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HomeMy WebLinkAbout089251 11111111111 111 113 1111111111111111111111111111111 IN IIIII 1320216 02/15/2000 03:15P RES Chris C. Munoz 1 of 4 R 20.00 D 0.00 Pueblo Cl.y Clk & Rec. RESOLUTION NO. 8925 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM RELIANCE DEVELOPMENT CO., L.L.P., A MINN. LIMITED LIABILTY PARTNERSHIP WHEREAS, the owner of real property has granted the Easement and Right of Way to the City of Pueblo; and WHEREAS, such land is necessary to install a pedestrian sidewalk across the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The Easement and Right of Way granted by Reliance Development Co., L.L.P., a Minnesota Liability Partnership, dated February 14, 2000, a copy of the Deed, which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. Section 2 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. -Z3t -0 1 4 ,t a si t- -L-j INTRODUCED February 14 ' 2000 By: Robert Schillin Co = 4 -- -- J APPROVED: & President of the Council ATTEST: City Clerk Z s gFpiTAr:F TITI F Council Agenda TITLE: A RESOLUTION ACCEPTING AN EASEMENT AND AGENDA ITEM # I 9 RIGHT OF WAY FROM RELIANCE DEVELOPMENT CO., L.L.P., A MINN. LIMITED LIABILITY PARTNERSHIP DEPARTMENT: Public Works DATE: Feb. 14, 2000 ISSUE Should the City Council accept an Easement and right of Way from Reliance Development Co., a Minnesota limited liability partnership for the purpose of providing attached sidewalk along the West side of Fortino Blvd RECOMMENDATION Approval of this Resolution BACKGROUND The street width on Fortino Blvd does not have enough Right of Way to accommodate for a pedestrian sidewalk, therefore the City is asking for the easement. FINANCIAL IMPACT There is no financial impact upon the City due to this action. 0 This Instrument was Prepared By: Malkerson Gilliland Martin LLP Suite 1500 AT &T Tower 901 Marquette Avenue Minneapolis, MN 55402 After Recording Please Return To: City of Pueblo Attention: City Clerk 211 East "D" Street Pueblo, CO 81003 11111111111111 � 1111111111111111111 1320216 02/15/2000 03:15P RES 2 of 4 R 20.00 D 0.00 Pueblo EASEMENT AND RIGHT OF WAY 11111111111111111111 Chris C. Munoz C!y Clk & Ree. THIS EASEMENT, granted this 15' day of February, 2000, by Reliance Development Company, L.L.P., a Minnesota limited liability partnership, Grantor, to City of Pueblo, a Colorado 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 a sidewalk, in, through, over, under and across Grantor's property situated in Pueblo County, Colorado, described as (the "Property"): The Easterly 2.00 feet of Lots 1 & 10, Block 5, Gateway Subdivision, First Filing, as recorded in Book 1991 at Page 460 of the County of Pueblo Records, except that portion deeded to the City of Pueblo in Deed of Dedication recorded under Reception No. of the County of Pueblo Records and accepted by Grantee in Resolution No. g q a, \p Grantee shall construct or reconstruct the sidewalk in the Property or the existing sidewalk adjacent thereto (the "Facilities ") as may be required by and 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, condition and repair and shall 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 in the event Grantor, after receipt of notice from Grantee, does not repair, maintain or repair the Facilities within a reasonable time after receipt of such notice. 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. 29479KMM I 1111111111111111111111111111111111111111111111111111111 1320216 02/15/2000 03:15P RES Chris C. Munoz 3 of 4 R 20.00 D 0.00 Pueblo Ct.y Clk & Rec. 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. 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. IN WITNESS WHEREOF, this Easement and Right of Way is made effective as of the date first written above. STATE OF MINNESOTA ) )ss. COUNTY OF HENNEPIN ) GRANTOR: Reliance Development Company, L.L.P. a Minnesota limited liability partnership By HTW Investment Partners, Inc. a Minnesota corporation and its general partner By _ Ric J. Hauser, its P sident The foregoing instrument was acknowledged before me this 4`' day of February, 2000, by Richard J. Hauser, President of HTW Investment Partners, Inc. a Minnesota corporation and the general partner of Reliance Development Company, L.L.P., a Minnesota limited liability partnership. Witness my hand and official seal. My commission expires: 1 & (J. ■ r �s CARR�r L 5AZELLA ass_ u FSOTA ' ?1 2005 Notary Public 29479KMM Exhibit "A" N i, SIDL /-+Ln Lh1JLIVILIN - 4 1' SCALE: 1 " = 100' 1 111111 IIIII IIIII I'll' 11111 1111111 11111 III IIIII IIII I" 1320216 02/13/2000 03:15P RES Chris C. Munoz 4 of 4 R 20.00 D 0.00 Pueblo Cty Clk & Rec. --Vq, ��E� r�_