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
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,.., itnessIAVtl2aknd officia seal.
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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
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Place, Pueblo, Colorado 81003, of the County of Pueblo and State of Colorado, grantee:
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WITNESSETH, That the grantor(s), for and in consideration of the sum of One Dollar and other
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good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has
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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
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improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as
follows:
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SEE ATTACHED EXHIBIT A
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(This Warranty Deed shall replace in its entirety, the Warranty Deed recorded on May 29, 2009, Rec. #
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1806992 due to an error in the original legal description.)
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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
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thereof, and all the estate, right, interest, claim and demand whatsoever of the grantor(s), either in law
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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
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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
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,.., itnessIAVtl2aknd officia seal.
�AV•Commiss s:
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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
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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.
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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 )
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instrument was acknowledoed before me this 6— day of JIJ
mitnes,9 my'hand and official seal.
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Notary Public
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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
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