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HomeMy WebLinkAbout13273 RESOLUTION NO. 13273 A RESOLUTION TRANSFERRING THE EASTERLY TWENTY-ONE (21) FEET OF THE WESTERLY FORTY (40) FEET OF VACATED FAIRCHILD STREET, ADJACENT TO LOT 40, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, TO TR TOPPERS, INC., AN IDAHO CORPORATION WHEREAS, the City of Pueblo, a Municipal Corporation, is the owner of a certain portion of vacated Fairchild Street (per Road Vacation No. 2014-002) adjacent to Lot 40, Pueblo Memorial Airport Industrial Park Subdivision; and WHEREAS, TR Toppers is requesting that the City transfer a portion of the said vacated Fairchild Street, via quit claim deed, which contains the westerly portion of the existing road. 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 TR Toppers, Inc., an Idaho Corporation (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 following the recording of the Quit Claim Deed, that was approved by Resolution 13272, 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 and the attached contract/agreement to effectuate the transactions described therein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: July 27, 2015 BY: Robert Schilling City Clerk’s Office Item # M-7 Background Paper for Proposed Resolution COUNCIL MEETING DATE: 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 TRANSFERRING THE EASTERLY TWENTY-ONE (21) FEET OF THE WESTERLY FORTY (40) FEET OF VACATED FAIRCHILD STREET, ADJACENT TO LOT 40, PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION, TO TR TOPPERS, INC., AN IDAHO CORPORATION SUMMARY: This Resolution transfers the easterly twenty-one (21) feet of the Westerly forty (40) feet of vacated Fairchild Street, adjacent to Lot 40, Pueblo Memorial Airport Industrial Park Subdivision, to TR Toppers, Inc., and Idaho Corporation. PREVIOUS COUNCIL ACTION: None BACKGROUND: TR Toppers, Inc. vacated Fairchild Street, from Excellence Avenue to Walt Bassett Avenue, within the Pueblo Memorial Airport Industrial Park Subdivision, in order to possibly expand their business. TR Toppers is requesting that the City transfer a portion of the said vacated Fairchild Street, via quit claim deed, which contains the westerly portion of the existing road. FINANCIAL IMPLICATIONS: None BOARD OF COUNTY COMMISSIONERS: Approved Road Vacation No. 2014-002 on 10/15/2014 STAKEHOLDER PROCESS: None ALTERNATIVES: None RECOMMENDATION: Approval of this Resolution Attachments:  Quit Claim Deed from City of Pueblo to City of Pueblo to TR Toppers, Inc..  ROAD VACATION NO. 2014-002 re.: resolution no. 13273 Reception 2012527 08/06/2015 02:42:46 PM QUIT CLAIM DEED THIS DEED, Made this 27 day of July 2015, between the City of Pueblo, a Municipal Corporation, grantor, and TR Toppers, Inc., an Idaho Corporation, whose legal address is 320 Fairchild Street, Pueblo, CO 81001, grantee, 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 as: 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 4 ; Go. City of Pueblo - •'_ .al Cor.• ation t C1•111o v io Cl `A`IIO •- if City Council tl ` oGJ""'9 City Clerk STATE OF COLORADO ) ) SS COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this a 7 day of 2015, by Stephen G. Nawrocki, as President of the City Council and Gina Dutche as City lerk of the City of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires 101/P-0 l /7 , CINDY'J. C'APRITT'ANo ary ublic NOTARY PUBLIC STATE OF COLORADO NOTARY ID 19934016640 MY COMMISSION EXPIRES DECEMBER 20,2017 ° 2012527 QUIT 08/06/2015 02:42:46 PM Page:I2,of B2��R 16.00 I �`De 0.00 T 16.00 County,I� I I' '` Gilbertfr®17T f�1ik'olititalifil f� I71� fIIvI 71 71 MIIII EXHIBIT "A" ALL THAT PORTION OF THE EASTERN 21.00 FEET OF THE WESTERN HALF OF VACATED FAIRCHILD STREET RIGHT- OF-WAY,ADJACENT TO SAID LOT 40,ALL WITHIN SAID PUEBLO MEMORIAL AIRPORT INDUSTRIAL PARK SUBDIVISION,AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 40,THENCE N 88°27'57"E, ON THE NORTHERLY RIGHT- OF-WAY LINE OF EXCELLENCE AVENUE,A DISTANCE OF 19.00 FEET TO THE POINT OF BEGINNING;THENCE N 01°33'47"W A DISTANCE OF 360.31 FEET;THENCE N 88°26'13"E A DISTANCE OF 21.00 FEET;THENCE S 01°33'47"E A DISTANCE OF 360.32 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EXCELLENCE AVENUE;THENCE S88°27'57"W,ON SAID NORTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 21.00 FEET TO THE POINT OF BEGINNING. 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