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