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HomeMy WebLinkAbout11189RESOLUTION NO. 11189 A RESOLUTION ACCEPTING THE CONVEYANCE OF TWO PARCELS OF LAND BY SPECIAL WARRANTY DEEDS FROM WL ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP FOR A FUTURE PARK AND SCHOOL SITE AND APPROVING THE SUBSEQUENT TRANSFER OF THE AFOREMENTIONED SCHOOL SITE PARCEL TO SCHOOL DISTRICT 60. WHEREAS, WL Enterprise, Ltd., a New Mexico Limited Partnership, has executed and delivered two deeds to the City of Pueblo, one for a 33.30 acre future park/open space site, and the other for a 20.00 acre future school site; and WHEREAS, the said park parcel will become City property until such time as development is warranted and funded, and WHEREAS, upon request, the said school site parcel will be transferred to School District 60 for their use. BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The deeds from WL Enterprise, Ltd. a New Mexico Limited Partnership (Grantor) to the City of Pueblo, a Municipal Corporation (Grantee), copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said deeds to be recorded in the office of the Pueblo County Clerk and Recorder. SECTION 3. Following recordation and receipt of a formal application by the School District, the deed for the school site parcel will be transferred to School District 60. INTRODUCED December 31. 2007 ATTESTED BY BY Randy Thurston Councilperson APPROVED: a ESID NTof City Council CITY CLERK Re-�. i i I.89 _. Background Paper for Proposed RESOLUTION AGENDA ITEM #17 DATE: DECEMBER 31, 2007 DEPARTMENT: PUBLIC WORKS DIRECTOR- DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING THE CONVEYANCE OF TWO PARCELS OF LAND BY SPECIAL WARRANTY DEEDS FROM "'L ENTERPRISES, LTD, A NEW MEXICO LIMITED PARTNERSHIP FOR A FUTURE PARK AND SCHOOL SITE AND APPROVING THE SUBSEQUENT TRANSFER OF THE AFOREMENTIONED SCHOOL SITE PARCEL TO SCHOOL DISTRICT 60. ISSUE Should the City Council accept the deeds from WL Enterprises, Ltd., a New Mexico Limited Partnership, and approve the transfer of the school parcel to School District 60. RECOMMENDATION Approval of this Resolution BACKGROUND WL Enterprises, Ltd., a New Mexico Limited Partnership wishes to convey to the City of Pueblo two parcels of land, one for a future park or open space and the other for a possible future school site. In turn the City will convey the school site parcel to School District 60. (See attached exhibits for details) FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. SPECIAL WARRANTY DEED WL ENTERPRISES, LTD., Grantor, for one dollar and other good and valuable consideration in hand paid, does hereby convey, transfer and sell unto the CITY OF PUEBLO, a Municipal Corporation, Grantee, all of its right, title and interest in and to the following described real property, located in the City and County of Pueblo, State of Colorado, to wit: See attached Exhibit A Which property is transferred together with all the 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, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the above premises and described with the appurtenances, unto the Grantee, its successors and assigns forever, subject to easements, restrictions, covenants of record and taxes for 2008 and subsequent years. The Grantor, for itself, its successors and assigns, does covenant and agree that it shall.and_will WARRANT AND FOREVER DEFEND the above premises in the quiet and'p`eaceable possession of the Grantee, its successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. The Grantor has caused this instrument to be signed this ;�JAl'day of December, 2007. STATE OF lt&4 /ylav } ss COUNTY OF f g e An a ) WL ENTERPRISE TD By The foregoing instrument was acknowledged before me this z�� day of December, 2007, by Wayne_ - .Lovelady, who is known to me and is the General Partner of WL ENTERPRISES, LTD. who endorses this instrument in his capacity as such. My commission expires ,tle�re.n�e1 13� 2�it Witness my hand and official seal. 1. NOTq, �r . •pVBLIC • M W / ifiry 1753233 WD 12/31/2007 12:36:00 PM Page: 1 of 3 R 16.00 0 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ■III K R1«IF1AIM116I'M IMM 11111 17 WD 12/31/2007 12:36:00 PM Gilbert Ortiz Cler County, Co ®III K NT0VWh °W6WM 11 111 SCHOOL SITE DESCRIPTION Exhibit A A parcel of land located within the City of Pueblo, County of Pueblo, State of Colorado to -wit; A parcel of land being a portion of the E %2 of the NW '/ of Section 11, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at a point on the west line of the said E / of the NW '/a from which the SW corner of the said E %2 of the NW '/ bears S 03 0 14'04 "W, a distance of 140.19 feet; Thence N 03°14'04 "E along the said west line, a distance of 1141.12 feet to a point on the proposed southerly right of way line of proposed future Wills Boulevard; Thence easterly along said southerly right of way line the following two (2) courses; 1) S 89 °09'30 "E, a distance of 173.34 feet; 2) Along the are of a curve to the left having a central angle of 32'35'18" and a radius of 605.00 feet a distance of 344.11 feet to a point on the westerly right of way line of a proposed future street; Thence southerly along said westerly right of way line the following six (6) courses; 1) S 34 °35'20 "E, a distance of 59.79 feet; 2) Along the are of a curve to the right having a central angle of 34 °51'00" and a radius of 470.00 feet a distance of 285.88 feet; 3) S 00 °15'41 "W, a distance of 127.76 feet; 4) Along the arc of a curve to the left having a central angle of 36 °48'44" and a radius of 330.00 feet a distance of 212.02 feet; 5) S 36 °33'04 "E, a distance of 356.45 feet; 6): Along the are of a curve to the right having a central angle of 36°35'27 "` and a radius of 455.00 feet a distance of 290.58 feet to a point on the northerly right of way line of a proposed future street; Thence westerly along said northerly right of way line the following two (2) courses; 1) N 89 °45'36 "W, a distance of 907.53 feet; 2) Along the are of a non - tangent curve to the left whose center bears S 55 °00'20 "W and having a central angle of 144 °45'56" and a radius of 52.00 feet, a distance of 131.39 feet; Thence N 89 °45'36 "W, a distance of 45.90 feet to the POINT OF BEGINNING; Said parcel contains 20.00 acres. y ,• NO. 16128 17 WD 12/31/2007 12:36:00 PM Gilbert Ortiz C1errk//Rew0rderr,TPueblo County, Co ®III K R111WFUM " M INI WA 11111 u, SPECIAL WARRANTY DEED WL ENTERPRISES, LTD., Grantor, for one dollar and other good and valuable consideration in hand paid, does hereby convey, transfer and sell unto the CITY OF PUEBLO, a Municipal Corporation, Grantee, all of its right, title and interest in and to the following described real property, located in the City and County of Pueblo, State of Colorado, to wit: See attached Exhibit A Which property is transferred together with all the 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, title, interest, claim, and demand whatsoever of the Grantor, either in law or equity, of, in and to the above premises and described with the appurtenances, unto the Grantee, its, successors and assigns forever, subject to easements, restrictions, covenants of record and taxes for 2008 and subsequent years. The Grantor, for itself, its successors and assigns, does covenant and agree that,it,shal( -.- and will WARRANT AND FOREVER DEFEND -the above premises in the 'quiet and "peaceable possession of 'the Grantee, its successors and assigns; against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. The Grantor has caused this instrument to be signed this 2IA day of December, 2007. STATE OF /Ut,,9 C - 0 ) p COUNTY OF bv.aa ) ss ) �., ZONE", . _.,_I "l i 4k The foregoing instrument was acknowledged before me thisal day of December, 2007, by Wayne Lovelady, who is,known to me and is the , General Partner of WL ENTERPRISES, LTD. who endorses this instrument in his capacity as such. My commission expires '4) /-T VO/l Witness my hand and official seal. \\\`JE B , y`�. A Q L1G r`c 0 , � e. Dle-i� Notary Public 17 WD 12/31/2007 12:36:00 PM Gilbert Ortiz Clerk County, Cc ■III K F& N WhIMfi1GIH 11111 iV PARK SITE DESCRIPTION Exhibit A A parcel of land located within the City of Pueblo, County of Pueblo, State of Colorado to -wit; A parcel of land being a portion of the SW '/< of the NW '/< of Section 2, Township 20 South, Range 65 West of the Sixth Principal Meridian, being more particularly described as follows; BEGINNING at the NW corner of the said SW '/< of the NW ' /<; Thence S 89 "E along the north line of the said SW 1 /< of the NW %, a distance of 1098.32 feet to.a point on the proposed westerly right of way line of Dillon Drive; Thence southerly along said proposed right of way line the following two (2) courses; 1) S 00 °56'57 "W, a distance of 151.22 feet; 2) Along the arc of a curve to the left having a central angle of 33'40'57" and a radius of 995.00 feet a distance of 584.93 feet to a point on the east line of the said SW '/ of the NW '/<; Thence S 02°29'50 "W along said east line, a distance of 631.57 feet to the SE corner of the said SW '% of the NW '/; Thence N 89'26'1 5"W along the south line of the said SW '/ of the NW '/, a distance of 1248.34 feet to the SW corner of the said SW '/< of the NW '/; Thence N 00 °57'04 "E along said west line of the said SW % of the NW '/< a distance of 1335.88 feet to the POINT OF BEGINNING; EXCEPTING THEREFROM: All of that road right of way described in that document filed for record October 5, 1992 in Book 2617 at Pages 298 -299 in the records of the Pueblo County Clerk and Recorder. _. Said parcel contains 33.30 acres. PROFESSION RVEYOR NO. 16128 1753232 WD 12/31/2007 12:36:00 PM Page: 2 of 2 R 11.00 D 0.00 T 11.00 Cil,ert Ortiz Clerk /Recorder, Pueblo County, Cc ■III K NN«FMA 4'Kim, IMM 11111