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Home My WebLink About09619RESOLUTION NO. 9619 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FROM LT PROPERTIES, INC., A DELAWARE CORPORATION, FOR PARK PURPOSES WHEREAS, LT Properties, Inc., the owner of real property described in Exhibit "A" of a Special Warranty Deed dated February 16, 2001, has granted a deed to the City of Pueblo for parcels of land totaling 18.937 acres; and WHEREAS, the land is being deeded to the City to fulfill the park dedication requirement for the Eagleridge Master Plan (Amended); BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Deed, a copy of 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. INTRODUCED: June 10, 2002 BY: Al Guru 1 e CO CIL PERSON APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: `� t ITY CLERK ID -N C�� ID A I FA U 4 C — A rl�q Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: June 10, 2002 DEPARTMENT: PUBLIC WORKS, Tom Cvar TITLE A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FROM LT PROPERTIES, INC., A DELAWARE CORPORATION, FOR PARK PURPOSES ISSUE Should City Council accept a deed from LT Properties, Inc., to fulfill the park dedication requirements for LT Properties' holdings within Eagleridge Master Plan ( Amended ) Approval of this Resolution BACKGROUND LT Properties, Inc., owns a large tract of land within the Eagleridge Master Plan and is developing the property in phases. The City's subdivision ordinance requires that the developer dedicate 8% of residential development land for park purposes. The location of the proposed park is outside of the boundaries of the plat for the initial phase of the development ( Eagleridge Estates). Therefore, the developer proposes to deed the land to the City until such time as the park area and adjacent land is subdivided in the future. At that time, the park will be dedicated on the subdivision plat. The combined area of the two parcels is enough to satisfy the entire park dedication requirement for all of LT Properties' holdings within the Eagleridge Master Plan. ( See attached vicinity map for location) FINANCIAL EWPACT There is no financial impact to the City from accepting this land. Any improvements on the property other than park development, such as drainage channels and future roadway, will be made by the developer per the Subdivision Improvement Agreement_ 1445225 III 1111111111111 Page: 1 of 4 Reso. #9619 06/19/2002 10:531 ChrisC.Munoz Pueb1oCtyC1k &Reo WD R 20.00 0 0.00 SPECIAL WARRANTY DEED THIS DEED, Made this 16th of the County of Salt Lake day of February , 2001, between whose legal address is 1 City Hall Place, Pueblo, CO of the County of Pueblo and State of LT PROPERTIES, INC., a Delaware Corporation and State of Utah , grantor and PUEBLO, a Municipal Corporation 81003 Colorado , grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration --------------------------------------- - - - - -- DOLLARS, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pueblo and State of Colorado , described as follows: See attached EXHIBIT A also known by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. The grantor, for himself, his heirs and personal representatives or successors, do covenant and agree that he shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the grantor. The singular number shall include the plural, the plural and the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. LT PROPERTIES, INC., a Delaware Corporation Attest: Lawrence W. Pinnoc Patrick Bienvenue, President STATE OF UTAH ) ) ss. County of Salt Lake ) The foregoing instrument rar— acknowledgcd before me thris- -16tr, day of February, 2001, by Patrick Bienvenue as President and of LT Properties, Inc., a Delaware Corporation. Witness my hand and official seal. My commission expires: June 1 ", 2004 r no�oa i ve ' Notary ublic R S eA ts2o Eat SouU► 7smple MMy�Ex L State t of Ut J ..��.lin�rr •�re1 ANN Resolution #9619 1445225 Page: 2 of 4 06/19/2002 10:531 Chr PuabloCtyClk &Rec WD R 20.00 D 0.00 EXHIBIT A LAND DESCRIPTION OF PARK PARCELS: A parcel of land in the NE 1 /4 and in the SE 1 /4 of Section 11, Township 20 South, Range 65 West of the 6th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the East line of the NE 1 /4 of said Section 11 to bear N. 00 0 31'24" W. and all bearings contained herein being relative thereto. Beginning at the Northernmost corner of Eagleridge, First Filing, according to the recorded plat thereof, filed for record September 27, 1982; thence N. 34 0 3739" W., a distance of 457.49 feet to the South line of a power easement conveyed by easement recorded in Book 1300 at Page 223 and in Book 1537 at Page 757 of the Pueblo County records; thence N. 52 0 36'56" E., along said South line, a distance of 595.23 feet; thence S. 37 0 23'04" E., a distance of 205.09 feet; thence Southwesterly, along the arc of a curve to the left whose center bears S. 53 0 2223" E. and whose radius is 390 feet, a distance of 123.45 feet; thence S. 18 0 29'26" W., a distance of 269.85 feet; thence Southwesterly, along the arc of a curve to the right whose radius is 310 feet, a distance of 199.85 feet; thence S. 55 0 25'40" W., a distance of 93.48 feet to the Point of Beginning. Containing 5.095 acres. AND A parcel of land in the NE 1 /4 and in the SE 1 /4 of Section 11 and in the SW 1 /4 of Section 12, Township 20 South, Range 65 West of the 6 P.M. and being more particularly described as follows: Considering the East line of the NE 1 /4 of said Section 11 to bear N. 00 0 31'24" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Ridge Gate, Filing No. 1, A Special Area Plan, according to the recorded plat thereof, filed for record August 24, 1983; thence S. 00 0 42'23" W., along the West subdivision boundary line of said Ridge Gate, Filing No. 1, a distance of 239.97 feet to the True Point of Beginning of the parcel of land herein described; thence continuing Southerly, along said West boundary line the following two (2) courses: 1. S. 00 0 42'23" W., a distance of 361.98 feet; 1445225 Page: 3 of 4 06/19/2002 10:531 ChrisC.Munoz Pueb1oCtyC1k &Rec WD R 2 D 0 2. along the arc of a curve to the right whose radius is 550 feet, a distance of 180.45 feet (184.44 feet, plat) to the North right -of -way line of Eagleridge Boulevard, as platted in Eagleridge, First Filing, according to the recorded plat thereof, filed for record September 27, 1982; thence Northwesterly, along said North right -of -way line the following five (5) courses: 1. N. 64 0 06'05" W., a distance of 28.28 feet (28.37 feet, plat); 2. along the arc of a curve to the left whose radius is 550 feet, a distance of 213.79 feet (213.58 feet, plat); 3. N. 86 0 24'07" W., a distance of 103.55 feet (N. 86 0 21'05" E. 103.61, plat); 4. along the arc of a curve to the right whose radius is 630 feet, a distance of 568.87 feet (569.34 feet, plat); 5. N. 34 0 3739" W. (N. 34 0 34'20" W., plat), a distance of 374.13 feet; thence N. 55 0 25'40" E., a distance of 93.40 feet; thence a curve to the left whose radius is 390 feet, a distal 18 0 29'26" E., a distance of 256.10 feet; thence S. 47` feet; thence S. 37 0 23'04" E., a distance of 712.97 fE distance of 282.12 feet to the Point of Beginning. Containing 13.842 acres. Northeasterly, along the arc of ce of 251.42 feet; thence N. 13'47" E., a distance of 53.65 at; thence S. 89 0 17'37" E., a Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, CO 81003 August 29, 2000 JN 95 026 04 1445225 I I I , I I , I , I I , I 1 , I I , 1 I I � I , I I , I I , I .m , I I I I I I I I I I� I a I 1 I ' o I I I I I i I I I� I o i I I a I I , I � Y i Y i i P � x F I I"III "I'I 111111 III' iillll I'I' 1111111 "III III IN 06/19/2002 10: ChrisC.Munoz PuebloCtyCik &Rec WD R 20.00 D 0.00 EXHIBIT B I E A G L E R/ D G E E S T A T E S N52'36'S6 E 595.23' P4RX NORTH _ _ _ 5.095 ACRES -