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Home My WebLink About14628 RESOLUTION NO. 14628 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY ALAN BICKEL FOR THE PURPOSE OF A WATER QUALITY FACILITY th WHEREAS, the owner of Lot 1 of Block 1, of College Road Subdivision 4 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 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 1 of Block 1, of College Road Subdivision 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-6 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 ALAN BICKEL FOR THE PURPOSE OF A WATER QUALITY FACILITY SUMMARY: This Resolution accepts an easement and right-of-way on a portion of Lot 1 of Block 1, of th College Road Subdivision 4 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 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 14628 Reception 2243822 09/15/2021 02:26:59 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) , J, THS E S MENT, granted this (1- 4 -day of Deceint(der ,;( , by 1, tact ' , 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 supcessors and assigns, an easement and right of way for the purpose of 1jyffl [Aj 1J y , 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 arj)tx.e ' l I w/ Ro ( n(1/iii in the Property in accordance with plans and specifications theref reved 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 Y - day of 2Z)(c GRANTOR: By: COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this ' day of 6.e/ , k by 4-/e.-e, "R,clam/ Witness my hand and official seal. My Commission Expires: g/3 I (SEAL) Notary Public I. KAREN M.HOOPES NOARY PUBLIC STATE TOF COLORADO NOTARY ID 20124057134 My Commission Expires 08-31-2020 2243822 09/15/2021 02:26:59 PM Page: 2 of 4 R 28.00 D 0.00 1 28.00 Gilbert Ortiz Clerk/Recorder Pueblo County. Co ■III 11r r�'IC�K'��I��till��llr��N i��if��'�MMr'ti�La��R ,�,i�',�� tl 111 2 2243822 09/15/2021 02:26:59 PM Page: 30 of 4 R 28.00 0 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder , Pueblo County. Co ■III�I�� Y I �I�IKI��'h��u�� l��l� 1'1,0114 11 111 LOT 1 OF BLOCK 1 w > I EE S89'00'00"W I , 25.00' 0z � I S1'00'00"E 39.13' N1'00'00"W 40.00' '.0.B. L=12.33', R=88.00' N89'01'18"E A=8'01'42" 12.71' CRANERIDGE DRIVE Drawn By: REL EXHIBIT 'A- DRAINAGE IIIHHOiniiii11111iui ' M "� ' DRA/NAGE EASEMENT CML k GEONATICS ENGINEERS Checked By:REL LOT 1, BLOCK 1 517 WEST 5TH STREET. STE 102 PUEBLO.COLORADO 81003 Date:09APRIL2018 LEVERINGTON 719.5435300 — 71D.543.5301(FAX) Scale: 1 „—.3n, COLLEGE ROAD '"""'"°"rg1or1astoeia1'°'"1 SUED/VS/ON, 4TH FILING &ASSOCIATE S I Engineers m surveyors PUEBLO, COLORADO 2243822 09/15/2021 02:26:59 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Cc 11111Wit N'd4lffI '4ii:I f��' hilt 11111 18020 REL April 9, 2018 LEGAL DESCRIPTION A drainage easement situated on Lot 1 of Block 1, as shown on that certain plat of College Road Subdivision 4t" Filing in the City of Pueblo, Pueblo County, State of Colorado, said plat having been recorded on August 18, 2009 with the Pueblo County Clerk & Recorder at Reception Number 1815686 and more particularly described as follows: Beginning at the southeast corner of said Lot 1; thence along the east line of said Lot 1, North 01° 00' 00" West a distance of 40.00 feet; thence leaving said east line of Lot 1 at a right angle, South 89° 00' 00" West a distance of 25.00 feet; thence at a right angle, South 01° 00' 00" East a distance of 39.13 feet to the southerly line of said Lot 1; thence 12.33 feet along the arc of a non-tangent curve, having a radius point that bears North 07° 03' 00" East a distance of 88.00 feet and subtending an internal angle of 08° 01' 42"; thence continuing along said southerly line of Lot 1, North 89° 01' 18" East to the Point of Beginning; Said drainage easement containing 0.0229 acres, more or less. FOR AND ON BEHALF OF LEVERINGTON & ASSOCIATES, INC. i , 37953at Gam,y*: Robert E. ngton, Jr. Colorado Professional Land Surveyor