HomeMy WebLinkAbout10818RESOLUTION NO. 10818
A RESOLUTION APPROVING AN EASEMENT TERMINATION AGREEMENT BETWEEN HCPN,
LLC AND THE CITY OF PUEBLO, AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
An Easement Termination Agreement between HCPN, LLC, a Colorado limited liability
company and the City of Pueblo, copy of which is attached hereto, having been approved as to
form by the City Attorney, is hereby approved and accepted.
SECTION 2.
The President of the City Council is authorized to execute acceptance of the aforesaid deed
in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest
same.
INTRODUCED September 25, 2006
BY Randy Thurston
Councilperson
APPROVED:
President of City Council
ATTESTED BY:
CITY CLERK
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 4
DATE: SEPTEMBER 25, 2006
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /JIM MUNCH
TITLE
A RESOLUTION APPROVING AN EASEMENT TERMINATION AGREEMENT
BETWEEN HCPN, LLC AND THE CITY OF PUEBLO, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should City Council approve an Easement Termination Agreement with HCPN, LLC for
parking on the City's property?
Approval of the Resolution.
The HCPN, LLC is currently constructing the Cingular building at 102 South Oneida
Street. The City of Pueblo granted a parking easement to
Andrews Family Limited Partnership, who was the previous owner of the site. The
parking by the Andrews ceased for a period of 12 months, which causes the easement
to terminate automatically. This agreement will terminate easement.
FINANCIAL IMPACT
There is no financial impact to the City.
re: Reso. #10818 IIIIIII VIII IIIIIII III IIIIIII III VIII �II VIII III z� 0 0 �z7P
Chris e. MWnoa
)BASEMENT TERMINATION AGREEMENT
THIS EASEMENT TERMINATION AGREEMENT ( 'Agreement's entered into as of July
20, 2006 between the City of Pueblo, a municipal corporation ("Grantor's and HCPH , LLC
("Grantee';
WHEREAS, City, as Grantor, granted to Andrews Family Limited Partnership, as Grantee
an easement for parking use dated March 24, 1997 recorded April 1, 1997 in Book 2983, Page 364
as Reception No. 1163052 in the records of the Pueblo County Clerk and Recorder ( "Easement' D,
and
WHEREAS, Grantee is the successor in interest of Andrews Family Limited Partnership in
and to the Easement, and
WHEREAS, the parking use of the Easement by Andrews Family Limited Partnership and
Grantee ceased for a period in excess of 12 consecutive months which has caused the Easement to
be automatically terminated, and
WHEREAS, Grantor and Grantee desire to execute an acknowledgment of such termination.
NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained
herein, Grantor and Grantee hereby agree that the above described Easement is terminated and
cancelled effective July 1, 2096:
FID_ *
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Title:
STATE OF COLORADO ) ss
COUNTY OF PUEBLO )
CITY O UEBIL
By
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President of the City Council
The foregoing instrument was acknowledged before me thisayof September , 2006
by Michael A. Occhiato, as President of the City Council of the City of Pueblo, a municipal
corporation.
Witness my hand and official seal.
mission expires: 8 -21 -2007
No&ry Public
b
F/ J Co
1�
STATE OF COLORADO )
COUNTY OF PUEBLO ) ss.
The forego' g instrument was acknowledged before me this day of C 2006
by .j" Flr.d-e y as fYY�,n t of
HCPN -, LLC, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires: I -aq -Q
Notary Public
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