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HomeMy WebLinkAbout13759Reception 2081391 09/06/2017 02:30:02 PM RESOLUTION NO. 13759 A RESOLUTION APPROVING A DISCLAIMER OF INTEREST FROM PUEBLO, A MUNICIPAL CORPORATION RELATING TO 1115 SPRUCE STREET, PUEBLO, COLORADO 81004 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID DISCLAIMER BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. On February 28. 2017, Xavier Duran conveyed 1115 Spruce Street to the City of Pueblo, without prior notice. The City of Pueblo does not wish to own said property. To clarify any ambiguity as to title, it is appropriate that the City file an appropriate Disclaimer of Interest. SECTION 2. The Disclaimer of Interest, dated August 28, 2017, which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute and deliver the Disclaimer of Interest in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. 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 and the attached Disclaimer of Interest which are necessary or appropriate to implement the transactions described therein. SECTION 4. Th' _' • tion shall become effective immediately upon final passage. 4ay, ►Lo,col INTRODUCED August 28, 2017 Tti _ V,/y V CoUNCILPER • i►_— -% • APPRO ,%p/ PRESIDENT OF CITY • . CIL N-LPoRSTVg 1 ATTEST =----4 .._ • TY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: August 28, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING A DISCLAIMER OF INTEREST FROM PUEBLO, A MUNICIPAL CORPORATION RELATING TO 1115 SPRUCE STREET, PUEBLO, COLORADO 81004 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAID DISCLAIMER SUMMARY: Attached is a Resolution approving and authorizing the President of City Council to sign a Disclaimer of Interest for 1115 Spruce Street, Pueblo, Colorado 81004. PREVIOUS COUNCIL ACTION: Not applicable to this Resolution. BACKGROUND: The real property located at 1115 Spruce Street in the Bessemer neighborhood on the City’s southside is owned by Xavier Duran. A fire occurred on the premises and the property was condemned by the Pueblo Regional Building Authority. The City of Pueblo recently demolished all improvements located on the property at City expense. Prior to the demolition, numerous City liens were placed on the property for trash abatement and weed abatement costs. On February 28, 2017, without consulting with the City, Xavier Duran conveyed 1115 Spruce Street to the City of Pueblo by Quitclaim Deed. The City of Pueblo has no interest in taking ownership of the property. In addition, Section 1-11-3 (b)(3) of the Pueblo Municipal Code requires that all acquisitions of real estate (whether by purchase or donation) be approved by Resolution of the Pueblo City Council. Because the City of Pueblo does not wish to own 1115 Spruce Street, no such Resolution approving the acquisition of the property has been approved by City Council. FINANCIAL IMPLICATIONS: This Resolution will clarify and give notice to the public that the City of Pueblo, despite the Quitclaim Deed, does not own 1115 Spruce Street, Pueblo, Colorado 81004. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If this Resolution is not approved, the current ambiguity regarding ownership of 1115 Spruce Street will remain unresolved. RECOMMENDATION: Approve the Resolution. Attachments: Proposed Resolution and Proposed Disclaimer of Interest 2081391 RES 09/06/2017 02:30:02 PM Page: 2 of 3 R 23.00 D 0.00 1 23.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, c. 11111 li,1110,14 fitil ifili'f'3 X41.1 rig,10 74f,Ml iii ii, iI 111 DISCLAIMER OF INTEREST THIS DISCLAIMER OF INTEREST is executed this 28th day of August, 2017, nunc pro tunc February 28, 2017, by the City of Pueblo, a Colorado municipal corporation. WITNESSETH that: WHEREAS, on February 28, 2017, Xavier Duran, without consulting and contrary to the wishes of the City of Pueblo, conveyed and quitclaimed the following property to the City of Pueblo: Lot 22, Block 42, Bessemer, County of Pueblo, State of Colorado also known by street and number as 1115 Spruce Street, Pueblo, Colorado 81004 ("Spruce St. Property"). Said Quitclaim Deed was recorded in the records of the Pueblo County Clerk and Recorder on February 28, 2017 at reception number 2063187; and WHEREAS, the City of Pueblo does not wish to own the Spruce St. Property and said Quitclaim Deed was void ab initio; and WHEREAS, Section 1-11-3 (b)(3) of the Pueblo Municipal Code provides that, in order to be legally effective, the acceptance or acquisition of real property by the City of Pueblo must be approved by a Resolution duly adopted by the Pueblo City Council; and WHEREAS, the Pueblo City Council has not adopted a Resolution which accepts or acquires the Spruce St. Property; and WHEREAS, the February 28, 2017 Quitclaim Deed to the Spruce St. Property is hereby rejected by the City of Pueblo, nunc pro tunc February 28, 2017, NOW THEREFORE, THE CITY OF PUEBLO, COLORADO HEREBY DISCLAIMS ANY RIGHT, TITLE OR INTEREST IN THE FOLLOWING DESCRIBED PROPERTY, to wit: Lot 22, Block 42, Bessemer, County of Pueblo, State of Colorado also known by street and number as 1115 Spruce Street, Pueblo, Colorado 81004 IN WITNESS WHEREOF, THIS DISCLAIMER OF INTEREST IS EXECUTED BY THE CITY OF PUEBLO, COLORADO TO BE EFFECTIVE THE 28TH DAY OF FEBRUARY, 2017. �a La"4; CITY OF PUEBLO, A COLO' •� 4, # T\ MUNICIP• CO' ' ! t A ' ON 41 \ *e, c, . / ,4 A illiV \ 111 bho Step e 'awrocki, President of City Council if 11111111_„,�.4tpazta.T 9 -' 2081391 RES 09/06/2017 02:30:02 PM Page: 3 of 3 R 23.00 pe 0.00 T 23.00 Gilbert Ortiz C1erk7Recorder, Pueblo County, Co 11111 POrjti'4' iMilr:#l'I1YtNi':i1N.M,Ithii,41,Y14 lI Ill STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 7/1_. of August, 2017 by Stephen G. Nawrocki, as President of the City Council of the City of Pueblo, a Colorado municipal corporation. Witness my hand and official seal. 2 My commission expire.• s:� c%?- oV. [ SEAL ] kiLej Notary Public TAMMY A MARTINEZ NOTARY PUBLIC STATE OF COLORADO NOTARY ID 2016402aZ00 I MY COMMISSION EXPIRES 07/26/2020