The URL can be used to link to this page

Home My WebLink About13583 RESOLUTION NO. 13583 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY OAKSHIRE GARDENS, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF STORMWATER DRAINAGE WHEREAS,Oakshire Gardens, LLC, a Colorado limited liability company, 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 by Oakshire Gardens, LLC, a Colorado limited liability company, to the City of Pueblo, 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 immediately subsequent to the recording of the previously approved Rearrangement of Property Boundaries LL-16-08, Parcel B aka: 2430 Oakshire Lane. The recording fees for this Easement and Right of Way are to be paid for by Oakshire Gardens, LLC. 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 27, 2016 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: December 27, 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 OAKSHIRE GARDENS, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF STORMWATER DRAINAGE SUMMARY: This Resolution establishes an easement and right of way on Rearrangement of Property Boundaries LL-16-08, Parcel B that will be recorded prior to the recording of said Easement and Right of Way in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, also known as 2430 Oakshire Lane, for the purpose of allowing stormwater drainage facilities to be installed and maintained. PREVIOUS COUNCIL ACTION : On November 28, 2016, City Council approved a Drainage Easement Vacation, Resolution #13571, to allow the owner to relocate the drainage facilities. BACKGROUND : This parcel is being redeveloped and is required to have a detention pond facility to be relocated to accommodate the new facility. 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 lot. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the easement and right of way. The owner of 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 drainage 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 reception 2059969 01/24/17 re: Resolution 13583 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 15th day of November 2016 , by Oakshire Gardens, LLC, a Colorado 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 storm water drainage, in,through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibits 'A' and 'B' (the Property). Grantor shall install drainage improvements 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 2059969 EASE 01/24/2017 02:30:19 PM • Pagge: 20 of 4 R 28.00 D 0.00 T 28.00 Gilbert Orti2 Clerk/Recorder, Pueblo County Co Mill Kir rift 11,41411:10:1 YilGa;,/4111N 1 r6��'i Ir<��r�' St III "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 1 day of Aid �0l e . GRANTOR: BY: Aga / °k COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) > The foregoing instrument was acknowled e before m this / _ day of I4, by�� 7 / L !J . Witness my hand and official seal. My Commission Expires: 40.41-i 2a?, w0/g (SEAL) Robin M T19mbie 94/ /11, Q-4u4& Notary Public Notary Public State of Colorado Notary ID 20014036204 M Commission •hes . H 22,2018 2 W 8 jzoe0 ii o g ct 6 q2mV� cu a. 43 J 1424 c 1 4. v r r R 34IYQ7 is I co20t i vac 3.08£ .00 S L£r0� ,6a.£Z 1•0 Evac OM I coO col h I I.N w / cn W /: 60 N.,A `� N w W Ul A • = -a- h ' Qe ~' O 1� let.] W 6 '0 k aCC m 3 y M 1 44 Q M 1 M W d , 1 W ti A J/ hi g N k r' y Cb W11 1 W W y h. I ki N 2 N N N ns 1 .or a 6est2 1Kiy-gt6'3 grjye&� 3'ro.et.60 N �''�4,L.o, - �1 J La'6ta d 733,YO'd arya.7 . s gt 3.10.et.60 N 8176-7 00016.y 05b. 9+nst. ooras.r .1245. 1 k 4.0i i 2059969 EASE 01/24/2017 02:30:19 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111Wir, jNiPI14KIt4',M�11,RANAIW'NA,Iht'' lyi, 111II1 2059969 EASE 01/24/2017 02:30:19 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co ■III kirrellUdlll��l��'kti4Rjr� riii111li ktillri iI III EXHIBIT "B" LEGAL DESCRIPTION Beginning at a Point on the South Line of said Parcel B; Thence N 36° 50' 41" W along the Southwest line of said Parcel B a distance of 58.80 Feet; Thence along the West line of said Parcel B on a curve to the right a distance of 84.52 Feet, said curve having a Radius of 910.00 Feet and a central angle of 05° 19' 18" ; Thence S 79° 18' 52 " E a distance of 36.22 Feet; Thence S 10° 40' 28" W a distance of 15.92 Feet; Thence N 79° 21' 18" W a distance of 7.55 Feet; Thence S 10° 41' 08" W a distance of 71.10 Feet; Thence S 34° 33' 51" E a distance of 4.22 Feet; Thence S 79°18' 52" E a distance of 112.33 Feet; Thence S 00° 41' 45" E a distance of 14.47 Feet to the South line of said Parcel B; Thence along the South line of said Parcel B, S 89° 18' 15" W a distance of 98.78 Feet to The Point of Beginning. Said Easement containing 5470.85 Square Feet more or less.