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HomeMy WebLinkAbout12508RESOLUTION NO. 12508 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FROM ROCLA CONCRETE TIE, INC., A TEXAS CORPORATION, TO THE CITY OF PUEBLO, A MUNICIPAL CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Warranty Deed, 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 City Clerk is directed to cause said Deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. INTRODUCED: October 9, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: OCTOBER 9, 2012 AGENDA ITEM # M-3 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, DIRECTOR TITLE A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FROM ROCLA CONCRETE TIE, INC., A TEXAS CORPORATION, TO THE CITY OF PUEBLO, A MUNICIPAL CORPORATION ISSUE Should the City Council accept a Special Warranty Deed from Rocla Concrete Tie, Inc.? RECOMMENDATION Approval of this Resolution. BACKGROUND In connection with the job creating capital improvement project for Rocla Concrete Tie, Inc. (“Rocla”), City Council approved an Agreement dated April 9, 2012 with the Pueblo Municipal Rail Corporation. The purpose of that Agreement was for the Rail Corporation to construct the rail facility to serve Rocla and other industries and to enter into required agreements with BNSF Railway. The purpose of that arrangement was to reduce potential liability risks to the City in the event of rail accidents. In furtherance of the Agreement, it is necessary that the City accept a Special Warranty Deed from Rocla for the purpose of conveying a non-exclusive easement and right-of- way to the Pueblo Municipal Rail Corporation over land on which the railroad lead track will be located. This Resolution accepts that Special Warranty Deed from Rocla. FINANCIAL IMPACT None. re: Res. 12508 Reception 1926685 11/28/2012 01:33:08 PM SPECIAL WARRANTY DEED Rocla Concrete Tie, Inc, a Texas corporation ( "Grantor ") whose street address is 3201 Lime Road , Pueblo, Colorado 81004 , for the consideration of Ten Dollars ($10.00), in hand paid, hereby sells and conveys to Pueblo, a Municipal Corporation ( "Grantee "), whose street address is 200 S. Main Street, Pueblo, Colorado 81003, City of Pueblo, County of Pueblo and State of Colorado, the following real property: All of Parcel B in St. Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record at Reception No. 1909383 in the Pueblo County records; with all its appurtenances and warrants the title against all persons claiming under Grantor, subject only to the following exceptions of record: All utility, rail and access on, through and across for daily plant operation and all recorded easements and encumbrances in Parcel B as shown on the recorded plat of St. Charles Industrial Park, Filing No. 1 in the Pueblo County records. c. P.--)0 Signed this ptr day of yi7- , 2012. GRANTOR: [S E A L] Rocla Concrete Tie, Inc. By: &e-6 -------- Peter Urquhart President of Rocl. oncrete Tie. State of abcoziL) ) ) ss. County of 1 n.'.J ,( ) The foregoing special warranty deed was acknowledged before me this day of ,S419-teImher , 2012, by Peter -14rgttitaft, as President of Rocla Concrete Tie, Inc., a Texas corporation. Urq_(,thar-1r Witness my hand and official seal. My commission expires 06--..24 41/Iiiii - kW/. .1 t i IANA MCMORRIS ( Notary Public e Notary Public 9 State of Colorado i 0