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HomeMy WebLinkAbout12802RESOLUTION NO. 12802 A RESOLUTION ACCEPTING A CONVEYANCE BY A WARRANTY DEED OF A VACATED ALLEY FROM THE OWNERS OF REAL PROPERTY LOCATED AT READING THTH AVENUE BETWEEN EAST 15 STREET AND EAST 16 STREET WITHIN PUEBLO, COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 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 Warranty Deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage. INTRODUCED: October 15, 2013 BY: Ed Brown Background Paper for Proposed RESOLUTION DATE: OCTOBER 15, 2013AGENDA ITEM # M-9 DEPARTMENT: PLANNING AND COMMUNITY DEVELOPMENT JULIE ANN WOODS, AICP/ASLA, DIRECTOR TITLE A RESOLUTION ACCEPTING A CONVEYANCE BY A WARRANTY DEED OF A VACATED ALLEY FROM THE OWNERS OF REAL PROPERTY LOCATED AT THTH READING AVENUE BETWEEN EAST 15 STREET AND EAST 16 STREET WITHIN PUEBLO, COLORADO ISSUE Should the City Council accept real property for the purpose of providing additional right-of-way for continuance of an alley? RECOMMENDATION Approval of this Resolution. BACKGROUND On September 22, 1986, City Council approved Ordinance 5346 vacating the west 50 feet of the alley adjacent to the east side of Reading Avenue and between East 15th and East 16th Streets. The Ordinance also provided an easement and right of way for the purpose of utilities and public alley as an alternate crossing. This easement meanders through the backyard portion of 1901 E. 15th Street which does not allow for its full utilization. At the time, a residential dwelling, constructed in 1920, was located across the alley blocking access to traffic and utilities. The alley dwelling has since been removed and the property owners are asking to deed to the City the vacated portion of the alley in exchange of the City releasing the easement. There are no utilities within the easement. Returning the alley to the original location will provide for its logical and anticipated function of vehicle movement and provide proper access to utilities. FINANCIAL IMPACT The City Streets Department will provide necessary gravel and earth grading for this portion of the alley. Property owner located at 1901 E 15th Street will provide monies in the amount of $1,590 for a concrete curb cut and associated sidewalk as per the City standards. Reception 1959071 10/28/2013 02:18 :32 PM WARRANTY DEED THIS DEED, made this -1 '•D day of Cr-- , 2013 between Fred Franklin and Naomi Franklin (hereinafter referred to as "Grantors "), and the City of Pueblo, Colorado, a Colorado municipal corporation whose legal address is 1 City Hall Place, Pueblo, CO 81003 (hereinafter referred to as "Grantee "): WITNESSESTH, that the Grantors, for and in consideration of the sum of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have granted, bargained, sold and conveyed, and by these presents do grant, bargain, sell, convey, and confirm, unto the Grantee, its heirs, successors and assigns forever, all the real property, together with improvements, if any, situate, lying and being in Pueblo County, State of Colorado, described as follows: All of vacated alley lying between Lots 1 and 2 and 21 and 22, all in Block 135, East Pueblo Heights Subdivision, Second Filing, according to the recorded plat thereof, City of Pueblo, County of Pueblo, State of Colorado for all purposes, together with all and singular the rights, benefits, privileges, easements, tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, and 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 Grantors, 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, successors and assigns forever. The Grantors, for themselves, their successors and assigns do covenant and agree that they shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and assigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantors. IN WITNESS WHEREOF, this Warranty Deed is executed by Grantors to be effective the day and year first above written. GRANTORS: Fred Fr. lin • N'. o oi Franklin 1959071 WD 10/28/2013 02:18:32 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co III 1 FA f 17[9 'L1 Pb 1III I which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of Pueblo , State of Colorado to wit: The South 1.00 foot of Lots 1 and 2, all in Block 135, East Pueblo Heights Second Filing, County of Pueblo, State of Colorado. IN WITNESS WHEREOF, the said first party has signed and sealed these presents the day and year first written above. Signed, sealed and delivered in the presence of: r Signature of Witness ���!� Print Name of Witnes r r � 1 6' Grantor �� < Signature of 8414#W3r Print Name of Witt* x9r if ,,_ i 7 Grantor r Signature of Grantor Print Name of Grantor ► AA W('. G i 1 State of Colorado ) County of Pueblo On October 3, 2013 , before me, David R.G. Webb appeared Fred Franklin and Naomi Franklin , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. (ci. DAVID R.G. WEBS ' NOTARY PUBLIC STATE OF COLORADO �� NOTARY ID b 20084033385 My COMM18810 N EXPIRES OCTOB 17,_20 - • ure of Notary Affiant Known1Produced ID Type of ID (Seal) vnwd socrates.com Page 2 of 2 c© 2005 Socrates Media, LLC LF298 -I • Rev. 05/05