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HomeMy WebLinkAbout13668 RESOLUTION NO. 13668 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY NEDHEAD REAL ESTATE, LLC, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Parcel 428416008 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 428416008 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, th State of Colorado, aka: 3035 East 4 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 April 24, 2017 BY: Robert Schilling City Clerk’s Office Item # M-8 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 24, 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 NEDHEAD REAL ESTATE, LLC, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts an easement and right of way on Parcel 428416008 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of th Colorado, aka: 3035 East 4 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 lot owner. 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 re: Resolution 13668 Reception 2071090 I EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) i THIS EASEMENT,granted this 18 day of eon! 2017 —_ NedHead Real Estate,LLC ,Grantor,to Pueblo,a Municipal Corporation,Grantee: byMI mil WITNESSETEI: 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 a m j_- hereby =m grants to Grantee,its successors and assigns,an easement and right of way for the v c 8"4".- Purpose of a detention pond ,in,through,over,under and across Grantor's m N Property situated in Pueblo County,Colorado described in the attached Exhibit"A"(the r-'' Property). m . ai G ' Grantor shall install '"o a in the Pro e a detention pond p rty in accordance with plans and specifications therefore approved by,and on file i •©a With Grantee,and,thereafter,Grantor shall maintain the Facilities in good working order and a N Condition,and repair and replace the Facilities. i lc-,IC moves w vA w, 2..16-: Grantee shall have the right at its option(butnot the obligation)to inspect,control, aMaintain,repair and replace the Facilities and recover all costs and expenses thereof plus an rn—o dministrative charge of 15%from the Grantor. For such purposes,Grantee is granted the right m vWe Cto enter upon the Property and adjoining property of Grantor. Failure of Grantee to Inspect, m a ontrol,maintain,repair or replace the Facilities shall not Subject the Grantee to any liability for N a"ill such failure. I 1 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 litructure 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. • i I DPW 110 12/03/98 "Granted'shall include the plural and the feminine. This Basement 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 18 day of April MI , 2017 • i G . NedHead Real slate,LLQ, n jli ,' :I%$y: 1 I r 3 mai 6 • - a r) - Z.r4 c-' COUNTY OF Pueblo ) nr r;�°� ..mv ~Q�J- The foregoing instrument was acknowledged before me this 4/18/2017 by Nm Keren Kroll of N LIN- Nedhead Real Estate,LLC , a Colorado limited liability company. LI w-1 u, .4= Witness my hand and official seal. [ SEAL] or) "_ ----- 19N0`"I My commission expires: W v9 Oil/71r/7070 Notary Pu.is (or official title) Na NI MEGAN GARCIA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144016330 MY COMMISSION EXPIRES APRIL 2S,SO[0 2 Exhibit "A" for Detention Easement s >0.3e. ao . tf� svro o T $ NW Corner of Pato& 0 m N No. iormistim O° w , O rusIn ty nnDMa.County r~ i O • v Detention Easement m !A 1s it °�'�+' 1. 3035 E.4th Street O o ��of jb P Nm 01 o 0 N 0 ' N N q 4 - fid '4• S 90' 00'W 52.78' f� N mL LY y�� U a N "� Iii.- - o ` A Portion of Lot 17 Block 2 Fearnowville, Pueblo Colorado m' o`� mwiWE r = Nana 7 t0 L'' 4 H W 2;:►) Row f°1f. 4th St'`"Plcis /il North S 1"=10' NOTE: The diM6ii316101 determined for this drawing are shown without the benefit of a certified survey. LEGAL DESCRIPTION Beginning at a point that bears S 64'25'E a distance of 183.4'from the NW corner of parcel No. 428416008 in the Pueblo County Assessors Office Tile/lee N 00'00'E 78.31 ft. Thence S 70'38'E 95.94 ft. Thence S 00°00'E 8.76 ft. Thence S 90'00'W 52.78 ft.to the Point of Beginning. MELLA DATE: 3/1/17 SURVEYING SCALE:.1"a 10' 601 N.Main IL LL1e3 Pveu_.,,COin "