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RESOLUTION NO. 14330
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-
OF-WAY GRANTED BY PUEBLO BANK AND TRUST
COMPANY, A STATE OF COLORADO CORPORATION,
FOR THE PURPOSE OF A WATER QUALITY FACILITY
WHEREAS,the owner of Lot 12, University Station 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 water quality facility to the City of Pueblo; and
WHEREAS, such easement is necessary for the purpose and use of the
stormwater quality facility; 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 12,
University Station 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 December 23, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
DEPUTY CITY CLERK
City Clerk’s Office Item # M-7
Background Paper for Proposed
Resolution
COUNCIL MEETING DATE: December 23, 2019
TO:
President Dennis E. Flores and Members of City Council
CC:
Nicholas A. Gradisar, Mayor
VIA:
Brenda Armijo, City Clerk
FROM:
Jeff Hawkins, Director of Stormwater
SUBJECT:
A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-OF-WAY
GRANTED BY PUEBLO BANK AND TRUST COMPANY, A STATE OF
COLORADO CORPORATION, FOR THE PURPOSE OF A WATER
QUALITY FACILITY
SUMMARY:
This Resolution accepts an easement and right-of-way on a portion of Lot 12, University
Station as recorded in the records of the Pueblo County Clerk and Recorder, County of
Pueblo, State of Colorado, for the purpose of allowing a water quality facility to be installed
and maintained.
PREVIOUS COUNCIL ACTION
:
None.
BACKGROUND
:
This parcel is being redeveloped and is required to have a water quality facility installed.
This easement will provide assurances the water quality facility will remain as required.
Maintenance of the water quality 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 water quality facility. The
City will only maintain the facility if the owner fails to do so and maintenance is necessary.
The City will then make efforts to recover the costs for maintenance.
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, detrimental 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 2164430
01/03/2020 03:14:29 PM
re: Resolution 14330
EASEMENT AND RIGHT OF WAY
(Facilities To Be Installed And Maintained By Grantor)
THIS EASEMENT, granted this 6t' day of December, 2019 , by
Pueblo Bank and Trust Company, 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 water quality, in,through,over, under and across Grantor's property situated in
Pueblo County, Colorado described in the attached Exhibits"A" and"B" (the "Property").
Grantor shall install a water quality 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
"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.
SIGNED this 6t' day of December, 2019.
GRANTO : •
, 11111W
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO)
The foregoing instrument was acknowledged before me this 6th day of
December, 2019 by Kim Bennett as President/CEO of Pueblo Bank and Trust Company
(PB&T Bank), a state of Colorado corporation.
Witness my hand and official seal.
My Commission Expires: I',L �
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Notary Public
SUE MAUCH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 19974021361
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