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HomeMy WebLinkAbout11671RESOLUTION NO. 11671 A RESOLUTION ACCEPTING TWO (2) WARRANTY DEEDS FOR RIGHT -OF -WAY FOR FUTURE WALKING STICK BOULEVARD WITHIN THE WALKING STICK VISTA SUBDIVISION, FILING NO. 1 FROM ENCORE COMMUNITIES USA, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SFrTinN 1 The Warranty Deeds granted by Encore Communities USA, LLP, a Colorado Limited Liability Partnership dated March 12, 2009 and July 2, 2009, copies of which are attached hereto, after having been approved as to form by the City Attorney, are hereby approved and accepted. SECTION 2. This Resolution shall become effective upon final passage and approval. SECTION 3. The City Clerk is directed to cause said Warranty Deeds to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. The recording fees are to be paid for by the grantor. A77TSTFD SY: CITY CLERK INTRODUCED: Auaust 10. 2009 BY: Randy Thurston } C � OUNCILPERSON APPR D' } �- PRESIDENTaf City Council ON aim I ff. NO= Background Paper for Proposed Resolution AGENDA ITEM # M-8 DATE: AUGUST 10, 2009 DEPARTMENT: PUBLIC WORKS DIRECTOR - EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING TWO (2) WARRANTY DEEDS FOR RIGHT -OF -WAY FOR FUTURE WALKING STICK BOULEVARD WITHIN THE WALKING STICK VISTA SUBDIVISION, FILING NO. 1 FROM ENCORE COMMUNITIES USA, LLP, A COLORADO LIMITED LIABILITY PARTNERSHIP ISSUE Should the City Council accept two (2) Warranty Deeds for right -of -way for future Walking Stick Boulevard within the Walking Stick Vista Subdivision, Filing No. 1 from Encore Communities USA, LLP, a Colorado Limited Liability Partnership? Approval of this Resolution BACKGROUND As a condition of the PUD, Encore Communities is required to deed the future alignment of Walking Stick Boulevard to the City of Pueblo along with the Walking Stick Vista Subdivision, Filing No. 2. FINANCIAL IMPACT There is no financial impact upon the City of Pueblo due to this action. Reception 2078985 08/14/2017 02:07:29 PM /WARRANTY DEED 4 THIS DEED, dated cc-h /02 , 200/ Between Encore Communities USA, LLP, a Colorado Limited Liability Partnership of the County of Pueblo and State of Colorado, grantor and PUEBLO, a Municipal Corporation whose legal address is 1 City Hall Place Pueblo, CO 81003 of the County of Pueblo and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: SEE ATTACHED EXHIBIT A also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and 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, its heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, he 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 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, except The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF,the grantor has executed this deed on the date set forth above. t.t.-_<-Airtaf- IA1(kk tn,I 1(7,‘ r /..!:,);____ ,--\.1 / Larry Belkin, Partner STATE OF COLORADO ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this //o22fi- /c , 2007, by Larry Belkin, Partner of Encore Communities USA, LLP, a Colorado Limited Liability Partnership. ,\cz,\ VIA T.f Witness my hand and official seal. * i o! n n My commission e rrtjrac S-.2/-‹-2.0 f'1 P . a ?i` Lt, * * * ) r'1 iJ L.:L C F i.t,o/ U82&nlorr Ai/e. Notary Public My commi :.ca e::pirc3 521-2011 2078985 WD 08/14/2017 02:07:29 PM Page: 2 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111RIVALIT IGNII1.QI,Kili11.111P4 W,111 11111 EXHIBIT A RIGHT-OF-WAY LAND DESCRIPTION A parcel of land located in a portion of Fountain Lake Subdivision in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lots 4 through 8 both inclusive and Lots 24 through 34 both inclusive in Block 1 in Fountain Lake Subdivision according to the recorded plat thereof as filed for record on December 12, 1888 in the Pueblo County records. Containing 1.06 acres, 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. fitajlit 'p M. ST ' w,, David M. Stravia 'OQ • " 1 71'74 Colorado P.L.S. 12933 NORTHSTAR ENGINEERING AND SURVEYING, INC. 1 ihk 12933 January 22, 2009 I JN 0702206y>9 p k 44%,0rFrn nu+ iN%` `w Page 1 of 2 ',Nom 2078985 WD 08/14/2017 02:07:29 PM Page: 3 of 3 R 23.00 D 0.00 T 23.00 Gilbert Ortiz Clerk/Rec.,rder, Pueblo County, Co Nummiliii&\ 1111 N IN, .rt Lf 14NPiniiii41+kl11r w i ll i Y i, 11111 0 I 1\ N Lu C 1 Q a./1 — — — ` — i — Z I / — —I I — I z, (.) ,..i.,,,:) .. \ __ 1 r _,,__ _1 ,, \........„/____ _ _ 3.. V1 ii _=: . e...„, \___Q 2°Z '.`` Imo` —'-N V ly 1 / Q ,N I ` 4 • wt. •Y' ` –4-....1--I CV` 1 /I ISI I [ Z:Z3 !EL- Zsj .... — II '0- _-___:-C:",-• 1 7 bpi I 11` 4 `,rw- 1 1 I 1 4Ift .°.'.(1 Q. 411 IS1:11 CV r-..... , 1 - / .1 Ir i I Q 1 '_",T 1 I E!:!1O ... i 1 I 1 P••• 1, I I H I I 1_a. \ g i cys az zo w OQ QO 0 W 3W 0 Lu to Q. O Q, ...........•••••••6.,...........r*1 2 I oa . . p2^ I 3 W p `No,.i C. Z Qtn' 3ti m "oR U ' o W( 0 o kr..) z Sao 04 0401044404wA oaf+ Reception 2078986 08/14/2017 02:07:29 PM WARRANTY DEED THIS DEED, dated T/ c ad, 200/ Between Encore Communities USA, LLP, a Colorado Limited Liability Partnership of the County of Pueblo and State of Colorado, grantor and PUEBLO, a Municipal Corporation whose legal address is 1 City Hall Place Pueblo, CO 81003 of the County of Pueblo and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: SEE ATTACHED EXHIBIT A also known by street and number as: assessor's schedule or parcel number: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, the reversion and reversions, remainder and 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, its heirs and assigns forever. The grantor, for himself, his heirs and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its heirs and assigns, that at the time of the ensealing and delivery of these presents, he 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 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, except The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Co),ncor pities USA, LLP Larry Belkin, Partner STATE OF COLORADO ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this . , 200 9, by Larry Belkin, Partner of Encore Communities USA, LLP, a Colorado Liniited Liability Partnership. V A Witness my hand and official seal. My commission expires: .2'p// u S 1r 4 6 y .y r r '' ,.2.V I G/dR.jd . Notary Public Poebb rgr o y 2078986 WD 08/14/2017 02:07:29 PM Page: 2 of 3 R 23.00 D 0,00 11 23.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co 1111 krafitR r+iiMAD JUVI�'�lNwValkl iii 11111 EXHIBIT A LAND DESCRIPTION WALKING STICK BOULEVARD A parcel of land located in a portion of Parcel I in Walking Stick Vista, Filing No. 1 in the SE 1/4 of Section 8, Township 20 South, Range 64 West of the 6th P.M. the County of Pueblo and State of Colorado being 104.00 feet in width, 52.00 feet on each side of the following described centerline: Considering the North line of the SE 1/4 of Section 8, Township 20 South, Range 64 West of the 6th P.M. to bear N. 87°28'12" E. and all bearings contained herein being relative thereto. Commencing at the E 1/4 corner of Section 8; thence S. 67°56'55" W., a distance of 2425.56 feet to the Point of Beginning said point also being on the centerline of Walking Stick Boulevard and the Easterly right-of-way line of Mica Street as presently located in Walking Stick Vista, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1765211 in the Pueblo County records; thence S. 89°51'15" E., a distance of 516.32 feet; thence Easterly along the arc of a curve to the right whose radius is 700.00 feet, a distance of 304.02 feet; thence S. 64°58'09"E., a distance of 277.38 feet; thence Easterly along the arc of a curve to the left whose radius is 800.00 feet, a distance of 292.08 feet; thence S. 85°53'16" E., a distance of 318.75 feet; thence Southeasterly along the arc of a curve to the right whose radius is 550.00 feet, a distance of 832.48 feet; thence S. 00°50'06" W., a distance of 483.46 feet to a point on the South line of Parcel I in said Walking Stick Vista, Filing No. 1 and the Point of Terminus. Containing 7.22 acres, 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. M. ST,,p4 , Da id . Stravia Colorado P.L.S. 1293312933 ' * NORTHSTAR ENGINEERING AND SURVEYING, INC. *`' ; A t, July fr i- 1N 07 022 06 es,,/), swi c Page 1 of 2 2078 :07 6 ," 0 .0 MI Ps>No MI PI v Page983 of p308R 123.007D00.00 T923PM .00 Gilbert Ortiz Clerk/Recorder,III Rllr f. i `,I , T ,fYI`I' 'A I t eblo County. CO I G moo Ii4 ,4u 1YLti'h I III v) D gap t p U m yZy= C 2 g °'stn 0 In 99 ung c, m Ui g 0 an 0 nA n2 c, 2 a b r c' g ...tn t-•. An N a 03...z,0) 2 a. COSn 2 \ C / ' \ / < / / -.. I N -1 . 4 C I 'y 1 ^y Q ` i / ` / 7—TTTTT- -1 / J IR\ , ( y < / / 1 I .4-_I 11 I b....Ns- ./ i Y y I 1i 1-141 y,c ,y ^`I ..i_.it.. 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