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HomeMy WebLinkAbout12897RESOLUTION NO. 12897 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ACCEPT THE GIFT OF A PARCEL OF PROPERTY TOTALING APPROXIMATELY TWO ACRES FROM CLIFF BRICE STATIONS, INC., A COLORADO CORPORATION, FOR PUBLIC USES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, C.R.S. 31-25-201 authorizes the City to acquire by gift such lands or interest in land, within or without the municipal limits as in the judgment of the City Council may be necessary, suitable, or proper for park and recreation purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest; and WHEREAS, the City Council desires to accept the property located west of Jerry Murphy Road and Candytuft Boulevard for public uses including open space, trail, and park purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. City Council hereby accepts the Special Warranty Deed for a parcel of property totaling approximately two acres from Cliff Brice Stations, Inc., a Colorado Corporation, as a gift to the City of Pueblo. SECTION 2. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and the attached Special Warranty Deed to effectuate the transactions described therein. SECTION 3. The City Attorney is hereby authorized to record the Special Warranty Deed in the office of the Clerk and Recorder of Pueblo County. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: February 10, 2014 BY: Chris Kaufman Councilperson Background Paper for Proposed RESOLUTION DATE: FEBRUARY 10, 2014 AGENDA ITEM # M-6 DEPARTMENT: PARKS AND RECREATION STEVEN MEIER, DIRECTOR TITLE A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ACCEPT THE GIFT OF A PARCEL OF PROPERTY TOTALING APPROXIMATELY TWO ACRES FROM CLIFF BRICE STATIONS, INC., A COLORADO CORPORATION, FOR PUBLIC USES AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council accept the gift of approximately two acres of property from Cliff Brice Stations, Inc., a Colorado Corporation, for public uses? RECOMMENDATION Approval of the Resolution. BACKGROUND In 2013, the Parks and Recreation Department entered into discussions with Cliff Brice, who owns a strip of property west of Jerry Murphy Road and Candytuft Boulevard. The parcel will be donated to the City of Pueblo for public use. The transfer of the two acre area parcel to the City will enable direct public access for a future trail connection from the University Park neighborhood to a trail along the east side of Fountain Creek that is planned to be constructed in the future. Without the ability to utilize this property, a trail would need to be routed unnecessarily around this property adding additional expense to the construction of a trail. This Resolution approves the acceptance of the property by the City. FINANCIAL IMPACT The City will pay $435 for a title insurance policy for the donated property. In addition, the City will be responsible for the maintenance of the land following acceptance of the donation. Reception 1968109 02/21/2014 02:43:14 PM SPECIAL WARRANTY DEED THIS DEED, made this 10th day of February , 2014 between Cliff Brice Stations, Inc. a Colorado corporation (hereinafter referred to as "Grantor "), and the City of Pueblo, Colorado, a Colorado municipal corporation whose legal address is 200 S. Main Street, Pueblo, CO 81003 (hereinafter referred to as "Grantee "): WITNESSESTH, that the Grantor, for and in consideration of the sum of ONE DOLLAR ($1.00), 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 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 on Exhibit A attached hereto and made a part hereof, 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 Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; This conveyance is made subject and subordinate to those encumbrances and exceptions (the "Permitted Exceptions ") set forth on Exhibit B attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD the said premises, subject to the Permitted Exceptions, above bargained and described, with the appurtenances, unto the Grantee, its heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns does covenant and agree that it 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 Grantor. IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor to be effective the day and year first above written. GRANTOR: Cliff Brice Stations, Inc. A Colorado Corporation By: ignaturd el-her OR i re FT � 64..4 (Print name and title) 1968109 WD 02/21/2014 02:43:14 PM Page: 2 of 4 R 26.00 D 0.00 T 26.00 Gilbert Ortiz Clerk /Recorder; Pueblo County, Co STATE OF COLORADO) F � � r gglehil � ��t�iii:i 111 ) SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this 5.t-h day of Fobruar -1 , 2014, by C.11 ' Qrice �C - , as �'r.esident of Cliff Brice Stations, Inc., a Colorado corporation. Witness my official hand and seal. My Commission Expires: O a 119 I I 1.0 ,.�NOA'gR Notary Public • NOTAR -- a111►- -- 44 . 4" .6.6te.,„,4* 5 Exhibit A — Legal Description THE NORTH 2 ACRES OF THE FOLLOWING DESCRIBED TRACT IN THE NE1 /4NW 1/4 OF SECTION 18, TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE 6TH P.M., BEGINNING AT A POINT ON THE WEST SIDE OF THE RIGHT OF WAY OF THE COLORADO AND SOUTHERN RAILROAD AND ITS POINT OF INTERSECTION WITH THE NORTH LINE OF SAID SECTION 18, WHENCE THE NORTHWEST CORNER OF SAID SECTION BEARS WEST 2316 FEET, THENCE S 6 DEGREES 30 MINUTES E ALONG THE WEST SIDE OF SAID RIGHT OF WAY 963 FEET, THENCE WEST AND PARALLEL TO THE NORTH LINE SAID SECTION 181 FEET, THENCE N 6 DEGREES 31 MINUTES W 963 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION, THENCE EAST ALONG THE SAID NORTH LINE 181 FEET TO THE PLACE OF THE BEGINNING 1968109 WD 02/21/2014 00:.00'T426M00 Page; o{ iz ClerklRecorc 4 R 26.00 D Gelber' g Or t r, uebl o County Co ®III a�C�I�Ii�CV4� � P iti���rh /1111 1968109 WD 02/21/2014 02:43:14 PM Page: 4 Gilbert Clerk/Recorder, 26.00 order, P ebloCounty, Co ®111 I ;4 4�4'�ItiK�iI �I�I�R1���P M��yW�h ®III Exhibit B Old Republic National Title Insurance Company Schedule B -2 (Exceptions) Order Number: PB35032376 The policy or policies to be issued will contain exceptions to the following unless the same are disposed of to the satisfaction of the Company: 1. Any facts, rights, interests, or claims thereof, not shown by the Public Records but that could be ascertained by an inspection of the Land or that may be asserted by persons in possession of the Land. 2. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records. 3. Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records. 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the Public Records. 5. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date of the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. 6. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records. 7. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b), or (c) are shown by the Public Records. 8. EASEMENT GRANTED TO BOARD OF WATER WORKS PUEBLO, COLORADO, BY INSTRUMENT RECORDED SEPTEMBER 05, 1961, IN BOOK 1460 AT PAGE 151. 9. ANY TAX, LIEN, FEE OR ASSESSMENT BY REASON OF INCLUSION OF SUBJECT PROPERTY IN THE PUEBLO CONSERVANCY DISTRICT DISTRICT, AS EVIDENCED BY INSTRUMENT RECORDEDAUGUSTOI, 2007, UNDER RECEPTION NO. 1736292. 10. LACK OF ACCESS TO AND FROM PUBLIC ROAD, HIGHWAY, OR STREET.