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HomeMy WebLinkAbout14629 RESOLUTION NO. 14629 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY KAISER FOUNDATION HEALTH PLAN OF COLORADO FOR THE PURPOSE OF A WATER QUALITY FACILITY WHEREAS, the owner of the Southwest Quarter of Section 14, Township 21 th South, Range 65 West of the 6 Principal Meridian, being part of Lot 9, Lakeshore Estates No. 2 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 the Southwest Quarter of Section 14, Lot 9, Lakeshore Estates No. 2 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-7 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 KAISER FOUNDATION HEALTH PLAN OF COLORADO FOR THE PURPOSE OF A WATER QUALITY FACILITY SUMMARY: This Resolution accepts an easement and right-of-way on a portion of the Southwest th Quarter of Section 14, Township 21 South, Range 65 West of the 6 Principal Meridian, being part of Lot 9, Lakeshore Estates No. 2 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 14629 reception 2240308 08/20/2021 03 44:06 PM EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this (0 day of ONLIWO-eir Kaiser Foundation Health Plan of Colorado, a Colorado Nonprofit Corporation, 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 drainage and access , 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 a detention pond and outlet structure (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 2240308 08/20/2021 03:45:42 PM Page 2 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 11i it l "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 LLO day of NoNien\ow GRANTOR: By: • COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this day of by Witness my hand and official seal. My Commission Expires: (SEAL) Notary Public 2 2240308 08/20/2021 03:45:42 PC1 Page: 3 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder.. Pueblo Courty. Co VIII kilidIVI rrli MTRi itiliiN I hi!"0.?1Wi iii!E'rikI' 111111 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 C..4„t.v. ..sat(i-4C.cwQ.vd2.sa 2.wt.ca {.T2.ca 4.vA t.At.sa•-4 ....4.(,44:- ..R4.,-:,...,.4.,-,..ca .saQT\_�2.iASC.v. t.ss2eiv.Rt2. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness, accuracy,or validity of that document. State of California ) County r V L of ALkm SPA ) ` . On O -�i 2-0 I ,C before me, ....VAIA) T % Ll G lel / D�IC��➢ `t-� JO 7 c- DateHere Insert Name and Title of the Officer personally appeared / VZ L LAJ O D —./ Name( of Signer* who proved to me on the basis of satisfactory evidence to be the persons) whose name() is/ar-e-- subscribed to the within instrument and acknowledged to me that he/she/tbey executed the same in his/her/their authorized capacity(ies), and that by his/hcr/their signature(,on the instrument the person, or the entity upon behalf of which the person*acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LYNN M. TILTO WITNESS my hand and official seal. ..;,/,1-,�� Commission #2109702 z 1 a -m Notary PubliL -California z z ,(..„,...14.07:: Alameda County v Signature 04.___-_,l_�i� j___ _ _ li Comm.E(pir_s May 26,2019 Signature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: Corporate Officer — Title(s): Cl Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑ Guardian or Conservator ❑Trustee ❑ Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2016 National Notary Association •www.NationalNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 EHRHART LAND SURVEYING EXHIBIT A Page 1 of 2 2240308 08/20/2021 03:45:42 PM December 28, 2017 Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert O'rltiz�IClerk/RecordLer, P.eb1oLCo4unty, Co ■II L 1110 1VII I��ICI*I�III II 11 II■(111�I IIIIff1 111 ,I II PROPERTY DESCRIPTION: A PARCEL OF LAND SITUATED IN THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, BEING PART OF LOT 9, LAKESHORE ESTATES NO. 2, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 9; THENCE S00°01'25"E ALONG THE EAST LINE OF SAID LOT 9 A DISTANCE OF 118.29 FEET; THENCE S89°58'35"W A DISTANCE OF 36.42 FEET; THENCE N63°50'00"W A DISTANCE OF 83.74 FEET; THENCE N00°15'01"E A DISTANCE OF 79.14 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 9; THENCE S89°37'21"E ALONG SAID NORTH LINE A DISTANCE OF 15.30 FEET; THENCE N88°36'28"E CONTINUING ALONG SAID NORTH LINE A DISTANCE OF 95.92 FEET TO THE POINT OF BEGINNING; CONTAINING 11,648 SQUARE FEET OR 0.267 ACRE, MORE OR LESS. flip• O REG/,.(,4, } 1 • 12/28/17 -7; `.1 ‘'• 94CC p 2r ` John P. Ehrhart, PLS 29414 N, S>• "•••..... q+` IL LAt'O / OFFICE:303-828-3340 • P.O. Box 930 • Erie, Colorado 80516 www.coloradols.com • john@coloradols.com EXHIBIT A • PAGE 2 OF 2411 -� POINT OF BEGINNING M 3:J a~oma NE CORNER OF LOT 9 .: S89.37'21"E LAKESHORE ESTATES NO. 2 am in is 15.30' .. ?" N8836'28"E mt.mf 95.92 / , QNMx Y / /// / /` / / / '..IhN Y CO In "11 /` / v rn_— 112 Imo/ // / �� nNia�� / /!, , / ! // /// ' 5 f / // / ,// 8 N63S0•�4 , /; , / // LOT 9 LAKESHORE S89'58'35"W ESTATES NO. 2 36'42' NORTH SCALE: 1" = 40' 0 20 80 EASEMENT E Hill-IAIIT SITUATED T21S IR65W OFN THE WTHE44 OF SEC. 14, 6TH P M. ,, SURVEYING PUEBLO COUNTY, COLORADO P.O. Box 930 • Erie, Colorado 80516 DATE: SCALE JOB NO.: DRAWN: CHECKED: (303) 828-3340 • www.coioradois.com 12/28/17 1"=40' S175214 JPE MMS