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HomeMy WebLinkAbout11067RESOLUTION NO. 11067 A RESOLUTION ACCEPTING CONVEYANCE OF LAND BY WARRANTY DEED FROM OWNERS OF REAL PROPERTY, 2707 S. PRAIRIE AVENUE OF PUEBLO, COLORADO WHEREAS, the warranty deed is necessary to widen Prairie Avenue associated with the La Bella Piazza Subdivision. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The warranty deed dated July 12, 2007, a copy of which is attached hereto, having been approved as to form by the City Attorney, is herby approved and accepted. SECTION 2_ The City Clerk is directed to cause said Warranty Deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED July 23, 2007 APPROVED: a u & " e - ) ESID NT%J City Council ATTESTED BY: CITY CLERK BY Randy Thurston Councilperson RQs.I10U �I p Background Paper for Proposed RESOLUTION AGENDA ITEM #� DATE: July 23, 2007 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING CONVEYANCE OF LAND BY WARRANTY DEED FROM OWNERS OF REAL PROPERTY, 2707 S. PRAIRIE AVENUE OF PUEBLO, COLORADO ISSUE Should the City accept a deed from the property owners of 2707 S. Prairie Avenue for right -of -way. RECOMMENDATION Approval of this Resolution BACKGROUND The approval of the La Bella Piazza Subdivision and the construction of Lowe's within the subdivision requires the developer to widen the Prairie Avenue from Avis Avenue to Granada Blvd to accommodate the increased traffic volumes generated by the development. The widening of the roadway necessitated the developer acquire additional property from private property owners along Prairie Avenue. The acceptance of the deed is necessary for the developer to construct required improvements. (See attached exhibits for details) FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. Res. 11067 WARRANTY DEED THIS DEED, made this day of 2007, between Larry J. & Sandra K. Ashcraft of the County of Pueblo and State of Colorado, d the CITY OF PUEBLO, a Municipal Corporation, whose legal address is 1 City Hall Place, Pueblo, Colorado, 81003, of the County of Pueblo and State of Colorado, grantee: WITNESSETH, That the gramor(s), for and in consideration of the sum of $1,125.30, the receipt and sufficiency of which is hereby acknowledged, has granted, bar gained, 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: See attached legal (Exhibit "A ") Also know by street and number as: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the grantor(s), 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(s), for himself, his heirs and assigns, that at the time of the ensealing and delivery of these presents is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as 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 kind or nature soever, except restrictions, conditions, covenants, and easements of record. The grantor(s) 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 thereof. IN WITNESS WHEREOF, the grantor(s) has executed this deed on the date first written above. B By: 134 /t STATE OF COLORADO )ss. COUNTY OF PUEBLO ) / The foregoing instrument was cknowledged before me this day of 6 1 A 2007, by LQYrjJ +- SccnQ /a f F6hc rf 1 and official seal. expires: 1 1 , u g 1735647 WD 07/27/2007 02:37:11 PM Paye: 1 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ■III K 1 1khY1 tih�� WWI 11111 Res. 11067 Flatirons, Inc. 655 4" Street Longmont, CO 80501 Exhibit "A" Parcel Description Sheet 1 of 2 A parcel of land being a portion of Parcel B, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Business Park Subdivision located in the Southeast Quarter of Section 15, Township 21 South, Range 65 West of the 6` P.M., County of Pueblo, State of Colorado being more particularly described as follows: BEGINNING at the Northeast corner of said Parcel, said corner also being the intersection of the West R.O.W. line of South Prairie Avenue and the South R.O.W. line of Avis Avenue; thence South 00 °20'56" East along said West R.O.W. line a distance of 103.49' to the Southeast comer of said Parcel, said point also being the Northeast comer of Parcel C, Rearrangement of Property Boundaries, Lots 3, 4 and 5, Block 1, South Business Park Subdivision; thence South 86 °38'39" West along the South line of said Parcel and along the North line of said Parcel C a distance of 7.01 feet; thence North 00 °20'56" West along a line parallel with and 7 feet westerly of said West R.O.W. line a distance of 103.86 feet to a point on the North line of said Parcel, said point also being on said South R.O.W. line; thence North 89 °39'04" East along the North line of said Parcel and along said South R.O.W. line a distance of 7.00 feet to the Northeast comer of said Parcel, said corner also being the intersection of said South R.O.W. and said West R.O.W. and the POINT OF BEGINNING. Containing: 726 square feet (0.02 acres) more or less. I, Robert A. Rickard, being a licensed Land Surveyor in the State of Colorado, do hereby state that this easement description and the attached exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. 6' 15 r Robert A. Rickard LA W % °Date Colorado P.L.S. #28283 FSI Job No. 06- 46,403 For and on behalf of Flatirons, Inc. 17 WD 07/27/2007 02:37:11 PM Gilbert Ortiz Clerrk//Recorderr, County, Cc 01 II mill K11 Phone (303)776 -1733 www./latsurv.com Fax: (303)776 -4355 Rw. . 11067 EXHIBIT "A" A PARCEL OF LAND BEING A PORTION OF PARCEL B, REARRANGEMENT OF PROPERTY BOUNDARIES, LOTS 3,4 AND 5, BLOCK 1, SOUTH BUSINESS PARK SUBDIVISION, LOCATED IN THE SE 1/4 OF SECTION 15, T 21 S, R 65 W OF THE 6TH P.M., COUNTY OF PUEBLO, STATE OF COLORADO SHEET 2 OF 2 AVIS AVENUE POINT OF N89'39'04'E BEGINNIN 726 SO FT OR 0.02 ACRES EXISTING 10' UTILITY EASEMENT 71 1- MORE OR SS I I o PARCEL B, REARRANGEMENT OF PROPERTY BOUNDARIES o 0 x LOTS 3, 4, AND 5, BLOCK 1, u SOUTH PARK BUSINESS m 'L SUBDIVISION CO u ° 9 �I I I c 3' SIDEWALK —►�-�- S86'38'39 "W EASEMENT 7.01' EXISTING 10' UTILITY EASEMENT PARCEL C, 1 40.00' REARRANGEMENT OF PROPERTY BOUNDARIES LOT SOUTH PARK BUSINESS i SUBDIVISION II 2735647 WD 0 0 3 PM Gilbert Ortiz Clerk /Recorder, Pueblo Country, Co mill 11% I «+IF IMF h m 141 GRAPHIC SCALE 40 0 20 40 6m m ( IN FEET ) I inch = 40 Ft. FSI JOB NO. 06- 46,403 DRAWN BY: R, SLAGLE DATE: MAY 10, 2007 THIS IS NOT A "LAND SURVEY PLAT" OR IMPROVEMENT SURVEY PLAY' AND THIS EXHIBIT IS NOT INTENDED FOR PURPOSES OF TRANSFER OF TITLE OR SUBDIVISIONS OF LAND. THIS EXHIBIT 15 INTENDED TO DEPICT THE ACCOMPANYING PARCEL DESCRIPTIONS. RECORD INFORMATION SHOWN HEREON IS BASED ON INFORMATION PROVIDED BY CLIENT.