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HomeMy WebLinkAbout15566RESOLUTION NO. 15566 A RESOLUTION APPROVING A PARTIAL RELEASE OF A DRAINAGE EASEMENT IN THE PARK WEST BUSINESS CAMPUS NINTH FILING SUBDIVISION TO FACILITATE THE COTTAGES AT PARK WEST SUBDIVISION, A SPECIAL AREA PLAN BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The attached Release of Easement relinquishing the City's interest in a portion of a drainage easement located in the Park West Business Campus Filing No. 8 Subdivision and recorded in the records of the Pueblo County Clerk and Recorder under Reception No. 1963798, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The Mayor is authorized to execute the Release of Easement on behalf of the City of Pueblo, a Colorado Municipal Corporation, and the City Clerk shall affix the seal of the City thereto and attest same. SECTION 3. The City Clerk is directed to cause said Release of Drainage Easement to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees for this release of easement are to be paid for by the owner of the property upon which the easement is located. SECTION 4. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Resolution and the contract to implement the transactions described therein. SECTION 5 This Resolution shall become effective immediately upon passage and approval. INTRODUCED: March 25, 2024 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: __________________________ PRESIDENT OF CITY COUNCIL ATTESTED BY: ________________________ CITY CLERK City Clerk's Office Item # M16 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 25, 2024 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION APPROVING A PARTIAL RELEASE OF A DRAINAGE EASEMENT IN THE PARK WEST BUSINESS CAMPUS NINTH FILING SUBDIVISION TO FACILITATE THE COTTAGES AT PARK WEST SUBDIVISION, A SPECIAL AREA PLAN SUMMARY: This Resolution authorizes a partial release of a drainage easement whereas an alternate drainage easement has been dedicated on the Cottages at Park West Subdivision, a Special Area Plan Plat. PREVIOUS COUNCIL ACTION: City Council approved Ordinance No. 8621 which approved the Park West Business Campus Filing No. 8 Subdivision Plat as well as a drainage easement on the property recorded under Reception No. 1963798. BACKGROUND: A drainage easement was granted to the City in 2013 for the purpose of routing stormwater in the Park West Business Campus Subdivision Ninth Filing through a drainage swale. As part of the development of Cottages at Park West Subdivision, a Special Area Plan, a portion of this drainage swale was converted into a closed pipe system at a more desired alignment to allow for development of the property. As a result of this new alignment, only a portion of the original drainage easement is required. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: Denial of this Resolution will prevent the City from releasing its interest in the Drainage Easement. RECOMMENDATION: Approval of the Resolution. ATTACHMENTS: 1. Partial Release of Drainage Easement - 1963798 2. Original Granted Drainage Easement - 1963798 3. Cottages at Park West Subdivision, A SAP - Plat