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Home My WebLink About13950 RESOLUTION NO. 13950 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY PARKER & SPAULDING, LLC., FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Lot 1, Block 1, Park West Business Campus, Filing No. 3 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 Lot 1, Block 1, Park West Business Campus, Filing No. 3 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado. 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 23, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 23, 2018 TO: President Christopher A. Nicoll and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Jeff Bailey, Acting Public Works Director SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY PARKER & SPAULDING, LLC., FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts an easement and right of way on a portion of Lot 1, Block 1, Park West Business Campus, Filing No. 3 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, for the purpose of allowing a detention facility to be installed and maintained. PREVIOUS COUNCIL ACTION : None. BACKGROUND : This parcel is being developed and is required to have a detention pond facility installed. This easement will provide assurances that 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 Resolution13950 Reception 2107695 06/07/2018 03:49:50 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 15th day of March , 2018 ,by Parker & Spaulding. LLC , 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 Detention Pond Easement , in, through, over, under and across Grantor's property situated in Pueblo County, Colorado described in the attached Exhibit"A" (the Property),and Exhibit "B". Grantor shall install Detention Pond (the Facilities) 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 2107695 06/07/2018 03:49:50 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Glerk/Recorder. Pueblo County. Co •III 14,'rdrin fik'ti«1'«h:l #liiitiF'dr 1R166111ii 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. C.1) e SIGNED this /6.) day of -l - c: GRANTOR: By: / ///' _— COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instru ent was acknowledged before me this /-5 — day of March, 2018 by /�a� �f'adu. a— as manager of Parker& Spaulding, LLC, a Colorado limited liability company. Witness my hand and official seal. My Commission Expires: /23//020/ (SEAL) y Ak I t "t Notary Public OTAMk :i. } t � c—o—o- : a. /4'jgLAC+ ;•d ...... „tom' • 2 2107695 06/07/2018 03:49:50 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co to win h'lr;r'Iinkft:iioi11krimitinar "A ii II EXHIBIT A DETENTION POND EASEMENT A portion of Lot 1, Block 1, Park West Business Campus, Filing No. 3, Reception No. 1626947 of the Pueblo County Records and being more particularly described by meets and bounds as follows: Commencing at the most Southeast corner of Lot 1, Block 1, Park West Business Campus, Filing No. 3: Thence N 01°16'21" W, along the east line of Lot 1 of said Park West Business Campus, Filing No. 3, a distance of 20.00 Feet to the Point of Beginning: Thence S 88°43'39" W, a distance of 45.00 Feet; Thence N 01°16'21" W, a distance of 147.16 Feet to the southerly line of the 40 foot wide ingress/egress easement, Reception No. 1626947 ; Thence S 73°35'35" E, a distance of 47.23 Feet, to the east property line of said Lot 1; Thence along the east property line of said Lot 1, S 01°16'21" E, a distance of 132.82 Feet to the Point of Beginning. Said Detention Pond Easement containing 6,299.43 Square Feet. Bearings in the above legal description are based on the Recorded Plat of Park West Business Campus, Filing No. 3. Bearings are based on the South property line of Lot 1, Block 1, from the Southeast corner to the Southwest corner S 89°43'39" W, plat bearing of Park West Business Campus, Filing No. 3. 2107695 06/07/2018 03:49:50 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder: Pueblo County. Co Ell l�am rakirialtitit'iekiNd.DM Pi InT iii,i'i Li _ 11 111 EXHIBIT B DETENTION POND EASEMENT A PORTION OF LOT 1, BLOCK 1, PARK WEST BUSINESS CAMPUS, FILING NO, 3 CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO SPAUL DING AVENUE R=450.00' 3' pedestrian easement- L=149.55' (Reception No, 1555450) D=19'02'26' R=35,00' L=54.98' D=90.00'00' , a•• ' I /ff Pedestrian EosenentJ j 10'P.1/E (Rec ption No. L_— 1555450) S 73.35'35' E (Reception No. GI 47.23' yam+'/ 1569879) rj`�V}✓/ ' 40'Ingress/egress ~; O p easement (Reception o ti riL C Na 1626947) 1` O1 Q m 1 Ur X16,29943 SF 3 BLOCK 1 PARK WEST BUSINESS CAMPUS, C W a o Li io FILING NO, 3 (CONTAINS 1.791 ACRES) v 110'''4) o '' 2 ��S 88'43'39' W �20' Ingress/egress easement 45,' (Receetlon No. 1555450) 0' - 10' P.U.E. (Reception No. 135'343117 PCB 1 S 88'43'39' V 361.72' SCALE: la = 100' BASIS OF BEARINGS BASIS OF BEARING, SOUTH PROPERTY LINE OF PARK WEST BUSINESS CAMPUS, FILING NO. 3, S 88' 43' 39' W (PLAT BEARING OF PARK WEST BUSINESS CAMPUS, FILING NO. 3) CLARK ENGINEERING, LLC LEGEND 6821 HIGHWAY 78 WEST PUEBLO, COLORADO 81005 All distances are in US Feet, (719) 566-6800 JN 17101