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.
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INTRODUCED August 28, 2017
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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
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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'
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\ 111 bho Step e 'awrocki, President of City Council
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2081391 RES 09/06/2017 02:30:02 PM
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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