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HomeMy WebLinkAbout10350RESOLUTION NO. 10350 A RESOLUTION ACCEPTING A WARRANTY DEED FROM SCHOOL DISTRICT 60 FOR RIGHT -OF -WAY IN THE 500 BLOCK OF MICHIGAN AVENUE AND APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SCHOOL DISTRICT 60 FOR THE CONSTRUCTION OF A STUDENT DROP -OFF AREA IN THE 500 BLOCK OF MICHIGAN AVENUE. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Warranty Deed, attached hereto from School District 60, to the City of Pueblo, a municipal corporation, having been approved as to form by the City Attorney, is hereby approved and accepted. The City Clerk is directed to record the Warranty Deed. SECTION 2. The Contract, attached between the City of Pueblo, a Municipal Corporation, and School District 60 concerning the requirements for the construction of a student drop -off area in the 500 block of Michigan Avenue, having been approved as to form by the City Attorney, is hereby approved. SECTION 3. The President of the City Council is hereby authorized to execute this contract for and on behalf the City and City Clerk is authorized and directed to attest same and affix the seal of the City thereto. SECTION 4. This Resolution shall become effective upon final passage and approval. INTRODUCED March 28, 2005 BY Michael Occhiato Councilperson APPROVED: PRES1DENT 9F CITY C IL ATTESTED BY: CITY CLERK Qaou 10350 WON Background Paper for Proposed RESOLUTION AGENDA ITEM # ) I DATE: March 28, 2005 DEPARTMENT: PUBLIC WORKS DAN CENTA, P.E. TITLE A RESOLUTION ACCEPTING A WARRANTY DEED FROM SCHOOL DISTRICT 60 FOR RIGHT -OF -WAY IN THE 500 BLOCK OF MICHIGAN AVENUE AND APPROVING A CONTRACT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND SCHOOL DISTRICT 60 FOR THE CONSTRUCTION OF A STUDENT DROP -OFF AREA IN THE 500 BLOCK OF MICHIGAN AVENUE. ISSUE Should the City Council approve a resolution that accepts a warranty deed from School District 60 for right -of -way in the 500 block of Michigan Avenue and approve a contract between the City of Pueblo and School District 60 for the construction of a student drop -off in the 500 block of Michigan Avenue? RECOMMENDATION Approval of the Resolution BACKGROUND School District 60 has approached the City of Pueblo with a request that the City accept a warranty deed from School District 60 for the expansion of the cul-de -sac on Michigan Avenue for the purpose of construction of a student drop-off in the 500 block of Michigan Avenue. The expansion of the cul -de -sac necessitates the warranty deed for the additional public right -of -way. This resolution also accepts the contract between the City and School District 60, which details within the agreement, the construction and required maintenance of the facility. FINANCIAL IMPACT There is no financial impact to the City. AGREEMENT This Agreement entered into as of a chber_ 28, ,�N4 between Pueblo, a municipal corporation ( "City") and Pueblo School District No. 60 ( "District "), Witnesseth Whereas, District desires to use the Michigan Avenue right -of -way as a student drop -off area for Central High School, and Whereas, additional right -of -way will be needed to be conveyed to the City for such purpose and accepted by the City Council of City, and Whereas, the expanded right -of -way will remain open to the public but designated as a passenger loading zone, and Whereas, City is willing to designate the expanded right -of -way as a passenger loading zone upon the terms and conditions herein set forth. Now, Therefore, in consideration of the foregoing and mutual promises set forth herein, City and District agree as follows: 1. So long as District meets and complies with the conditions and requirements set forth in paragraph 2 hereof, City will designate the expanded Michigan Avenue right -of -way as a passenger loading zone. 2. District shall: (a) construct the passenger loading zone in compliance with the attached construction drawings and specifications approved by the City's Traffic Engineer, Drainage Engineer and City Engineer. (b) landscape the expanded right -of -way in accordance with landscaping plans approved by the City's designated review agency under Section 17 -4 -7 of the Pueblo Municipal Code, and thereafter irrigate and maintain the landscaping in good condition and repair. (c) resurface the entire right -of -way and replace all damaged curb and gutters. (d) remove the existing driveway cut on Orman Avenue at Broadway Avenue used for the original student drop -off and resurface the area. (e) remove the bollards at the intersection of Orman Avenue and Michigan Avenue previously used to chain off the right -of -way. (f) execute, acknowledge and deliver to City the warranty deed attached hereto and title insurance insuring marketable fee simple title in the name of the City to the property described in the attached warranty deed. 3. City and District hereby acknowledge and agreed that this Agreement is only to convey the relative rights and obligations between the City and District, and that no third party beneficiaries are intended. 4. District represents and warrants that this Agreement has been duly authorized, executed and delivered by District and constitutes the legal, valid and binding obligation of District. Executed at Pueblo, Colorado the day and year first above written. Attest: City- erk Attest: Name: Goya /dim / 9 > Title: 5eC/^tL" fo ya"." L Pueblo, a Municip 7 , :MCorp ti Zoe i ron y Pueblo •o •1 Bv i - �., PROPERTY TRANSFER c l CENTRAL HIGH SCHOOL 2 cf 3 MICHIGAN CUL -DE -SAC . rm, m • =II CAS'3.,6i' Resolution No. 10350 WARRANTY DEED March, 2005 THIS DEED, Made this 28th day of August 300+beetween PUEBLO SCHOOL DISTRICT 60 of the City of Pueblo, County of Pueblo and State of COLORADO, grantor, and PUEBLO, A MUNICIPAL CORPORATION whose legal address is 1 City Hall, Pueblo, Colorado 81003 of the County of PUEBLO and State of COLORADO, grantee: WITNESS that the grantor for and in consideration of the sum of ONE DOLLAR, 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 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 and State of COLORADO, described as follows: AREA 1— RIGHT -0F -WAY DEDICATION A PORTION OF THE SOUTH ONE -HALF OF THE NORTHWEST 1 /4 0F SECTION 1, IN TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6' P. M., PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE WESTERLY PROPERTY CORNER OF LOT 10, BLOCK 142, SOUTH PUEBLO SUBDIVISION, ALSO BEING THE POINT OF BEGINNING, THENCE N44 0 59'21 "W, A DISTANCE OF 100.00 FEET ALONG THE NORTHEASTERLY RIGHT -0F -WAY LINE OF MICHIGAN AVENUE TO THE SOUTHERLY PROPERTY CORNER OF LOT 23, BLOCK 132, SOUTH PUEBLO SUBDIVISION; THENCE N 44 0 59'21" W, A DISTANCE OF 34.00 FEET; THENCE N45°00'29" E, A DISTANCE OF 7.00 FEET; THENCE S 44 °59'21" E, A DISTANCE OF 34.00 FEET TO THE SOUTHEASTERLY PROPERTY LINE OF LOT 23, OF BLOCK 132; THENCE S 44 °59'21" E, A DISTANCE OF 100.00 FEET TO THE NORTHWESTERLY PROPERTY LINE OF LOT 10, BLOCK 142; THENCE S 45°00'29" W, A DISTANCE OF 7.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 938 SQUARE FEET MORE OR LESS. AREA 2 — RIGHT -0F -WAY DEDICATION A PORTION OF THE SOUTH ONE -HALF OF THE NORTHWEST' /4 OF SECTION 1, IN TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6' P. M., PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHERLY PROPERTY CORNER OF LOT 23, BLOCK 132, SOUTH PUEBLO SUBDIVISION, ALSO BEING THE POINT OF BEGINNING, THENCE S45 W, A DISTANCE OF 15.00 FEET ALONG THE NORTHWESTERLY RIGHT -0F -WAY LINE OF MICHIGAN AVENUE TO THE NORTHEASTERLY LINE OF THE CITY OF PUEBLO DEEDED RIGHT -01 FORMERLY A PORTION OF LOT 8 OF THE COLORADO COAL & IRON DEVELOPMENT COMPANY'S SUBDIVISION; THENCE N 44 °59'21" W, A DISTANCE OF 34.00 FEET, THENCE N45°00'29" E, A DISTANCE OF 15.00 FEET; THENCE S44 °59'21" E, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 510 SQUARE FEET MORE OR LESS. AREA 3 — RIGHT -0F -WAY DEDICATION A PORTION OF THE SOUTH ONE -HALF OF THE NORTHWEST SECTION 1, IN TOWNSHIP 21 SOUTH, RANGE 65 WEST, OF THE 6TH P. M., PUEBLO COUNTY, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOW` 1111111111111111111111111111111111111111111111111111111 P 6$ 458� Chris C. Munoz Pueb1oCtyC1k &Rec WD R 11.00 D 0.00 BEGINNING AT THE SOUTHERLY PROPERTY CORNER OF LOT 23, BLOCK 132, SOUTH PUEBLO SUBDIVISION, THENCE S 45 W, A DISTANCE OF 105.00 FEET ALONG THE NORTHWESTERLY RIGHT -OF -WAY LINE OF MICHIGAN AVENUE TO THE SOUTHERLY CORNER OF THE CITY OF PUEBLO DEEDED RIGHT -OF -WAY, FORMERLY A PORTION OF LOT 8 OF THE COLORADO COAL & ,RON DEVELOPMENT COMPANY'S SUBDIVISION TO THE POINT OF BEGINNING, THENCE S 45 W, A DISTANCE OF 21.00 FEET; THENCE N 44 °59'21" W, A DISTANCE OF 34.00 FEET; THENCE N45°00'29" E, A DISTANCE OF 21.00 FEET; THENCE S44 °59'21" E, A DISTANCE OF 34.00 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 714 SQUARE FEET MORE OR LESS. TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining and 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, its successors and assigns forever. And the grantor, for itself, its successors and assigns, does covenant, grant, bargain, and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and in estate of inheritance, in law, in fee simple, and has good right, full power and lawfid authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever land or nature socver, except easements, restrict ions, covenants, conditions, reservations and rights of way of record, if any; The grantor 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 lawfully claiming the whole or any part therof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN vaTNESS WHEREOF the grantor has executed this deed on the date set forth above. PUEBLO SCHOOL DISTRICT 60 �f •''•• se 7 BY ca : Y E KR� S Op/ KATHLEEN KENNEDY AS PRESIDENT OF TW �' i/t • 1955T. /S�t p r. BOARD OF SCHOOL DISTRICT 60 TAM. ORADO 9D e�r7 } ss. The foregoing instrument w acknowledged before County of PUEBLO } me this d 9 day of (S9= , 2004 by Kathleen Kennedy, as President of the Board of Pueblo School District 60. Witness my hand and official seal. My commission expires g 0 L m - - 1 r =8M IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII a 61458317A C hris C. Munoz PuebloCtyClk &Rec WD R 11.00 D 0.00