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HomeMy WebLinkAbout14703 RESOLUTION NO. 14703 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY EAGLERIDGE APARTMETNS, LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY WHEREAS, the owner of portion of Lots 1 & 2, The Landings at Eagleridge, A Special Area Plan, amended, as recorded in the records of the Pueblo County Clerk and Recorder under reception number 1693002, and a portion of Lot 3, Block 1, The Landings at Eagleridge, A Special Area Plan as recorded in the records of The Pueblo County Clerk and Recorder under reception number 1376102 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 portion of Lots 1 & 2, The Landings at Eagleridge, A Special Area Plan, amended, as recorded in the records of the Pueblo County Clerk and Recorder under reception number 1693002, and a portion of Lot 3, Block 1, The Landings at Eagleridge, A Special Area Plan as recorded in the records of The Pueblo County Clerk and Recorder under reception number 1376102 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 September 13, 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: September 13, 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 EAGLERIDGE APARTMENTS LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY SUMMARY: This Resolution accepts an easement and right-of-way on a portion of Lots 1 & 2, The Landings at Eagleridge, A Special Area Plan, amended, as recorded in the records of the Pueblo County Clerk and Recorder under reception number 1693002, and a portion of Lot 3, Block 1, The Landings at Eagleridge, A Special Area Plan as recorded in the records of The Pueblo County Clerk and Recorder under reception number 1376102 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 and water quality 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. Water quality is required per the City of Pueblo’s MS4 Permit which is regulated by CDPHE water quality division. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right-of-Way agreement Legal Description with drawing exhibit Reception 2243823 09/15/2021 02.29.08 PM EASEMENT (Facilities To Be installed And Maintained By Grantor) THIS EASEMENT, granted this 13 day of t orvFr , 20 L-) , by rkr r LI-C, Grantor, to Pueblo, a Municipal Corporation, Gfantee: 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 casement and right of way more particularly described in the attached Exhibit "A" (easement diagram) and Exhibit "B" (easement legal description) for the purpose of stonnwater drainage and detention, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, and described a follows: I-or-s i, 2- c.n.k .PT ti} \p,r;rl e.,r, sr,6,1 mu\ op, M rndta, Ns rttorclecl ; }I t rtrorrk , Tia Pvt6lo (OA Cly.k anal f(.cor er , S4-4of Iolorr.do und(r racer*.n., N,1O i 161300 (the "Property") Grantor shall install storm water drainage and appurtenant facilities (the "Facilities") upon the Property in accordance with plans and specifications therefor 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 (hut not the obligation) to inspect the Facilities. If, upon inspection, it is determined in the sole and absolute discretion of the Grantee that the Facilities, including stormwater best management practices, have not been adequately implemented or maintained in operational condition by Grantor, Grantee shall have the right at its option (but not the obligation)to maintain,repair and/or 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 right and 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 (b) will defend Grantee's quiet and peaceful possession of the Property and easement against all persons who may lawfully claim title to the Property. "Grantee"shall include the plural and the feminine. This Easement shall run with the land, be binding upon, and inure to the benefit of the heirs, personal representatives, successors and assigns of the Grantor and.Grantee. th SIGNED this i 3 day of ✓ ,r- LO 2-1 GRANTOR: CA 12-30-08 2243823 09/15/2021 02:2.9:08 PM Page: 2 of 8 R 48.00 D 0.00 11 48.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co 111111 By. �y�►.., , fl ed tv,xn COUNTY OF LO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me this I '3 '` day of / re�Cth+s.r , �? I by Cc+2g qtr dA„¢,A, c+� L 4 /tUfww4C %C Witness my hand and official seal. My Commission Expires: J Oto (SEAL) Notary Public JACOB ADAM RHYNE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184026935 MY COMMISSION EXPIRES JUNE 28,2022 CA 12-30-08 2243823 09/15/2021 02:29'08 PM 08 T 48.00 3 of 8 R 48.000+0 1 1II n Page: Gilbert Ortiz ��I1��,If7�IIr . Pueblo I I Exhibit A A-1 2243823 09/15/22g1082:29 08 P D 0.00: Tr148.00 Co Page. 4 of. 8C leRrk/Recorder. 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September 16, 2020 Job No. 2137-00 LEGAL DESCRIPTION EASEMENT AREA A A PORTION OF LOTS 1 &2,THE LANDINGS AT EAGLERIDGE,A SPECIAL AREA PLAN,AMENDED,AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER UNDER RECEPTION NUMBER 1693002,AND A PORTION OF LOT 3, BLOCK 1, THE LANDINGS AT EAGLERIDGE,A SPECIAL AREA PLAN AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER UNDER RECEPTION NUMBER 1376102 COUNTY OF PUEBLO, STATE OF COLORADO,AND BEING DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE WEST LINE OF LOT 1, THE LANDINGS AT EAGLERIDGE,A SPECIAL AREA PLAN,AMENDED, MONUMENTED AT BOTH ENDS WITH A NO.4 REBAR WITH A WITH A YELLOW PLASTIC CAP"PLS 16128"AND IS ASSUMED TO BEAR NO2°29'27"E A DISTANCE OF 379.34 FEET. COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1 FROM WHICH THE SOUTHWEST CORNER OF SAID LOT 1 BEARS S02°29'27"W A DISTANCE OF 379.34 FEET; THENCE S64°23'06"E A DISTANCE OF 258.47 FEET TO THE POINT OF BEGINNING;THENCE N30°22'36"E A DISTANCE OF 113.51 FEET; THENCE N60°27'30"W A DISTANCE OF 263.36 FEET; THENCE N23°48'42"E A DISTANCE OF 281.13 FEET; THENCE N40°13'39"E A DISTANCE OF 118.43 FEET; THENCE N49°27'25"E A DISTANCE OF 89.45 FEET; THENCE N31°10'44"W A DISTANCE OF 222.74 FEET; THENCE N58°49'16"E A DISTANCE OF 10.00 FEET; THENCE S31°10'44"E A DISTANCE OF 221.09 FEET;THENCE N49°27'25"E A DISTANCE OF 22.29 FEET;THENCE N65°52'44"E A DISTANCE OF 180.37 FEET; THENCE S88°54'40"E A DISTANCE OF 83.69 FEET; THENCE S81°15'51"E A DISTANCE OF 98.99 FEET; THENCE S37°57'27"E A DISTANCE OF 31.14 FEET; THENCE S74°37'56"E A DISTANCE OF 190.93 FEET; THENCE S52°05'42"E A DISTANCE OF 17.47 FEET; THENCE S78°25'15"E A DISTANCE OF 155.09 FEET TO A POINT ON THE WEST RIGHT-OF- WAY LINE OF BUCHANAN DRIVE; THENCE ALONG SAID RIGH-OF-WAY LINE S01°01'12"E A DISTANCE OF 10.25 FEET TO A POINT ON SAID RIGHT-OF-WAY; THENCE N78°25'15"W A DISTANCE OF 159.67 FEET; THENCE N52°05'42"W A DISTANCE OF 17.81 FEET; THENCE N74°37'56"W A DISTANCE OF 192.25 FEET; THENCE N37°57'27"W A DISTANCE OF 30.48 FEET; THENCE N81°15'51"W A DISTANCE OF 94.35 FEET; THENCE N88°54'40"W A DISTANCE OF 80.79 FEET; THENCE S65°52'44"W A DISTANCE OF 176.69 FEET; THENCE S49°27'25"W A DISTANCE OF 119.62 FEET;THENCE S40°13'39"W A DISTANCE OF 116.18 FEET; THENCE S23°48'42"W A DISTANCE OF 270.64 FEET; THENCE S60°27'30"E A DISTANCE OF 253.94 FEET; THENCE N24°37'05"E A DISTANCE OF 83.35 FEET; THENCE N26°19'18"E A DISTANCE OF 183.42 FEET; THENCE N36°11'58"E A DISTANCE OF 47.88 FEET; THENCE N50°16'11"E A DISTANCE OF 49.02 FEET; THENCE S42°50'35"E A DISTANCE OF 61.25 FEET; THENCE N52°48'11"E A DISTANCE OF 79.73 FEET; THENCE S60°25'14"E A DISTANCE OF 16.74 FEET; THENCE S40°52'16"E A DISTANCE OF 51.14 FEET; THENCE S30°22'24"E A DISTANCE OF 49.68 FEET TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF EAGLERIDGE CIRCLE; THENCE ALONG SAID RIGHT-OF- WAY ON THE ARC OF A CURVE TO THE LEFT, HAVING A RADIUS OF 290.00 FEET,A CENTRAL ANGLE OF 01°58'41",WITH AN ARC LENGTH OF 10.01 FEET, WHOSE CHORD BEARS S56°58'46"W WITH A DISTANCE OF 10.01 FEET TOA POINT ON SAID RIGHT-OF-WAY;THENCE 30°22'24"W A DISTANCE OF 49.22 FEET; THENCE N40°52'16"W A DISTANCE OF 48.50 FEET; THENCE N60°25'14"W A DISTANCE OF 8.42 FEET; THENCE S52°48'11"W A DISTANCE OF 82.19 FEET; THENCE N42°50'35"W A DISTANCE OF 60.84 FEET;THENCE S50°16'11"W A DISTANCE OF 38.32 FEET; THENCE S36°11'58"W A DISTANCE OF 45.78 FEET; THENCE S26°19'18"W A DISTANCE OF 182.41 FEET;THENCE S24°37'05"W A DISTANCE OF 88.90 FEET; THENCE S30°22'36"W A DISTANCE OF 117.48 FEET; THENCE S15°01'36"W A DISTANCE OF 62.08 FEET; THENCE S06°34'16"W A DISTANCE OF 43.69 FEET;THENCE N83°25'44"W A DISTANCE OF 10.00 FEET; 926' ELKTON DRIVE 4732 EAGLERICGE CIRCLE COLORADO SPRINGS, CO 80907 PUEBLO, CO 81008 PHONE: (719) 576-1216 PHONE: (719) 545-6240 FAX: (719) 576-1206 FAx: (719) 545-6247 http://ejsurceying.com 2243823 09/15/2021 02:29:08 PM Page: 7 of 8 R 48.00 D 0.00 448.00 hart Ortiz ClerklRecorder Pueblo Count r Co _Cr) 1111 11welbI ALII*All 1 Y,fi�lY�1�I�O��l111�1 Ci III EDWARD•JAMES 8URVEYIN©y INC. September 16, 2020 Job No. 2137-00 THENCE N06°3416"E A DISTANCE OF 44.43 FEET; THENCE N15°01'36"E A DISTANCE OF 64.16 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 25,905 SO FT. OR 0.595 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. `�(e°� :).73.11:4; +�IFII� ' y*,•.,,*`'� h t 23 to 1,"• . e ti4 LOA *rrf�,rr,I E� RANDEL R.NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTCN DRIVE 4732 E*GLERIDOE CIRCLE 00LortA,D0 SPRINGS, C0 8.0907 PUEBLO, CO 1310013 FHEINE: (7191576-1216 PHONE: (719) 545-6240 FAx (919: 578-1206 FAX: (719) 5545-6247 Nevi/e jstlrt•evtng.eonl 2243823 09/15/2021 02:29'08 PM Mert8Orrtfiz8C1 a k4/ c0crr ciDer0 Pu0eblo Cou0n0t . Cu VIII���1�ilkrltlshIain �ii��Ni�:PAti 0y 411 ',i1Y), 11111 EDWARD..JAME9 SURVEYING, INC. September 16, 2020 Job No. 2137-00 LEGAL DESCRIPTION EASEMENT AREA B A PORTION OF LOT OF LOT 3, BLOCK 1,THE LANDINGS AT EAGLERIDGE,A SPECIAL AREA PLAN AS RECORDED IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER UNDER RECEPTION NUMBER 1376102 COUNTY OF PUEBLO, STATE OF COLORADO,AND BEING DESCRIBED AS FOLLOWS' BASIS OF BEARINGS: THE NORTHEAST LINE OF LOT 3, THE LANDINGS AT EAGLERIDGE,A SPECIAL AREA PLAN, MONUMENTED AT BOTH ENDS WITH A NO.4 REBAR WITH A WITH A YELLOW PLASTIC CAP "PLS 16128"AND IS ASSUMED TO BEAR S06°14'52"E A DISTANCE OF 168.55 FEET. COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3 FROM WHICH THE ANGLE POINT ON THE EASTERLY BOUNDARY LINE OF SAID LOT 3 BEARS S06°14'52"W A DISTANCE OF 168.55 FEET;THENCE S06°14'52"E A DISTANCE OF 43.05 FEET TO THE POINT OF BEGINNING; THENCE ALONG THE WESTERLY RIGHT-OF-WAY LINE OF BUCHANAN DRIVE S06°14'52"E A DISTANCE OF 10.03 FEET TO A POINT ON THE SAID RIGHT-OF-WAY LINE; THENCE S8819'34"W A DISTANCE OF 82.18 FEET;THENCE N76°31'12"W A DISTANCE OF 57.36 FEET; THENCE N83°43107"W A DISTANCE OF 129.70 FEET; THENCE N06°16'53"E A DISTANCE OF 10.00 FEET, THENCE S83°43"07"E A DISTANCE OF 130.33 FEET;THENCE S76°31'12"E A DISTANCE OF 56.66 FEET; THENCE N88°19'34"E A DISTANCE OF 80.05 FEET TO THE POINT OF BEGINNING. CONTAINING A CALCULATED AREA OF 2,681 SQ FT, OR 0.062 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. 6I4" •'.0E1' `'' tytet 0. -•f,1„'�VAL 1.A 46 %"' RANDEL RANDEL R. NELSON, PROFESSIONAL LAND SURVEYOR COLORADO PLS NO. 38303 FOR AND ON BEHALF OF EDWARD-JAMES SURVEYING, INC. 926 ELKTON DRIVE 4732 EAGLERIOOE CIRCLE Cc .C]RADO SPRINGS, CO E1C3907 PUEBLO, CD 81009 PHONE: 1719) 576.1216 PHONE: (719) 545-6240 FAX; (719) 576.1206 FAX (719) 545-6247 luip://"jslar1Tvrrag.corn