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Home My WebLink About11257RESOLUTION NO. 11257 A RESOLUTION GRANTING A QUIT CLAIM DEED TO EUGENE SKUBAL FOR REAL PROPERTY LOCATED LOT 14 & 15, BLOCK 4, DELAVAN PLACE, WITHIN PUEBLO, COLORADO AND ACCEPTING CONVEYANCE OF A WARRANTY DEED FROM EUGENE SKUBAL FOR REAL PROPERTY LOCATED AT LOT 9 & 10, BLOCK 4, DELAVAN PLACE, WITHIN PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed returning real property to Eugene Skubal, after having been approved as to form by the City Attorney, is hereby authorized and approved. SECTION 2. The warranty deed granted by Eugene Skubal, dated March 4, 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 3. The City Clerk is directed to record said deeds in the office of the Pueblo County Clerk and Recorder. INTRODUCED March 24, 2008 BY Vera Ortegon Councilperson APPROVE ATTEST D BY: �. � y PPI`81f I T' i ILAHL- Res //aS7 G�� o Background Paper for Proposed RESOLUTION AGENDA ITEM # O� 0 DATE: MARCH 24, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P. E. TITLE A RESOLUTION GRANTING A QUIT CLAIM DEED TO EUGENE SKUBAL FOR REAL PROPERTY LOCATED AT LOT 14 & 15, BLOCK 4, DELAVAN PLACE, WITHIN PUEBLO, COLORADO AND ACCEPTING CONVEYANCE OF A WARRANTY DEED FROM EUGENE SKUBAL FOR REAL PROPERTY LOCATED AT LOT 9 & 10, BLOCK R, DELAVAN PLACE, WITHIN PUEBLO, COLORADO ISSUE Should the City Council grant a Quit Claim Deed to Eugene Skubal returning said property and accept a Warranty Deed from Eugene Skubal for the purpose of providing additional right -of- way to extend Nelson Avenue to Sumner Avenue. RECOMMENDATION Approval of this Resolution. BACKGROUND Several years ago, a Community Development Block Grant was submitted and approved to construct street improvements on Nelson Avenue and adjacent streets. At that time, a Warranty Deed (copy attached) was delivered to the City from the property owner, Eugene Skubal, to provide enough right of way to enable Nelson Avenue to be extended straight through to Pearl Street. Because of several obstacles, the project did not move forward at that time. Last year, funds were reauthorized to be spent on this project. In the meantime, the applicants have asked to have the project redesigned to have Nelson Avenue "dogleg" rather than be a straight alignment. Due to the realignment, the City no longer needs the property originally granted by Mr. Skubal and wishes to have it returned to him by the granting of the Quit Claim Deed, Eugene Skubal also happens to own the property that will be affected by the realignment of the street and has agreed to grant a Warranty Deed to provide enough right of way to extend the street in the alternate direction. FINANCIAL IMPACT None. 1763700 WD 03/31/2008 02:51:44 PM Pe e: 1 of 1 R 6.00 D 0.00 r 6.00 Rolution #11257 Gilbert Ortiz Clerk /Recorder, Pueblo ' County, Cc ®III N% �VIVI L UNI L I lm ll M RI 1111 1 'IJ1 191 "4a It 11 04 17 THIS DEED, made this 7 day of A" , 2008, between Eugene Skubal, 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 Ten Dollars ($10.00) 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: The east 10 feet of Lot 9, all of Lot 10, and all of the vacated alley adjacent thereto, in Block 4, Delavan Place, according to the plat thereof, filed for record July 30, 1890 in the office of the Pueblo County Clerk and Recorder, Pueblo, Colorado, in Book 6, page 25 and 26. Also known by street and number as: Not Applicable Assessor's schedule or parcel number: Portion of parcel number 536209011 TOGETHER with all and singular the hereditaments and appurtenances thereunto 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(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. G OR Eugen kuba] STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 4 day of �(1 ti LLKC{ 2008 by Eugene Skubal. •,,, s , >; ........ / 'YVim ss my hand and official seal. TA Co', mf �4 R} 'S in expires: I bbl low vp' GIS Notary Public Resolution #11257 QUIT CLAIM DEED THIS DEED, made this a+ day of March, 2008, between, EUGENE SKUBAL (Grantee), and City of Pueblo, a Municipal Corporation, (Grantor), WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars (S10,00) to the said Grantor in hand paid by the Grantee, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said Grantee, its successors and assigns forever, all of the right, title, interest, claim and demand which the said Grantor hath in and to the following described real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: The South 13 feet of Lot 14 and the North 17 feet of Lot 15, Block 4 in Delevan Place, according to the amended plat thereof, filed for record July 30, 1890. 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, inte t pd claim whatsoever, of the said Grantor, either in law or equity, to the only proper of said Grantee, his heirs and assigns forever. GRANTOR: City of Pueblo, a Municipal Corporation BY 3 ►� PRESIDENT OF CITY COUNCIL ATTESTED BY: L"YITY CLERK STATE OF COLORADO ) COUNTY OF PUEBLO ss. The fore Ding instrum rtvl ent was acknowledged before me this day of 2008 by Barbara Vidmar as President of City Council, and Gina Dutcher, as City Clerk. Witness my hand and official seal. My commission expires: -21 -201 I LORENE BRAVO -NEFF [S E A L] NOTARY PUFUC STATE OF CUL ORADO A UIX &0_ Notary Public 1763699 QUIT 03/31/2008 02:51:44 PM Gil Ortiz Clerk County, Pueblo Cy, Cc milli K W11WOUAW1;f�'a��