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12108
RESOLUTION NO. 12108 A RESOLUTION ACCEPTING THE CONVEYANCE OF LAND BY SPECIAL WARRANTY DEEDS FROM QWANZO, LLC, A COLORADO LIMITED LIABILITY COMPANY AND VILLAS AT PARK WEST, LLC, A COLORADO LIMITED LIABILITY COMPANY WHEREAS, Qwanzo, LLC, a Colorado Limited Liability Company, has executed and delivered a Special Warranty Deed to the City of Pueblo for a 3.27 acre parcel of land; and WHEREAS, Villas at Park West, LLC, a Colorado Limited Liability Company, has executed and delivered a Special Warranty Deed to the City of Pueblo for a 0.91 acre parcel of land; and BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The deed from Qwanzo, LLC, a Colorado Limited Liability Company (Grantor) to Pueblo, a Municipal Corporation (Grantee), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The deed from Villas at Park West, LLC, a Colorado Limited Liability Company (Grantor) to Pueblo, a Municipal Corporation (Grantee), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 3. The City Clerk is directed to cause said deeds to be recorded. Recording fees shall be paid for by the Grantors. INTRODUCED: March 28, 2011 BY: Leroy Garcia COUNCILPERSON Background Paper for Proposed R ESOLUTION DATE: MARCH 28, 2011 AGENDA ITEM # M-5 DEPARTMENT: PUBLIC WORKS DIRECTOR EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING THE CONVEYANCE OF LAND BY SPECIAL WARRANTY DEEDS FROM QWANZO, LLC, A COLORADO LIMITED LIABILITY COMPANY AND VILLAS AT PARK WEST, LLC, A COLORADO LIMITED LIABILITY COMPANY ISSUE Should the City Council accept a Special Warranty Deed from Qwanzo, LLC, a Colorado Limited Liability Company and a Special Warranty Deed from Villas at Park West, LLC, a Colorado Limited Liability Company for a portion of an arroyo? RECOMMENDATION Approval of this Resolution BACKGROUND Qwanzo, LLC, a Colorado Limited Liability Company, and Villas at Park West, LLC, a Colorado Limited Liability Company, wishes to convey to the City of Pueblo two (2) parcels of land within a portion of an arroyo which is tributary to Wildhorse Creek for ownership and maintenance. (See attached exhibit for details) FINANCIAL IMPACT There is no financial impact to the City of Pueblo due to this action. Reception 1871418 03/31/2011 SPECIAL WARRANTY DEED THIS DEED, dated Ni ,Ql bey , 200a Between QWANZO, L.L.C. a Colorado limited liability company 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 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 does grant, bargain, sell, convey and confirm unto the grantee, its successors 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. None assessor's schedule or parcel number None 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 successors and assigns forever The grantor, for himself, his successors and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it 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 easements, rights -of -way, restrictions, reservations, and covenants of record The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under grantor IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. QWANZO, L.L.C., a Colorado limited liability company By Outlook Development, LLC, a Colorado limited liability company As. Manager „gteadari-f-e Thomas C. Cone, Manager Sate of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this NQ11 Q� 1 , 2008 � kVt , by Thpmas C. Cone, as Manager of Outlook Development, LLC, a Colorado limited liability company, as Manager of QWANZO, L.L.C., a Colorado limited liability company 4Y P Witness my hand and official seal &) Witness O �/ My commission expires. 0 /- 0 20 - 0200 Sherry cn. SGits \\ %10Y--Q) sN Notary Public L% co ti My commissisa exp;res 2 - 20 - 2013 EXHIBIT A DRAINAGE RIGHT -OF -WAY LAND DESCRIPTION A right -of -way for Drainage purposes located in a portion of Park West Business Campus, Filing No 5 in the County of Pueblo and State of Colorado, and being more particularly described as follows Considering the South line of the W %2 of the SW 1 /4 of Section 15, Township 20 South, Range 65 West of the 6 P.M. to bear N 88 °42'57" E. and all bearings contained herein being relative thereto Commencing at the Southwest corner of Lot 2, Block 1 in Park West Business Campus, Filing No 2 according to the recorded plat thereof as filed for record at Reception No 1555457, thence N 00 °47'55" W , along the Westerly line of said Lot 2, Block 1, a distance of 138.37 feet to the Point of Beginning said point also being the most Southerly corner of Lot 1, Block 1 in Park West Business Campus Filing No 5 according to the recorded plat thereof as filed for record at Reception No 1768305, thence Westerly along the Southerly line of said Lot 1, Block 1 the following four (4) courses. 1 N 50 °27'21 "W., a distance of 88 68 feet; 2. N 56 °57'00" W., a distance of 266 09 feet; 3 N 64 °55'48" W., a distance of 318 76 feet; 4 N 40 °35'03" W., a distance of 290.56 feet to a point on the Westerly line of said Lot 1, Block 1 of said Park West Business Campus, Filing No 5 said point also being on the Easterly right -of -way line of Colorado State Highway No 45 as presently located, thence N 01 °45'08" W , along the Westerly line of said Lot 1, Block 1 in Park West Business Campus, Filing No 5 and the Easterly nght -of -way line of said Colorado State Highway No 45, a distance of 196 08 feet; thence S 50 °25'33" E., a distance of 220 61 feet; thence S 46 °10'53" E., a distance of 326.56 feet; thence S 64 °47'27" E., a distance of 200.34 feet; thence S 53 °04'55" E., a distance of 194 70 feet to a point on the Westerly line of said Lot 2, Block 1 in Park West Business Campus, Filing No 2, thence S 00 °47'55" E., along the Westerly line of said Lot 2, Block 1 in Park West Business Campus, Filing No 2, a distance of 154 86 feet to the Point of Beginning. Containing 3.27 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. Page 1 of 3 12933 I1 David M. Stravia F 2_D�,o9 7 �a Colorado P.L.S 12933 p * s NORTHSTAR ENGINEERING AND SURVEYING, INC %�� ql Su O\ q Po December 1, 2009 ��''� ©����� JN 99 045 22 Page 2 of 3 Reception 1871418 03/31/2011 Reception 1871419 03/31/2011 SPECIAL WARRANTY DEED THIS DEED, dated � �q AA lag r' ) , 200n Between Villas at Park West, L.L.C., a Colorado limited liability company 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 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 does grant, bargain, sell, convey and confirm unto the grantee, its successors 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. None assessor's schedule or parcel number None 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 successors and assigns forever The grantor, for himself, his successors and personal representatives, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it 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 easements, rights -of -way, restrictions, reservations, and covenants of record The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof by, through or under grantor IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. Villas at Park West, LLC, a Colorado limited liability company By Outlook Development, LLC, a Colorado limited liability company As Manager Thomas C. Cone, Manager Sate of Colorado ) ) ss. County of Pueblo ) The foregoing instrument was acknowledged befell; me this _[ gy p w► lof �-- f , 200, by Thomas C. Cone, as Manager of Outlook Development, LLC, a Colorado limited liability company, as Manager of Villas at Park West, LLC, a Colorado limited liability company i �qy p Witness my hand and official seal , y, My commission expires ,,z- ' Sherry . cn Slate Aa p ,5 r' � " '� Notary Public ``t (, IJ t.-�� My COM1711 l- exp;res 2-20-2013 DRAINAGE RIGHT -OF -WAY LAND DESCRIPTION A right -of -way for Drainage purposes located in a portion of Park West Business Campus, Filing No 2 in the County of Pueblo and State of Colorado, and being more particularly described as follows Considering the South line of the W '/2 of the SW 1/4 of Section 15, Township 20 South, Range 65 West of the 6 P.M. to bear N 88°42'57" E. and all bearings contained herein being relative thereto Beginning at the Southwest corner of Lot 2, Block 1 in Park West Business Campus, Filing No 2 according to the recorded plat thereof as filed for record at Reception No 1555457, thence N 00 °47'55" W., along the Westerly line of said Lot 2, Block 1, a distance of 293.23 feet; thence S 45 °51'21" E., a distance of 138 09 feet; thence S 56°35'13" E., a distance of 76 03 feet; thence S 38°32'14" E., a distance of 190 42 feet to a point on the Southerly line of said Lot 2, Block 1, thence S 88 °42'57" W., along the Southerly line of said Lot 2, Block 1, a distance of 277 18 feet to the Point of Beginning. Containing 0 91 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. 4 ,‘AV uuwiii David M. Stravia asTo �p Colorado P.L.S 12933 ���`r� NORTHSTAR ENGINEERING AND SURVEYING, INC * (/ i *1 December 1, 2009 o . JN 99 045 07 �,9 o O� Page 1 of 2 Reception 1871419 03/31/2011