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Home My WebLink About13951 RESOLUTION NO. 13951 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY PUEBLO COMMUNITY HEALTH CENTER, INC., FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Lot 9 and all of Lots 10-14, Block 124, South Pueblo 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 9 and all of Lots 10-14, Block 124, South Pueblo 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-3 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 PUEBLO COMMUNITY HEALTH CENTER, INC., FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts an easement and right of way on a portion of Lot 9 and all of Lots 10-14, Block 124, South Pueblo 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 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 Reception 2105877 05/18/2018 03.25 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 28th day of February , 2018 , by Pueblo Community Health Center, Inc., 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 control , 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 storm water control (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 2105877 05/18/2018 03:25:50 PM Page: 2 of 4 R 28.00 D 0.00 T 28 00 Gilbert Ortiz CleerkIRercrrdiler, PuebloLCounty, Co W fill�1' !1�r�I 1111 ACTT,!1�1 1�1!�Ai�IA��l li��I�A)I I�Illi�l 'I II "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. Y� f $ SIGNED this 210 day of F E , GRANTOR: A47111$2-----,4 " By: Donald E. Moore 1. Title: Chief Executive Officer of Pueblo Community ealth Center, Inc. ( (c) i%adc�; STATE OF ) COUNTY OF C /� The foregoing instrument was acknowledged before me this date of February 26, 2018 by Donald E. Moore, Chief Executive Officer of Pueblo Community Health Center, Inc., a Colorado corporation. NANETTE R.SANTOS NOTARY G PUBLIC gqop Witness my hand and official seal. NOTARY DF�2��g566 My Conynissi• •.. .. 06-25-2020 f f R My commission expires: ' G i S - t - - ,No r Public (or officia titl- • _____ =_.._ NI EXHIBIT A --ti ali DRAINAGE EASEMENT / >,W. t N , r 0 NO.4 REBAR WITH k\D YELLOW PLASTIC CAP 2%cri 4) . .a N , ..7._1, S44°56'127 r) It ia 833' G 0 INIV CO •a)--). ,,,e4k A 1 : NL--E . 1 o 7:5We ,/11 o. ... II,' n 11 I I / 5444'50'54V le',..., ,-,,<, r-- -.- N44'50547 _ z 1 . ,,I,/ 76116' in°3 ili 0,'Wie 139.6$' 1 ,H I f ...), % 1/ ,,,s, IA\ . 0 •er. 'rl, R;ri.Ai /1/ 1 I ' t. . 4 tS' 18.00 I. I ( 4.90°00'00' '"S) , I 1 ! , 11=5.00' P.O.C. / il 11 i .,` L.7.85' ; . 4 ; 1 : , i , / 26,557 SF /I 0.610 AC N 1 p i . S44'50'5419 S44°561 /2"E All .' 1 1 : ' I 18.38 ,{ 1 DRAINAGE EASEMENT 54509'06T 0,653 111. , ,,,,:,: 22.93' n, 0 0.193 AC , , I , , , , , , , , , ‘,. 3.9i4.33 • P.O.B. dl l ' . R15.00 H Ill II I ! , ! 1 1,741.5' * I I ' I I ! I I ./ I I I \ .3 , H ! i il ! - 544°50'5414' 14.67' H N S4P09.06*E 944°56'12°W 4,1IN\ , 6400' 171.62' 4=9000'00' I ' II ' I il , N, 944°50'54T <>R.5.00' I I I 1 . 16.67' 1=7.85' , S41853039'06 V .., \ NO.4 REBAR WITH ,') 4. • ' ' 1 ' ' 1'1\ ,--,--, i/1 1 N-.' YELLOW PLASTIC CAP 1.'1\ ' ks CD 0 ,ev• . 1 , 1 1 • S44'305314' •• 33 00' I 1 I / dr 2520 $455192 I I I IN I I \ i I 1 545*12'01'W 12.40' EDWARD-JAMES SURVEYING, INC. 1005 Elkton Dr. Colorado Springs,CO 80907 4732 Eagleridge Circle THIS DRAWING DOES NOT REPRESENT A Pueblo,CO 81008 MONUMENTED LAND SURVEY AND IS ONLY (/19)5/b•1219 (119)545-6240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. 06-21-2017 JOB NO. 1507-01SHEET 1 OF 1 2105877 05/18/2018 03:25:50 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County.. Co 1111 MO!:FM 11 a VIIViiiiIiM I1I rti E:iiaL), II III EDWARD-JAMEB SURVEYING, INC. June 6, 2017 Job No. 1507-01 Page 1 of 2 LEGAL DESCRIPTION DETENTION EASEMENT A PORTION OF LOT 9 AND ALL OF LOTS 10-14, BLOCK 124, SOUTH PUEBLO, 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 WEST LINE OF THE EAST 10.35 FEET OF LOT 9 BEING MONUMENTED WITH REBARS AT BOTH ENDS AND IS ASSUMED TO BEAR S44°55'53"E A DISTANCE OF 190.37 FEET. COMENCING AT THE NORTHWEST CORNER OF LOT 14, BLOCK 124, SOUTH PUEBLO;THENCE S44°56'12"E A DISTANCE OF 18.38 FEET TO THE POINT OF BEGINNING; THENCE N44°50'54"E A DISTANCE OF 139.65 FEET; THENCE S44°56'12"E A DISTANCE OF 8.33 FEET;THENCE S44°50'54"W A DISTANCE OF 76.86 FEET; THENCE S45°09'06"E A DISTANCE OF 18.00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 90°00'00"A DISTANCE OF 7.85 FEET; THENCE S44°50'54"W A DISTANCE OF 15.00 FEET; THENCE S45°09'06"E A DISTANCE OF 22.83 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 90°00'00"A DISTANCE OF 7.85 FEET; THENCE S44°50'54"W A DISTANCE OF 14.67 FEET; THENCE S45°09'06"E A DISTANCE OF 64.00 FEET; THENCE N44`50'54"E A DISTANCE OF 16.67 FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 5.00 FEET, A CENTRAL ANGLE OF 90°00'00"A DISTANCE OF 7.85 FEET;THENCE S45°09'06"E A DISTANCE OF 18.33 FEET; THENCE S44°50'53'W A DISTANCE OF 33.00 FEET;THENCE S45°08'21"E A DISTANCE OF 25.20 FEET TO A POINT ON THE SOUTHERLY LINE OF LOT 14;THENCE ALONG SAID SOUTHERLY LINE S45°12'01"W AND A DISTANCE OF 12.40 FEET TO THE SOUTHWEST CORNER OF LOT 14; THENCE ALONG THE WEST LINE OF LOT 14 N44°56'12"W A DISTANCE OF 171.62 FEET TO THE POINT OF BEGINNING; CONTAINING A CALCULATED AREA OF 0.153 ACRES. LEGAL DESCRIPTION STATEMENT 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. ,,,,,,,,,,p, %%04 8.N7...�f••pNEY,y E`Q Cry,61-i • ac : iii • l . .... .i ., ••ti ... it, �� g AL LAW o t'' RANDEL R. NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIOGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81 008 PHONE: (719) 576-1216 PHONE: (7191545-6240 FAX: (7191 576-1206 FAX: (7191545-6247 hltp•//e.istarcying,.com