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HomeMy WebLinkAbout13869 RESOLUTION NO. 13869 A RESOLUTION APPROVING AND ACCEPTING A SPECIAL WARRANTY DEED FROM RRDC III, LLC FOR TWO PARCELS OF PROPERTY TOTALING APPROXIMATELY 2.24 ACRES TH WITHIN THE REGENCY RIDGE SUBDIVISION, 10 FILING AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Special Warranty Deed dated January 8, 2018 relating to Parcels B and C totaling th approximately 2.24 acres within the Regency Ridge Subdivision, 10 Filing,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 Acting City Clerk is directed to record the Special Warranty Deed in the office of the Pueblo County Clerk and Recorder. SECTION 3. The officers and staff of the City are authorized and directed to perform any and all acts consistent with the intent of this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: January 8, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL City Clerk’s Office Item # M-2 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: January 8, 2018 TO: Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING AND ACCEPTING A SPECIAL WARRANTY DEED FROM RRDC III, LLC FOR TWO PARCELS OF PROPERTY TOTALING APPROXIMATELY 2.24 ACRES WITHIN THE REGENCY RIDGE SUBDIVISION, TH 10 FILING AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: This Resolution approves and accepts a special warranty deed for two parcels totaling 2.24 acres th of property for drainage and public access purposes within the Regency Ridge Subdivision, 10 Filing. PREVIOUS COUNCIL ACTION: None. BACKGROUND: th On April 24, 2000, the Regency Ridge Subdivision, 10 filing was approved through Ordinance No. 6540. The subdivision plat included Parcel B containing .31 acres and Parcel C containing 1.93 acres. The parcels are dedicated on the plat for drainage and public use including open space and for public access. With the development of a trail system within the West Lee Hills Subdivision, and the open space property previously accepted by the City in September 2001, there is a continuous open space/trail corridor from Sienna Drive adjacent to Regency Ridge to Lehigh Avenue in West Lee Hills Subdivision. This Resolution approves the City of Pueblo’s acceptance of the special warranty deed for the two parcels. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the two parcels, and when constructed, the maintenance of a public trail crossing these properties. The trail is part of the previously identified Goodnight Arroyo Trail that has been constructed within the West Lee Hills Subdivision north of th Regency Ridge Subdivision, 10 Filing. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended approval of the Regency Ridge Subdivision, th 10 Filing on March 8, 2000 which included the Parcels C and D platted for drainage and public access purposes. STAKEHOLDER PROCESS: The acceptance of the two parcels has been reviewed with the Bandera Boulevard Special Maintenance District Advisory Board which has recommended that the City of Pueblo accept the parcels to allow for a public trail. ALTERNATIVES: If this Resolution is not approved, the property will not be accepted by the City and the section of the Goodnight Arroyo Trail will not be constructed within these parcels. RECOMMENDATION: Approval of the Resolution approving and accepting a special warranty deed from RRDC III, LLC for two parcels of property totaling approximately 2.24 acres. Attachments: Warranty Deed from RRDC III, LLC Map of Parcels and Proposed Trail Route Reception 2094159 01/17/2018 02:03:33 PCI re: Resolution 13869 SPECIAL WARRANTY DEED THIS SPECIAL WARRANTY DEED, made this 28th day of December , 2017 , between RRDC III, LLC, a Colorado Limited Liability Corporation, ("Grantor"), and the City of Pueblo, a municipal corporation organized and existing under and by virtue of the constitution and laws of the State of Colorado, ("Grantee") whose legal address is 1 City Hall Place, Pueblo, CO 81003; WITNESSETH, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the following real property together with all improvements, if any, in the County of Pueblo and State of Colorado, to wit: Parcel B Regency Ridge Subdivision, 10th Filing containing approximately .31 acres and Parcel C Regency Ridge Subdivision, 10th Filing containing approximately 1.93 acres TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said Grantee, its successors and assigns forever, subject to easements, covenants, conditions, restrictions and reservations of record; apparent easements; general taxes for the year of conveyance and subsequent taxes and assessments; and,burdens incident to the real property's inclusion within any governmental entity. And the said Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee and its successors and assigns, against all and every person or persons claiming the whole or any part thereof,by, through or under the said Grantor. Documentary Fee: Exempt, sections 39-13-104(a) and (b), C.R.S. Consideration Paid: None—Platted Park, Trail and Open Space Parcels IN WITNESS WHEREOF, the Grantor has caused its name to be subscribed the day and year first above written. GR' TOR. f 1/. ger F• da, 's pager RRDC II, LLC, a Colorado Limited Liability Corporation STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 28th day of December 20 17 by Roger Fonda , Manager, R R D C III, a Colorado Limited Liability Corporation, Grantor. Witness myhand and official seal. SHARON ON r ,P)HNSCN 1 NO1 APY F ilf I StATC u F Nut/\f, r My commission expires: 6/3/2019 MY C,_1t1M1 S;H,N FXPIkt :OW N . 3 ?01'1 Notary Public Sham T. Johnson