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Home My WebLink About14055 RESOLUTION NO. 14055 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY HUTTON GROWTH OFP PUEBLO EX, LLC, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Lots 2 and 3 of Pueblo Crossing, Filing No. 3 as recorded in the records of the Pueblo County Clerk and Recorder, County of Pueblo, State of Colorado, has granted easements and rights of way for two (2) detention facilities to the City of Pueblo; and WHEREAS, such easement is necessary for the purpose and use of the stormwater drainage facilities, which will prevent property damage; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Easements and Rights 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 Easements and Rights of Way for any purpose not inconsistent with the Easements and Rights of Way accepted herein. SECTION 3. No building or other permanent structure shall be erected upon the Easements and Rights of Way accepted herein. SECTION 4. The City Clerk is directed to cause said Easements and Rights of Way to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this Easements and Rights of Way are to be paid for by the owner of Lots 2 and 3 of Pueblo Crossing, 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 September 24, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # O-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: September 24, 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 HUTTON GROWTH OFP PUEBLO EX, LLC, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts two (2) easements and rights of way on a portion of Lots 2 and 3 of Pueblo Crossing, 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 two (2) detention pond facilities installed. This easement will provide assurances that the drainage facilities will remain as required. Maintenance of the drainage facilities within the easement will be the responsibility of the lot owner. FINANCIAL IMPLICATIONS : There is no cost associated with the acceptance of the easements and rights of way. The owner of the lot will be responsible for the maintenance of the drainage facilities. 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 facilities would remain as required and a structure could be built within the same area. Without the detention facilities, increased stormwater impacts to properties and citizens downstream could occur. RECOMMENDATION : Approval of the Resolution. Attachments :  Easements and Rights of Way agreement  Legal Description with drawing exhibit re: Resolution 14055 Reception 2121707 11/1/2018 EASEMENTS AND RIGHTS OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENTS AND RIGHTS OF WAY, granted this c "day of , 2018, by Hutton Growth OFP Pueblo EX, LLC, a Colorado limited liability company, Grantor, having an office at 736 Cherry Street, Chattanooga, TN 37402, Attn: General Counsel, to Pueblo, a Municipal Corporation, Grantee, having an office at 1 City Hall Place, Pueblo, Colorado 81001 Attn: Public Works Director. 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, two (2) easements and rights-of-way for the purpose of certain Detention pond facilities (the Facilities) in, through, over, under and across those certain portions (each an Easement Area) of Grantor's Property (as defined below) situated in Pueblo County, Colorado with the legal description for each Easement Area as set forth in the attached Exhibit "A". An illustrative of each Easement Area is shown on the site plans which are attached hereto as Exhibit "A-1". Grantor shall install the Facilities within each Easement Area in accordance with plans and specification titled "5931 N. Elizabeth St., Pueblo CO 81008, Pueblo Crossing, Filing No. 3," approved by the Grantee, and on file with Grantee by project number C -18-04 and, thereafter, Grantor shall maintain the Facilities in good working order and condition, and repair A and replace the Facilities. o G Grantee shall have the right at its option (but not the obligation) to inspect, control, maintain, repair and replacetheFacilities and recover all costs and expenses thereof plus an CO administrative charge of 15% from the Grantor. For such purposes, Grantee is granted the right trio .i o m w to enter upon the Property. Failure of Grantee to inspect, control, maintain, repair or replace the D Facilities shall not subject the Grantee to any liability for such failure. mN •0BN -ye 13 _o W Grantor reserves the right to use and occupy the Property for any purpose not inconsistent m 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 each Easement Area any building or e= any other structure or manufactured or mobile home or trailer unit. az- WE a Grantor warrants to Grantee that Grantor(a) has good and sufficient right and title in and to that certain tract of land described in the attached Exhibit "B" (the Property) and full power to grant the easements and rights-of-way, and (b) will defend Grantee's quiet and peaceful DPW 110 12/03/98 possession of the Property, each easement and each right-of-way against all persons who may lawfully claim title to the Property. "Grantee" shall include the plural and the feminine. This easements and rights-of-way agreement shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and Grantee. • 1-7VSIGNED this '' l-z day of , 2018. GRANTOR: utton Growth OFP Pueblo EX, LLC, a Colorado limited liability company By: I —%% Na : �� ,n �el t db/o.f. Its. 5vP COUNTY OF HAMILTON) ) ss. STATE OF TENNESSEE) The foregoing instrument was acknowledged before me this o v.-- day of O lk lVX , e}Cot$ by jPAn: Cevu.t i , as the (manager r me ber) of Hutton Growth OFP Pueblo EX, L C, a Colorado limited liability company. 31l Witness my hand and official seal. My Commission Expires: a - I a'-. d ? (SEAL) \`\ �% . & A . _1 !ik \\\1111111fIIlii,,//\\ ofw ✓p/i, ./ Not. P .lic \o 2 z.is Z./. STATE' F`N OF TENNESSEE _ NOTARY s PUBLIC ••' C'g/ii�/�ZTON CC� \`�;��' 21g2g17N7 011/01/2018 03:47:52 2 PM43.00 7//SS II/11111111\ ,L'1 Gilhert 2Ortiz Clerk/Recorder0 Pueblo County Co ion ExplreSO IIIA Kirin Illi 1G161 kids 'il Riir1+ w Iliiii rkii B III 2 EXHIBIT "A" DRAINAGE DETENTION EASEMENT LAND DESCRIPTION A parcel of land for the purpose of Drainage Detention in the southwest one-quarter of Section 1, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: A parcel of land being located on Lots 1, 2 and 3 of Pueblo Crossing Filing No. 3 according to the recorded plat thereof filed for record on July 27, 2016 at Reception No. 2043662, in the records of Pueblo County Recorder. Considering a portion of the north line of Lot 4 of the aforementioned Pueblo Crossing Filing No. 3 to bear N. 73°42'39" E., and all bearings contained herein being relative thereto. Commencing from a point on the north line of the aforementioned Lot 4 763.01 feet east of the Northwest Corner of Lot 4 of Pueblo Crossing Filing No. 3 thence S. 25°59'20" E., a distance of 214.05 feet to the Point of Beginning; thence S. 18°53'32" E., a distance of 123.06 feet; thence S. 18°51'41" E., a distance of 101.29 feet; thence S. 74°13'07" W., a distance of 19.28 feet; thence N. 16°16'39" W., a distance of 43.11 feet; thence along the arc of a curve to the left whose center bears S. 74°09'34" W. and whose radius is 467.50 feet, a distance of 65.08 feet; thence along the arc of a curve to the left whose center bears S. 66°06'38" W. and whose radius is 444.22 feet, a distance of 120.76 feet; thence N. 73°42'39" E., a distance of 45.98 feet to the Point of Beginning. Said parcel contains 0.12 acres more or less. I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 10, iCe j • 4E is •S11►�1 °�;0 38485 0 0 2121707 11/01/2018 03:47:52 PM y Page: 3 of 7 R 43.00 D 0.00 T 43.00 Ito ,�• /,�,�;<y% Gilbert Ortiz Clerk/Recorder i Pueblo County Co � s ��I J� 1111 krlr rr rnErlilr�T ICh IrliA, ��.��G��iE��MSM i��t� 11 II �hk4L L --- Michael —Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. September 11, 2017 JN 15 031 00 Page 1 of 2 EXHIBIT "A" DRAINAGE DETENTION EASEMENT LAND DESCRIPTION A parcel of land for the purpose of Drainage Detention in the southwest one-quarter of Section 1, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: A parcel of land being located on Lots 2 and 3 of Pueblo Crossing Filing No. 3 according to the recorded plat thereof filed for record on July 27, 2016 at Reception No. 2043662, in the records of Pueblo County Recorder. Considering a portion of the north line of Lot 4 of the aforementioned Pueblo Crossing Filing No. 3 to bear N. 73°42'39" E., and all bearings contained herein being relative thereto. Commencing from a point on the north line of the aforementioned Lot 4 763.01 feet east of the Northwest Corner of Lot 4 of Pueblo Crossing Filing No. 3 thence S. 59°42'03" E., a distance of 249.88 feet to the Point of Beginning; thence N. 73°42'39" E., a distance of 29.02 feet; thence along the arc of a curve to the right whose center bears S. 55°44'34" W. and whose radius is 670.00 feet, a distance of 210.11 feet; thence S. 16°17'21" E., a distance of 91.74 feet; thence S. 73°39'57" W., a distance of 34.09 feet; thence N. 15°46'47" W., a distance of 20.25 feet; thence N. 14°01'51" E., a distance of 24.11 feet; thence N. 19°34'00" W., a distance of 216.77 feet; thence S. 73°42'39" W., a distance of 27.57 feet; thence N. 16°17'21" W., a distance of 40.98 feet to the Point of Beginning. Said parcel contains 0.17 acres more or less. I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 4.3 31415 <;x % 2121707 11/01/2018 03:47:52 PM �r%. Page' 4 of 7 R 43.00 D 0.00 T 43.00 I/ di% q10,1 1'1- , �/ Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11 V'. 11111 ....;gJ i 11111 Ell' l�'!'I a�'I 1 1��i:ir�Ji4�1' 14110'1 i'�, N�,�� III II I %‘‘,: LA Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. September 11, 2017 JN 15 031 00 Page 2. of 2 2121707 11/01/2018 03:47:52 PTI Page: 5 of 7 R 43.00 D 0.00 1 43.00 Gilbert Ortiz Clerk/Recorder. Pueblo County Co VIII tor.ininNtilliU.111.%1•J'iLPililliV Kiiiti,'LlMillyi, 11111 Exhibit"A-1" Site Plan 0010 01,1$d)oli IA 11140 ._,.... --i 1 1 i I f nt 11 C) r- - m , .A---) 4 Fii 8> r IWI .., \ —1/4- . 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' ... .1.j.., ',II. 11 IA ,---"..1-'-' - ,.. , --.-I-1.A "-- t';''' -,C4 -t, -_---- _,--- A-1-2 2121707 11/01/2018 03:47:52 PM Page: 7 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder: Pueblo County; Co 11111 11111 Exhibit "B" Legal Description Lots 1, 2 and 3, Pueblo Crossing, Filing No. 3, County of Pueblo, State of Colorado. B-1