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Home My WebLink About08941I 111111111 1111111111111111111111111 1322899 03/06/2000 10:14A RES Chris C. Munoz 1 o 1R°5.0000.00 Puebla Cl.yClk8Ree. RESOLUTION NO. 8941 A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM RELIANCE DEVELOPMENT COMPANY, L.L.P. WHEREAS, Reliance Development Company, L.L.P., on February 1, 2000, granted a twenty foot (20') wide Easement and Right of Way to the City of Pueblo; and WHEREAS, such Easement and Right of Way is necessary for the purpose of relocating a public sanitary sewer main for the purpose of constructing a new building. 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 Company, L.L.P., dated February 1, 2000, to the City of Pueblo, a copy of which is attached hereto, after having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2 The City Clerk is directed to record said easement in the office of the Pueblo County Clerk and Recorder. INTRODUCED February 28 ' 2000 By Al Gurule Councilperson g', V ,,, } .g APPROVED: President of the Council ATTESr $ �' A. City Clerk t--A - - - - - -'1 A - -- - t.0 Ulll;ll 1`��G11Ud Title: A RESOLUTION ACCEPTING AN EASEMENT AND RIGHT OF WAY FROM RELIANCE DEVELOPMENT COMPANY, L.L.P. Department: WASTEWATER DEPARTMENT ISSUE Agenda Item # Date: FEBRUARY 28, 2000 Should the City Council accept an Easement and Right of Way from Reliance Development Company, L.L.P., for the purpose of public sanitary sewer use. RECOMMENDATION Approval of the Resolution. BACKGROUND Reliance Development Company, L.L.P., recently purchased the property located at the northwest corner of Bonforte Blvd. and Hunter Drive. The City has an existing 12 -inch sanitary sewer line in an existing easement which crosses the property. The existing sanitary sewer conflicts with the proposed location of a new retail building. The property owner is granting this new easement to relocate the sewer in order to construct the new building in the preferred location. The construction of the new sanitary sewer will be funded by the property owner as part of the site development. FINANCIAL IMPACT There is no financial impact upon the City due to this action. F U IE B L Tgo' 11111111111111111111111111111111111111111111111 IN III 1322900 03/06/2000 10:14A EASE Chris C. Munoz 1 of 3 R 13.00 D 0.00 Pueblo Ct.y Clk & Ree. EASEMENT AND RIGHT OF WAY This Easement, granted this 1 s tday of February , 2000 by Reliance Development Company, L.L.P., a Minnesota limited liability partnership, GRANTOR, to PUEBLO, a 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, a twenty foot easement and right of way for the purposes of sanitary sewer in, through, over, under and across GRANTOR'S property situated in Pueblo County, Colorado, and described as follows (the "Property"): A portion of Lot 3, Block 141, Belmont 80' filing (See attached Exhibit "A "). TOGETHER WITH the right to enter upon the Property for the purposes of construction, replacement, maintenance, control, and repair, and the right to use so much of the adjoining property of GRANTOR for said purposes. The GRANTOR reserves the right to use and occupy the Property for any purpose not inconsistent with the right and privilege above granted and which will not interfere with or endanger any of GRANTEE'S 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 or manufactured or mobile home or trailer unit. 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 quite and peaceful possession of the Property and easement and right -of -way against all persons who may lawfully claim title to the Property. "GRANTEE" shall include the plural and the feminine. This Easement and Right of Way shall be binding upon, and shall insure to the benefit of the heirs, personal representatives, successors, and assigns of the GRANTOR and GRANTEE. SIGNED this 1st day of February , 2000. GRANTOR: RELIANCE DEVELOPMENT COMPANY, L.L.P. By: HTW Investment Partners, Inc. Its: General Partner By: ar . Hauser President COUNTY OF HENNEPIN ) ) ss. STATE OF MINNESOTA ) The foregoing instrument was acknowledged before me this /SI day of 2000 by Richard J. Hauser, the President of HTW Investment Partners, Inc., a general partner of Reliance Development Comp a*, L.L.P., a Minnesota limited liability partnership, on behalf of the partnership. Witness my hand and official seal. cJ _ KATHLEEN M. MARTIN cam` HOT . Notary Public ARY � 35116 12/08/99 15:48 FAX 719 5426244 CITY 01' YULDLU CLC Associates, Inc. Ptonning/Engineering/Land Surveying Landscape Architecture, Architecture EXHIBIT A 20' SANITARY SEWER EASEMENT SHEET 1 OF 2 LEGAL DESCRIPTION %w V J 8480 E. Orchard Rood Suuiitt 2000 �• 303) 770 Colorado 3 80111 AX (303) 770 -2349 A PART OF LOT 3, BLOCK 141, BELMONT 80TH FILING, COUNTY OF PUEBLO. STATE OF COLORADO. DESCRIBED AS FOLLOWS; COMMENCING AT THE MOST EASTERLY CORNER OF SAID LOT 3, THENCE NORTH 41 DEGREES 29 MINUTES 23 SECONDS WEST. ALONG THE NORTHEASTERLY LINE OF SAID LOT 3. A DISTANCE OF 54.11 FEET TO THE INTERSECTION OF THE NORTH LINE OF AN EXISTING 20 FOOT WIDE SANITARY SEWER EASEMENT; THENCE NORTH 71 DEGREES 30 MINUTES 00 SECONDS WEST. ALONG SAID NORTH LINE. A DISTANCE OF 25.99 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 71 DEGREES 30 MINUTES 00 SECONDS WEST. ALONG SAID NORTH LINE. A DISTANCE OF 39.99 FEET; THENCE NORTH 41 DEGREES 29 MINUTES 23 SECONDS WEST, A DISTANCE OF 43.19 FEET; THENCE NORTH 56 DEGREES 26 MINUTES 54 SECONDS WEST, A DISTANCE OF 121.75 FEET; THENCE SOUTH 33 DEGREES 33 MINUTES 06 SECONDS WEST, A DISTANCE OF 96.68 FEET TO A POINT ON THE NORTH LINE OF SAID 20 FOOT SANITARY SEWER EASEMENT; THENCE RUNNING ALONG SAID NORTH LINE THE NEXT TWO (2) COURSES: 1) NORTH 41 DEGREES 19 MINUTES 00 SECONDS WEST. A DISTANCE OF 3.95 FEET; 2) SOUTH 70 DEGREES 15 MINUTES 30 SECONDS WEST, A DISTANCE OF 27.09 FEET; THENCE NORTH 33 DEGREES 33 MINUTES 06 SECONDS EAST, A DISTANCE OF 139.37 FEET; THENCE SOUTH 56 DEGREES 26 MINUTES 54 SECONDS EAST, A DISTANCE OF 144.38 FEET; THENCE SOUTH 41 DEGREES 29 MINUTES 23 SECONDS EAST, A DISTANCE OF 80.45 FEET TO THE TRUE POINT OF BEGINNING CONTAINING. 6229 SQUARE FEET OR 0.1430 ACRES MORE OR LESS. LEGAL DESCRIPTION PRE* iREF7IA` 'Y . WARREN L. RU COLORADO REI FOR AND ON I INC. 1 111111 111'1 111111111 11111 III 111111111 IIII 1322900 03/06/2000 10:14A EASE Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Ct.y Clk $ Rea. 12/08/99 15:48 FAX 719 5428244 Plonnln9/En9lneerh9/I.and Surveying Londeeope Arehlteeture. Architecture EXHIBIT A 20' SANITARY E2 OF EASEMENT SHEET CLCi ASSOCIOt @S. Inc. BELMONT 84TH FILING BLOCK 141 LOT 25 NEW 20 SAN1TAKT SEWER EASEMENT S 70'15'30' 27.09' i i i i i i i 20' WIDE SANITARY SEWER EASEMENT BELMONT 84TH FILING BLOCK 141 LOT 24 CITY OF PUEBLO I ao• s�owr e�wac vt�tKr�r to wt7�wn+ I I 10' UTluTY —�� — — EASEMENT , �s• A;' BELMONT „ w 80TH FILING 1 41'19.00 141 3 .95 • BLOC LOT 3 - - - ; -- - 4480 E. Orchard Rood Suite 2000 Engl ewood. Colorado 80111 (303) 770 -223 iAX (303) 770 -23 I� " 50' UNPLATTED POINT OF F 0' N 71'30'O C)" *k ,— 25.99' N 71 W 31 39.99' l N 41 29'23" W .....ice � 54.11' �- --- --:- EXISTING 20' SANITARY SEWER /\, EASEMENT TO BE VACATED / .. TF q 10' UTILITY EASEMENT BELMONT 80TH FILING BLOCK 141 LOT 4 / QO J v �O �<ti O ff. REPRESEN TH AXMONUMENTE LAND SURVEY. 1 111111 IIIII IIIII 111111111111 IIIII IIIII III IIIII IIII III IT IS INTENDED ONLY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. 1322900 03/06/2000 10:14A EASE Chris C. ML 3 of 3 R 15.00 D 0.00 Pueblo Cty Clk & Rec. CIF. -F 1 .