E A £am` DISTANCE OF 19.05 FEET; THENCE N00°00'00"E A DISTANCE OF 11.48 FEET;THENCE tDNL,...e N90°00'00"E A DISTANCE OF 25.19 FEET; THENCE S00°00'00"E A DISTANCE OF 5.01 FEET; m1- THENCE N90°00'00"E A DISTANCE OF 2.85 FEET; THENCE S00°00'00"E A DISTANCE OF 5.15 �;ma FEET; THENCE N90°00'00"E A DISTANCE OF 5.00 FEET; THENCE S00°00'00"E A DISTANCE OF 0 . LO I- 4.11 FEET, TO A POINT WITH A PERPENDICULAR BEARING OF S00°00'00"E A DISTANCE OF ,oa- 1.64 FEET, TO THE SOUTH LINE OF SAID PARCEL; THENCE N90°00'00"W, AND PARALLEL TO Nm ti THE SOUTH LINE OF SAID PARCEL, A DISTANCE OF 52.10 FEET, TO THE POINT OF � J �� BEGINNING. `NY � 04w a ,, s oirs CONTAINING A CALCULATED AREA OF 0.0105 ACRES. W oo� -..'0 TI g LEGAL DESCRIPTION STATEMENT Nam I, RANDEL R. NELSON,A LICENSED PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION, AND BELIEF IS CORRECT. ii,,,,,,,,,,,,,..._ ,•(' pO LIC , -. G /PEr�• '� T- •• :,f,A.L0 ,... ,, .o ,,, •L RANDEL R. NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 1005 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO B0907 PUEBLO, CO 81 008 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1206 FAX: (7191545-6247 http://ejsurveying.com DETENTION POND EASEMENT 711 W 8TH STREET SW COR OF PARCEL 525329004 POINT OF COMMENCEMENT b N00°00'00"E v 1.64' N N00°00'00"E 2.78' POINT OF \ -n=BEGINNING 461 \ �,oDm— ,c;:,.; \ b a.D \ p N vopo p hi-- G 1,01.Mil Z Om•adiE m \ N00°00'00"E 11.48' ..o w= E-oNmp� W �mO4- --..N1E.y N m u) d 1.0 cc N L114 P p O _ ke p en ID I'C' O N .-. L z b in O7°— O e9 rG.� p NO.c� O P w ro \ o Z p EZ Q mS00°00'00"E o pp \ \ \ 5.01' u) o S00°00'00"E u) 0 5.15' co zAN N90°00'00"E 2.85' N90°00'00"E 5.00' SOD°00'00"E \ 4.11' mastaza M S00°00'00"E to 1.64' 0 5' 10' 20' / I SE COR OF ��IIII SCALE: 1"=10' PARCEL 525329004 EDWARD-JAMES SURVEYING, INC. 1005 Elkton Dr. 4732 Eagleridge Circle THIS DRAWING DOES NOT REPRESENT A Colorado Springs,CO 80907 Pueblo,CO 81008 MONUMENTED LAND SURVEY AND IS ONLY0 (719)576-1216 (719)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 04-20-2016 JOB NO. 1576.00 SHEET 2 OF 2