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Home My WebLink About13671 RESOLUTION NO. 13671 A RESOLUTION ACCEPTING A QUIT CLAIM DEED FROM PUEBLO COUNTY, A BODY CORPORATE AND A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, TO PUEBLO, A MUNICIPAL CORPORATION FOR PROPERTY CONTAINING A PORTION OF THE RIGHT OF WAY OF BAKER STEAMER ROAD BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed, a copy of which is attached, having been approved as to form by the City Attorney, is approved and accepted. SECTION 2. The City Clerk is directed to record said Deed 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 to effectuate the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED April 24, 2017 BY: Robert Schilling City Clerk’s Office Item # M-11 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: April 24, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION ACCEPTING A QUIT CLAIM DEED FROM PUEBLO COUNTY, A BODY CORPORATE AND A POLITICAL SUBDIVISION OF THE STATE OF COLORADO, TO PUEBLO, A MUNICIPAL CORPORATION FOR PROPERTY CONTAINING A PORTION OF THE RIGHT OF WAY OF BAKER STEAMER ROAD SUMMARY: The Pueblo County Commissioners approved the conveyance of a quit claim on February 23, 2017 for property that contains a portion of the right of way of Baker Steamer Road to the City of Pueblo. This Resolution accepts the property on behalf of the City of Pueblo. It is intended that the property will be annexed into the City of Pueblo following the acceptance of the property by City Council. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The Quit Claim Deed from the Pueblo County Commissioners conveys approximately 2.2 acres of property that contains a portion of the right of way of Baker Steamer Road to the City of Pueblo. Following acceptance of the property by the City, an Ordinance will be submitted to City Council proposing to annex this property into the City. As part of the development of the YMCA property north of the property deeded by Pueblo County, the old corridor for Baker Steamer Road has been closed. In the future, the property deeded by Pueblo County is planned to be utilized as part of the right of way for Tuxedo Boulevard extending north and connecting with US Highway 50. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the property in the future. Through a separate agreement with the adjacent property owners, the Glenn H. Kittinger Trust and the Betty J. Kittinger Trust (“Kittingers”), and subject to approval by City Council, the roadway will be closed and a gate installed at the sole expense of the Kittengers. The gate will remain in place until such time that the roadway is extended to the north. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: The acceptance of this property by the City is supported by property owners who own property north and west of Baker Steamer Road and have annexed their property into the City. ALTERNATIVES: If the Deed is not accepted by City Council, the property will remain in the ownership of Pueblo County. RECOMMENDATION: Approval of the Resolution. Attachments: Quit Claim Deed from Pueblo County Commissioners re: Resolution 13671 Reception 2073117 06/14/2017 03:27:51 PM QUIT CLAIM DEED THIS DEED, made thisday of February, 2017 between Pueblo County, a Body Corporate and a Political Subdivisio of the State of Colorado, Grantor, and Pueblo, a Municipal Corporation, whose legal address is 1 City Hall Place, Pueblo, Colorado 81003, Grantee. WITNESSETH, that the grantor for an in consideration of the sum of one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, have remised, released, sold, conveyed and QUIT CLAIMED, and by these presents do 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, more particularly described as is set forth on Exhibit A (2 pages) attached hereto and incorporated herein by this reference as though fully set forth. 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 behoff of the Grantee, its successors and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth above. PUEBLO C TY ATTEST: By . G - Ch ' , Boar of C my Commissioners County 'erk COUNTY OF PUEBLO ) ) ss STATE OF COLORADO ) The foregoing instrument was acknowledged before me thisp23 day of February, 2017 by Terry A. Hart as Chair of the Board of County Commissioners. Witness my hand and official seal. [SEAL] My commission expires: t3 AH-19 Notary Pue TANA M WITTRUP NOTARY PUBLIC STATE OF COLORADO NOTARY ID 0 20184040480 MY COMMISSION EXPIRES OCTOBER 14,2019 2073117 QUIT 06/14/2017 03:27:51 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co dill klydINIMlCIVY.lif'i'rill'i l'Prlif ifile1114, 11I I11 EXHIBIT A LAND DESCRIPTION A tract of land lying North of the existing 29th Street right-of-way and within a portion of the northeast one-quarter of the northeast one-quarter of Section 22, and a portion of the southeast one-quarter of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th Principal Meridian, in the County of Pueblo and State of Colorado, and being more particularly described as follows: Considering the North line of the northeast one-quarter of Section 22, Township 20 South, Range 65 West of the 6th P.M. to bear N. 88°42'45" E., being monumented with a 3 1/4" brass cap BLM 1964 at the Northwest corner and a 3 '/2" aluminum cap PLS No. 12933 at the Northeast corner, and all bearings contained herein being relative thereto. Commencing at the Northwest corner of the NE 1/4 of said Section 22, thence N. 88°42'45" E., along the North line of the NE 1/4 of said Section 22, a distance of 1502.5 feet; more or less to the Point of Beginning and a point on the east line of the property described in a Warranty Deed filed for record September 24, 1992 at Book 2615 at Page 682, in the Pueblo County Records; Thence southerly along said east property line described in Warranty Deed recorded in Book 2615 at Page 682 the following three(3)courses: 1. Thence S. 32°17'30" E., a measured distance of 566.6 feet; 2. Thence S. 20°51'03" E., a measured distance of 843.9 feet; 3. Thence S. 53°13'39" E., a measured distance of 257.1 feet more or less to the North right-of-way line of 29th Street as platted; Thence N. 88°44'42" E. along the said North right-of-way line of 29th Street, a distance of 97.4 feet more or less to the west property line of the property described in a Warranty Deed filed for record October 17, 2011 at Reception No. 1888378, in the Pueblo County Records; Thence northerly along the said west property line described in Warranty Deed recorded at Reception No. 1888378 the following three(3)courses: I. Thence N. 53°13'39" W., a measured distance of 316.4 feet; 2. Thence N. 20°51'03" W., a measured distance of 832.5 feet; 3. Thence N. 32°17'30" W., a measured distance of 536.6 feet more or less to the North line of the NE '/4 of Section 22, Township 20 South, Range 65 West of the 6th P.M.; Thence S. 88°42'45" W. along the North line of the NE 1/4 of said Section 22, a distance of 70.0 feet more or less to the Point of Beginning. Page 1 of 2 2073117 QUIT 06/14/2017 03:27:51 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County, Co ■III kirQLrNIPIr;105'«h kiii, %MU INN I ii ii kJ, 11111 /. 'X/PlluI3llT A \ \ \ \ \ _.SS88'42'45"w • •\ • •\ • • 4188'42'45'E.\ • •� • • • • BASIS OF`BEARINGS• 2601.56' • ,N42'a5"� 'P1 1502.EOB �\ \ — — 1 \\ — — — — \ � . . . \ \ P c. )N32'1)'3U"w I F 536 6' Y \ \ \ w\ \532' 730"E 'j '> , 566.6' ) \ .3:Xq \ \ 'i\ Y •,..:..i..‘ \*W.:'\\ k. r CI tit ,_)N20•5 03"w \ ' \ I 832.5'\ \ I \73 c3 \ 920'51'03"E, / a: \ \ \� z\ 843.9' S ;� ,. . ... \ c:37, a . z. . \ \ I ,\ \ N53'13'39"W\ \ \ [ l 316.4' \ \\ \A 953'13'39"E L " \ 257.1' , __. _._ --,\ A ii- ' ' , \\ ...t__ -I• '''.1 A }N88"44'42"E\I \ \ \ ;':. a•. ' .t ' 97.4' \ \ \ I I \` FOR EXHIBIT PURPOSES ONLY R DO NO►I' 8Ca►i8 E LEGaa¢ p P.aa. PONT or BEGINNING BASS 12 A�.unc. A P.aC. POINT O COMMENCEMENT ?NE NORTH LITE OF TME NE VI Of SECTION 2Z R >ti$NSMP 20 SLTu714 RANGE QJ NEST OF TMC Q IN P.M. 0 FLTIAND J l/1'BRASS CAP BEARS NBtr42VrE.. E BLAI IQd� D [y07 70 S[dI F A f:0111029.7.11/2. .�J11/2.AL UMPIUM� MEL THIS moo WAS NOT PREPARED AS A MONLNIEN7ED B LAND SURVEY, ANO WAS O'4 Pre-PARED 7D DEPICT YI NOR17iSTAR ENGINEERING AND SURVEYINNO, INCDIE ATTACHED((GAL DESCRIPTION. JN 12 020 00 PAGE 2 OF 2 2073117 QUIT 06/14/2017 03:27:51 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County.. Co liiI 14:049141'IiVIIA iiiM 1/21.1 3111:M IA 11111 ACCEPTANCE The foregoing Quit Claim Deed is hereby accepted by Grantee according to is terms, and subject to the covenants, conditions, restrictions, easements and reservations set forth therein. GRANTEE: Imo,co /4.,4V, '�4 , i , 'to.A PUEBLO '°, i , 17 t A MUNICIPAL CORPORATION lir %, ir_pryvriitire,0 Cit ..... .:._ ., IfMI milia e / Stephen G. Nawrocki 00 ......••••,.................'v +r Title: President of City Council ATTEST: - - Q.�, . ruf.` City Clerk :-Qifla.. tchei Qreryaa A r m;J c