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HomeMy WebLinkAbout11623RESOLUTION NO. 11623 A RESOLUTION GRANTING A QUIT CLAIM DEED TO LYNETTE WILZ FOR REAL PROPERTY LOCATED WITHIN HIRSCH SUBDIVISION TO PUEBLO WITHIN PUEBLO, COLORADO AND ACCEPTING CONVEYANCE OF A WARRANTY DEED FROM LYNETTE WILZ FOR REAL PROPERTY LOCATED WITHIN HIRSCH SUBDIVISION TO PUEBLO WITHIN PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed granting real property to Lynette Wilz, after having been approved as to form by the City Attorney, is hereby authorized and approved. SECTION 2. The warranty deed granted by Lynette Wilz, dated April 28, 2009, 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: May 26, 2009 F-W Judy Weaver COUNCILPERSON APPR D' } �- PRESIDENTaf City Council A77TSTED DY: CITY CLERK 4 Background Paper for Proposed RESOLUTION AGENDA ITEM # 9 DATE: MAY 26, 2009 DEPARTMENT: PUBLIC WORKS INTERIM DIRECTOR — MICKEY BEYER, P.E. TITLE A RESOLUTION GRANTING A QUIT CLAIM DEED TO LYNETTE WILZ FOR REAL PROPERTY LOCATED WITHIN HIRSCH SUBDIVISION TO PUEBLO WITHIN PUEBLO, COLORADO AND ACCEPTING CONVEYANCE OF A WARRANTY DEED FROM LYNETTE WILZ FOR REAL PROPERTY LOCATED WITHIN HIRSCH SUBDIVISION TO PUEBLO WITHIN PUEBLO, COLORADO ISSUE Should City Council grant a Quit Claim Deed to Lynette Wilz and in return accept a Warranty Deed from Lynette Wilz for the purpose of providing added right -of -way for Lee Lane? Approval of this Resolution. BACKGROUND On February 24, 2009 the Zoning Board of Appeals approved a variance with conditions allowing a newly constructed attached residential garage located 1.4 feet onto City property. A condition is Lynette Wilz will exchange property with the City to satisfy the Zoning Board of Appeals variance condition. With that deed transfer the garage will then be 4 feet back from the new front property line and will satisfy the variance. Originally the City received the property by a Quit Claim Deed on July 13, 1962 to construct the Lee Lane cul -de -sac. The property is rectangular in shape providing additional area not required for a cul -de -sac. This additional portion of City property will be Quit Claim Deeded and allow the existing cul -de -sac and sidewalk to remain within City owned property. In return, Lynette Wilz will transfer a parcel of land along the north side of Lee Lane containing a portion of existing public sidewalk and provide certain public improvements (17 lineal foot sidewalk, an asphalt skin patch to improve a roadway depression adjacent to the drive -cut and minor improvements to the drainage conditions at the end of Prairie Avenue). FINANCIAL IMPACT None. Reception 1811038 07/06/2009 CORRECTED ,WARRANTY DEED The grantor(s) shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the grantee(s), its successors 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 ) GRANTOR The foregoing instrument was acknowledged before me this � day of ,SUalp. 2009, by � \A i l �........ ,.., itnessIAVtl2aknd officia seal. �AV•Commiss s: 'p ,` Notary blic '',9r 0 F OoVjo` THIS DEED, Made this AS_ day of 2009, between Lynette Wilz, whose legal address is 1 Lee Lane, PuelW, Colorado 81004, of the County of Pueblo and State of Colorado, grantor and CITY OF PUEBLO, a Municipal Corporation, whose legal address is 1 City Hall EFE Place, Pueblo, Colorado 81003, of the County of Pueblo and State of Colorado, grantee: 4 3 P a WITNESSETH, That the grantor(s), for and in consideration of the sum of One Dollar and other r x good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has Nm o granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its successors and assigns, all of the real property, together with ma m improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: m mag mo SEE ATTACHED EXHIBIT A ' (This Warranty Deed shall replace in its entirety, the Warranty Deed recorded on May 29, 2009, Rec. # @m v g 1806992 due to an error in the original legal description.) m'!rng TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in any wise' appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits o L 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 m A�= ^° unto the grantee(s), its successors and assigns forever. And the grantor(s), for herself, her heirs and assigns, that at the time of the ensealing and delivery of these presents, the grantor(s) is well seized of the premises above described, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and 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), its successors 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 ) GRANTOR The foregoing instrument was acknowledged before me this � day of ,SUalp. 2009, by � \A i l �........ ,.., itnessIAVtl2aknd officia seal. �AV•Commiss s: 'p ,` Notary blic '',9r 0 F OoVjo` 1811038 CORR_D 07/06/2009 03:51:59 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County., Co ,III R6KF ViJWM9IkW W1 X44 IKILIJ+ MIJ 11 111 EXHIBIT A RIGHT -OF -WAY LAND DESCRIPTION A parcel of land located in a portion of Lot 1, Hirsch Subdivision in the City of Pueblo, County of Pueblo, State of Colorado and being more particularly described as follows: Considering the City of Pueblo Monuments at the intersections of Carlile Avenue and Prairie Avenue and Davis Avenue and Prairie Avenue to bear N. 00 °00'00" W., and all bearings contained herein being relative thereto. Beginning at the Southwest corner of Lot 1, Hirsch Subdivision according to the recorded plat thereof as filed for record at Reception No. 970716 said point also being on the Easterly right -of- way line of Prairie Avenue and the Northerly right -of -way line of Lee Lane as presently located; Thence N. 00 °00'00" E., along the Easterly right -of -way line of said Prairie Avenue, a distance of 1.98 feet; thence S. 85'32'10" E., a distance of 25.40 feet to a point on the Northerly right -of- way line of said Lee Lane; thence N. 89 °59'50" W., a distance of 25.32 feet to the Point of Beginning. Containing 25.0 square feet, more or less. I, David M. Stravia, 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. � 'old /V - %VM. S David M. travia � �P T Colorado P.L.S. 12933 a NorthStar Engineering and Surveying, Inc. /012M JN 08 039 00 _ . Page I of 2 p 2 N89 59'50 "W 25.32' EXISTING 4' CONCRETE SIDEWALK P. O. B. 0 m T/ - 1 1 p 2 N89 59'50 "W 25.32' EXISTING 4' CONCRETE SIDEWALK P. O. B. t'! 0 m � Z vl of Q) I , t'! Y- NORTHSTAR ^ ,I Illrr SCALE: 1" = 5' LECENIJ 0 FOUND MONUMENT WELL MTN LEAD AND TACK IN CONCRETE A FOUND MONUMENT WELL WITH NO. 4 REBAR, NO CAP 18 11038 CORR_D 07/05/2009 03:51:59 PM Gal6ert Clerkl Reoord Pue 6To 1 Cou00v� ®III N�' �aV ti�� /11,�9Ch4iL'1�������{i�,N�4 G�LI�rIY l��k ®I III AND SURVEY INC. PAGE 2 OF 2 � Z Q) , P o R m E O P O A R ?I E B Y- NORTHSTAR ^ ,I Illrr SCALE: 1" = 5' LECENIJ 0 FOUND MONUMENT WELL MTN LEAD AND TACK IN CONCRETE A FOUND MONUMENT WELL WITH NO. 4 REBAR, NO CAP 18 11038 CORR_D 07/05/2009 03:51:59 PM Gal6ert Clerkl Reoord Pue 6To 1 Cou00v� ®III N�' �aV ti�� /11,�9Ch4iL'1�������{i�,N�4 G�LI�rIY l��k ®I III AND SURVEY INC. PAGE 2 OF 2 Resolution 11623 Reception 1811039 07/06/2009 CORRECTED QUIT CLAIM DEED THIS DEED, Made this G day of 1a L7 , 2009, between the City of Pueblo, a Municipal Corporation, grantor, and Lynette Wilz whose legal address is 1 Lee Lane, Pueblo, Colorado 81004, 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 Cloth remise, release, sell, convey and QUIT CLAIM unto the said Grantee, her heirs 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 ATTACHED EXHIBIT A (This Quit Claim Deed shall replace in its entirety, the Quit Claim Deed recorded May 29, 2009, Rec. # 1806993 due to an error in the original legal description.) 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 rantee, her heirs and assigns forever. City of Pueblo, a Municipal Corporation By: President of City Couticil Attest: City Clerk STATE OF COLORADO) ) ss COUNTY OF PUEBLO ) � " ' instrument was acknowledoed before me this 6— day of JIJ mitnes,9 my'hand and official seal. SJF p, s; y cornrnis n expires: Notary Public O , ^O . G ., v 1811039 CORR_D 07/06/2009 03:51:59 PM Pagge: 2 of 3 R 16.00 D 0.00 T 16.00 Gi lbart Ortiz Cierk /Recorder, Pueblo County, Co ®IIIaY'�PVti���l n'hi�'I t�YI %UU ME Igh 11111 EXHIBIT A RIGHT -OF -WAY LAND DESCRIPTION A parcel of land located in a portion of Hirsch Subdivision in the City of Pueblo, County of Pueblo, State of Colorado and being more particularly described as follows: Considering the City of Pueblo Monuments at the intersections of Carlile Avenue and Prairie Avenue and Davis Avenue and Prairie Avenue to bear N. 00 °00'00" W., and all bearings contained herein being relative thereto. Beginning at a point from which the City of Pueblo Monument in Davis Avenue and Prairie Avenue bears S. 20 °07'52" W., a distance of 404.70 feet said point also being on the Southerly line of Lot 2 in Hirsch Subdivision according to the recorded plat thereof as filed for record at Reception No. 970716 and also being on the Northerly right -of -way line of Lee Lane as presently located; thence N. 01 °34'06" W., a distance of 20.00 feet; thence S. 89 °48'15" E., a distance of 50.00 feet to a point on the Easterly line of said Lot 2, thence S. 45 °59'06" W., a distance of 13.67 feet; thence Westerly along the arc of a curve to the left whose radius is 23.50 feet and whose center bears S. 45 °59'06" W., a distance of 49.70 feet to the Point of Beginning. Containing 289.5 square feet, more or less. I, David M. Stravia, 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. David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. JN 08 039 00 Page 1 of 2 P 'H XA m om— nm z o0 um N 0 pAL 00 . mmm EfE p R E P A R E D u j NOR=AR ENGINEERING AND SURVEYING, INC. S89*48'15"E SCALE: 1" = 10' LECEWW FOUND MONUMENT WELL WITH LEAD AND TACK IN CONCRETE A FOUND MONUMENT WELL WITH NO. 4 REBAR. NO CAP O hz A c O W N om NOR=AR ENGINEERING AND SURVEYING, INC. S89*48'15"E SCALE: 1" = 10' LECEWW FOUND MONUMENT WELL WITH LEAD AND TACK IN CONCRETE A FOUND MONUMENT WELL WITH NO. 4 REBAR. NO CAP