HomeMy WebLinkAbout089251 11111111111 111 113 1111111111111111111111111111111 IN IIIII
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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.
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INTRODUCED February 14 ' 2000
By: Robert Schillin
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APPROVED: &
President of the Council
ATTEST:
City Clerk
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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
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EASEMENT AND RIGHT OF WAY
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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.
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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.
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CARR�r L 5AZELLA
ass_ u FSOTA
' ?1 2005
Notary Public
29479KMM
Exhibit "A"
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Lh1JLIVILIN
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SCALE: 1 " = 100'
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