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Home My WebLink About110181729317 RES 06/07/2007 02:36:17 PM Page: I of I R 6.00 D 0.00 T 6.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc 1111 K r�r«IFAIN' hW IN IRM 11111 RESOLUTION NO. 11018 A RESOLUTION APPROVING QUIT CLAIM DEEDS CONVEYING REAL PROPERTY TO WL ENTERPRISES, LTD., A NEW MEXICO LIMITED PARTNERSHIP AND TO MARK T. UHERNIK, AN INDIVIDUAL, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deeds conveying title of real property to WL Enterprises, Ltd., a New Mexico Limited Partnership, and Mark T. Uhernik, an individual, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City.Council is authorized to execute and deliver the Quit Claim Deeds in the name of the City. The City Clerk is directed to affix the seal of the City thereto, attest same and caused said Quit Claim Deeds to be recorded in the office of the Pueblo County Clerk and Recorder. INTRODUCED: May 29. 2007 ;� r �<`I'•;' BY: Randy Thurston COUNCIL PERS APPROVED: PRESI NT 04F CITY COUNCIL ATTESTED BY: C Y CLERK /" -#-si/0� Background Paper for Proposed RESOLUTION ",' AGENDA ITEM # y DATE: MAY 29, 2007 DEPARTMENT: PUBLIC WORKS DIRECTOR — Danial E. Centa, P.E. TITLE A RESOLUTION APPROVING QUIT CLAIM DEEDS CONVEYING REAL PROPERTY TO WL. ENTERPRISES, LTD., A NEW MEXICO LIMITED PARTNERSHIP AND TO MARK T. UHERNIK, AN INDIVIDUAL, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City Council approve the conveyance of real property to WL Enterprises, Ltd., a New Mexico Limited Partnership and to Mark T. Uhernik, an individual. RECOMMENDATION Approval of this Resolution. BACKGROUND During the development of the property north and west of the property where the deeds mentioned above are located, the City secured warranty deeds for the installation of a sanitary sewer main and for future right -of -way for the then intended alignment of the extension of Dillon Drive, north of Eagleridge Boulevard. Since then, the property has been in the subdivision process (Eaglecross Business Center) and the new alignment of Dillon Drive is now changed significantly such that there is no longer a need for the additional property acquired for the right -of -way. A twenty-foot wide easement that coincides with the westerly twenty feet of said deeds is being dedicated on the aforementioned subdivision plat for the sanitary sewer main and other needs. This resolution restores the properties to the previous owners. FINANCIAL IMPACT There is no financial impact upon the City due this action. .,_ 17 QUIT 06/07/2007 02:36:17 PM Gilbert Ortiz Clerrk//Recorrder T Pueb / o County, Cc Bill K r�r «� a�Al"AKV1 N ,iii QUIT CLAIM DEED THIS DEED, Made this 29th day of May , 2007, between the City of Pueblo, a Municipal Corporation grantor, and Mark T. Uhernik whose legal address is 27455 Manning Road, Pueblo, CO 81006 of the County of Pueblo, and State of Colorado, grantee, W ITNESSETH, That the grantor for and in consideration of the sum of One Dollar and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT OC/ CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described in Exhibit "A" attached hereto and incorporated herein. 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 grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Documentation Fee: None Consideration Less than $500.00 STATE OF COLORADO COUNTY OF PUEBLO ) ss ) o" v a City of Pueblo, a Municipal Corporation By: PtAsident df City Council The foregoing instrument was acknowledged before me this 29th day of May 2007, by Judy Weaver, as President of the City Council and Gina Dutcher as City Clerk of the City of Pueblq,#,Mwicipal Corporation. Nom. A (J \G' ••� 9p�•., B 1,,. P� OF CO�.O official seal. 17Pa?,: 29318 QUIT 06/07/2007 02:36:17 PM bert Ortiz Cle o T Gi Pueblo County, Cc mill K rar10WIM a1'AMMt101 of iii Exhibit A A parcel of land being a portion of that Warranty Deed filed for record January 5. 2004 under Reception No. 1544764, and a portion of Storage Drive (to be vacated) located in Fountain Park Commercial Center. according to the recorded plat thereof. recorded in Book 1813 at Pages 533 -534, both in the records of the Pueblo County Clerk and Recorder, being more particularly described as follows: BEGINNING at the NE comer of that parcel of land described in said Warranty Deed. said point also being the NW corner of Lot 5. Block 1. Fountain Park Commercial Center, according to the recorded plat thereof. recorded in Book 1813 at Pages 533 -5 from which the SW'/ of Section 1, Township 20 South. Range 65 West of the Sixth Principal Meridian bears N 57 °56'23 "W. (Bearings based upon the south line of the SW' /a of said Section 1. monumented at the west end with a 2" iron pipe and 3" brass cap. PLS 9009, and at the east end with a no. 6 rebar and 2 - 1 ,." aluminum cap. PLS 10402. assumed to bear S 89 °00'30 "E) a distance of 4985.78 feet: thence southerly along the easterly line of said parcel the following (2) courses: 1) S 05 °06'47 "W. a distance of 157.07 feet 2) along the arc of a non tangent curve to the left. whose center bears N 84 °53`13 "E and having a central angle of 01°32'57" and a radius of 45050 feet. a distance of 12.17 feet; thence along the arc of a non tangent curve to the left. whose center bears S 67'26'377W and having a central angle of 08 ° 38' 15" and a radius of 1000.00 feet, a distance of 150.75 feet to a point located in said Storage Drive (to be vacated): thence N 57'05'1'3"E. a distance of 62.94 feet to the POINT OF BEGINNING. Said parcel contains 0.10 acres. more or less. SURVEYOR NO. 16128 V T Y d 7 0 r � tomes I+I m tl �Fa Z (4 L No W ( DOW O Y 0� 4L � 00 My 99N m tla =_ r a "' M+ac� A PORIJON OF ME SE 114 OF SECTION 12, TOWNSHIP 20 SOUTN, RANGE 65 WEST OF- ME SU7H PRINCIPAL MERIDIAN. CITY OF PUEBLO, PUEBLO COUNTY COLORADO. SW CORNER SECTION I FOUND 2' IRON PIPE AND 3' BRASS CAP P.L.S. NO. 9009 89_00.30' E ASSULIm BASLS-OF- BEARINGS - - --- SOUTH UNE SW 114 SEC71ON I p s' S 114 CORNER SECTION 7 FOUND NO. B RE84R *17H 2 1 P. LS. NO. U 10402 1 POINT OF BEGINNM/G I1;1 NW CORNER LOT 5 -- �NORT3l UNE SE 114 r! NE CORNER PARCEL DESCRIBED SEC7KNJ 12I . AT RECEPTION Na 1544764 � C*j a SG�QC LOT 5 y6 s� r� z £�Z FOUNTAIN PARK O " COMMERCUIL CENTER L + o� t 3z Y w R-450 .07 , A- 1'32'57' N SCALE f'= 30' 7 Sire. 4718 Meru ®bM h - NMh M 0 196 -EMB�! 1119) SM -0!L' Fm (719) !N Ml0 17293 g : Q I R 0fi /00 / 0 2:3 : 7 PM GI Grtiz ClerORecorer, Pueblo County, Co ■iii 11 ~911, ,�a�il � �iiii QUIT CLAIM DEED THIS DEED, Made this 29th day of May , 2007, between the City of Pueblo, a Municipal Corporation grantor, and WL Enterprises, Ltd., a New Mexico Limited Partnership whose legal address is 4718 N. Elizabeth Street, Suite A, Pueblo, CO 81008 of the County of Pueblo, and State of Colorado, grantee, W ITNESSETH, That the grantor for and in consideration of the sum of One Dollar and other good and f U valuable consideration the receipt and sufficiency of which is hereby acknowledged, has remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described in Exhibit "A" attached hereto and incorporated herein. 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 grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Documentation Fee: None Consideration Less than $500.00 - -- ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of May 2007, by Weaver, as President of the City Council and Gina Dutcher as City Clerk of the City of PAal Corporation. official seal. My commission p; L LA G Op C01-OP City of Pueblo, a Municipal Cor oration - �` Pr6kident o City Council Attest: City Clerk STATE OF COLORADO ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 29th day of May 2007, by Weaver, as President of the City Council and Gina Dutcher as City Clerk of the City of PAal Corporation. official seal. My commission p; L LA G Op C01-OP 17 QUIT 06/07/2007 02:36:17 PM Gl lbert Orti Or tiz Clerk/Rec r rT Pueblo County, Cc Bill r�r«a ES��ki � WN ,iii 1 Exhibit "A" A parcel of land being a portion of that Warranty Deed tiled for record January 5. 2004 under Reception No. 1644762 in the records of the Pueblo County Clerk and Recorder. said parcel being located within Lots 1 -9. Block 2 of Fountain Park Commercial Center according to the recorded plat thereof filed for record May 14. 1976 in Book 1813 at Pages 633 -634 of the records of Pueblo County Clerk and Recorder, and a portion of the South'/ of Section 1. and the East V of Section 12. Township 20 South, Range 66 West of the Sixth Principal Meridian being more particularly described as follows: BEGNNNG at a point on the south line of Lot 1. Block 2 of said Fountain Park Commercial Center from which the southwest corner of said Lot 1 bears S 49 °07 °29 "W (bearings based on the south line of Lot 1. Block 2 of said Fountain Park Commercial Center assumed to bear N 49 °07'29 "E, all bearings need to be rotated 1 °34'66" counter clockwise to match said plat) a distance of '- feet: thence N 04 °39'20 "W a distance of 164.27 feet to a curve to the left having a central angle of 4 °06'38 ", a radius of 460.00 feet. a distance of 32.13 feet: thence N 08 °44'48 "W a distance of 1400.32 feet to a curve to the left having a central angle of 11 °26'03 ". a radius of 460.00 feet. a distance of 89.80 feet: thence N 20° 10' 51 "W a distance of 2210.16 feet: thence N 69 °61'66 "E. a distance of 100.00 feet; thence S 20° 10'61 "E. a distance of 3210.16 feet to a curve to the right having a central angle of 11 °26'03 ". a radius of 660.00 feet. a distance of 109.76 feet: thence S 08 °44'48 "E, a distance of 1400.32 feet to a curve to the right having a central angle of 04 °05'28 ", a radius of 660.00 feet, a distance of 39?7 feet: thence S 04 °39'20 "E, a distance of 81.02 feet to the south line of said Lot 1. Block 2: thence along said south line S 49 °07'29 "W. a distance of 123.96 feet to the PONT OF BEGINNING. Said parcel contains 8.87 acres more or less. SURVEYOR NO. 16128 C:' %Documents and Settingsvmangini�Local SettingsJemporary Internet Files %OLK611,dillon- new.doc E- '�y�ryr�IrT� A PORTION OF THE SE 114 OF SECTION 1 AND A PORTION OF THE NE 114 OF SECTOIN 12, TROWNSHIP 20 SOUTH, RANGE 65 WEST OF THE SIXTH PRINCIPAL MERIDINA. CITY OF PUEBLO, PUEBLO COUNTY, COLORADO. V -® T Y a o r soma mm 3� w a m� mmi mm L cm Y E D Y D 0 FLL'U� M O ff : wl 00 0) M+ M „ L Nom= eau® N SCALE 1 = 30 LINE TABLE LJNE LENGTH BEARING V I 51.m I SD4'392 L2 12.195 a L3 IW27 •J9• w LA 15.T2 S49 CURVE TABLE CURVE LENGTH RADIUS DELTA C7 109.76 35800 8' ' f1 J917 350.03 CJ .1213 }30.00 CI 9258 58 7..T3 iyuyiulRrrW, 9xe. named r,�droen ma rnra.mnd Lma DETAIL A (NOT M SCALE)