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Home My WebLink About089261 IN 1320215 02/15/2000 03:15P RES Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. RESOLUTION NO. 8926 A RESOLUTION ACCEPTING A DEED OF DEDICATION FROM RELIANCE DEVELOPMENT CO., L.L.P., A MINN. LIMITED LIABILTY PARTNERSHIP FOR THE PURPOSE OF RIGHT OF WAY WHEREAS, the owner of real property has granted the Deed of Dedication to the City of Pueblo; and WHEREAS, such land is needed for the purpose of Right of way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: Section 1 The Deed of Dedication 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 Deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED February 14 , 2000 `F By: Robert Schillinq Councilp rs n APPROVED President of the Council ATTEST City Clerk r- L4 FP l * rq ( ' P 77nF Council Agenda TITLE: A RESOLUTION ACCEPTING A DEED OF DEDICATION AGENDA ITEM # FROM RELIANCE DEVELOPMENT CO., L.L.P., A MINNESOTA LIMITED LIABILITY PARTNERSHIP DEPARTMENT: Public Works ISSUE DATE: Feb. 14, 2000 Should the City Council accept a Deed of Dedication from Reliance Development Co., a Minnesota Limited Liability Partnership for the purpose of permitting encroaching by future curb and gutter, paving and sidewalk improvements to be done by CDOT. RECOMMENDATION Approval of this Resolution BACKGROUND The Deed of Dedication is necessary to build a City street and to permit traffic and pedestrians on Fortino Blvd. onto Hwy 50. FINANCIAL IMPACT There is no financial impact upon the City due to this action 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 I IIIIII IIIII IIIII IIIII IIIIII 11111111111111111111111111 1320542 02/17/2000 01:54P DEDIC Chris C. Munoz 1 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Rec. DEED OF DEDICATION Reliance Development Company, L.L.P., a Minnesota limited liability partnership ( "Reliance "), hereby donates and dedicates to the City of Pueblo, a Colorado municipal corporation (the "City"), for the benefit of the public for perpetual use as a public street, the real property legally described on Exhibit A attached hereto and made a part hereof (the "Right -of- Way "). Reliance warrants unto the City that it has lawful authority to execute this Deed of Dedication and good title to the Right -of -Way. The City has accepted this Deed of Dedication as evidenced by the adoption of Resolution No. 97 , at a meeting of the Pueblo City Council on February 14, 2000. IN WITNESS WHEREOF, this Deed of Dedication is made effective as of February 15, 2000. RELIANCE DEVELOPMENT COMPANY, L.L.P., a Minnesota limited liability partnership By HTW INVESTMENTS PARTNERS, INC., a Minnesota corporation Its General Partner By ich . Har auser, resident STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on February 4, 2000, by Richard J. Hauser, the President of HTW Investment Partners, Inc.., a Minnesota corporation, a General Partner of Reliance Development Company, L.L.P., a Minnesota limited liability partnership, on behalf of the partnership. R X CARRIE LEA BAZELLA N 0 TA R MINNESOTA My , - ea Al 31. s a ut�/-W-t Notary Public w vVhiViMlrvNnrmr , n, ., . , u..,...^vv�.MV1MNNN• _B- 15 1Y: U'3 VHLLt7 I 1 I LL l _,.. - � y . Exhibit "A" A parcel of land located within the within Section 14 Township 20 South, Range 65 West, oFthe 6th Principal Meridian, County of Pueblo, State o f -Colorado, being described as; A portion of Lots 1, Block 5, Gateway Subdivision, First Filing. as recorded in Bock 1991, at Page 460; and a portion of the vacated Frontage Road aL"iaeent to said Lot 1, Block 5, all of the County of Pueblo records, and being more pat 4icularly described as Follows: Beginning at a puint at the intersection of the Suutherly line of the vacated Frontage Road and the Southerly prolongation of the Easterly title of said Lot l; Thence iv77 °53'05 "W, along, said Southerly litre a distance of 25.00 feet; Thence N44 '07' 1 4 "E, departing said Southerly line, a distance of 47.17 feet, to a point tin the Easterly line ofsaid Lot 1; Thence S12. °06'55 "W, along said Easterly line, a distance of 40.00 feet, to the point of beginning of this description. Said parcel contains 500.0 square feet, more or less. A H� V. 1 1 . v L L_ L - 4 N / SCALE: 1 " = 100' 1 111111 11111 1111111111 11111111111 111111111 1111111 11 1111 1320542 02/17/2000 01:54P DMIC Chris C 2 of 2 R 10.00 D 0.00 Pueblo Ct.y Clk & Rec. TOTAL P.11 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 1 1320543 02/17/2000 01:54P EASE Chris C. Munoz 1 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. EASEMENT AND RIGHT OF WAY 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 1 ?, �QS4 -) of the County of Pueblo Records and accepted by Grantee in Resolution No. F f a<o 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 Ili 1111111111111111111111111111111111111111111 1320543 02/17/2000 01:54P EASE Chris C. 2 of 3 R 15.00 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 Ri d Hauser, Ks P esident 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: C 3 CARRIE LEA BAZELLA NCTA� , MANESOrA Mr 31 215 r n s.,+tinM WWWVM Notary Public 29479KMM