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Home My WebLink About14056 RESOLUTION NO. 14056 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY GRANTED BY PARKVIEW MEDICAL CENTER, INC. A COLORADO PRIVATE, NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY WHEREAS,the owner of Lot 1, Parkview South Annex 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, Parkview South Annex 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-6 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 PARKVIEW MEDICAL CENTER, INC. A COLORADO PRIVATE, NON-PROFIT ORGANIZATION, FOR THE PURPOSE OF A STORMWATER DETENTION FACILITY SUMMARY: This Resolution accepts an easement and right of way on a portion of Lot 1, Parkview South Annex 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  Statement of Authority re: Resolution 14056 Reception 2120637 10/22/2018 02:33:43 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT,granted this ZZ"' day of F t.14a,,/ , Zo 1 , by Parkview Medical Center, Inc. a Colorado Private,Non-profit Organization, 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, 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 Detention pond 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. "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. Page: 1 of 5 R 33.00 0 0.00 T 33.00 DPW 110 Gilbert Ortiz Clerk/Recorder Pueblo County Co 12/03/98 VIII M F.? 17 1514:Ifi Lf+ti LFSO 1JF WI 11111 SIGNED this 22 day of Ff ry , . GRANTOR: Parkview Medical Center, Inc. a Colorado Private,Non-profit Organization By: "711 Michael T. Baxter,President/ COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO) The foregoing instrument was acknowledged before me this z2-ad day of Febru_ary , 2D 1 8 by 1''"1I'c-haQ( T. Bay-1- 1- Witness 3ay--(- -Witness my hand and official seal. My Commission Expires: 5169/f B (SEAL) of:-1r2_ epoh. ILMI Notary Public JEANNE EI3ARMAN NOTARY PUBLIC • STATE OF COLORADO NOTARY ID:19904006032 MY COMMISSION EXPIRES MAY 06, 2018 2120637 10/22/2018 02:33.43 PM Page: 2 of 5 R 33.00 0 0.00 T 33.00 Gilbert Ortiz 'llerk/Recorder. Pueblo County Co ■III��«��I��ti 149F:A II III 2 EXHIBIT A DETENTION EASEMENT LAND DESCRIPTION An easement for detention purposes located in a portion of the northeast one-quarter of the southeast one-quarter of Section 25, Township 20 South, Range 65 West of the 6th Principal Meridian and being more particularly described as follows: Considering the north line of Lot 1 in Parkview South Annex according to the recorded plat thereof filed for record on March 7, 2018 at Reception No. 2098733 in the office of the Pueblo County Clerk and Recorder to bear N. 88°33'24" E. monumented with No. 4 rebar with Plastic Caps PLS No. 38485 at both ends, and all bearings contained herein being relative thereto. Beginning at the northeast corner of said Lot 1 of Parkview South Annex thence S. 01°24'55" E. along the east line of said Lot 1, a distance of 47.09 feet; thence S. 88°35'05" W., a distance of 14.45 feet; thence N. 01°26'12" W., a distance of 32.68 feet; thence S. 88°33'24" W., a distance of 4.67 feet; thence N. 01°26'12" W., a distance of 14.40 feet to a point on the north line of the aforementioned Lot 1; thence N. 88°33'24" E. along said north line, a distance of 19.13 feet to the Point of Beginning. Containing 0.017 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. ,ori' Ie.cc , v'` 4$5 �s X W j e � � � 2 2120637 10/22/2018 02:33.43 PM S• J '�J i Page: 3 of 5 R 33.00 D 0.00 T 33.00 ' �\ a. LA• .. Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 111111 Michael L. Cuppy Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. March 22, 2017 JN 16 024 02 Page 1 of 2 • / 'XIPllllllT A LEGEND P.O.B.. POINT OF BEGINNING Q FOUND #4 REBAR WITH PLASTIC CAP SCALE: 1" = 60' (L.S. 38485) 0 30' 60' 120' BASIS OF BEARINGS: NORTH LINE OF LOT 1 IN PARKI/1EW SOUTH ANNEX ..r-0 .r-- �� BEARS N88'33'24"E. I I I rill I t ,Y� "1-1_01.-1 TT 1 1 ll�rl '_i s_,t...if'r , r .s�_„ r 1 1 1%$ ,-7 _\, I ;.7 .7'. _ _ MONUMENT UNE— — _- — — — , ,2 sots N8833'24 E I , r, , ,�I.L- i 19.13' 80' R,U,k,;? `� I •-••••N88'33'24"E BASIS OF BEARINGS 263.95'•••... P.O.B. DRAINAGE N0126'12"W EASEMENT ;.I 14.40' 1 I so' S88'33'24"W SO 4 c4 55 E I I a 4.67' I k- NO126'12"W LOT '' ' I I .0--" 32.68' L.OT 7 ( c I I cl'- i /'7 S88 35'05"W __' ' ' J. 14.45' Ci ;l!X3 �1' D: I-% A I-♦ I / I I' T I-- 1 I % l-7 I I -I-I I I I c: i; • 3 .c.:1: i /i—iiN� K viii— la/ —il /1 s i i 1 I ' r „' '4%\l‘%' rw'‘'• F';' I 1, r� ,f�` Y,I, ;z. I ' �.; A e` I; I I-- i I--,ALLEY eV,,,`�4^i'' I I ii ViVI.... /X I- -1 %, t •:�= =I r,`r% rl ; I I w OT I LOT I LOT I I I I L1415 16 I I I 2120637 10/22/2018 02:33:43 PM I I Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder Pueblo County Co 30• lIII W!li1l ifil lkiliffi ll45'«4'4 J, 5+,'.N�i6F:IiiiiA 11I II I p 1 R I 13 i-ti --- -T E $ (80' R.1:160 I P I MONUMENT UNE — — — — — /� r — — R B NOTE: D THIS EXHIBIT WAS NOT PREPARED AS A MONUMENTED LAND SURVEY, AND WAS ONLY B PREPARED TO DEPICT THE ATTACHED LAND In NORTHSTAR ENGINEERING AND SURVEYING, INC. DESCRIPTION. JN 16 024 02 PAGE 2 OF 2 2120637 10/22/2018 02:33:43 PM PMee ge: 5 5 R 33. D 0.00 11 33.00 ilbert Ortofiz Clerk/Recor00der. Pueblo County; Co ito .rl�'��i�`''�VI,1+IV M,M'«'��M��'�K'��J LI 'a I11 II 1 STATEMENT OF AUTHORITY 1. This Statement of Authority relates to an entity named Parkview Medical Center, Inc. 2. The type of entity is a non-profit corporation. 3. The entity is formed under the laws of the State of Colorado. 4. The mailing address for the entity is 400 W. 16th Street, Pueblo, Colorado 81003. 5. The name of the person authorized to execute instruments conveying, encumbering or otherwise affecting title to real property on behalf of the entity is: Michael T. Baxter, CEO, whose authority is unlimited. 6. This Statement of Authority is given pursuant to C.R.S. §38-30-172. 7. This Statement of Authority amends and supersedes in all respects any prior Statement of Authority executed on behalf of the entity. PARK IEW MEDIC• CE► T R, INC. I By hA1i/LI1AIL4IA La ra Kelly, Secretary STATE OF COLORADO ) )ss. COUNTY OF PUEBLO ) AveilvOn August 1 S , 2018, before me, L��Lfr , a Notary Public in and for said state personally appeared Laura Kelly, personally know;{ to me to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same as her signature on the instrument as the person with authority to execute same on behalf of said entity. Witness my hand and official seal. li/V RETEENotary Public 0