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HomeMy WebLinkAbout11125RESOLUTION NO. 11125 A RESOLUTION ACCEPTING CONVEYANCE OF LAND BY WARRANTY DEED FROM OWNERS OF REAL PROPERTY, LOT 2, BLOCK 3, EAGLECROSS SUBDIVSION, OF PUEBLO, COLORADO WHEREAS, the warranty deed is necessary to widen Eagleridge Avenue at Elizabeth Street to install a right turn deceleration lane for the westbound to northbound turning traffic associated with the Pueblo Crossings Development. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The warranty deed dated September 14, 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 October 9, 2007 BY Randy Thurston Councilperson APPROVED: a #?ESIDEINTof City Council ATTESTED BY: CITY CLERK Res. Mlz2 ) D �I p �I MEW Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: OCTOBER 9, 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, LOT 2, BLOCK 3, EAGLECROSS SUBDIVSION, OF PUEBLO, COLORADO ISSUE Should the City accept a deed from the property owners of Lot 2, Block 3 of Eaglecross Subdivision for right -of -way. RECOMMENDATION Approval of this Resolution BACKGROUND The approval of the Pueblo Crossings Subdivision and the construction of various commercial land within the subdivision requires the developer to widen Eagleridge Blvd at Elizabeth Street to accommodate a right turn deceleration lane for the westbound to northbound turning traffic. The widening of the roadway necessitated the developer acquire additional property along Eagleridge Blvd. The acceptance of the deed is necessary for the developer to construct required improvements. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action __ - -- - -- - - -Rac_ -11195 `{ 1745286 WD 10/12/2007 03:31:18 PM •� Pa ge: 1 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ®iii n PromwINNI WARRANTY DEED J THIS DEED, made this Lday of September, 2007, between J.R.'S Country Store, Inc., a Colorado Corporation, grantor, and 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 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 granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey, and confirm, unto the grantee, it 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 "). TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in any wise 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, 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, represents that at the time of the ensealing and delivery of these presents it is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of heritance, 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 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 has executed this deed on the date first written above. J.R.'S Country By Its nes?ye�r GRANTOR 17 WD 10/12/2007 03:31:18 PM Gilbert Ortiz Clerk//Recor 21 T Pueblo County, Cc STATE OF COLORADO } } ss. COUNTY OF PUEBLO } :7 The foregoing instrument was acknowledged before me this Y day of September, 2007, by as J.R.'S Country Store, Inc.' Witness my hand and Seal., My Commission Expires: /2 �� $ (SEAL) Notary Public E EXHIBIT "A" A portion of the El /2 of the SWl /4 and the W1/2 of the SEl /4 of Section 12, Township 20 South, Range 65 West of the Sixth Principal Meridian, County of Pueblo, State of Colorado, being more particularly described as follows; The southerly 5.00 feet of Lot 2, Block 3, Eaglecross Subdivision according to the recorded plat thereof filed for record April 29, 1987 in Book 2344 at Page 868 in the records of the Pueblo County Clerk and Recorder. Said easement contains 952 square feet more or less. 1 ROCKY L. MANGINI PROFESSIONAL SURVEYOR NO. 16128 1745286 WD 10/12/2007 03:31:18 PM Page: 3 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill K PrI11 IPJARA116IAI l NMI 11111 1745286 WD 10/12/200 03:31:18 PM Pa e: 4 of 4 R 21.00 D 0.00 T 21.00 Gilbert ortlz Clerk /Recorder, P11eblo County, Co U v � 1 7 11 F%1 l� � ll� 1 E� V� N� `41 ,LZ'9l5 Nl � rU , m ,III I Z N Z 5 Z 0 O' w6 LD Z U h U 2 rc N a� W <N W� WF rj 0 � 2 �e I jtory v3 unun s mvNlreo ,oz -- r-------------- - - - - -- I �— I I zo I I I Z ly N Y I moo i p r y l L' n I � I I I I I 1N3M3SV3 X7VM3015 I� I 1N3NWV3 3DYNlVdb — 00 0 — — V -I ----------- ----- JNN]ISY33d is 1332/1 S 3NnU3 N3J Y o M V O� O� W� g'3 ti h _U 4 a s: 5 a` I Q I� I� I� m ,os ,os iz I� 111 2 VIU O r I V W I _L_o 14138VZ173 w W