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HomeMy WebLinkAbout8312111111111111 11111 1111111 11111111 HIM 1111111111111111 1202434 01/27/1998 10:51A 83078 P452 RES 1 of 1 R 6.00 D 0.00 Pueblo C!y Clk 8 Rec. RESOLUTION NO. 8312 A RESOLUTION ACCEPTING A DEED TRANSFERRING TITLE TO APPROXIMATELY 9.17 ACRES OF LAND TO PUEBLO, A MUNICIPAL CORPORATION FROM ANNE C. COURTRIGHT ET AL. FOR OPEN SPACE, PARKS AND RECREATIONAL PURPOSES 1 t- 3 WHEREAS, the owners of the land described in the attached Deed executed and delivered the Deed to the City on December 29, 1997, and WHEREAS, the Deed conveys as a gift for no consideration approximately 9.17 acres of land to the City for open space, parks and recreational purposes with reservations for a 30 -foot access easement and residential purposes easement on a portion of the land adjacent to the owners' residential properties, and WHEREAS, the acceptance of the Deed would be in the best interest of the City and its citizens; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Deed dated December 29, 1997 transferring approximately 9.17 acres of land to Pueblo, a municipal corporation for open space, parks and recreational purposes, a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved, and the City Clerk is directed to record the Deed in the office of the Pueblo County Clerk and Recorder. c City Clerk INTRODUCED: January 12, 1998 By Al Gurgle Councilperson APPROVED: & tl, , , �'- President of 4 City ouncil I IIIIII IIIII IIIII IIIIIII III IIIII IIIIIII III IIIII IIII IIII 1202435 01/27/1998 10:51A B3078 P453 DEED 1 of 5 R 26.00 D 0.00 Pueblo C!y Clk & Rec. DEED THIS DEED is made this `day of December, 1997, between EUGENE W. PFLUM, MARY A. PFLUM, DAVID E .MORTON, CLAIBORNE L. COURTRIGHT, ANNE C. COURTRIGHT, WAYNE HARRE, and NORMA L. HARRE of the County of Pueblo and State of Colorado, Grantors, and PUEBLO, a Municipal corporation, whose legal address is 1 City Hall Place, Pueblo, Colorado 81003, Grantee. WITNESSETH: That the Grantors, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents do grant, bargain, sell, and convey unto the Grantee, its successors and assigns forever, all the real property together with improvements, if any, situate lying and being in the County of Pueblo, State of Colorado, described on the attached Exhibit "A ". TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the right, title, estate, interest, claim and demand whatsoever of the Grantors either in law or equity, of, in and to the above bargained premises. TO HAVE AND TO HOLD the said premises above bargained and described unto the Grantee, its successors and assigns forever. And the Grantors for themselves, their heirs, and personal representatives do covenant, grant, bargain and agree with the Grantee, its successors and assigns that at the time the ensealing and delivery of these presents, Grantors are well seized of the premises above conveyed, have good, sure, perfect, absolute, and indefeasible estate in law, in fee simple, and have good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, free and clear of all bargains, sales, liens, taxes, assessments, encumbrances, and restrictions of whatever kind or nature soever, except those of record. The Grantors shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons unlawfully claiming or to claim the whole or any part thereof. In the event the property is used for any purposes other than open space, parks and recreation, roads or utilities prior to January 1, 2023, the property shall revert to the Grantors. IN WITNESS WHEREOF, the Grantors have executed this deed on the date set forth above. NORMA L. HARRE ,._._._. DAVID E. MORTON 1 IN STATE OF COLORADO ) 1202435 01/27/1998 10:51A 83078 P454 DEED 2 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this�I' day of December, 1997, by EUGENE W. PFLUM, MARY A. PFLUM, CLAIBORNE L. COURTRIGHT, ANNE C. COURTRIGHT, WAYNE HARRE, NORMA L. HARRE, and DAVID E. MORTON. Witness my hand and seal. My commission expires: ���,•;' �� (q qSj ,,.���' "•��•� "'''�,,� Notary Public i 7 .5 - es s s.1 111111111111111111111111111111111111111111111111111 IN 1202435 01/27/1998 10:51A 83078 P455 DEED 3 of 5 R 26.00 D 0.00 Pueblo Cty Clk & Rec. EXHIBIT "A" A parcel of land in the W1 /2 of the SW1 /4 of the SW1 /4 of Section 24, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, being more particularly described as follows: Considering the Westerly boundary line of Star View, First Filing, according to the recorded plat thereof filed for record September 19, 1956, to bear South 00 deg. 05 min. 00 sec. East. (Due South -Rec) and all bearings contained herein being relative thereto. CO.ffZENCING at the Northwest corner of Lot 12 in said Star View, First filing, said point being also the Northeast corner of Prairie Ridge Subdivision, Filing No. 1, a Special Area Plan, according to the recorded plat thereof, filed for record Aril 2, 1980; thence along the West line of said Lot 12 and the Westerly Boundary Line of said Star View, First Filing, the following two (2) courses: 1. South 00 deg. 05 min. 00 sec. East (Due South - Rec.), a distance of 420.17 feet; 2. South 18 deg. 21 min. 00 sec. West (South 18 deg. 26 min. West Rec.), a distance of 31.62 feet to the TRUE POINT OF BEGINNING; thence continuing along the said Westerly Boundary Line, the following sixteen (16) courses: 1. South 21 decd. 43 min. West Rec.), a distance of 2. South 46 decd'. 35 min. West Rec.), a distance of 3. South 28 decd. 16 min. West Rec.), a distance of 4. South 09 deg. 05 min. 5. South 15 decd. 43 min. 10 sec. 10 sec. 40 sec. eet; 30 sec. 10 sec. West (South 21 53.85 feet; 10 sec. West (South 46 72.86-feet; 54 sec. West (South 17 56.81 feet (52.50 feet 30 sec. West, a distan 30 sec. East (South 15 deg. 48 deg. 40 deg. 44 Rec.) ; =e of 50 deg. 38 min. min. min. .64 f min. East Rec.), a distance of 51.92 feet; 6. South 25 decd. 43 min. 30 sec. East (South 25 deg. 38 min. 30 sec. East Rec.), a distance of 55.46 feet; 7. South 29 deg. 19 min. 50 sec. East (South 29 deg. 14 min. 50 sec. East Rec.), a distance of 57.30 feet; 8. South 09 deg. 00 min. 30 sec. West (South 09 deg. 05 min. 30 sec. West Rec.), a distance of 50.64 feet; 9. South 18 deg. 51 min. 40 sec. East (South 18 deg. 46 min. 40 sec. East Rec.), a distance of 52.81 feet; 10. South 07 decd. 53 min. 10 sec. West (South 07 deg. 58 min. 10 sec. West Rec.), a distance of 50.49 feet; 11. South 04 decd. 29 min. 30 sec. West (South 04 deg. 34 min. 30 sec. West Rec.), a distance of 50.16 feet; 12. South 02 deg. 12 min. 30 sec. West (South 02 deg. 17 min. 30 sec. West Rec.), a distance of 50.04 feet; 13. South 00 deg. 05 min. 00 sec. East (Due South - Rec.), a distance of 50.00 feet; 14. South 02 deg. 22 min. 30 sec. East (South 02 deg. 17 min. 30 sec. East Rec.), a distance of 50.04 feet; 15. South 06 deg. 45 min. 30 sec. West (South 06 deg. 50 min. 30 sec. West Rec.), a distance of 50.36 feet; 16. South 04 decd. 02 min. 21 sec. East (South 03 deg. 57 min. 30 sec. West Rec.), a distance of 58.99 feet (57.94 feet +- Rec.), to the South line of the said W1 /2 of the SW1 /4 of the SW1 /4 of Section 24; thdnce"South 89 deg. 23 min. 29 sec. West, along said South line, a distance of 461.50 feet to the Southwest corner of said Section 24; thence North 00 deg. 31 min. 59 sec. East, along the West line of the W1 /2 of the SW1 /4 of the SW1 /4 of Section 24, a distance of 1264.03 feet to the South line of West 24th Street, as presently located; thence North 90 deg. 00 min. 00 sec. East, along said South line, a distance of 82.51 feet; thence South 00 deg. 00 min. 00 sec. West, a distance of 455.64 feet; thence South 90 deg. 00 min. 00 sec. East, a distance of 301.96 feet to the Southermost corner of Prairie Ridge Subdivision, Filing No. 2, a Special Area Plan, according to the recorded plat thereof, filed for record March 30, 1981; thence North 87 deg. 03 min. 41 sec. East, along the South line of said Prairie Ridge Subdivision, Filing No. 2, a Special Area Plan, a distance or 110.21 feet to the POINT OF BEGINNING. Reserving unto the Grantors, their heirs, devisees, successors and assigns the following easement for access to the westerly boundary of Lots 1 through 7, Star View Subdivision, First Filing: A easement located within a portion of W :4 of the SW 1/4 of the SW 1/4 of Section 24, Township 20 South, Range 65 West of the Principal Meridian. Being more particularly described as follows: An access easement being 15.00 feet in width, 7.50 feet on each side of the following described centerline: BEGINNING at a point on the south line of the W % of the SW 1/4 of the SW 1/4 of said Section 24 from which the SW corner of said Section 24 bears S 89 0 23 1 29 11 W (bearings based on the south line of the W M of the SW 1/4 of the SW 1/4 of said Section 24 monumented at the SW corner of said Section 24 with a 7 "x 10" sandstone with a + on top and a No. 4 rebar with yellow plastic cap at the SW corner of Lot 1, Star View First Filing according to the recorded plat thereof assumed to bear S 89 0 23 1 29 "W), a distance of 421.62 feet; thence N 00 1 01 1 59 11 W a distance of 296.95 feet to the beginning of a curve to the left having a central angle of 06 0 15 1 35" and a radius of 200.00 feet, a distance of 21.85 feet; thence N 06 0 17 1 34 11 W a distance of 103.95 feet to the beginning of a curve to the left having a central angle of 09 0 13 1 57" and a radius of 200.00 feet, a distance of 32.23 feet; thence N 15 0 31 1 31 "W a distance of 151.80 feet to the beginning of a curve to the right having a central angle of 23 0 05 1 59" and a radius of 50.00 feet, a distance of 20.16 feet; thence N 07 0 34 1 28 11 E a distance of 59.33 feet to the beginning of a curve to the left having a central angle of 87 °44 and a radius of 50.00 feet, a distance of 76.57 feet; thence N 80 °10'13 "W a distance of 220.05 feet to the beginning of a curve to the right having a central angle of 80 0 10 1 13" and a radius of 50.00 feet a distance of 69.96 feet; thence N 00 °00 11 W a distance of 240.47 feet to the beginning of a curve to the left having a central angle of 16 0 30 1 22" and a radius of 200.00 feet, a distance of 57.62 feet; thence N 16 0 30 1 22 11 W a distance of 146.83 feet to the POINT OF TERMINUS on the southerly right - of - way line of West 24th Street and 7.50 feet east of the west line of the W % of the SW 1/4 of the SW 1/4 of said Section 24. It being understood that the sidelines of said easement extend or shorten as necessary to intersect the preceding and following courses and the sidelines of said easement extend or shorten as necessary to intersect the south line of the W % of the SW 1/4 of the SW 1/4 of said section 24 and the southerly right -of -way line of West 24th Street that the POINT OF BEGINNING and the POINT OF TERMINUS are a part of. 4h �. N _ " N U1 CA) ;0 � m rn� m 4 m� v m oG = mm n a Ir o w C9 C-CD� A � C) x of � RD 0 !!!!!! M v n � 11111 IN IN 1202435 01/27/1998 10:51A 83078 P457 DEED 5 of 5 R 26.00 D 0.00 Pueblo Ct.y Clk 8 Rec. Said easement contains 0.52 acres, more or less. Grantors further reserve to themselves, their heirs, devisees, successors and assigns an easement to that portion of the property being conveyed by this deed which lies between the access easement referred to above and the westerly boundary of Lots 1 through 7, Star View Subdivision, First Filing, said easement to be used for residential purposes and to maintain access to said Lots 1 -7, Star View Subdivision, First Filing.