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HomeMy WebLinkAbout13182RESOLUTION NO. 13182 A RESOLUTION APPROVING AND ACCEPTING CONVEYANCE OF REAL PROPERTY FROM CRESTWOOD MANAGEMENT LLC, A COLORADO LIMITED LIABILITY COMPANY AND NEW HOME REALTY, INC., A COLORADO CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. nd City Council by Ordinance No. 6797 approved Crestview Hills, 2 Filing subdivision (“Plat”). The Plat was recorded in the office of the Pueblo County Clerk and Recorder on December 6, 2002, Reception No. 1473070. SECTION 2. nd Parcels A and B, Crestview Hills, 2 Filling are dedicated to the public on the Plat. SECTION 3. It is the City’s desire to have ownership of the Parcels A and B that have been dedicated to the public. SECTION 4. 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 5. This Resolution shall become effective upon final passage and approval. INTRODUCED: _ March 9, 2015 BY: Dennis Flores City Clerk’s Office Item # M-2 Background Paper for Proposed Resolution CITY COUNCIL MEETING DATE: March 9, 2015 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Public Works Director SUBJECT: A RESOLUTION APPROVING AND ACCEPTING CONVEYANCE OF REAL PROPERTY FROM CRESTWOOD MANAGEMENT LLC, A COLORADO LIMITED LIABILITY COMPANY AND NEW HOME REALTY, INC., A COLORADO CORPORATION AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a Resolution approving and accepting warranty deeds for conveyance of real property from Crestwood Management LLC, a Colorado Limited Liability Company and New Home Realty, Inc., a Colorado Corporation. There are two parcels of land that have been dedicated to the public for drainage and park purposes, by plat, that are still privately owned and need to be transferred to the City. PREVIOUS COUNCIL ACTION: None BACKGROUND: nd City Council approved the plat for Crestview Hills, 2 Filing subdivision by Ordinance 6797 and it was recorded on December 6, 2002, Reception No. 1473070, in the office of the Pueblo County Clerk and Recorder. On the plat are two parcels, Parcel A that is dedicated to the public for drainage purposes and Parcel B dedicated to the public for park and drainage purposes. Both parcels typically would be transferred to the City’s ownership by the plat but this did not occur when the developer inadvertently deeded the parcels along with several lots to another company they own prior to the Pueblo County Assessor completing the ownership transfers. With this transaction the Assessor did not transfer the ownership of the parcels to the City. This Resolution will transfer the ownership of the two parcels to the City and match the dedication on the plat. FINANCIAL IMPLICATIONS: None BOARD/COMMISSION RECOMMENDATION: None STAKEHOLDER PROCESS: nd There is no stakeholder process for this resolution, however In 2002, Crestview Hills 2 Filing subdivision did have several public hearings for input prior to City Council approving the subdivision. A public hearing was held with the Planning and Zoning Commission which they forward a recommendation of approval for the subdivision to City Council. City Council held a public hearing and they approved the subdivision with Parcel A being dedicated to the public for drainage purposes and Parcel B being dedicated to the public for park and drainage purposes. ALTERNATIVES: No action or denial alternative: This alternative would leave the parcels that have been dedicated to the public by plat under the control of private ownership and not the City’s. Parcels dedicated to the public need to be under the control and ownership of the City so City services can be provided. RECOMMENDATION: Approve the Resolution. Attachements: nd  Crestview Hills, 2 Filing plat  Warranty Deeds Reception 1999480 03/23/2015 02:55:13 PM Warranty Deed KNOW ALL MEN BY THESE PRESENTS, That NEW HOME REALTY, INC., a Colorado Corporation of the County of Pueblo and State of Colorado for the considerationof Ten Dollars arid' other good and valuable consideration----------------------------- 10.00--------------------- ($ --- dollars in hand paid hereby sell and convey to Pueblo, a Municipal Corporation whose legal address is (including road or street address if applicable) 1 City Hall Place Pueblo, Colorado 81003 io yoN JV4AVy' of the County of P,iehlp and State of Col nrarlc) the following Real Property situated in the County of and State of Colorado, to wit: Parcel A — Detention Pond Parcel B — Park/Detention Pond All in Crestview Hills 2nd Filing, City and County of Pueblo, State of Colorado with all its appurtenances and warrant (s) the title to the same, subject to Subject to the 2015 general taxes and all subsequent taxes and assessments. t , f.•., 6I ;` o • ` • , Signed and delivered this 9th c ,•v. , • a,k day of February, 2015 19 NEW HOME REALTY, INC., a Colorado Corporation Thomas E. Hausman, Vice President STATE OF 1 SS The foregoing instrument was acknowledged before me County of J this by Witness my hand and official seal. My commission expires STATE OF COLORADO County of PUEBLO SS this 1 9th RL -01 day of NOTARY PUBLIC 19 The foregoing instrument was acknowledged before me day of February, 2015 19 by Thomas Ha i mann as Vice President °°00000 6 4 °° e. °° ,;I and as Secretary of ° ,0 6 0° 1 t New Home Realty, Inc., a Colorado a corporation. Witness my hail an official seal. o My commissior glcpi` as 11-4-15 c? o w® J NOTARY PUBLIC IF JOINT TENANCY NOT nF,SIRED, STRIKE PHRASE BETWEEN ASTERISKS. Reception 1999481 03/23/2015 02:55:13 PM Warranty Deed KNOW ALL MEN BY THESE PRESENTS, That CRESTWOOD MANAGEMENT LLC, a Colorado limited liability company of the County of Pueblo and State of Colorado for the considerationof Ten Dollars and other good and valuable consideration ----------------------------- (g 10.00-------------------------7 dollars in hand paid hereby sell and bonvey to Pueblo, a Municipal Corporation whose legal address is (including road or street address if applicable) 1 City Hall Place Pueblo, Colorado 81003 N yoN JV4A6* of the County of Plehln and State of Col 1 cern d n the following Real Property situated in the County of and State of Colorado, to wit: Parcel A, Crestview Hills, 2nd Filing, All in the City and County of Pueblo, State of Colorado with all its appurtenances and warrant (s) the title to the same, subject to Subject to the 2015 general taxes and all subsequent taxes and assessments. Q , o°j t d`' ;'Si¢necjand delivered this 9th day of February, 2015 19 a CRESTWOOD MANAGEMENT LLC, a Colorado limited - - a Colorado Corporation as Manager `VU4 Wv VoE . V yy i/YOMO®®p BY: V `' L• . O Thomas E. Hausman, President STATE OF COT OR enn l ) SS The foregoing instrument was acknowledged before me County of oOo .1 this 9th da of Feb Y February, 2015 19 C) 's p by Thomas E. Hausman, President of T -E -H Developers, Inc., a Colorado Corporation as Manager of Crestwood Management LLC, Colorado Limited lie ility company aWitness my hand Vid official seal• o ° ' ftayX,Mmissinn &R ` 11-4-15 e + aa °p 0 a I' °9 `i 000m f!. NOTARY PUBLIC STATE OF County of) SS ) The foregoing instrument was acknowledged before me this day of 19 by as President and as Secretary of a corporation• Witness my hand and official seal, My commission expires NOTARY PUBLIC • IF JOINT TENANCY IS NOT DESIRED, STRIKE PHRASE BETWEEN ASTERISKS. RE -et a