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HomeMy WebLinkAbout11233RESOLUTION NO. 11233 A RESOLUTION ACCEPTING A WARRANTY DEED FROM OWNERS OF REAL PROPERTY LOCATED AT THE 3100 BLOCK OF WEST 10 STREET WITHIN PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The warranty deed granted by Gerald W. Turner & Deborah L. Turner, dated January 9, 2008, a copy of which is attached hereto, after having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to record said warranty deed in the office of the Pueblo County Clerk and Recorder. INTRODUCED February 25, 2008 BY Judy Weaver Councilperson I`81f I T' i IL m] ATTEST D BY Res. i 1233 L_I _ :�___ •�_ _ Background Paper for Proposed RESOLUTION AGENDA ITEM # // DATE: FEBRUARY 25, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR— DANIEL E. CENTA, P.E. TITLE A RESOLUTION ACCEPTING A WARRANTY DEED FROM OWNERS OF REAL PROPERTY LOCATED AT THE 3200 BLOCK OF WEST 10 STREET WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept a Warranty Deed from property owners at 3200 block of West 10'' Street for the purpose of creating a public right -of -way for the existing roadway. RECOMMENDATION Approval of this Resolution. BACKGROUND Currently, the traveled roadway that provides public access to the area commonly known as the 3200 Block of West 10' Street is located over private property and is considered a private road to be maintained by the property owners. During the past several years, the Streets Division of the Public Works Department has received numerous requests to perform repairs and general maintenance to the roadway. The City is not opposed to taking over maintenance of the roadway, and the attached deed allows for the future dedication as a public right -of -way. FINANCIAL IMPACT There will be some added maintenance costs, however, a portion of which will be offset by the addition of said roadway into our inventory for purposes of the HUTF rebate. Reso. 11233 WARRANTY DEED THIS DEED, Made this t t day of V- A rYU)9 R 5 , 200 3 _, between Gerald W. Turner and Deborah L. Turner, of the County of Pueblo and State of Colorado, 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(s), 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 together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: See Exhibit A - Legal Description, Block 45 West Side Addition TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in 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(s), heirs 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. The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above- bargained premises in the quiet and peaceable possession of the grantee(s), his heirs 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. STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) d he foregoing instrument was acknowledged before me this �_ day of �.iin u,6A(J� , 200_Z by CCAQ Id W 71�GAnte & 'ne 6o na k 6. `�pn "' i tst§ my hand and official seal. �f`(1 \Pl MM .. yy . C.S. 'i ZU OTI\Ryi on expires: Dylay_/a?a // , tJ / O ,,p'•, p Notary Public t % OF COV 17 RES 03/03/2006 02:40:03 PM h /m Exoo K Gilbert Ortiz 4 Clark/Recorder, r T r L Pueblo County, Cc ®III K N1I10111 �'�1�'AMIK PA 11111 Res. 11233 _ — Exhibit A Legal Description Block 45 West Side Addition Portions of lots 21 thru 40, Block 45, West Side Addition a subdivision of a portion of the south west' /4 of Section 27, Township 20 South, Range 65 West of the Sixth Principle Meridian, Pueblo County Colorado as filed for record Oct. 31 1890, Book 7 page 8 in the office of the Pueblo County Clerk and Recorder, Pueblo Colorado, being --further: described as follows: Commencing at the SW 1/16 corner of Section 27, Township 20 South, Range 65 West, thence west along said south 1/16 line to the intersection of said 1/16 line and the east right of way line of Thomas Ave., to the Point of Beginning, thence north along said east right of way line of Thomas Ave a dist of 50 feet, thence east along a line parallel to said 1/16 line to the intersection of said parallel line and the west Right of Way of Jasper Street (formerly Logan Ave.), thence south along said west right of way of Logan Ave. a distance of 50 feet to said 1/16 line, thence west along said 1/16 line to the Point of Beginning. 1760337 RES 03/03/2008 02:40:03 PM Paye: 2 of 2 R 11.00 G 0.00 T 11.00 Gilbert Ortiz Clerk /Recorder, L P�u L e bb lo County, Cc mill M R '�tWi �'�lMY10111 I1K IWl wi 11 111