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
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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
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Page 1 of 2
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Gilbert Ortiz Clerk/Rec.,rder, Pueblo County, Co
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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
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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
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Gilbert Ortiz Clerk/Recorder,III Rllr f. i `,I , T ,fYI`I' 'A I t eblo County. CO I
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