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Home My WebLink About14704RESOLUTION NO. 14704 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT- OF-WAY GRANTED BY BLACK HILLS COLORADO ELECTRIC, LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY WHEREAS, the owner of the portion of Lot 2, of Summit View Business Park, in the County of Pueblo, State of Colorado, according to the recorded plat thereof, as filed for record December 12, 2018 at Reception No. 2125477 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 Lot 2, of Summit View Business Park, in the County of Pueblo, State of Colorado, according to the recorded plat thereof, as filed for record December 12, 2018 at Reception No. 2125477 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 this Resolution to implement the policies and procedures described herein. 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-8 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 BLACK HILLS COLORADO ELECTRIC, LLC FOR THE PURPOSE OF A WATER QUALITY FACILITY SUMMARY: This Resolution accepts an easement and right-of-way on a portion of Lot 2, of Summit View Business Park, in the County of Pueblo, State of Colorado, according to the recorded plat thereof, as filed for record December 12, 2018 at Reception No. 2125477, in the records of Pueblo County Recorder 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 detention and 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 2243824 09/15/2021 02:31:11 PM re: Resolution 14704 EASEMENT AND RIGHT OF WAY (Facilities To Be Installed And Maintained By Grantor) THIS EASEMENT, granted this 30th day of June , 2021 , by Black Hills Colorado Electric, 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 Drainage 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 Drainage Detention Facilities (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. Except in cases of emergency as determined in Grantee's discretion, Grantee shall notify Grantor of the need for repairs and notify Grantee of a reasonable timeframe for Grantor to complete the repairs prior to Grantee making repairs. If in Grantee's discretion such repairs are not timely completed, Grantee may exercise its rights hereunder without further notice. 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 11 m1 ioo 2243824 09/15/2021 02:31:11 PM Pag ert20rrtl25C1 R k3Re ord r0 C_ bio3Cou0nty Co 1111 rEPPIa�UIRI IIIMI Halli1r 14111)1114 MU11111 "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. %/l SIGNED this /,.3'— day of JGt L r 2021 , GRANTOR: By: _C? COUNTY OF PENNINGTON ) ) ss. STATE OF SOUTH DAKOTA) -�h The foregoing instrument was acknowledged before me this I3 day of 9ci. . �� I by Ron Williams, Senior Project Manager. Witness my hand and official seal. My Commission Expires: le.?Li/ L� (SEAL) a1-- ry Public w �# t 2 2243824 09/15/2021 02:3111 PM Page: 3 of 5 R 33.00 Gilbert Ortiz Clerk/Recorder0"00 bl 3 o County, .00 unt i ��NCo 'iih' ��Yi�, ,� �I III Exhibit A A-1 2243824 09/15/2021 02:31 11 PM Page: 43/ . De 0.00 T .00 Gilbert Ortofiz5 ClerkR 33/Reco00rderD 33 : Pueblo County, Co ■IIIkIM7%111 1101:1 'Vl;+1k1:MkI1r 114'11W �IIII EXHIBIT A DRAINAGE DETENTION EASEMENT LAND DESCRIPTION A parcel of land for the purposes of Drainage Detention located in Lot 2, of Summit View Business Park, in the County of Pueblo, State of Colorado, according to the recorded plat thereof, as filed for record December 12, 2018 at Reception No. 2125477, in the records of Pueblo County Recorder and being more particularly described as follows: Considering a portion of the East right-of-way line of Erie Avenue as platted in Summit View Business Park to bear N. 00°01'30" E., monumented on the north end with a number four (4) rebar with a yellow plastic cap stamped with L.S. number 38485 and the south end with a number four (4) rebar with no cap, and all bearings contained herein being relative thereto. Beginning at the southwest corner of said Lot 2, Summit View Business Park thence N. 00°01'30"E. along the West line of said Summit View Business Park and easterly right- of-way line of Erie Avenue, a distance of 118.17 feet, thence N. 89°59'49" E., a distance of 118.00 feet; thence S. 00°01'30"W. and parallel to the west line of said Lot 2, a distance of 93.11 feet to the north right-of-way line of 18th Street; thence Southwesterly along the north right-of-way line of said 18th Street along the arc of a curve to the right whose radius is 310.00 feet and whose center bears N. 23°12'47"W., a distance of 121.42 feet to the Point of Beginning. Said parcel contains 12,944 square feet more or less I, Michael L. Cuppy, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. pc LI ��;" • •::1 AND' F, 00 r 19 r i s/�NAL LP = Michael L. Colorado P.L.S. 38485 For and on Behalf of NorthStar Engineering and Surveying, Inc. April 22, 2019 JN 18 018 03 ,M(M �/ MEM N L 'XL7 lel U 'A ' .- m �'�cnp 3 »o 5 »+m LEGEND: N illID ® FOUND NO. 4 REBAR WITH PLASTIC CAP 0 ✓ (L.S. 38485) F..N (11 ® FOUND NO. 4 REBAR 1MTH PLASTIC CAPSCALE: 1" = 80 (L.S. 12933) - x N w m AWN (-9 FOUND NO. 4 REBAR NO CAP •-•0 40' 80' 160' 0 N (P) PLAT SEM INIMMIIMIIIIIINIMMIM pes --m-Co,-0. (M) MEASURED P.O.B. POINT OF BEGINNING ?'_Uis„ wi CT 0�3 w .j nw \ 1 7 m _7v m It- I) i.cl G I 1' +a C', r % I iii I \ \;,- r,\ I 7 -.-=,..- \1 \ \ / / I \ y , ` 11\J\\J 1 / `1\, ` N 1 1\ 1 e \ Ln �\ � \1- y1 / / 1 I n,Ck.. ) / / / / (R) :,' /L Z - 1 C i' ryW/y.,� V_ W / / 1O F'-1 (f) O / i\ , 1.C' <MIn / ) / W � ,t,)(-: �� I O / 1 \ 0`! • / 0 ' -/ z N89'5 '4 E 118.00' z Js0.01'30w / / N0'01'30E j (93.11' //, , 118.17') / N23'12'47WY ,\ / (RZ \�` , /� r,I1�I / f 0_22'26'2 ” / A P. O.B 121.42A...)' P / R [--" -- - E P 1 A R OASIS OF BEARINGS: NOTE: E THE EAST RIGHT-OF-WAY LINE OF ERIE AVENUE AS PLATTED IN THIS EXHIBIT WAS NOT PREPARED AS A D SUMMIT VIEW BUSINESS PARK TO BEAR N. 00'01'30•" E. MONUMENTED LAND SURVEY, AND WAS ONLY PREPARED TO DEPICT THE B ATTACHED LAND DESCRIPTION. Y: NORTHSFAR ENGINEERING AND SURVEYING, INC. JN 18 018 03 PAGE 2 OF 2