HomeMy WebLinkAbout11491RESOLUTION NO. 11491
A RESOLUTION GRANTING A QUIT CLAIM DEED TO
RAYMOND L. HERRERA FOR REAL PROPERTY
LOCATED WITHIN KELLY ADDITION TO PUEBLO WITHIN
PUEBLO, COLORADO AND ACCEPTING CONVEYANCE
OF A WARRANTY DEED FROM RAYMOND L. HERRERA
FOR REAL PROPERTY LOCATED WITHIN KELLY
ADDITION TO PUEBLO WITHIN PUEBLO, COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
RFrT1nNJ 1
The Quit Claim Deed granting real property to Raymond L. Herrera, after having
been approved as to form by the City Attorney, is hereby authorized and approved.
SECTION 2.
The warranty deed granted by Raymond L. Herrera, dated November 25, 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.
BY: Randy Thurston
Councilperson
PRI
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INTRODUCED: December 22, 2008
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Background Paper for Proposed
RESOLUTION
AGENDA ITEM # 14
DATE: DECEMBER 22, 2008
DEPARTMENT: PUBLIC WORKS
INTERIM DIRECTOR — MICKEY BEYER, P.E.
TITLE
A RESOLUTION GRANTING A QUIT CLAIM DEED TO RAYMOND L. HERRERA FOR REAL
PROPERTY LOCATED WITHIN KELLY ADDITION TO PUEBLO WITHIN PUEBLO,
COLORADO AND ACCEPTING CONVEYANCE OF A WARRANTY DEED FROM RAYMOND
L. HERRERA FOR REAL PROPERTY LOCATED WITHIN KELLY ADDITION TO PUEBLO
WITHIN PUEBLO, COLORADO
ISSUE
Should the City Council grant a Quit Claim Deed to Raymond L. Herrera and in return accept a
Warranty Deed from Raymond L. Herrera for the purpose of providing right -of -way for vacated
Chester Avenue.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
On June 27, 1950 the Board of County Commissioners vacated Chester Avenue from Ash
Street to Beech Street which is recorded at the Pueblo County Records Book 1273, Page 602.
This section of Chester Avenue has continuously been used by the public as a roadway for at
least twenty (20) years. In order for the City to maintain this roadway, a portion of vacated
Chester Avenue adjacent to the property owned by Raymond L. Herrera needs to be acquired.
In return the City would transfer a City owned parcel of land (including a portion of vacated
Chester Avenue) adjacent to Mr. Herrera's property to him.
FINANCIAL IMPACT
None.
dcxnl
CHESTER AVENUE DEED TRANSFER EXHIBIT "''w`
S
SCALE 1 - =200'
12 -11 -2008
Cih o1 Pueda Bureau M Pudk WLI�S
PORTION OF VACATED CHESTER - 77 , - 1
TO CP -2 FOUND
AVENUE TO BE GRANTED TO
CITY MONUMENT
CITY OF PUEBLO
RIVER ST / CHESTER AVE
431317005
BASIS OF BEARINGS
6 7 8
Cp-1 TO CP -2
L
PORTION OF VACATED CHESTER
N00 °0900 "E
AVENUE AND ADJACENT CITY
PROPERTY TO BE GRANTED TO
CP -1 FOUND
RAYMOND L.HERRERA
_':
CITY MONUMENT
Q
O
I ..
ASH STREET
o
I
ao
PORTION OF VACATED CHESTER - 77 , - 1
AVENUE TO BE GRANTED TO
THE CITY OF PUEBLO
CITY OF PUEBLO
".
431317005
6 7 8
L
PORTION OF VACATED CHESTER
- Lu
AVENUE AND ADJACENT CITY
PROPERTY TO BE GRANTED TO
LL
'.
RAYMOND L.HERRERA
_':
Q
i 20.00'
I ..
ADDITION R.O.W TO BE
ACQUIRED BY CITY
REYES, M RIO 110.W
431317027
10 9
HERRERA
parcel
1
2 / parcel
CITY OF
PARCEL
0
18.00'
ALLEY
( N
CITY OF PUEBLO
431302025
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CITY OF PUEBLO
431302026
9A
29 I 28 SHEET 1 OF 1
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Reception 1791694
12/29/2008
WARRANTY DEED
THIS DEED, Made this oZ Sf h day of _tl�ovc. be, 200 /J , between
Raymond L. Herrera, whose legal address is 404 East Ash Street, Pueblo, Colorado 81003, 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 attached Exhibit "A"
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.
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me this day of
e'e. brr ,2008 by /Q4ym6.,,4 L. //orr.ero--
f
f !` Witness my hand and official seal.
C, Ir ommission expires: a
� � ��QYDr1})v AFL_ �;� 1�' ��riital/ � • �if./�IA��c.r
Notary Public
a.. C'
i 1791694 WD 12/29/2008 03:34:22 PM
Page: 2 of 3 R 16.00 D 0.00 r 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
Bill P+PAW1191AXAM? INRIFFMCI00i 11111
EXHIBIT A
WARRANTY DEED
LAND DESCRIPTION
The north 86 feet of the west 10 feet of the vacated east half of Chester Avenue adjacent to Lot 1
Block 2, The Kelly Addition to Pueblo, Colorado as filed for record July 20, 1903, in book 9,
pages 45 & 46 in the County of Pueblo, state of Colorado.
I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state
that this land description and exhibit, being made a part hereof, were prepared under my
responsible charge and are accurate to the best of my knowledge, information and belief.
Riley MonjoBryan
Colorado P.L.S. 31925
CITY OF PUEBLO, BUREAU OF PUBLIC WORKS
October 31,2008
SHEET 1 OF 2
LEGEND
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CITY MONUMENT
40.14'(D)
RIVER ST I CHESTER AVE
BASIS OF BEARINGS
CP -1 TO CP -2
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CP -1 FOUND
CITY MONUMENT
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CHESTER AVENUE ADJACENT TO
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30 29 28 SHEET 2 OF 2
April 16, 2009
Mr. Raymond L. Herrera
404 East Ash Street
Pueblo, CO 81004
404 Ash Street — Adjacent Parcel
Quit Cla' Deed Error
Dear Raymond:
This past winter, the Pueblo City Council approved a land transfer between the City and you to
correct a street vacation oversight that occurred in1950. Unfortunately, -the Quit Claim Deed
that was approved and signed by the President of the Council mistakenly had the name,
"Robert L. Herrera ", as the Grantee. This incorrect deed has been filed for record with the
Pueblo County Clerk and Recorder.
To correct this error, we have prepared an amended Quit Claim Deed for the President of the
Council to sign that revises the deed to your name. It is hoped that the deed will be signed this
week and that the amended deed will be recorded shortly thereafter at no cost to you.
Your patience and understanding with this matter have been appreciated.
Regards,
Mi�lcey B
Interim D' ector of Public Works
pc: Tom Jagger, City Attorney
Gina Dutcher, City Clerk
Jerry Pacheco, Interim City Manager
C:/LH4040AshDeedTransfer.doc
Reception 1803120
04/24/2009
CORRECTED
QUIT CLAIM DEED
THIS DEED, made this 22 " day of December, 2008, between the City of Pueblo, a
Municipal Corporation grantor, and n,.>_,.. Raymond L. Herrera whose legal address
is 404 East Ash Street, Pueblo, Colorado 81003, of the County of Pueblo and State of Colorado,
grantee,
WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars
($10.00) 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:
See Exhibits "A" attached
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, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper
use, benefit and behoof of said Grantee, his heirs and assigns forever.
tl L City of Pye 9Sb1 a Municipal Corporation
B Gtr
y:
President of City Council
Attest:
_? City Clerk
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me this 3 day of
20,bY UCY a eCG ; /�ktchc—
'0 0,, W M,,;, ess my hand and official seal.
juf. ission expires:
j
IS
13 l= t � Notary Public
i n
Or
1803120 CORR_D 04/24/2009 02:46:37 PM
Pa ge: 2 of 6 R 31.00 D 0.00 T 31.00
Gilbert Ortiz Clerk /Recorder. Pueblo County. Co
EXHIBIT A
LAND DESCRIPTION
A Parcel of land located within Lot 1, Block 2, The Kelley Addition to Pueblo, Colorado
as filed for record on July 20, 1903 in book 9, pages 45 & 46 in the County of Pueblo,
State of Colorado, and a portion of vacated Chester Avenue adjacent to said portion of
Lot 1, being more particularly described as follows:
Beginning at the southwest corner of said Lot 1; thence N 0 °00' E along the west line of said Lot
1 a distance of 34.00 feet; thence N.87° 30' E., a distance of 13.72 feet to a point being the
southeast corner of the deed for 404 East Ash Street as filed for record at the office of the Pueblo
County Clerk and Recorder, book 2897, page 338 on June 4, 1996 (reception #1124494); thence
S.00° 00' E., a distance of 34.46 feet to a point on the south line of said Lot 1, said point also
being the north right -of -way of the alley in said Block 2; thence S90° 00' W along the north
right -of -way line of the alley a distance of 13.89 feet to the Point of Beginning. Also the east 10
feet of the east half of vacated Chester Street adjacent to the above described property.
1, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state
that this land description and exhibit, being made a part hereof, were prepared under my
responsible charge and are accurate to the best of my knowledge, information and belief.
Riley nroe Bryan
Colorado P.L.S. 31925
CITY OF PUEBLO, BUREAU OF PUBLIC WORKS
March 13, 2009
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1803120 CORR_0 04/24/2009 02:46:37 PM
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TO CP -2 FOUND
CITY MONUMENT
RIVER ST I CHESTER AVE
BASIS OF BEARINGS
CP -1 TO CP -2
NOO OO'OV'E
CP -1 FOUND
CITY MONUMENT
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ASH STREET
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N90° 00'E
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Galbert z /Recorder, Pueblo County Co
M1 IN IN's 11111
Reso. 11491 Paag of 12/29/2008 1.00 0.08 3 T 16.08
Gilbert Ortiz Clerk /Recorder, Pueblo County, Co
QUIT CLAIM DEED
THIS DEED, made this 22 day of December, 2008, between the City of Pueblo, a
Municipal Corporation grantor, and Robert L. Herrera, whose legal address is 404 East Ash
Street, Pueblo, Colorado 81003, of the County of Pueblo and State of Colorado, grantee,
WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars
($10.00) to the said Grantor in hand paid by the Grantee, the receipt whereof is hereby confessed
and acknowledged, bath 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 bath in and to the following described real property situate, lying and being in the
County of Pueblo and State of Colorado, to wit:
See Exhibits "A" attached
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, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper
use, benefit and behoof of said Grantee, his heirs and assigns forever.
of Pueblo, a Municipal Corporation
of City
w \ �
COUNTY ORPUEHLO
) as.
STATE OF COLORADO . )
The foregoing instrument was acknowledged before me this 2 2-�— day of
P - n ilGr
20 0f , by Dn rbq I Viol nn jr Ann Erns D"4r-. e r
my hand and official seal.
O T ,y eo ssion expires: f,11 / 2 0 a
. 3 ` � 11 it � dtt� i .�1r✓�J
• i �V
Notary Public
1803120 CORR_D 04/24/2009 02:46:37 PM
Pagge: 6 of 6 R 31.00 D 0.00 T 31.00
Gi Cbert Ortiz Clerk /Recorder, Pueblo County, Ca
mill KFIVI SAW 14 441M'La4 MLIA114/1111
1791003 0UIT 12128/2000 03:34:22 PM `
Paype: 2 of 3 R 16.00 D 0.00 T 18,00
Gllbart Ortiz Clark /Raeareer, Pueblo Gaunty, Co
i
4:11.
WARRANTY DEED
LAND DESCRIPTION
A Parcel of land located within Lot 1, Block 2, The Kelley Addition to Pueblo, Colorado
as filed for record on July 20, 1903 in book 9, pages 45 & 46 in the County of Pueblo,
State of Colorado, and a portion of vacated Chester Avenue adjacent to said portion of
Lot 1, being more particularly described as follows:
Beginning at the southwest corner of said Lot 1; thence N 0 E along the west line of said Lot
1 a distance of 34.00 feet; thence N.87 30' E., a distance of 13.72 feet to a point being the
southeast comer of the deed for 404 East Ash Street as filed for record at the office of the Pueblo
County Clerk and Recorder, book 2897, page 338 on June 4, 1996 (reception #1124494); thence
S.00' 00' E„ a distance of 34.46 feet to a point on the south line of said Lot 1, said point also
being the north right-of-way of the alley in said Block 2; thence S90a 00' W along the north
right-of-way line of the alley a distance of 13.89 feet to the Point of Beginning. Also the east 10
feet of the east half of vacated Chester Street adjacent to the above described property.
I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby star . -
that this land description and exhibit, being made a part hereof, were prepared under my
responsible charge and are accurate to the best of my knowledge, information and belief.
Riley M4 /w Bryan
Colorado P.L.S. 31925
CITY OF PUEBLO, BUREAU OF PUBLIC WORKS
December 16, 2008
/1111 i 11� {'
SHEET IOF2
1803120 CORR D 04/24/2009 02:46:37 PM
Page: 6 of 6 R 31.00 D 0.00 T 31.00
Gilbert Ortiz ClerklRecorder, Puebla Lcunty, Co W'`
®III I 'ya�Ilh��Ih�htWlrl'4 + h�+4L�hRl�hGMhtwal 11111
6 FGVND Ala 4 REBAR WRN RED CAPL& 12333
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P.OA a P0WT OF SED94 N3f G
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M � • ANCEP TACNE
TO CP-2 FOUND
CRY MONLAHM
RIVER ST I CHESTER AVE
BASIS OF BEARINGS
CP-i TO CP12
NOO'00'OP'E 4
P-1 FOUND
CITY MONUNENT
0
ASH STREET
0
ao
I
IW
EAST 10 FEET OF THE EAST HALF Y 7 •'
.OF VACATED CHESTER AVENUE ;
ADJACENT TO PROPERTY i •.. , p '•
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Par : 3 of 3 R 16.00D 6.00 T 16.00
Gl rt Orlia Clarkinsaartler, Puebla County, cc
1
1
30 I 29 I 28 SHEET 2 OF 2
Reception PM
Reso.` 11491 Pa g g e6 9 1 off R 00 0 00 16.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
• ®III t�' +P�hl��ll�h'h�''1�1Lt+�l G�R1��4�I�h',�I�L �IIII
QUIT CLAIM DEED
THIS DEED, made this 22 "d day of December, 2008, between the City of Pueblo, a
Municipal Corporation grantor, and Robert L. Herrera, whose legal address is 404 East Ash
Street, Pueblo, Colorado 81003, of the County of Pueblo and State of Colorado, grantee,
WITNESSETH, That the said Grantor, for and in consideration of the sum of Ten Dollars
($10.00) 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:
See Exhibits "A" attached
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, interest and claim whatsoever, of the said Grantor, either in law or equity, to the only proper
use, benefit and behoof of said Grantee, his heirs and assigns forever.
of Pueblo, a Municipal Corporation
President of City Council
Attest:
A y Clerk
COUNTY QF PUEBLO
ss.
STATE OF COLORADO )
nd,
The foregoing instrument was acknowledged before me this 27- day of
e-Mho r 20 0f by PZir� rwU/dMarard 91 r a Dk{cLer
' 1L e my hand and official seal.
W eonssionexpires:
Notary Public
-
h i
1791693 QUIT 12/29/200a 03:34:22 PM
Pa 2 of 3 R 16.00 D 0.00 T 15.00
Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc
EXHIBIT A
WARRANTY DEED
LAND DESCRIPTION
A Parcel of land located within Lot 1, Block 2, The Kelley Addition to Pueblo, Colorado
as filed for record on July 20, 1903 in book 9, pages 45 & 46 in the County of Pueblo,
State of Colorado, and a portion of vacated Chester Avenue adjacent to said portion of
Lot 1, being more particularly described as follows:
Beginning at the southwest corner of said Lot 1; thence N 0 °00' E along the west line of said Lot
1 a distance of 34.00 feet; thence N.87° 30' E., a distance of 13.72 feet to a point being the
southeast corner of the deed for 404 East Ash Street as filed for record at the office of the Pueblo
County Clerk and Recorder, book 2897, page 338 on June 4, 1996 (reception #1124494); thence
S.00 00' E., a distance of 34.46 feet to a point on the south line of said Lot 1, said point also
being the north right -of -way of the alley in said Block 2; thence S90° 00' W along the north
right -0f - -way line of the alley a distance of 13.89 feet to the Point of Beginning. Also the east 10
feet of the east half of vacated Chester Street adjacent to the above described property.
I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state
that this land description and exhibit, being made a part hereof, were prepared under my
responsible charge and are accurate to the best of my knowledge, information and belief.
nn
Riley Mo1f oe Bryan
Colorado P.L.S. 31925
CITY OF PUEBLO, BUREAU OF PUBLIC WORKS
December 16, 2008
��tlA1e;l i
SHEET 1 OF 2
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FOUND NO .4 REBAR WITH RED CAP L.S. 12833
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P.O.S. =POINT OF BEGINNING
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DISTANCE PER DEED
SCALE t" = 2(IV
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MEASURED DISTANCE EXHI B l T A
12- re-zcce
cin or vu.eb eureeuavuac ftno
TO CP -2 FOUND
CITY MONUMENT
RIVER ST I CHESTER AVE
BASIS OF BEARINGS
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