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Home My WebLink About14627 RESOLUTION NO. 14627 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY 4740 DILLON DRIVE LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY WHEREAS, the owner of a portion of Lot 1, Block 1, Fountain Park Commercial Center 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 a portion of Lot 1, Block 1, Fountain Park Commercial Center 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 authorized to perform any and all acts consistent with the intent of this Resolution and the agreement to implement the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED June 14, 2021 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: June 14, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Jeff Hawkins, Director of Stormwater SUBJECT: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT-OF-WAY GRANTED BY 4740 DILLON DRIVE LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY SUMMARY: This Resolution accepts an easement and right-of-way on a portion of Lot 1, Block 1, Fountain Park Commercial Center subdivision 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 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 re: Resolution 14627 reception 2240307 08/20/2021 03 44:06 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 9 day of September , 2018 , by 4740 Dillon Drive LLC , 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 ponds(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 2240307 08/20/2021 03:44:06 PM Page° 2 of 5 R 33.00 D 0.00 T 33 00 Gilbert Ortiz ClerkfRecorder, Pueblo County, Co ISI!PaRlr lA,.fitr:l "4;10:F5L Nib VAllI1A111111 "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 9 day of September 2018 . GRANTOR: , /I By: Name: Dr. Malik Hasan Its: President COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this 9 day of September , 2018 by Mai k Sa-n as the (manager or member) of 4740 Dillon Drive LLC a Colorado limited liability company. Witness my hand and official seal. My commission expires:`7 i (SEAL) _ :L,4U1 (_. NUtWO,..A Notary Public DENISE MILLER ( Notary Public - State of Colorado Notary ID 20164016692 My Commission Expires May 3, 2020 2 2240307 08/20/2021 03'44.06 PM Page' 3 of 5 R 33.00 II 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder, Pueblo Count?, Co Exhibit IIA" liii WIr 4 W RRIM Ill'AV w li',VA,'1i,liittiil II ill EDWARD-JAMES 8U`RVEYILND, INC. June 6, 2017 Job NO: 1443.00 Page 1 of 3 LEGAL DESCRIPTION DETENTION EASEMENT#1 A PORTION OF LOT 1, BLOCK 1, FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION, 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 LOT 1, BLOCK 1 OF FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION AND IS ASSUMED TO BEAR NO2°27'27"W A DISTANCE OF 583.05 FEET. COMENCING AT THE NORTHEAST CORNER OF LOT 1, BLOCK 1 FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION; THENCE, S88°33'49"W A DISTANCE OF 12.64 FEET TO THE POINT OF BEGINNING; THENCE S1°16'33"E A DISTANCE OF 118.45 FEET; THENCE N89°29'25"W A DISTANCE OF 5.54 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 48.00 FEET, A CENTRAL ANGLE OF 88°54'36"A DISTANCE OF 74.49 FEET; THENCE N88°00'36"W A DISTANCE OF 223.58; THENCE Ni°26'20"W A DISTANCE OF 56.90 FEET TO A POINT INTERSECTING WITH THE NORTH PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID NORTH PROPERTY LINE N88°33'49"E A DISTANCE OF 276.13 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.429 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. 4‘..... .,.., it,,_,-, „, , ,z. ..I •:-..4 • . ',. --- -:"VAL LAMS 10- RANDEL R. NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81008 PHONE: (71 91 576.1 216 PHONE: (719/ 545-6240 FAX: (7191576-1206 FAx: (7191545-6247 /lltp.. 'c.;/I1' 'vuig.: :nl 2240307 08/20/2021 03:44:06 PM Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co Exhibit "AII 111 Fr01 k 1141:10,11iiik 141111 EDWARD-JAMES SURVEYING, INC. June 6, 2017 Job No". 1443.00 Page 2 of 3 , LEGAL DESCRIPTION DETENTION EASEMENT#2 A PORTION OF LOT 1, BLOCK 1, FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION, 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 LOT 1, BLOCK 1 OF FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION AND IS ASSUMED TO BEAR NO2°27'27"W A DISTANCE OF 583.05 FEET. COMENCING AT THE SOUTHWEST CORNER OF LOT 1, BLOCK 1 FOUNTAIN PARK COMMERCIAL CENTER SUBDIVISION SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE N2°27'27"W A DISTANCE OF 160.03 FEET; THENCE N88°17'35"E A DISTANCE OF 129.55 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 89.25 FEET, A CENTRAL ANGLE OF 71°05'38"AND DISTANCE OF 110.74 FEET; THENCE N88°28'02"E A DISTANCE OF 236.64 FEET; THENCE S0'38'01"E A DISTANCE OF 59.61 FEET TO A POINT INTERSECTING WITH THE SOUTH PROPERTY LINE OF SAID LOT 1; THENCE ALONG SAID SOUTH PROPERTY LINE S87°32'33"W A DISTANCE OF 406.14 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 0.886 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. ,,,,,,,,,,,,,, 101000 LIQ • ,. `3t i% LS • V •j SAL LA ,,�►' RANDEL R. NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIDGE CIRCLE COLORADO SPRINGS. CO 80907 PUEBLO. CO 81008 PHONE: (71 9) 576-1 216 PHONE: (719) 545-6240 FAX: r719) 576-1206 FAX: (71 9) 545-6247 2240307 05/2012021 03:44:06 PCI Page: 5 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder. PL.eblo County. Co Exhibit"A" 1111 kir1Rll101.1110,1 1hf,`w1a4il+4I14 11 1141ilil,tilIllil 11111 DETENTION EASEMENTS '� P 0 C DETENTION EASEMENT#2 NE PROPERTY CORNER P.0 B DETENTION N88°33'49'6 EASEMENT#2 276.13' ! DETENTION EASEMENT#1 s88`33'49"W S1°16'33"E 1 18,666 SF 12.64 118.45' 0.429 AC N1°26'20"W I I 56.90' —— --- N88°00'36"W d 22.3.58' =88°54'36" R=48.00' II L=74.49' N89°29'25"W 5.54' 1 1 I W 0 Z Q 2 LOT 1 q m 3 244,130 SF z o 5.604 AC C1� <2 a z 1 N88°17'35"E 129.55' I —— —— d=71°05'38" R=89.25' L=110.74' 1 N2°27'27"W \ N88°28'02"F, 160.03' 236.64' I _- — — — -- S0°38'01"E 59.61' DETENTION EASEMENT#2 38,583 SF 0.886 AC 1 P.O.B.DETENTION EASEMENT#2 406.14' SW PROPERTY CORNER S87°32'33"W -\-- ___________ __ I:AGLERIDGE VD EDWARD-JAMES SURVEYING, INC. 92€Elkton Or 4732 Eaglendge t nqe THIS DRAWING DOES NOT REPRESENT A Colorado Springs,00 80907 P o blo,CO 81008 MONUMENTED LAND SURVEY AND IS ONLY mei s26 121€ (719)545 5240 INTENDED TO DEPICT THE LEGAL DESCRIPTION. Cimisil 06-07-17 JOB NO 1443-00 SHEET 3 OF 3