HomeMy WebLinkAbout10152RESOLUTION NO. 10152
A RESOLUTION APPROVING THE CONVEYANCE BY QUIT CLAIM DEED OF PROPERTY
ACQUIRED BY PUEBLO, A MUNICIPAL CORPORATION TO THE STATE OF COLORADO FOR
THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF
THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED
THEREWITH
WHEREAS, the City of Pueblo and the State of Colorado desire to obtain property needed
for the construction the Arkansas River Corridor Legacy Project and the expansion of Lake Pueblo
State Park; and
WHEREAS, the State of Colorado, on May 24, 2004, granted an Easement and Right of
Way at no cost to the City for the Arkansas River Corridor Legacy Project; and
WHEREAS, the City, on June 1, 2004, purchased a pasture and recreation easement that
encumbered property purchased by the State of Colorado for the expansion of Lake Pueblo State
Park; and
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Quit Claim Deed conveying property to the State of Colorado, a copy of which is
attached hereto, 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 the Quit Claim
Deed in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City
Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3_
The resolution will become effective upon final passage.
INTRODUCED June 14. 2004
BY Michael Occhiato
Councilperson
APPROVED: kd��
PRESIE OF CITY COUNCIL
ATTESTED BY:
CITY CLERK
4;60. 1`10152
Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 1 O
DATE: JUNE 14, 2004
DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH
PLANNING DEPARTMENT /CATHY GREEN
TITLE
A RESOLUTION APPROVING THE CONVEYANCE BY QUIT CLAIM DEED OF
PROPERTY ACQUIRED BY PUEBLO, A MUNICIPAL CORPORATION TO THE STATE
OF COLORADO FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT,
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND
ALL OTHER DOCUMENTS ASSOCIATED THEREWITH
ISSUE
Should City Council approve the conveyance by quit claim deed to the State of Colorado
of certain property acquired by the City of Pueblo for the Arkansas River Corridor Legacy
Project?
RECOMMENDATION
Approval of the Resolution.
BACKGROUND
The conveyance by quit claim deed to the State of Colorado of the recreation and pasture
rights and easement purchased by the City from the Divelbiss Family is the final step in a
three -way land transaction. The State of Colorado purchased the 225 -acre Valco Chain
of Lakes property from Valco, Inc. in early May, 2004. The State property contained 2.2
miles of property along the Arkansas River that was needed by the City for the river
habitat restoration project. The State of Colorado granted the easement to the City for
the river habitat restoration project, valued at $160,666, at no cost on May 24, 2004.
On June 1, 2004 the City finalized the purchase of a recreation and pasture easement
from Richard L. Divelbiss in the amount of $75,000 that had encumbered the properly
purchased by State Parks from Valco, Inc. The final step in the transaction is the
conveyance of a quit claim deed for the pasture and recreation easement purchased by
the City from Mr. Divelbiss to the State of Colorado. The easement is being conveyed to
the State of Colorado at no cost.
FINANCIAL IMPACT
The donation of the Easement and Right- of-Wey from Colorado State Parks has a
$160,666 appraised value. The difference between the $75,000 price paid by the City for
the Divelbiss recreation and pasture easement and the State of Colorado easement for
the Arkansas River Legacy Project is $85,666. The $85,666 will be utilized as part of the
City of Pueblo's matching funds for the Army Corps of Engineers Habitat Restoration
Project and the Great Outdoors Colorado grant for the Arkansas River Corridor Legacy
Project.
The following breakdown shows the funds that have been reimbursed by project partners
through December 31, 2003:
LEGACY PROJECT RECAP
Project
Sources of Funds
Project
Reimbursement
Arkansas River Habitat
Improvements
Greenway & Nature Center
Environmental Ed. Area
River Trail Replacement
Pueblo Zoo — River Otter
Sub -total Reimbursements
Trout Unlimited $ 10,000
Pueblo County $ 15,000
Board of Water Works $132,000
Packard Foundation $ 50,000
Board of Water Works $ 93,000
CDBG Funds $ 53,566
Pueblo County $ 10
Pueblo Zoological Society $100,000
$463,666
Project Reimbursements
Billed in 2003
River Habitat Restoration
Pueblo County
River Trail Replacement
Pueblo Zoo — Otter Exhibit
CDOT Enhancement Funds
Pueblo County
Pueblo County
$131,250
$ 70,000
Total Including Project
Reimbursements Billed in 2003
$794,816
There has been no additional billing of grant agencies or project partners through June
14, 2004.
Reception 157202
06/23/2004
QUIT CLAIM DEED
THIS DEED, made this /`t` day of 200, between the
City of Pueblo, Colorado, a Municipal Corporation (also known as City of Pueblo, a Municipal
Corporation) ( "Grantor") whose address is 1 City Hall Place, Pueblo, Colorado, 81003 and the
STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL.
RESOURCES for the use and benefit of the DIVISION OF PARKS AND OUTDOOR
RECREATION ( "Grantee "), whose address is 1313 Sherman Street — Room 618, Denver,
Colorado, 80203.
WTTNESSETH, that the Grantor, for and in consideration of Ten Dollars
($10.00) in hand paid by the Grantee, and for other good and valuable consideration, the receipt
whereof is hereby acknowledged, has remised, released, sold, conveyed, and quit claimed and by
these presents does remise, release, sell, convey and quit claim unto Grantee, and its heirs and
assigns, forever, all the right, title, interest, claim, demand and all other right, title and interest,
including any rights of pasturage and recreational rights which the Grantor has in and to the
following property being in the County of Pueblo and State of Colorado, described as follows:
Parcel #1
68.9 acres of land in Sections 32 and 33, Township 20 South, Range 65 West of the 6 P.M.,
located North of the Denver & Rio Grande Railroad right -of -way, all in Pueblo County, as
shown on that certain survey made by Simon F. Elliott, dated April 15, 1965, and made a part
hereof by reference.
And also described as:
A certain parcel of land, as described in the recorded in Book 1673 at Page 838 of the records of
Pueblo County, being all of lots 1 to 6, both inclusive, and part of lots 7, 8 and 16; all of lots 17
to 37; both inclusive; all of Fillmore Avenue, and part of Fitch Avenue and Garden Avenue, all
of the aforementioned being in Pueblo Gardens, according to the recorded plat thereof, filed for
record May 15, 1882; part of the SWI /4 of the NEI /4, parts of lots 3 and 4; part of the SWI /4 of the
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NWI /a (lot 5) and part of the NWI /4 of the SW /a, all the aforementioned being in Section 33; part
of lot 1, of Section 32; all of the aforementioned being in Township 20 South, Range 65 West of
the 6` Principal Meridian, more particularly described as follows:
Beginning at a point on the Section line common to said Sections 32 and 33, 90.00 feet
north of the one - quarter corner common to said Sections 32 and 33; thence
South 55°53'
West a distance of 96.00 feet;
South 24
West a distance of 268 feet;
South 29a 17'
West a distance of 190 feet;
South 39°03'
West a distance of 431 feet;
South 30°23'
West a distance of 217 feet;
South 24°23'
West a distance of 120 feet;
South 28°37'
East a distance of 104 feet;
more or less to a point on the northerly right -of -way line of the Denver & Rio Grande Western
Railroad; thence northeasterly, along the courses of the said Denver & Rio Grande Western
Railroad northerly right -of -way line to a point on said right -of -way line whence the southeast
corner of the SWI /4 of the NEI /4 of Section 33 bears South 59a17'East a distance of 790.82 feet;
thence North l 1a39'West a distance of 25.00 feet to a point on the south bank of the Arkansas
River; thence along the south bank of the Arkansas River along the following two (2) courses:
North 41a57'West a distance of 276.19 feet;
North 36 a distance of 509.72 feet;
to a point on the north line of the said SWI /4 of the NEI /4 of Section 33; thence North
89 along the said north line of the SWI /4 of the NEI /4 and along the north line of the
said lot 4 of Section 33, a distance of 1080.85 feet; thence North 0'54'East, along the east line of
the W'h of the NEI /4 of the NWI /4 (across Lot 3) of the said Section 32 a distance of 227.19 feet
to a point on the south bank of the Arkansas River; thence along the south bank of the Arkansas
River along the following nine (9) courses:
North 81 West a distance of 285.31 feet;
South 54°28' West a distance of 286.05 feet;
South 37°34' West a distance of 215.00 feet;
South 69°54' West a distance of 165.00 feet;
South 40°04' West a distance of 215.00 feet;
South 58°04' West a distance of 628.00 feet;
South 79°40' West a distance of 233.50 feet;
South 86 West a distance of 84.00 feet;
South 85°12' West a distance of 240.22 feet;
to a point on the said Section line common to Sections 32 and 33; thence due south a distance of
547.34 feet to the point of beginning, having an acreage of 68.9 acres, more or less; and all
pasturage and recreational rights therein.
Parcel #2
All of Lots 7, 8, 9, 10, 11, unlabeled portion on Pueblo Garden Plat (believed to be Lot
14), Lots 15 and 16, Pueblo Gardens as shown by the recorded plat on record in Pueblo County,
Colorado, in Book 1B, Page 18 of Plats dated May 15, 1882, including any property interest
included in abandoned Fitch Avenue and Garden Avenue as shown on said Plat; and all
pasturage and recreational rights therein.
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TO HAVE AND TO HOLD THE SAME, together with all and singular, the
appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title,
interest and claim whatsoever of the Grantor, either in law or equity, to the only proper use,
benefit and belief of the Grantee its heirs and assigns, forever.
RESERVING, however, in perpetuity to Grantor, its successors and assigns, all rights and
use in, under and to the perpetual and assignable easement and right of way over, under and
across the above described property which has heretofore been granted to Grantor under that
certain instrument captioned "Grant of Easement and Right of Way" filed of record in the office
of the Clerk and Recorder of Pueblo County, Colorado on June 4, 2004 at Reception No.
1569185.
IN WITNESS WHEREOF, the Grantor has executed this deed on the day and year first above
written date se44f pb4te.
� 04
CITY OF PUEBLO, COLORADO
A MUNICIPAL CORPORATION
V k
ATTEST: ' y
City k President the City Council
APPROVED AS TO FORM:
City Atto ey
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ChrisC.Munoz puehloCtyClk6R
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 18th day of
June , 2004 by Randy Thurston , President of the City
Council of Pueblo, and by Gina Dutcher , its City Clerk.
My commission expires: 8-21-
Notary Public