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Home My WebLink About08858ORDINANCE NO. 8858 AN ORDINANCE TRANSFERRING CERTAIN REAL PROPERTY TO, AND APPROVING AN IMPROVEMENT AGREEMENT WITH SPACCAMONTI EXCAVATING, INC. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Quit Claim Deed from the City of Pueblo, a Municipal Corporation (Grantor) to Spaccamonti Excavating, Inc. (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 Improvement Agreement between the City of Pueblo, a Municipal Corporation, and Spaccamonti Excavating, Inc., a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approve, and the President of City Council is authorized to execute and deliver the Improvement Agreement in the name of the City. SECTION 3. The City Clerk is directed to cause the Quit Claim Deed to be recorded immediately in the office of the Pueblo County Clerk and Recorder. 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 Ordinance to effectuate the policies and procedures described herein. INTRODUCED: _ March 23, 2015 BY: Ed Brown PASSED AND APPROVED: April 13, 2015 City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: March 23, 2015 TO: President Steve Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Earl Wilkinson, Director, Public Works Daniel C. Kogovsek, City Attorney, Law Department SUBJECT: AN ORDINANCE TRANSFERRING CERTAIN REAL PROPERTY TO, AND APPROVING AN IMPROVEMENT AGREEMENT WITH SPACCAMONTI EXCAVATING, INC. SUMMARY: Attached are the Quit Claim Deed and Improvement Agreement. Transferring the property and approving the Improvement Agreement are both necessary. PREVIOUS COUNCIL ACTION: None. BACKGROUND: In the Fall of 2014, Spaccamonti Excavating, Inc. approached the City to acquire certain real property in order to access its existing property. The property consists of the dead end section of Mesa Avenue just past School Street. The City surveyed the property and determined the legal description. The City obtained a Broker Price Opinion that determined the value of the property to be $1,500.00. The City does not currently use this property and has no plans to use it in the future. There currently exists drainage and illegal dumping problems on the property and adjacent properties. Pursuant to the Improvement Agreement, Spaccamonti Excavating, Inc. has agreed to improve the property to alleviate some of the drainage issues and to fence the property to prevent illegal dumping. The value of the improvements exceeds the value of the property. FINANCIAL IMPLICATIONS: There are no financial implications for the City. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: Council can refuse to approve the proposed Ordinance and transfer of the property. If the proposed Ordinance is not approved, the drainage and illegal dumping problems on the property will continue. RECOMMENDATION: The Public Works and Law Departments recommend approval of this Ordinance. Attachments: Quit Claim Deed Improvement Agreement Reception 2010661 07/20/2015 09:44:51 AM QUITCLAIM DEED THIS QUITCLAIM DEED, made this 23`d day of March, 2015, 2014 between the City of Pueblo, Colorado, a Colorado municipal corporation, whose legal address is 200 S. Main Street, Pueblo, CO 81003 (hereinafter referred to as "Grantor"), and Spaccamonti Excavating, Inc., whose legal address is 1805 Aspen Circle, Pueblo, CO 81006 (hereinafter referred to as "Grantee"): WITNESSESTH, that the Grantor, for and in consideration as set forth in the Improvement Agreement attached hereto as Exhibit A, the value of which shall be no less than ONE THOUSAND FIVE HUNDRED DOLLARS AND NO/100 ($1,500.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has QUITCLAIMED, and by these presents does QUITCLAIM, unto the Grantee, his heirs, successors and assigns, all right, title and interest that the Grantor has in the real property, together with improvements,if any, situate, lying and being in Pueblo County, State of Colorado, described as follows: LEGAL DESCRIPTION ATTACHED HERETO AS EXHIBIT B. IN WITNESS WHEREOF, this Quitclaim Deed,is,executed by Grantor to be effective the day and year first above written. GRANTOR: / cl/iP p 1 : Exhibit A to Quit Claim Deed IMPROVEMENT AGREEMENT This Improvement Agreement is entered into this 23`d day of March, 2015 by and between the City of Pueblo, Colorado, a Colorado municipal corporation (the "City"), and Spaccamonti Excavating("Spaccamonti"): WHEREAS, Spaccamonti desires to acquire certain real property from the City as • . described in the Legal Description attached hereto as Exhibit A (the"Property"); '�o WHEREAS,the City is desirous of selling the Property to Spaccamonti;and oleo_ m • L '+O m_a WHEREAS, the City has received a Broker Price Opinion dated January 30, 2015 that Nol 171 values the Property at$1,500.00; N�M= NOW THEREFORE, in consideration of the foregoing, the City and Spaccamonti agree I- as follows: ~cO• N %Re 1. Spaccamonti shall improve the Property to the benefit of the City as follows: oN r� to . 0t See Exhibit B attached hereto. N a 2. The improvements completed on the Property by Spaccamonti shall be valued at no less than$1,500. 3. Upon completion of the improvements and approval of the same by the Director of Public Works or his designee, the City shall transfer ownership of the Property to Spaccamonti Excavating by Quit Claim Deed. 4. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in a state court with jurisdiction located in Pueblo County, Colorado. 5. This Agreement shall not be assigned by Spaccamonti without the prior written consent of the City, which consent may be granted, denied, or conditioned in City's sole and absolute discretion. 6. The Parties agree to execute any additional documents or take any additional action that may be necessary to carry out this Agreement. 7. This Agreement represents the entire agreement between the Parties and supersedes all prior discussions and written agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the Parties. If any provision of this Agreement is held invalid or unenforceable,no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. This Agreement may be executed in multiple counterparts,each of which shall be deemed an original, and all of which together constitute one and the same agreement. 20106618gQUIT 07/20/2015 09:44:51 AM G!lbert30rrtfiz$C1erk/Reoorder0 Lit blo4Cou0nty Co ra 'I PC N'h LLINLI KAN, 11111 DATED this 13th day of April , 2015. SPACCAMONTI EXCAVATING By: ) '-• Yr-bc, Its: PUEBLO,a M •' '.a • ora p ` President a ."'","�ounce ATTEST: City k Exhibit A to Improvement Agreement LEGAL DESCRIPTION A portion of Mesa Avenue right-of-way, as platted In Laibach, Third Filing, filed for record October 30,1917 In Book 11 at Page 12 in the records of the Pueblo County Clerk and Recorder, located within a portion of Section 6, Township 21 South, Range 64 West of the 6th Principal Meridian In the County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the Southwest corner of Lot 29, Block 5,Laibach,Third Filing,said point also being the point of intersection of the Easterly right-of-way line of School Street and the Northerly right-of-way line of Mesa Avenue;thence Easterly along the Northerly right-of-way line of Mesa Avenue to a point,said point being the Southeast corner of Lot 29,Block 5, Laibach,Third Filing;thence continuing Easterly,along the same course of the Northerly right- of-way line of Mesa Avenue,if extended,to a point,said point being a point on the Easterly subdivision line of Laibach,Third Filing;thence Southerly,along the Easterly subdivision line of Laibach,Third Filing,to a point,said point being a point on the South right-of-way line of Mesa Avenue and said point also being the Northeast corner of Block 12,Laibach,Third Filing;thence Westerly along the Southerly right-of-way line of Mesa Avenue to a point,said point being a point of intersection of the Easterly right-of-way line of School Street if extended Southerly,to the Southerly right-of-way line of Mesa Avenue;thence Northerly,along the Easterly right-of- way line of School Street,if extended,to a point,said point being the Southwest corner of Lot 29, Block 5,Laibach,Third Filing and the POINT OF BEGINNING. 2010661 QUIT 07/20/2015 09:44:51 AM Page: 4 R 46. 0.00 T 46.00 Gilbert Ortizof8 Clerk/Recor00dDer, Pueblo County, Co 11111MONICIV'ilrill'AV.%11:1111Ailiiiliviiiii 1111 You created this PDF from an application that is not licensed to print to novaPDF printer(http://www,novaDdf.com) Exhibit A to Improvement Agreement LEGAL DESCRIF[ION FOR A ;_ 011 PORTION OF MESA AVENUE IN LAIBACHI THIRD FILING ,. i..♦ 4wP J•eM1N OW., 2I �, Vit, i er1/41.__Ii\t1 y .[,:_. I k i Ilia 1 11 I :1: IllY[I AY/ IL _ o • ____—.6—,_ _ _. __� V • „ . - ...4 -CI al- H--'__- 17"'"'""‘r°.: C , TR __ N _ ••0 al p -47 ,i,____ _ _.I 1 li_i_z_______________. 0________ . •fi,-) t0 ..m'. iiiiIr3 LLT ±-7_,I___ ' --....-:---1- -------.' 0 t c _.. Nam yi MESA AVE P.O.B. �'//: ii 1 I w I 0 1 >5 1 1 4ii - _ 21—... r ..i,;_- ___ .. -u j , fy / 0I1T A7 V1 1_,.. r+V1 t •,pti..,tikd�,nv.d'+aln.km4.....Dna.b!,0 .y.t.c.•i•s i. n�e . I� }II of n< 1' Ilia`'My>(hAla�f id Ji�4i.elan�w.i41,y fa l„.. ...y,,'ayNlrrww WhJo mia'vJl,..„, Exhibit B to Improvement Agreement Spaccamonti Excavating,Inc. "A Woman&siness Enterprise/Disadvantaged Business Enterprise` 1805 Aspen Circle Pueblo,CO 81006 (719)544-8943 FAX(719)544-6688 0 o a� £¢m coo to RI- mai wr O 4IG nr 01 02 01 Improvements: Clean up and remove trash _ - 0 N_ Remove dead trees and eliminate bugs m m 13 Install culvert, install road,and fill in ravine NaY 0 Clean up open waste water collection area,ridding stale water and mosquitoes Fence off area from public and children,eliminating hazards o0 11/ Improvement amount: $6,850.00 Install culvert(60.5LF material,labor,equipment) $3,555.00 Fencing,gate,barbed wire at gate $2,650.00 (16' Power River Gate&Posts,wire) Improvement amount does not include fill materials for ravine or road placement Exhibit B to Quit Claim Deed LEGAL DESCRIPTION A portion of Mesa Avenue right-of-way, as platted in Laibach, Third Filing, filed for record October 30, 1917 in Book 11 at Page 12 in the records of the Pueblo County Clerk and Recorder, located within a portion of Section 6, Township 21 South, Range 64 West of the 6th Principal Meridian in the County of Pueblo, State of Colorado, being more particularly described as follows: BEGINNING at the Southwest corner of Lot 29, Block 5,Laibach,Third Filing,said point also being the point of intersection of the Easterly right-of-way line of School Street and the Northerly right-of-way line of Mesa Avenue;thence Easterly along the Northerly right-of-way line of Mesa Avenue to a point,said point being the Southeast corner of Lot 29,Block 5, Laibach,Third Filing;thence continuing Easterly,along the same course of the Northerly right- of-way line of Mesa Avenue,if extended,to a point,said point being a point on the Easterly subdivision line of Laibach,Third Filing;thence Southerly,along the Easterly subdivision line of Laibach,Third Filing,to a point,said point being a point on the South right-of-way line of Mesa Avenue and said point also being the Northeast corner of Block 12, Laibach,Third Filing;thence Westerly along the Southerly right-of-way line of Mesa Avenue to a point,said point being a point of intersection of the Easterly right-of-way line of School Street if extended Southerly,to the Southerly right-of-way line of Mesa Avenue;thence Northerly,along the Easterly right-of- way line of School Street,if extended,to a point,said point being the Southwest corner of Lot 29, Block 5, Laibach,Third Filing and the POINT OF BEGINNING. 20106618gQUIT 07/20/2015 09:44:51 AM Gilbert70rrtfiz$C1erk/Reoorder0 Pueblo4 ou0nty, Co III1111Cilini You created this PDF from an application that is not licensed to print to novaPDF printer(http://www.novapdf.com) Exhibit B to Quit Claim Deed LEGAL DESCRIKION FOR Ah. 1 PORTION OF MESA AVENUE IN LAIBACH, THIRD FILING K MU iC�If p �/ i 1. �. lid ..: h A N F—',. : , 0 ,i, ,\ ' I, , t!,.._ , ..,,,,..,..„ i Cs_ _ _ 9:1: YtS A 3 0L3• , �� I O a _ z z ---- ._._ .-+l0 O • Vii. �- .__. _... _. _— ..._, ___....�..__�._ ._ _�_._. NAV _ - , a ____ — . _ � N m 0 am e _ ICO co N_ ,..____, .,.._ I 1-100 N 1 1_ � m Oa I =y — m2 i ifilllliii . ar3 or.= I , ill',i --- 1 Nam ilial MESA AVE P.O.B. 7/7I _ =-� LIJ III 11111111 >5 5 I < 1 II li' Ic _ 1 01T• AV II .- . , I 11� t„..vrh.hr.omna<nhylhasyorvr.hl. wo rymlAeA hwdn 1.AMeed Xan rraw.Wlh rs)in?I rvek of awtnry 'ILp I`ily of PUN In Ardis ur dl r.ynvrAtilrl. 0 My-41 I � lw lkr.'714 ranyl<ki o(L(wlnnrr cu I.i.Alr.rn