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Home My WebLink About13601 RESOLUTION NO. 13601 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY BLAZER LEASING, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF STORMWATER DRAINAGE WHEREAS,Blazer Leasing, 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 Blazer Leasing, 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 forthwith. The recording fees for this Easement and Right of Way are to be paid for by the owner of Lot 1, Blazer Subdivision Second Filing as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, aka: 230 S. Santa Fe Avenue. 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 February 13, 2017 BY: Ed Brown City Clerk’s Office Item # M-1 Background Paper for Proposed Resolution COUNCIL MEETING DATE: February 13, 2017 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 BLAZER LEASING, LLC, A COLORADO LIMITED LIABILITY COMPANY, FOR THE PURPOSE OF STORMWATER DRAINAGE SUMMARY: This Resolution establishes an easement and right of way on Lot 1, Blazer Subdivision Second Filing recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, aka: 230 S. Santa Fe Avenue, for the purpose of allowing stormwater drainage facilities to be installed and maintained. PREVIOUS COUNCIL ACTION : None BACKGROUND : An addition to the existing facility on this parcel is being proposed and is required to have an existing 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 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 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 re: Resolution 13601 Reception 3099573 03/15/2018 EASEMENT AND RIGHT OF WAY NO (Facilities To Be Installed And Maintained By Grantor) =at a _ THIS EASEMENT, granted this /1 r#44 day of January , 2017 , by Blazer Leasing LLC, Grantor, to Pueblo, a Municipal Corporation, Grantee: •co Nv4 Q_ ipma"al WITNESSETH: N ma NG -F M .45 M THAT IN CONSIDERATION of the sum of One Dollar($1.00) and other good and @m coe— valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor N N ce hereby grants to Grantee, its successors and assigns, an easement and right of way for the purpose of Drainage Easement , in, through, over, under and across Grantor's N property situated in Pueblo County, Colorado described in the attached Exhibit"A" (the m o L Property). & Exhibit "B". a,Qi at mD = N 2 c,. Grantor shall install Detention Pond 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 "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 // il= day of -- 11---... , 2 ✓ 7 . a aiii GRANT R: Ai ` U3-0BY: • m . m *S NF. c o aI--= 9 _ N0i COUNTY OF PUEBLO ) N@ -r - fL ) SS. ❑v STATE OF COLORADO ) m . - 03"'.m NNYt The foregoing instrument was acknowledged before me this 1►4 day of -.cr a, • 9\v13.4-4-"1-1 , ).0 n by m.L4LR.J etr M , _ N O Lt Witness my hand and official seal. N-n- -"V in iu w mar My Commission Expires: Its- tl-2_61.1) NaAi (SEAL) of SEAL) , z No ary P is LINDA J BETTS NOTARY PUBLIC STATE OF COLORADO MYCOMMIISSION XPRES0OCT.117,1020 2 EXHIBIT A DRAINAGE EASEMENT A portion of Lot 1 of Blazer Subdivision Second Filing recorded June 6, 1995 in Book 2810 at Page 632 of the Pueblo County dia Records and being more particularly described by meets and bounds as follows: Commencing at the most Southwest corner of Lot 1 of said Blazer Subdivision Second Filing and the Easterly Right of Way of South Nora Santa Fe Avenue: o Thence N 89°41'21" E along the south line of Lot 1 of said Blazer ;m Subdivision Second Filing a distance of 320.05 Feet to the Point of Beginning: Thence N 00°18'39" E a distance of 10.00 Feet; -11 Thence N 89°41'21" E a distance of 69.95 Feet; cn , Thence N 00°16'37" W a distance of 170.90 Feet; "a" Thence S 89°41 '21" W a distance of 78.75 Feet; Thence N 00°18'39" E a distance of 10.00 Feet to the North property line of Lot 1 of said Blazer Subdivision Second Filing; Thence N 89°41 '21" E along said North property line a distance of 89.55 feet; Thence S 67°48'01" E a distance of 35.31 Feet to the Easterly line of Lot 1 of said Blazer Subdivision Second Filing; Thence S 06°23'58" W along said Easterly property line a distance of 188.67 Feet; Thence S 89°41'21" W a distance of 90.42 Feet to the Point of Beginning. Said Drainage Easement containing 8613 Square Feet. Bearings in the above legal description are based on the Recorded Plat of Blazer Subdivision Second Filing. Bearings are based on the NW corner of Goodwill Subdivision and the NE corner of Goodwill Subdivision S 89°41 '21" W, plat bearing of Blazer Subdivision Second Filing. , _ 2099573 03!15/2018 03:32:26 PM 00 Page 4 of 4 R 28.00 0 0.00 T Gilbert Ortiz Clerk/Recorder. Pueblo2 County nt ■III111F.Alr1hiiCile#il,Fr, KiipiIitiiNJ,FIVrI'ir'.'itiih11IIII EXHIBIT B DRAINAGE EASEMENT A PORTION OF LOT 1, BLAZER SUBDIVISION END FILING CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO S 52' 29' 03' E R 3358 (M) 2914.90 33.70 (p) 3, L=15.81 /D=00'18'38' No ril 1 088 I1 N 00'18'39' E 10.00' N 89'41'21' E '^ I S 67.48'01' E 35.31' N 89' 41' 21' E 400.00 (M) 401.10 (P jIp,4.5 EX 10' Drainage Easement %////, 1 Q) a 10' :- 1'W jI 78.75' iz • 1 QJ 0 0 j O ti LOT 1 BLAZER SUB. 2ND FILING n{'t`( co I Qi 2.50 Acres± 3r / , /3 R7p g ;AD 1 I ‘ N -70r1 - I ti W b ,. lQ C5 a o irx,. -1.) Zr-0 1 W y,, Q ti N 00'18'39' E 10,00' N 89'41'21' Ev 01 V42 C5 O 35. 2 EX 20' DrainageEasement P0B 1/,/1a N 89' 41' 21' E 300.10 (M) 300.09 (P) S 89'41'21' W I L BASIS OF BEARINGS 90,42' aI 1 C .Q ti '.0 1 I to / , el 143 Cs I-Jo' ~'q p1 I. IW I Is 11. 'O c l tai I o NI jo 2 W1 12 cI I LII -P 3l I <•••„ No 011 1 N.p. .0 o0 o I 1 .' l I o I SCALE: 1 a = 100' 1 BASIS OF BEARINGS' Bearings are based on the NW corner of Goodwill Subdivision (found #4 rebar) and the NE corner of Goodwill Subdivision ( found #4 rebar) S 89' 41' 21' W (plat bearing of Blazer Su. End Filing). LEGEND CM) Measured distance CLARK ENGINEERING, LLC (P) Plat distance 6821 HIGHWAY 78 WEST PUEBLO, COLORADO 81005 All distances are in US Feet. (719) 566-6800 JN 16106