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HomeMy WebLinkAbout8637RESOLUTION NO. 8637 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ALBERT THOMAS GUAY, JR. AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, the City of Pueblo is the lawful owner of Lot 26 in Block 38 in the former Town of South Pueblo and disputes Guay's color of title claim to said Lot 26; and WHEREAS, Guay has encroached upon said Lot 26 owned by the City and has erected structures thereon; and WHEREAS, City of Pueblo and Guay desire to settle and resolve this matter; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO, COLORADO, that: SECTION 1 An agreement dated March 8, 1999, between the City of Pueblo, a Municipal Corporation, and Albert Thomas Guay, of which a copy is attached hereto and on file at the office of the City Clerk, having been approved as to form by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is hereby authorized to execute and deliver said Contract on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk shall affix the Seal of the City thereto and attest same. SECTION 3. Payment in the amount of $3,920 shall be deposited in Account #145 - 1994 - 308 - 000 - 040 -8821. SECTION 4 This resolution shall become effective upon final passage. INTRODUCED March 22, 1999 BY: Robert Schillinc Councilperson APPROVED: • n r_ W President of the Council ATTEST: - •� 6 :1 to SETTLEMENT AGREEMENT THIS AGREEMENT is entered into this f - t b � day of i °`16 t h , 199 by and between the City of Pueblo, a Municipal Corporation (hereinafter referred to as "City ") and Albert Thomas Guay, Jr. (hereinafter referred to as "Guay "). RECITALS: WHEREAS, City is the owner of a parcel of land located within the County of Pueblo, State of Colorado and described in the deed recorded in Book 3068 at Pages 429 through 435 of the Records of Pueblo County, Colorado ( "City Parcel "); and WHEREAS, the City Parcel includes several lots located within Block 38 in the former Town of South Pueblo, now a part of the City of Pueblo, including Lot 26 in said Block 38; and WHEREAS, Guay is the owner of Lots 23, 24 and 25 in Block 38 in the former Town of South Pueblo, now a part of the City of Pueblo by virtue of a deed dated March 15, 1996 conveying said Lots to Guay and recorded in Book 2875 at Page 242 of the Records of Pueblo County, Colorado; and WHEREAS, Guay also asserts a claim to Lot 26 in Block 38 in the former Town of South Pueblo by virtue of the Deed recorded in Book 2875 at Page 242 of the Records of Pueblo County, Colorado; and WHEREAS, City is the lawful owner of Lot 26 in Block 38 in the former Town of South Pueblo and disputes Guay's color of title claim to said Lot 26; and WHEREAS, Guay has encroached upon said Lot 26 owned by City and has erected structures thereon; and WHEREAS, City and Guay desire to settle and resolve this matter; NOW THEREFORE, in consideration of the foregoing recitals and the payment made as hereinafter provided and the terms, provisions and mutual covenants expressed herein, the parties agree as follows: 1. In consideration of the sum of $3,920.00 in cash or certified funds being forthwith paid by Guay to City, City releases and forever discharges Guay from City's claims and demands against Guay for trespass to Lot 26 in Block 38 in the former Town of South Pueblo, now a part of the City of Pueblo, Colorado. 2. Upon receipt of the payment described in paragraph 1 of this Agreement, City shall deliver to Guay a duly executed quit claim deed conveying to Guay all of City's right, title and interest in said Lot 26, said deed to be substantially in the form attached to this Agreement as Exhibit M 3. Guay hereby releases and forever discharges City and City's officers, agents, employees and attorneys from all claims and demands he now has or may ever hereafter have against City, its officers, agents, employees and attorneys, whether known or unl no"n, arising from or related to City's ownership of said Lot 26 or City's ownership of the remaining property in the City Parcel. 4. Other than the specified claims released in paragraph 1 hereof, this Agreement does not release, discharge or affect in any manner, any present or future known or unknown claims or demands of City against Guay, whether arising in contract, quasi- contract, tort or equity, or which could be claimed to arise under contract, quasi - contract, tort or equity, including but not limited to any other trespass by Guay now or in the future to the remaining property in the City Parcel, or to other property owned by City or to streets, alleys and rights -of -way under the City's control and authority. Additionally, nothing in this Agreement shall be deemed or construed to be or create any limitation or condition whatsoever upon the future exercise of City's police powers with respect to Guay, the property owned by Guay or said Lot 26 in Block 38. 5. This Agreement shall be governed by and interpreted under the laws of the State of Colorado. It contains the entire agreement between the parties concerning its limited subject matter. The terms of this Agreement are contractual and not mere recitals. 6. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original. The signatures of the parties' representatives may be made on separate counterparts, provided each of the parties has executed at least one counterpart. Executed as of this 2 tCJ day of March _,1999 ATTEST: v CITY OF PUEBLO, a M i ipal Corporati n B resident of the City Council Albert Thomas Guay, Jr. Council Agenda A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ALBERT THOMAS GUAY, JR. AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME Agenda Item # Department: Planning and Development Date: March 8, 1999 ISSUE Should the City Council approve a Settlement Agreement between the City of Pueblo and Albert Thomas Guay, Jr.? BACKGROUND The City of Pueblo has purchased the D &RGW Freight Station property from the Union Pacific Railroad for a "bargain sale" price. The City of Pueblo is the lawful owner of Lot 26 in Block 38 in the former Town of South Pueblo and disputes Guay's color of title claim to Lot 26. A structure which has been constructed on the lot is an encroachment on said Lot 26. The same square foot "bargain sale" price that the City had purchased the property from the railroad was the negotiated price by the City in the amount of $3,920 for the 3,500 square foot lot. Funds from the sell of said Lot 26 will be credited to the account of the original purchase. RECOMMENDATION Approval of the Resolution. FINANCIAL IMPACT Funds in the amount of $3,920 will be credited toward the original purchase price of the freight station, which was $150,000. Funds shall be deposited in Account #145- 1994- 308 - 000 - 040 -8821. 111111 IIIII 111111111111111111111111111111111111111111 1271419 04/02/1999 11:19A QUIT Chris C. Munoz 1 of 1 R 6.00 D 0.00 Pueblo Cty Clk & Rec. QUIT CLAIM DEED THIS DEED, made this -f1n day of M o rr(ji , 199 ( 1 City of Pueblo, a Municipal Corporation, of the first part, and Albcrt Thomas Guay, Jr. of the second part, WITNLSSE "1'1 That the said party of llic first part, for and in consideration of the sum of Ten Dollars ($ 10.00) to the said party of the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its successors and assigns forever, all of the right, title, interest, claim and demand which the said party of the first part path in and to the following de- scribed real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: Lot 26 in Block 38, in the Former Town of South Pueblo, also known as street and number: c7 4 - G" , V i c (7 c�e Av( ,, o (( , TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the First part, either in law or equity, to the only proper use, benefit and bchoof of said part of the second part, his heirs and assigns forever. Grantee takes said right, title and interest of said party of the first part subject to all liens, encroachments, leases and environmental conditions, including both those of record and those not ol� record. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by the President of the City Council of Pueblo, and its corporate seal to be hercumQ Am-�,4ttestcd by its City Clerk, the day and year first above written. S E COUNTY OF PUEBLO STATE OF COLORADO ss. C1T 0 PUEBLO,. A CIPAL C 'fir 0 �ZATION B y U �- Ll,� -' resident of the City Council The foregoing instrument was acknowledged before me this % day of March , 199 9 by Corinne Koehler as President of City Council and Gina Dutcher, City Clerk. Witness my hand and official seal. My commission expires 2� -�`1 A .%f G .0 -O-O Notary Public JON Exhibit "A"