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Home My WebLink About14331 RESOLUTION NO. 14331 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY PAWEL BIELECKI, FOR THE PURPOSE OF A DETENTION AND WATER QUALITY POND th WHEREAS,the owner of Lot 2, Block 54, Highland Park 19 Filing 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 pond 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 2, Block th 54, Highland Park 19 Filing 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-8 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 PAWEL BIELECKI, FOR THE PURPOSE OF A DETENTION AND WATER QUALITY POND SUMMARY: This Resolution accepts an easement and right-of-way on a portion of Lot 2, Block 54, th Highland Park 19 Filing 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 pond 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 assurance that the detention/water quality pond will remain in place, as required. Maintenance of the detention pond 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 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, 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 re: Resolution 14331 2165499 01/14/2020 02:19:50 PM Page: 1 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co iIII KirareIhill 41%I0111+1Ililt*fW�'!441 � � III II EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 18th day of May , 2018 , by Pawel Bielecki , 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 , 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" (legal description of the property). Grantor shall install this 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 2165499 01/14/2020 02:19:50 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz ClerklRecorder; Pueblo County, Co 1111 IN raINT t44TI h 1kit 111111 "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 ;r' `f day of 444 7 , GRANXOR: By: V c, 4;.-- COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this I4f" day of t<rin� , 01 o tS by -Pa,)•Q 16i It Gni • Witness my hand and official seal. My Commission Expires: 3/q P't (SEAL) Notary ' •lic MOLLY IMaRY NOTARY l'vi;uC STAID OF COLORADO NOTARY eC 20174610944 DPW 110 2 12/03/98 . 2165499 01/14/2020 02:19:50 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co lIII/11PJI+ Ihriglielt 'NL NA il3iCIECIVI 4Iiii 11111 EXHIBIT "A" An easement located within a portion of Lot 2, Block 54, Highland Park Nineteenth Filing, according to the recorded plat thereof, filed for record April 21, 1964, in Book 1543 at Pages 144-145 in the records of the Pueblo County Clerk and Recorder, being within a portion of the SW 1/4 of the NW 1/4 of Section 15, Township 21 South, Range 65 West of the Principal Meridian, being more particularly described as follows: An easement for the purpose of Storm Water Detention Right-of-Way being more particularly described as follows: BEGINNING at the NE corner of said Lot 2, thence S 00°35'00"E, (bearings based on the recorded plat of Highland Park Nineteenth Filing, filed for record April 21, 1964, in Book 1543 at Pages 144-145 in the records of the Pueblo County Clerk and Recorder,) along the east line of said Lot 2, a distance of 17.14 feet; thence S 88°42'00"W and parallel with the north line of said Lot 2, a distance of 25.68 feet; thence N 49°54'20"W, a distance of 25.91 feet to a point on the said north line of Lot 2; thence N 88°42'00"E, along said north line of Lot 2, a distance of 45.33 feet to the POINT OF BEGINNING. Said easement contains 608 sq. ft., more or less. See attached Exhibit "B". ,�/ -‘,.,. --- /Viiy/&, Z2/es' RAND G. REEVES DATE PROFESSIONAL LAND SURVEYOR NO. 22101 at CJ ,�O •FFG• cn• �• -o. 22101 :o o'. S--l6- 18:.w . s/'NAI LA�05 x,/,,,,,,1,,1'-',,1 EXHIBIT "B" LOT 2, BLOCK 54, HIGHLAND PARK NINETEENTH FILING, LOCATED WITHIN A PORTION OF THE SW 1/4 OF THE NW 1/4 OF SECTION 15, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDIAN. CITY OF PUEBLO, COUNTY OF PUEBLO, STATE OF COLORADO. PUEBLO BOULEVARD (100'WIDE RIGHT-OF-WAY) PLATTED AS HOFFMAN AVENUE r N 88°42'00" E 80.00 r NORTH LINE LOT 2 — 45.33' -� /� <� POINT OF BEGINNING 10'WIDE UTILITY EASEMENT ti ( / vy° NE CORNER LOT 2 CO .• `;r STORMWATER DETENTION G.o& .– 1 RIGHT-OF-WAY EASEMENT co NvftS fa 2s97' _ O.~a S 88–°4-2/W oma' ! -—T a •o na STORM WATER DETENTION G)0 o RIGHT-OF-WAY EASEMENT G 0 f (CONTAINS 608±SO.FT.) N c0 Cr ti NNx .7fYv� a a .r N m tr'- cr, °L o O - 0 H N fl ca. M ( r N La Q J 0 00 0 2 z in M BLOCK 54 w 0 0 HIGHLAND PARK 6 0 0 NINETEENTH FILING u) Z (RECORDED APRIL 21,1964) BOOK 1543,PAGES 144-145 N 25'WIDE BUILDING SETBACK LINE _ _______ w (; \\ E 11) N \/I N \ :01 5 S 88°42'00"W 80.00' SCALE I" = 20' TAYLOR LANE (60'WIDE RIGHT-OF-WAY) (.....- (--- L-2,PROJECT: DK HORN ENGINEERING �NDESCRIPTION:EASEMENT EXHIBIT"E" CardinaI Points W I' E 8-54,HIGHLAND PARK NINETEENTH SLING -'�' SHEET: I OF I JOS NUMBER: 2018-203 /; Surveying Inc. �,; \ DATE: 5-16-2018 RLP NAME:2018-203 EASE FXB "'� \ 4201 6glendge Place,Suite 10 SCALE: I"= 20' REF.JOB NO. : 1719)253-0874 - p I S1 253-0878 fax Pueblo,Colorado 81008 5