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Home My WebLink About12961RESOLUTION NO. 12961 A RESOLUTION TRANSFERRING A PORTION OF LOT 8 AND ALL OF LOTS 9 AND 10, BLOCK 20 OF ADEE, CHAMBERLIN AND WILEY’S SUBDIVISION TO LUCKY STAR LP, LLLP (DBA: BETHLEHEM SQUARE APARTMENTS) WHEREAS, the City of Pueblo, a Municipal Corporation, is the owner of real property adjacent to the Bethlehem Square Apartments; and WHEREAS, the said land is being transferred to LUCKY STAR LP, LLLP (DBA: BETHLEHEM SQUARE APARTMENTS) for the purpose of constructing an alternative access th to the southeast parking lot adjacent to West 11 Street; and th WHEREAS, if the West 11 Street Bridge Replacement project is canceled for any reason, then said land will be returned to the City within 90 days at no cost to the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed from the City of Pueblo, a Municipal Corporation (Grantor) to LUCKY STAR LIMITED PARTNERSHIP, LLLP, A COLORADO LIMITED LIABILITY LIMITED PARTNERSHIP (DBA: BETHLEHEM SQUARE APARTMENTS) (Grantee), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved, and the President of City Council is authorized to execute and deliver the Quit Claim Deed in the name of the City. SECTION 2. The City Clerk is directed to cause said Quit Claim Deed to be recorded immediately th prior to the recording of the vacation plat of a portion of West 12 Street and a portion of the thth alley between West 11 Street and West 12 Street adjacent thereto, in the office of the Pueblo County Clerk and Recorder. 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: May 12, 2014 BY: Chris Kaufman COUNCIL PERSON City Clerk’s Office Item # M-16 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: May 12, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director of Public Works SUBJECT: A RESOLUTION TRANSFERRING A PORTION OF LOT 8 AND ALL OF LOTS 9 AND 10, BLOCK 20 OF ADEE, CHAMBERLIN AND WILEY’S SUBDIVISION TO LUCKY STAR LP, LLLP (DBA: BETHLEHEM SQUARE APARTMENTS) SUMMARY: Attached is the Transfer Deed. PREVIOUS COUNCIL ACTION: An Ordinance Accepting a Grant and entering into a contract with CDOT. A Resolution to Award a Design Contract to URS Corporation. BACKGROUND: th The proposed West 11 Street Bridge Replacement Project will make the current access to the Bethlehem Square Apartments southeast parking lot inaccessible. The City proposes to th construct an alternative access extending south from the West 12 Street right-of-way. The transfer of these lots is necessary to construct the proposed parking lot access. th A related action to vacate a portion of West 12 Street and the portion of the alley located thth between West 11 Street and West 12 Street will be concurrent with the passage of this Resolution. The deed transferring the property will be filed prior to the filing of the vacation plat. Attached is a copy of the Deed. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The City of Pueblo met with representatives of Lucky Star LP, LLLP, (dba: Bethlehem Square Apartments). The same representatives were in attendance at the March 17, 2014 City Council th Work Session presentation concerning the West 11 Street Bridge Replacement project and proposed land transfer to allow the construction of the proposed new parking lot access. ALTERNATIVES: Denying this Resolution would result in the City of Pueblo being unable to proceed with the associated bridge replacement project. RECOMMENDATION: Approval of this Resolution. Attachments: Quit Claim Deed Reception 1983036 08/21/2014 03:28:42 PM QUIT CLAIM DEED 2014, THIS DEED, Made this 12th day of May ,ietween the City of Pueblo, a Municipal Corporation grantor, and Lucky Star Limited Partnership, LLLP, a Colorado limited liability limited partnership grantee whose legal address is 707 Sable Oaks Drive, South Portland ME 04106. WITNESSETH, 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 remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release, sell, convey and QUIT CLAIM unto the grantee, its successors and assigns, forever, all the right, title, interest, claim and demand which the grantor has in and to the real property, together with improvements, if any, situate, lying and being in the County of Pueblo and State of Colorado, described below and as shown on Exhibit "A"attached hereto and incorporated herein. The easterly 15.00 feet of Lot 8 and all of Lots 9 and 10, Block 20, Adee, Chamberlin and Wiley's Subdivision TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the grantor, either in law or equity, to the only proper use, benefit and behoof of the grantee, its successors and assigns forever. IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above. Documentation Fee: None Consideration Less than $500.00 City of Pueblo, a Municipal Corporation By: d4.4 .7 - > resident of City Counci ld Attest: City Clerk STATE OF COLORADO ) ) ss COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 12th day of May 201 2811, by Sandra K. "'Daff, as President of the City Council and Gina Dutcher as City Clerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires Malt.til a9j &O1 7 , / I, /•.t JEANETTE R.GONZALES Notary u•lic NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20134016224 COMMISSION EXPIRES MARCH 29,2017 1983036 QUIT 08/21/2014 03:28:42 PM Page: 2of Gilbert Ortiz2Clerk1Reco0rder, Pueblo l ou0nty, Co ---------------- — — — ®III IPAIFIII IIVEI/101'I 171'AMIAVOMIl1 aih 11111 ' I I I 1 - I I >• I I I EXHIBIT BIT " " I I 1 I ! BLOCK 19 BLOCK 11 Y .• . I I I I I I I I I I I I I I I I I I I I I I I I I I I I I oo NN I I I I I I 1 I I I I I I I I I I I I I I 77------1----1 /1 6I LINE OF SECTION 261 1 I 1 1 1 I I (ALSO SUBDIVISION BOUNDARY) j VACATED 12TH STREET VACATED 12TH STREET RECEPTION #1771601 BOOK 1715 PAGE 338 I35' USLITY EASEMENT ► 12TH 50.00'1/0 W: 1 - - 35' EASEMENT FOR EXISTING 0\ASEOENT/° " SEWER AND WATER SERVICES 0/RESERVATION N 0 — //////// / • ,VACATION A' ° \ \/50.00' / I I \ I I I I I I 1 1 1 I I I I I I I I I I I 1 I 1 N 0,I 11 I 1 I 1 I I 1 I I I O .,...„,, c)D \\\::\s, I I 1 I I I I I I I I I I I I I I I 15.00' BLOCK 24 /. TO BE VACATEDBLOCK 20 Hi//////// TING VACATED ALLEY z co -1 Q E f I I v 1 I I I Z I I I Iu 0 w Z 010 Q Z I I I I Z Z ZLI I I I I Q N I I z10 cI s ` m cl m 1I Q 1 m I = I I I I MI=I U UI to LI W , I 1 I 1 1 I -÷r= I 1 I 1 I I I } WI I I I 1 I I I 1 USI ' SCALE: `1 "=50' I