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HomeMy WebLinkAbout11054RESOLUTION NO. 11054 A RESOLUTION TRANSFERRING TWO (2) CITY OWNED PARCELS OF LAND TO PEAK VIEW BUSINESS CAMPUS, LLC, A COLORADO LIMITED LIABILITY COMPANY FOR THE INCLUSION AND DEDICATION AS RIGHT -OF -WAY ON THE FUTURE PLAT OF PARK WEST BUSINESS CAMPUS, FILING NO. 5. WHEREAS, the City of Pueblo, a Municipal Corporation, the owner of real property adjacent to the approved plat of Park West Business Campus, Filing No. 5; and WHEREAS, the said land is being transferred to PEAK VIEW BUSINESS CAMPUS, LLC, A COLORADO LIMITED LIABILITY COMPANY to be included and dedicated on the approved plat of Park West Business Campus, Filing No. 5 for right -of -way for 31S Street and Spaulding Avenue; and WHEREAS, if PEAK VIEW BUSINESS CAMPUS, LLC, A COLORADO LIMITED LIABILITY COMPANY fails record the approved plat of Park West Business Campus, Filing No. 5 by November 29, 2008, the deeds shall be null and void and said land shall revert back to the City of Pueblo. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deeds from the City of Pueblo, a Municipal Corporation (Grantor) to PEAK VIEW BUSINESS CAMPUS, LLC, A COLORADO LIMITED LIABILITY COMPANY (Grantee), copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved, and the President of City Council is authorized to execute and deliver the Quit Claim Deeds in the name of the City. SECTION 2. The City Clerk is directed to cause said Quit Claim Deeds to be recorded immediately prior to the recording of the plat of Park West Business Campus, Filing No. 5 in the office of the Pueblo County Clerk and Recorder. INTRODUCED July 9. 2007 APPROVED: a u & " e - ) ESID NT%J City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson fo'T� 0 NZ� w ao Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: JULY 9, 2007 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION TRANSFERRING TWO (2) CITY OWNED PARCELS OF LAND TO PEAK VIEW BUSINESS CAMPUS, LLC, A COLORADO LIMITED LIABILITY COMPANY FOR THE INCLUSION AND DEDICATION AS RIGHT -OF -WAY ON THE FUTURE PLAT OF PARK WEST BUSINESS CAMPUS, FILING NO. 5. ISSUE Should the City Council transfer two (2) city owned 'parcels oflatul to PEAK VIEW BUSINESS CAMPUS, LLC, a Colorado Limited Liability Company for the dedication of right -of -way for 31 Street and Spaulding Avenue on the approved plat of Park West Business Campus, Filing No. 5. RECOMMENDATION Approval of this Resolution BACKGROUND PEAK VIEW BUSINESS CAMPUS, LLC, a Colorado Limited Liability Company is in the process of platting Park West Business Campus, Filing No. 5 which is immediately adjacent to the city owned parcels. The city owned parcels, to be transferred to Peak View Business Campus, LLC, a Colorado Limited Liability Company, for right -of -way were previously deeded to the City of Pueblo from THE EMMA RUBERSON BAMBER TRUST as a condition of a previous subdivision. (See attached exhibits for details) FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. Resolution 11054 17 QUIT 05/08/2008 03.59:04 PM G! ert 1Grtiz4Clerk/Reoorder0 Puoblo CO Bill QUIT CLAIM DEED THIS DEED, Made this �� day of `�v Lr- 200 between the City of Pueblo, a Municipal Corporation grantor, and Peak View Business Campus, LLC, a Colorado Limited Liability Company whose legal address is 102 N. Cascade Ave., Suite 250 Colorado Springs, CO 80903 of the County of El Paso, and State of Colorado, grantee, WITNESSETH, 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 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 City of Pueblo, a Municipal Corporation f of City Council STATE OF COLORADQ COUNTY OF PUEBLO ) - - -- The foregoing instrument was acknowledged before me this C V-A day of l 2003 by as President of the City Council and Gina Dutcher as City CI rk of the City Of Palq,, a Municipal Corporation. and official seal. N 4 : p Notary Public OF COti 17 QUIT 08/08/2008 .0 0 2 T 2 04 00 PM Gi r.e to,t z 4 Cla k Reoorder0 PuebloCou Co ®III I�Fauh�N� +llf?�'11�4�FtiJ P�Z1 IYrrhit��� EXHIBIT A LAND DESCRIPTION OF SPAULDING AVENUE RIGHT -OF -WAY: A parcel of land in the E t/2 of the NW 1 /4 and in the SW t/4 of the NE t/4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 E. and all bearings contained herein being relative thereto. Beginning at the intersection of the Westerly right -of -way of Spaulding Avenue, as platted in Park West Business Campus, Filing No. 2, according to the recorded plat thereof and the North line of the NE 1 /4 of the NW 1 /4 of Section 22; thence N. 88 E., along said North line, a distance of 128.07 feet to the Easterly right -of- way line of said Spaulding Avenue; thence Southeasterly, along the future Easterly right -of -way line of said Spaulding Avenue the following eleven (11) courses: 1. S. 39 0 55'52" E., a distance of 253.78 feet; 2. S. 84 E., a distance of 244.66 feet; 3. S. 39 0 5552" E., a distance of 100.00 feet; 4. S. 02 W., a distance of 268.88 feet; 5. S. 39 0 5552" E., a distance of 277.10 feet; 6. along the arc of a curve to the right whose radius is 540 feet, a distance of 362.48 feet to the East line of the said NW 1 /4 of Section 22; 7. S. 01 E., along said East line, a distance of 912.62 feet; 8. along the arc of of a curve to the left whose radius is 460 feet, a distance of 73.92 feet; 9. S. 10 E., a distance of 419.48 feet; 10. along the arc of a curve to the right whose radius is 540 feet, a distance of 86.77 feet; 11. S. 01 0 28'16" E. a distance of 9.77 feet to the south line of the said NE t/4 of Section 22; thence S. 88 0 3256" W., along said South line and along the South line of the said NW 1 /4, a distance of 80.00 feet to the future Westerly right -of -way line of said Spaulding Avenue; thence Northwesterly, along said future Westerly right -of -way line the following eleven (11) courses: PAGE 1 OF 3 176 QUIT 06/08/2008 03:69:04 Ptl a 4 ®k Reoor 0. blo Cou 20 n0 Glbr Orz C1r , Y. Co ®111pr1P�lWild erPueblo IarrMWA ®1111 1. N. 01 W., a distance of 9.74 feet; 2. along the arc of a curve to the left whose radius is 460 feet, a distance of 73.92 feet; 3. N. 10 W., a distance of 419.48 feet; 4. along the arc of a curve to the right whose radius is 540 feet, a distance of 86.77 feet; 5. N. 01 "W., a distance of 912.62 feet; 6. along the arc of a curve to the left whose radius is 460 feet, a distance of 308.78 feet; 7. N. 39 W., a distance of 277.10 feet; 8. N. 83 W., a distance of 272.34 feet; 9. N. 39 W., a distance of 100.00 feet; 10. N. 05 E., a distance of 248.25 feet; 11. N. 39 W., a distance of 333.80 feet to the Point of Beginning. Containing 7.89 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 June 7, 2007 IN 99 045 22 PAGE 2 OF 3 C�'�GDDo D� Q 50257 "32 "W c} a 268.88' s� lv S 2710? E 7. Z Z R =540" _ Z �= 362.48 6 i A_ 0972� "25 " 100.00' I f + R =540 E+ A p R =460' 5845552E Cfl A= 3877"36" L= 86.77' 244.66' I / L= 308.78' S39'55'52'- N39 5552 "W 253.78' / 277.10' 3 h' 10 ° o of ,°.°, � SN88%F4' 3 "E N833 556 "W I \ \ Z 128.07' 272.34' Z I I N39 5552 "W 100.00' I GRAPHIC SCALE I N3955'52 "W \\ 300 0 150 300 e0o Ism m 333.80' z Z 0 1 248.25' E (IN FEEL ) 1 inch = 300 ft — / I NOTE.• 1 7HIS EXHIBIT WAS NOT PREPARED AS A MONUMEWED LAND SURVEY" AND WAS 17 9 68302 QUIT 05/08/2008 03:59:04 PA ONLY PREPARED TO DEPICT THE I PA EmnMgU O AND W��' M Pag e 4 o of z .00 er0 P 0 T 21 .00 Y , 0, TTACHED AND DESCRIPTION. mill mr1Rm1 016,10011 "1AWOMP 11111 1 PAGE 3 OF 3 L =86. Resolution 11054 17 gg lGi ' • pa g . 0 t 4 1.0 O zCle k2 D 0 Deb 2 1.00 o 00v� Co mill 1fjW4 �' ;1A4Aj I* «'�u�l'�+R9QA9�Ir�� Y4�h,l III QUIT CLAIM DEED THIS DEED, Made this g -r day of 7T UL. Y 2001, between the City of Pueblo, a Municipal Corporation grantor, and Peak View Business Campus, LLC, a Colorado Limited Liability Company whose legal address is 102 N. Cascade Ave., Suite 250 Colorado Springs, CO 80903 of the County of El Paso, and State of Colorado, grantee, WITNESSETH, 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 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 City of Pueblo, a Municipal Corpora � �l� C C y �' It1 A / o .� By: QaA— �~ fy r PiOsiderit City Council • flt cz` ��� .: Attest: f . ` City Clerk STATE OF COLOft�l� / o COUNTY OF PUEBLO The foregoin instrument was acknowledged before me this 9� day of 200 by as President of the City Council and Gina Dutcher as City Jerk of the City 99 Mu icipal Corporation. My com01i • •O A Nor •v9 0 F CO d and official seal. expires -2(e . Public r. 1768303 QUIT 05/08/2008 03:59:04 PM Pa a: 2 of 4 R 21.00 0 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo C -UItY, Co ®III WaRl'lMA"ALWli POOVIYL' W11114 VII EXHIBIT A LAND DESCRIPTION OF 29 STREET RIGHT -OF -WAY: A parcel of land in the N 1 /2 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 th P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NW 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 0 42'57" E. and all bearings contained herein being relative thereto. Beginning at the Southwest corner of the NW 1 /4 of the NW 1 /4 of the NW 1 /4 of said Section 22; thence N. 00 0 34'08" W., along the West line of the said NW 1 /4 of Section 22, a distance of 50.00 feet to the future North right -of -way line of said 29 Street; thence Easterly, along said North right -of -way line the following six (6) courses: 1. N. 88 E., a distance of 652.41 feet; 2. S. 00 E., a distance of 50.00 feet; 3. N. 88 E., a distance of 652.61 feet; 4, N. 01 W., a distance of 50.00 feet; 5. N. 88 E., a distance of 340.23 feet; 6. along the arc of a curve to the left whose radius is 450 feet, a distance of 303.26 feet; thence S. 39 E., a distance of 100.00 feet to the future South right -of -way line of said 29 Street; thence Westerly, along said South right -of -way line the following two (2) courses: 1. along the arc of a curve to the right whose radius is 550 feet, a distance of 370.65 feet; 2. S. 88 W., a distance of 1646.36 feet to the said West line of the NW 1 /4; thence N. 00 W., along said West line, a distance of 50.00 feet to the Point of Beginning. Containing 3.80 acres. O PAGE 1 OF 3 ` 17 QUIT 05/08/2008 03:59:04 PM 011bert Clark//Recorder, Pueblo C _ ®IN I��allat1�4�1�+RVili «ihl��ILY1�1d�''1Y�h ®1111 A parcel of land in the NE 1 /4 of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado and being more particularly described as follows: Considering the North line of the NE 1 /4 of the NW 1 /4 of Section 22, Township 20 South, Range 65 West of the 6 P.M. to bear N. 88 0 44'03" E. and all bearings contained herein being relative thereto. Beginning at the Northeast corner of the said NE 1 /4 of the NW 1 /4 of the NW 1 /4; thence S. 01 E., along the East line of the said NW 1 /4, a distance of 96.68 feet to the future South right -of -way line of said 29 Street; thence Southwesterly, along said South right -of -way line the following two (2) courses: 1. along the arc of a curve to the left whose center bears S. 53 E. and whose radius is 680 feet, a distance of 91.59 feet; 2. S. 50 W., a distance of 246.99 feet; thence N. 39 0 55'52" W., a distance of 100.00 feet to the future North right -of -way line of said 29 Street; thence Northeasterly, along said North right -of -way line the following two (2) courses: 1. N. 50 E., a distance of 246.99 feet; 2. along the arc of a curve to the right, whose radius is 780 feet, a distance of 126.79 feet to the North line of the said NE 1 /4. of the NW 1 /4; thence N. 88 E., along said North line, a distance of 32.29 feet to the Point of Beginning. Containing 0.85 acres. Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5 Street Pueblo, Colorado 81003 June 7, 2007 JN 99 045 22 PAGE 2 OF 3 E9090 OF Q I T N884257E'47 55E 0.00' NW7 14 \ N01'01'42 "W "W NW1 /4 50.00' 50.00' ^^ r^ Q I JOO YV J / II N0034'08 "W 50.00' GRAPHIC SCALE 300 0 ISO 300 600 ( IN FEET ) 1 inch = 300 ft. '03"E. \ R =450' \ 4= 3836'45 \ L= 303.26', R =550' 4= 3836'45' I L= 370.65'. i (R) = RADIAL -- - - -_. -- - - - -- - -- 1768303 QUIT 05/08/2008 03:59:04 PM NoFaR 4R manaEmM AND SURVMp4p,: Page: 4 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co 1III1 7RM Wilk 11III I li II N88'44'03 E I 32.29' II I R =780' III A= 0978'48" L= 126.79' I I N39 "W I 100.00' N50 04'08 E 246.99' 246.99' R= 680' \ — 0743'07" L= 91.59' S0128'7 E 96.68 \ I S39 55'52 E 100.00' ; NE1 /4 NW1 /4 NOTE THIS EXHIBIT WAS NOT PREPARED AS A - MONUMENTED LAND SURVEY, AND WAS 1 kY PREPARED TO DEPICT THE 'ACHED LAND DESCRIPT70N. OF '1.