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Home My WebLink About11415RESOLUTION NO. 11415 A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A WARRANTY DEED FROM VESTAS TOWERS AMERICA, INC., A DELAWARE CORPORATION WHEREAS, the City of Pueblo has recently annexed an area north of Lime Road for the proposed Vestas Tower manufacturing facility, and; WHEREAS, the said proposed Vestas Tower facility will require water furnished by the Pueblo Board of Water Works, and; WHEREAS, the Pueblo Board of Water Works desires to construct a water storage tank facility to provide water service to the Vestas Tower Manufacturing facility, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The attached Warranty Deed between Pueblo, a Municipal Corporation, and Vestas Towers America, Inc., a Delaware Corporation, having been approved as to form by the City Attorney, is hereby approved. 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 September 22, 2008 BY Randy Thurston Councilperson AP PROVE LA HL- ATTEST ED BY: Cff. � y PPI`81f I T' i I {(es. ((`fps D o Background Paper for Proposed RESOLUTION AGENDA ITEM # DATE: SEPTEMBER 22, 2008 DEPARTMENT: PUBLIC WORKS DIRECTOR — DANIEL E. CENTA, P.E. TITLE A RESOLUTION AUTHORIZING THE ACCEPTANCE OF A SPECIAL WARRANTY DEED FROM VESTAS TOWERS AMERICA, INC., A DELAWARE CORPORATION ISSUE Should the City Council authorize the acceptance of a Special Warranty Deed from Vestas Towers America, Inc., a Delaware Corporation. RECOMMENDATION Approval of this Resolution BACKGROUND The purpose of the deed is to create a site where the Board of Water Works may construct a water storage tank facility to provide water service to the newly annexed industrial area located north of Lime Road. FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. 1783207 WD 09/29/2008 02:35:53 PM Res. 11415 Page: 1 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill MiP11a#r N WtiMVMM Hcif SPECIAL WARRANTY DEED THIS DEED is dated September , 2008, and is made between Vestas Towers America, Inc. a corporation duly organized and existing under and by virtue of the laws of the State of Delaware , the "Grantor," and the City of Pueblo, a political subdivision of the State of Colorado , the "Grantee," whose legal address is 1 City Hall Place, Pueblo, Colorado 81003 of the County of Pueblo and State of Colorado . WITNESS, that the Grantor, for and in consideration of the sum of TEN and no /100ths DOLLARS , (S 10_00 ) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's successors and assigns forever, all the real property, together with any improvements thereon, located in the County of Pueblo and State of Colorado , described as follows: SEE EXHIBIT A. Exhibit A, which describes and depicts a 5 -acre parcel (the "Property"), consists of two pages, attached hereto and by this reference incorporated herein; also known by street address as: vacant land; TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, 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 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 and the Grantee's heirs and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the successors and assigns of the Grantee, against all and every person or ersons claiming the whole or any part thereof, by, through or under the Grantor except and subject to: El none; or 6 the following: all (i) matters of record in the Real Property Records of Pueblo County, Colorado, affecting the Property; (ii) matters that a current accurate survey of the Property would reveal, and; (iii) taxes for the year 2008 and subsequent years, a lien not yet due and payable. THIS CONVEYANCE IS MADE by Grantor and accepted by Grantee, for itself, its successors and assigns, subject to the following restrictions and declarations which are placed upon the Property: although the City of Pueblo constitutes the Grantee, hereunder, this conveyance is being made by Grantor to Grantee for the use and benefit of the Board of Water Works of Pueblo, Colorado in its construction, location, and operation of a water storage tank thereon. IN WITNESS WHEREOF, the Grantor has caused its corporate name to be hereunto subscribed by its president, vice - president, or other head officer, on the date set forth above. Vestas Towers America. Inc a Delaware co orati z By: Name: EPJk .41 zFle �— Its: V/Y APtks ' !7- Res. 11415 STATE OF COLORADO ) ) ss. County of 41PAPA14 0 6 ) The foregoing instrument was acknowledged before me this a "' a day of - - 3 E PTET BE 2 , 20 , by as the J; cz , and by rC x X 1L k h- x X as the of the Grantor, on behalf of the,pgFpq ation. Witness my hand My commission t ' 0 ". op ; a a�96 0 �t Ez 9��,, P UBLIC O "'e' COLORPP�� Name and Address of Person Creating Newly Created Legal Description ( §38 -35- 106.5, C.R.S.) 1783207 WD 09/29/2008 02:38:53 PM Pa ge: 2 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co Bill �1 ,��1 ;��hy��ti�4trr clx� M� 11111 Res. 11415 LEGAL DESCRIPTION- TANK SITE PARCEL A PORTION OF LAND SITUATED IN THE SOUTH ONE -HALF OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS THE NORTH LINE OF THE NORTHEAST ONE - QUARTER OF SECTION 2, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN BEING MONUMENTED AT THE NORTH ONE - QUARTER CORNER OF SAID SECTION 2 BY A RECOVERED 6 INCH BY 6 INCH CONCRETE POST WITH A CHISELED CROSS AND AT THE NORTHEAST CORNER OF SAID SECTION 2 BY A RECOVERED 3 -114 INCH ALUMINUM CAP STAMPED 721 S. R65W, S35/S361S2/S1, T22S, 1985, CALCULATED TO BEAR S89 °44'50 "E WITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO. COMMENCING AT SAID NORTH ONE - QUARTER CORNER OF SECTION 2; THENCE S02 0 04'37 "E ACROSS SAID SECTION 2, A DISTANCE OF 3,383.44 FEET TO THE POINT OF BEGINNING; THENCE THE FOLLOWING FOUR (4) COURSES ACROSS THE SOUTH ONE -HALF OF SAID SECTION 2; 1.) 500 °14'44 "W, A DISTANCE OF 443.70 FEET TO A POINT A POINT ON THE NORTH RIGHT -OF -WAY LINE OF LIME ROAD OF RECORD AT RECEPTION NUMBER 1744576, PUEBLO COUNTY RECORDS; 2.) S85 °27'36" W ALONG SAID NORTH RIGHT -OF -WAY LINE A DISTANCE OF 471.71 FEET; 3.) THENCE LEAVING SAID NORTH RIGHT -OF -WAY LINE, N00 °15'11 "E, A DISTANCE OF 483.12 FEET; 4.) S89 °44'50 "E A DISTANCE OF 470.00 FEET TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 217,817 SQUARE FEET, OR 5.000 ACRES, MORE OR LESS. EXHIBIT ATTACHED AND BY THIS REFERENCE MADE APART HEREOF. I, CHARLES BERESFORD, A PROFESSIONAL LAND SURVEYOR IN THE STATE OF COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF. ARE CORRECT. 1783207 WD 09/29/2008 02:36:53 PM Page: 3 of 4 R 21.00 D 0.00 T 21.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co CHARLES BERESFORD, PROFESSIONAL LAND SURVEYOR COLORADO REGISTRATION No. 35583 FOR AND ON BEHALF OF NOLTE ASSOCIATES, INC. 8000 S. CHESTER STREET, SUITE 200 CENTENNIAL, COLORADO 80112 PAGE 1 OF 2 N: 1DVB02971Cadd %SurveyTegats1ET001_EXMAEM_Tank Site.doc ti N Ol z N , _� FUTURE RIGHT - OF -WAY NW 1/4 SCAN/O FAMILY LTD ( RECEPRON NO. I76J777) FUTURE SW 1/4 SCANIO FAMILY LTD ( RECEPTON NO. 1763777) THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED SOLELY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. DATE: 0/18/08 NOOM NETWORK PATH N: \DYH0297 \CI DWG NAME 001 -ETM N f Y 0 N 0 E N 0 1 N E E N I M E LAYOUT a Owls UM1 N6 m OtlW4 Goan DESIGNER C8 OLMW 16 80n= PAZ �LICMN TANK SITE PARCEL SHIN` LEGAL DESCRIPTION EXHIBIT 2 PUEBLO PROJECT DE 2 doe NDI PREPARED FOR: — DATE SUBMITTED: 08/18/08 DVS01 I BASIS OF BEARINGS I NORTH LINE OF THE NORTHEAST 1/4 I 1 SECTION 2, TWP. 22 SOUTH, 1 RANGE 65 WEST 6TH P.M. S89'44' E 2,616.57 POINT OF COMMENCEMENT NORTHEAST CORNER NORTH 1/4 CORNER SECTION 2 SECTION 2 RECOVERED 3 -1/4 INCH I RECOVERED 6x6 INCH I ALUMINUM CAP STAMPED CONCRETE POST WITH T21S,R65W,S35/S36/S2/S1, CHISELED CROSS T22S,1985" I N I NE 114 1 V m 1° a d! w m SECTION 2 1 TWP. 22 SOUTH _ RANGE 65 WEST OF 1 a THE 6TH P.M. 0 ADD' aw 18D0' � W P a 1 inch = 800 fL a I POINT OF BEGINNING ZINC TABLE �_ I LI: 500'14'44 "W 443.70' I 1 L2: S85'27'36 "W 471.71' ° mm � o f L3: N00'15'11 "E 483 °rv° o 4 217,817 Sq.Ft. .12' L4: S89'44'50 "E 470.00' I ^� j 5.000 ACRES Nas h m ° J LIME ROAD L 2 R.N. 17445 SW 1/4 � SE 114 �vm SCANIO FAMILY LTD (RECEPTION NO. 1763777) SCANIO FAMILY LTD ( RECEPDON NO. 1767777) =_ ^6o® THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS INTENDED SOLELY TO DEPICT THE ATTACHED LEGAL DESCRIPTION. DATE: 0/18/08 NOOM NETWORK PATH N: \DYH0297 \CI DWG NAME 001 -ETM N f Y 0 N 0 E N 0 1 N E E N I M E LAYOUT a Owls UM1 N6 m OtlW4 Goan DESIGNER C8 OLMW 16 80n= PAZ �LICMN TANK SITE PARCEL SHIN` LEGAL DESCRIPTION EXHIBIT 2 PUEBLO PROJECT DE 2 doe NDI PREPARED FOR: — DATE SUBMITTED: 08/18/08 DVS01