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Home My WebLink About12970RESOLUTION NO. 12970 A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ACCEPT THE GIFT OF A PARCEL OF PROPERTY TOTALING APPROXIMATELY 80 ACRES FROM THE HIGHBERGER TRUST, THE ESTATE OF MARY ELLEN WAGGENER, AND THE BETTY KORB TRUST TO THE CITY OF PUEBLO FOR PARKS AND RECREATION AND OPEN SPACE PURPOSES, 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 the Pueblo Motorsports Park area (Parcel No. 517000005) for park and recreation and open space purposes; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. City Council hereby accepts the Quit Claim Deed for the following described property: The South ½, Southeast ¼ of Section 17, Township 20 South, Range 65 th West of the 6 P.M., County of Pueblo, State of Colorado containing approximately 80 acres. SECTION 2. The City Attorney is hereby authorized to record the Quit Claim Deed in the office of the Clerk and Recorder of Pueblo County. 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 and to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: May 27, 2014 BY: Chris Kaufman COUNCILPERSON City Clerk’s Office Item # M-2 Background Paper for Proposed R ESOLUTION COUNCIL MEETING DATE: May 27, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION AUTHORIZING THE CITY OF PUEBLO TO ACCEPT THE GIFT OF A PARCEL OF PROPERTY TOTALING APPROXIMATELY 80 ACRES FROM THE HIGHBERGER TRUST, THE ESTATE OF MARY ELLEN WAGGENER, AND THE BETTY KORB TRUST TO THE CITY OF PUEBLO FOR PARKS AND RECREATION AND OPEN SPACE PURPOSES, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a Resolution for City Council consideration authorizing the City of Pueblo to accept the donation of an 80-acre parcel of property, bordering the City’s Honor Farm Park and Open Space, from the Highberger Trust, Mary Waggener, and the Betty Korb Trust for parks and recreation and open space purposes. PREVIOUS COUNCIL ACTION: None. BACKGROUND: An 80 acre parcel of property located west of the Pueblo Motorsports Park Drag Strip area owned collectively by the Highberger Trust, the Estate of Mary Ellen Waggener, and the Betty Korb Trust has been offered as a donation to the City of Pueblo (see attached map). The property is identified in the Honor Farm Park and Open Space Master Plan for acquisition. The property is not subject to the restrictions of the conservation easement held by the State of Colorado. Although it could be added to the area included in the conservation easement, and an equal value of City’s Honor Farm property could be removed from the easement requirements providing for other uses not allowed within the conservation easement to be permitted. The Donors believe the property has a value of approximately $2,000 per acre. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the land following acceptance of the donation. There is currently no development or structures on the property and no hazardous materials or dumping of any significance have occurred on the property. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not accept the donation of the 80-acre parcel, the property immediately west of the Pueblo Motorsports Park will remain in private ownership. RECOMMENDATION: Approval of the Resolution. Attachments: Property Map 2007 Honor Farm Master Plan – “Parcels Recommended for Acquisition Map” Reception 1982360 08/14/2014 02:08:50 PM QUIT CLAIM DEED THIS DEED, made this 2-3 day of , Ok.`1 , 20 It* between HIGHBERGER TRUST,the Estate of MARY ELLEN WAGGENER, and ELIZABETH H. KORB TRUST Dated May 14,2004,(collectively"Grantors"),and the City of Pueblo,a municipal corporation organized and existing under and by virtue of the constitution and laws of the State of Colorado, ("Grantee") whose legal address is 200 South Main Street, Pueblo, CO 81003; WITNESSETH, that the Grantors, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns forever, all of the right,title interest,claim and demand that the Grantors have in and to the real property,together with the fixtures and improvements located thereon, if any, situate, lying and being inthe County of Pueblo and State of Colorado, described as follows: • The South 1/2, Southeast 1/4 of Section 17, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado containing approximately 80 acres 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 Grantors, either in law or in equity, to the only proper use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever. Documentary Fee: Exempt, sections 39-13-104(a) and (b), C.R.S. Consideration Paid: None—Donation. EXECUTED AND DELIVERED on the date set forth above. GRA ' OR Conrad Waggon , Tratig HIGHBERGER TR _ G', T• ' : / // 1 ak /moi 4 A /✓, D. D• IF haffer • . ` .:, Personal Representative of T e, Estate of Mary Waggener GRANTOR: Robert Korb, Trustee ELIZABETH H. KORB TRUST Dated May 14, 2004 AUG 1 8 2014 ' 1982360 QUIT 08/14/2014 02:08:50 PM Page: 2 of 2 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk/Recorder, Pueblo County Co Nv III IFFI ' I 'I1111'1h �lr 10111111011111111MA11111 ,,=�.�M N o F�s,�� Ttet 92.1 STATE OF COLORADO • jyc 5 COUNTY OF PUEBLO ) 4 4‘',At IC' The foregoing instrument was acknowledged before me this Z/ day of . - 20 /y by d ,�, (Nuqg 2t '', Trustee, HIGHBERGER TRUST, Grantor. Witness my hand and official seal. My commission expires: 3 -3 ` Notary Public STATE OF COLORADO ) pl.. ) ss. COUNTY OF-PUEBLO The foregoing instrument was acknowledged before me this 23 day of J v I y 20 / ti by n . Dq I t 163 f tk , Personal Representative of the Estate of Mary Ellen Waggener, Grantor. Witness my hand and official seal. JULIE WEIMAN My commission expires: flp•-i I t, L 0 1 8i• STATE OF COLORADO NOTARY ID 20024008286 MY COMMISSION EXPIRES APRIL 06,2018 N ary Public - STATE OF IDAHO ) ) ss. COUNTY OF BLAINE ) The foregoing instrument was acknowledged before me this Xprii day of July, 2014 by Robert Korb, Trustee, ELIZABETH H. KORB TRUST Dated May 14, 2004, Grantor. Witness my hand and official seal. My commission expires: 02 —3 I-go[`c CIAROLMONTEVERDE tOFIDNOTARY PUBLIC Notary Public /' STATE AHCRed,, �; , ��ulco