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Home My WebLink About13457 RESOLUTION NO. 13457 A RESOLUTION ACCEPTING THE CONVEYANCE OF LAND BY QUIT CLAIM DEED FROM PUEBLO COUNTY LOCATED IN THE VICINITY OF WILD HORSE CREEK ON WEST 20TH STREET WHEREAS, Pueblo County has executed and delivered a Quit Claim Deed to the City of Pueblo for a parcel of land; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The deed from Pueblo County (Grantor) to City of Pueblo, a Municipal Corporation (Grantee), a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. SECTION 2. The City Clerk is directed to cause said deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. 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 to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective upon final passage and approval. INTRODUCED: June 27, 2016 BY: Ed Brown City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution CITY COUNCIL MEETING DATE: June 27, 2016 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 ACCEPTING THE CONVEYANCE OF LAND BY QUIT CLAIM DEED FROM PUEBLO COUNTY LOCATED IN THE VICINITY OF TH WILD HORSE CREEK ON WEST 20 STREET SUMMARY: This Resolution approves acceptance of a parcel of land from Pueblo County that is th located within the Wild Horse Creek flood plain, on West 20 Street. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Pueblo County Commissioners on April 11, 2016 by Resolution No. 16-104 at their regular meeting approved the conveyance of the parcel, to the City of Pueblo, that is located within the 100-year flood plain of the Wild Horse Creek for ownership and maintenance. More specifically the location of the parcel is near the intersection of th West 20 Street and Tuxedo Boulevard along Wild Horse Creek. th This parcel is a portion of the vacated 20 Street that is adjacent to Wild Horse Creek. The property owner along the north boundary has occupied a portion of this parcel with a fence, wall, hedge or other barrier and within the Quit Claim Deed has an expressed condition to occupy until such time the current owners no longer hold any interest in the neighboring parcel. It is the intent of the City to own parcels that lie within the 100-year flood plain to prevent future development. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the Resolution is not approved, the City will not have ownership, which has been the City’s past practice, of a non-developable parcel within the 100-year flood plain. RECOMMENDATION: Approval of this Resolution. Attachments: Quit Claim Deed Reception 2041804 07/08/2016 03:19:29 PM QUITCLAIM DEED PUEBLO COUNTY, COLORADO, a political subdivision of the State of Colorado (the "Grantor"), whose address is 215 West Tenth Street, City of Pueblo, County of Pueblo and State of Colorado, for the consideration of ONE DOLLAR($1.00), in hand paid, hereby sells and QUITCLAIMS to THE CITY OF PUEBLO, a municipal corporation (the"Grantee"),whose address is 1 City Hall Place, City of Pueblo, County of Pueblo and State of Colorado, the following real property in the County of Pueblo and State of Colorado to wit: PART VACATED TWENTIETH (20TH) STREET BETWEEN BLOCKS SIXTY THREE (63) AND SIXTY SIX (66). IRVING PARK DESCRIBED AS: BEGINNING NORTHWEST CORNER SAID BLOCK SIXTY SIX (66) THENCE NORTHWESTERLY ALONG SOUTHWESTERLY LINES THEREOF EXTENDING FORTY SEVEN (47) FEET MORE OR LESS TO THE EAST-WEST CENTER LINE OF TWENTIETH (20TH) THENCE E ALONG EAST-WEST CENTER LINE OF SAID STREET EIGHTY-EIGHT (88) FEET TO POINT IN LINE BETWEEN NORTHWEST CORNER BLOCK SIXTY SIX (66) AND SOUTHEAST CORNER BLOCK SIXTY THREE (63)THENCE SOUTHWESTERLY SEVENTY FOUR(74) FEET MORE OR LESS TO POINT OF BEGINNING BLOCK SIXTY SIX (66) IN IRVING PARK, PUEBLO, A SUBDIVISION OF THE WEST HALF (WA) OF THE SOUTHWEST QUARTER (SW'/4) OF SECTION TWENTY THREE (23) AND THE EAST HALF (EY2) OF THE SOUTHEAST QUARTER (SE'/4) OF SECTION TWENTY TWO (22) AND THE NORTHWEST QUARTER(NW'/4) OF THE NORTHWEST QUARTER(NW'/4) OF SECTION TWENTY SIX (26) IN TOWNSHIP TWENTY (20), SOUTH OF RANGE SIXTY-FIVE (65) WEST, ACCORDING TO THE RECORDED PLAT THEREOF (also identified by assessor parcel number 526220003) TO HAVE AND TO HOLD upon the express condition, with right of reentry for condition broken, that the Grantee not use, occupy, alter, enter, or disturb any land located to the east or northeast of any now existing fence, wall, hedge, or other barrier that reasonably appears to be designed to divide any portion of the above described parcel or to connect said parcel to the neighboring parcel to the north, more fully described in the attached Exhibit A, until such time as all current owners no longer hold any interest in the neighboring parcel. Singed this II day of April,2016. PUEBLO COUNTY, COLORADO / 110.....Air 4A_As ----‘ — BY: Liane"Buffie"McFadyen, Chair Board of County Commissioners / Arab ATTEST: ( lid, -11 Gilbert Ortiz,County Clerk STATE OF COLORADO) )ss. COUNTY OF PUEBLO ) - The foregoing instrument was acknowledged before me this(Ifl day of April, 2016, by Liane , , - "Buffie"McFadyen on behalf of PUEBLO COUNTY,COLORADO:' Witness my hand and official seal. i /1 1/ ' ',fir'',- - REBECCA PORTILLOS NOTARY PUBLIC No .ry Public STATE OF COLORADO NOTARY ID 19944010833 My Commission Expires: 7/I' (1g MY COMMISSION EXPIRES 07/16/2018 20418044QUIT 07/08/2016 03:19:29 PM • P` Gilbert2Orrtfiz2C1erk1ReaordeDr0 P ebTo16 my Co Pj?" 'I "� I ri ktiiiNum MI III EXHIBIT A LOTS TWELVE (12) TO SIXTEEN (16) BLOCK SIXTY THREE (63) IRVING PARK. TOGETHER WITH THAT PORTION OF VACATED 20TH STREET LYING, NORTHWESTERLY OF A LINE BETWEEN THE NORTHWEST CORNER OF BLOCK SIXTY SIX(66) IRVING PARK AND THE SOUTHEAST CORNER OF BLOCK SIXTYTHREE (63) , IRVING PARK. EXCEPT THAT PORTION CONVEYED TO THE CITY OF PUEBLO BY DEED RECORDED APRIL 22, 1974 IN BOOK 1779 AT PAGE 391. PUEBLO COUNTY, COLORADO (also identified by assessor parcel number 526211005).