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HomeMy WebLinkAbout12806RESOLUTION NO. 12806 A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FOR PARCEL A, VENTANA, FILING NO. 1 FROM VENTANA HOMEOWNERS ASSOCIATION OF PUEBLO, INC., A COLORADO CORPORATION BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The special warranty deed granted by Ventana Homeowners Association of Pueblo, Inc., a Colorado Corporation dated September 25, 2013, a copy of which is attached hereto, after 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 special 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 passage and approval. INTRODUCED: October 15, 2013 BY: Ed Brown Background Paper for Proposed R ESOLUTION DATE: October 15, 2013 AGENDA ITEM # M-13 DEPARTMENT: PUBLIC WORKS DEPARTMENT DIRECTOR - EARL WILKINSON, P.E. TITLE A RESOLUTION ACCEPTING A SPECIAL WARRANTY DEED FOR PARCEL A, VENTANA, FILING NO. 1 FROM VENTANA HOMEOWNERS ASSOCIATION OF PUEBLO, INC., A COLORADO CORPORATION ISSUE Should the City Council accept a Special Warranty Deed for Parcel A, Ventana, Filing No. 1? RECOMMENDATION Approval of this Resolution BACKGROUND The Ventana Homeowners Association of Pueblo (HOA) currently irrigates the landscaping in Parcel A with an irrigation well. The quality of water in the irrigation well has deteriorated and the HOA would like to replace the irrigation well with water from the Pueblo Board of Water Works (BOWW). The Bandera Special Improvement Maintenance District (BSIMD) has agreed to pay for the water usage and maintain the landscaping in Parcel A if the developer, Roger Fonda, provides the water meter and upgrades the existing irrigation system at his cost. In order for the BOWW to provide the BSIMD with water service, Parcel A needs to be deeded to the City. FINANCIAL IMPACT The Pueblo Board of Water Works will provide the irrigation water at no charge to the Bandera Special Improvement Maintenance District for three years. The BOWW has agreed to discount the water charges to BSIMD by 50% following the three year free usage. Reception 1959069 10/28/2013 02:18:32 PM SPECIAL WARRANTY DEED THIS DEED, is dated 25 day of September , 2013 , and is made between VENTANA HOMEOWNERS ASSOCIATION OF PUEBLO, INC. (whether one, or more than one), , the "Grantor," of the County of Pueblo and State of Colorado , and CITY OF PUEBLO, A MUNICIPAL CORPORATION (whether one, or more than one), the "Grantee," whose legal address is:, ONE CITY HALL PLACE, PUEBLO, COLORADO 81003 of the said County of Pueblo and State of Colorado WITNESS, that the Grantor, for and in consideration of the sum of ( $ 10.00 ) Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, located in the County of Pueblo and State of Colorado described as follows: PARCEL A, VENTANA FILING #1 also known by street address as: V/L Pueblo, CO 81005 and assessors's schedule or parcel number: 15- 170 -04 -019 TOGETHER with all and singular the hereditaments and appurtenances there unto belonging, or in anywise appertaining, the reversions, 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 and the Grantee's heirs and assigns forever, The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant and agree that the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but not any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs and assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through, or under the Grantor except and subject to: IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. VENTANA HOMEOWNERS ASSOCIATION OF PUEBLO, INC. BY: • • (. - . 0 A, CHAIRMAN OF THE BOARD OF VEN ANA HOMEOWNERS ASSOCIATION OF PUEBLO, INC., A COLORADO CORPORATION State of Colorado ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this 25th day of September , 2013 , by Roger H. Fonda as Chairman of the Board of Ventana Homeowners Association of Pueblo, Inc., a Colorado Corporation. SHARON T. JOHNSON Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO OLORADO NOTARY ID # 19994015791 MY COMMISSION EXPIRES JUNE 03, 2018 Notary Public: Sharon . Johnson My commission expires: 06 / 03 / 2015 . 1700 Fortino Blvd. Pueblo, CO 81008 `4. . - . _1• u• ". . • ••• .