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BoCC Consent Agenda: July 22, 2014 Consent Agenda Item#: Board Summary Report Date: July 8, 2014 To: Through: Through: From: Arapahoe County Board of County Commissioners David M. Schmit, PE, Director Public Works and Development Chuck Haskins, PE, Division Manager Public Works and Development Engineering Services Division Irene Valenzuela, PE, Engineer III Engineering Services Division Case name: Inverness Subdivision Filing No. 52, Lot 3 Final Development Plan Arapahoe County Case No. P13-013 Subject: Approval and execution of Quit Claim Deed Purpose and Recommendation: The purpose of this report is to request the Board quit claim the a previously recorded Uniform Easement Deed and Revocable Storm Drainage License Agreement that was executed and recorded in 2008 at Reception number B8048769, Arapahoe County records, County of Arapahoe, State of Colorado when Inverness Subdivision Filing No. 52, Lot 1 was under development. Staff prepared the Quit Claim Deed in accordance to language included in the executed Uniform Easement Deed and Revocable Storm Drainage License Agreement and has determined that it meets the County s requirements. Staff recommends said Quit Claim Deed be executed by the Board. Background: This development proposal is for 232 apartment units situated on approximately 8.3 acres of Inverness Subdivision Filing No. 52 (Lot 3) and is generally located northeast of the intersection of Inverness Drive West and Inverness Lane West. The Final Development Plan for this development was approved by the Board of County Commissioners on May 6, 2014. During the initial development of this subdivision (Inverness Subdivision Filing No. 52, Lot 1), drainage flows were directed and routed across Lot 3 via a drainage swale in order to reach the storm sewer system that would be installed with Lot 1. This Quit Claim Deed releases the existing drainage easement since Lot 3 is now under development. Lot 3 s storm sewer system that is considered public is being placed in a new drainage easement in order to reach the collector facility. Links to Align Arapahoe Increase Community and Regional Partnerships

BoCC Consent Agenda: July 22, 2014 Consent Agenda Item#: Alternatives: Staff does not see any viable alternatives to execution of this Quit Claim Deed. Fiscal Impact: There is no apparent fiscal impact to the County on this matter. Actions Requested: 1. Approval to execute the Quit Claim Deed which releases an area that is no longer considered a drainage conveyance within Lot 3 of Inverness Subdivision Filing No. 52. Concurrence: Staff prepared and has reviewed the Quit Claim Deed with the County Attorney s Staff. We have determined that the Quit Claim Deed meets the County s requirements. Staff recommends said Quit Claim Deed be executed by the Board. Attachments: Quit Claim Deed Resolution for said Quit Claim Deed Page 2 of 2

RESOLUTION NO. It was moved by Commissioner and duly seconded by Commissioner to authorize the Chair to execute, upon recommendation of the County s Engineering Services Division and Director of the Public Works and Development Department, the Quit Claim Deed in regard to the Uniform Easement Deed and Revocable Storm Drainage License Agreement (Drainage Easement) within Inverness Subdivision Filing No. 52, Lot 3 (Arapahoe County Case No.P13-013). The vote was: Commissioner Doty, [yes, no, or Absent and Excused]; Commissioner Bockenfeld, [yes, no, or Absent and Excused]; Commissioner Jackson, [yes, no, or Absent and Excused]; Commissioner Sharpe, [yes, no, or Absent and Excused]; Commissioner Holen, [yes, no, or Absent and Excused]. The [Chair or Chair Pro-Tem] declared the motion carried and so ordered. G:\DSIM\_Engineering Services\Case Files\2013\P13-013 - ENG13-077 Inverness #52-L3-FDP (IV)\Drainage Easement & Quit Claim\P13-013_BOCC_resolution(quit-claim).docx Page 1 of 1

QUIT CLAIM DEED THIS DEED, made this day of 2014, between the BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY, COLORADO, A BODY CORPORATE AND POLITIC, whose legal address is 5334 South Prince Street, Littleton, Colorado 80166-0111, of the County of Arapahoe and State of Colorado, (Grantor) and JKS/PAK LLC, a Colorado Limited Liability Company, whose legal address is 10111 Inverness Main St, Suite N of the County of Arapahoe and State of Colorado (Grantee) WITNESS, that the Grantor, for and in consideration of the sum of Ten and No/100 DOLLARS ($10.00), the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold, conveyed, and QUIT CLAIMED, and by these presents, does remise, release, sell, convey and QUIT CLAIM unto the Grantee, its heirs, successors and assigns, forever, all the right, title, interest, claim, and demand which the Grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Arapahoe and State of Colorado described as follows: the Uniform Easement Deed and Revocable Storm Drainage License Agreement recorded at the following Reception number B8048769 which includes the attached Exhibit A (Legal Description) TO HAVE AND TO HOLD The same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and behoof of the Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, this deed was executed by the undersigned on this the day of, 2014. BOARD OF COUNTY COMMISSIONERS OF ARAPAHOE COUNTY STATE OF COLORADO ) )ss. County of ) By (print) Signature Title The foregoing instrument was acknowledged before me this day of, by, as of. My commission expires. Witness my hand and official seal. Notary Public Signature Type or Print Name Address of Notary