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HomeMy WebLinkAbout13897RESOLUTION NO. 13897 A RESOLUTION APPROVING AND ACCEPTING A GENERAL WARRANTY DEED FOR FUTURE WALKING STICK BOULEVARD FROM BLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY AND PETE URENDA A/K/A ALBERT PETE URENDA TOTALING APPROXIMATELY 1.06 ACRES WITHIN THE NORTH VISTA PUD PROPERTY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The General Warranty Deed dated February 26, 2018 relating to the property totaling approximately 1.06 acres within the North Vista PUD,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 President of the City Council is authorized to accept the General Warranty Deed in the name of the City. The Acting City Clerk is directed to record the 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 February 26, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: February 26, 2018 TO: President Christopher A. Nicoll and 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 GENERAL WARRANTY DEED FOR FUTURE WALKING STICK BOULEVARD FROM BLH PROPERTIES, LLC, A COLORADO LIMITED LIABILITY COMPANY AND PETE URENDA A/K/A ALBERT PETE URENDA TOTALING APPROXIMATELY 1.06 ACRES WITHIN THE NORTH VISTA PUD PROPERTY AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: The Resolution approves and accepts a General Warranty Deed totaling approximately 1.06 acres of property for the future Walking Stick Boulevard right-of-way within the North Vista PUD property. PREVIOUS COUNCIL ACTION: City Council previously approved Resolution No. 11671, on August 10, 2009 that conveyed Warranty Deeds from Encore Communities USA, LLP, a Colorado Limited Liability Partnership to the City related to the right-of-way for Walking Stick Boulevard within the Walking Stick Vista Subdivision and the North Vista PUD property. BACKGROUND: On August 10, 2009, City Council approved Resolution No. 11671 that conveyed Warranty Deeds from Encore Communities USA, LLP, a Colorado Limited Liability Partnership (“Encore”) to the City related to the right-of-way for Walking Stick Boulevard within the Walking Stick Vista Subdivision and the North Vista PUD property. Since Encore only had an agreement to purchase the North Vista property and did not own the property, the Deed conveying property for the right-of-way within the North Vista PUD property is not valid. This Resolution approves a new General Warranty Deed with the owners of this portion of the North Vista PUD property that includes the future right-of- way for Walking Stick Boulevard. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the 1.06-acre parcel, and when constructed and accepted by the City, the maintenance of extension of Walking Stick Boulevard following the development of this area of the North Vista PUD property. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the Resolution is not approved, the property will not be accepted by the City and the future section of the Walking Stick Boulevard will not be accepted at this time. RECOMMENDATION: Approval of the Resolution accepting the General Warranty Deed from BLH Properties, LLC, a Colorado Limited Liability Company and Pete Urenda a/k/a Albert Pete Urenda for the property totaling approximately 1.06 acres. Attachments: - Exhibit AMap of Parcel General Warranty Deed from BLH Properties, LLC, and Pete Urenda Reception 2098565 03/05/2018 03:48:07 PM re: `Resolution 13897 GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED,made this c,2-2—day of UA-/4.}4V ,20%x, between BLH PROPERTIES LLC, A Colorado Limited Liability Company and Pete Urenda a/k/a Albert Pete Urenda, ("Grantors"), 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 Grantors, 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: SEE ATTACHED EXHIBIT A 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 Grantors, 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 Grantors 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 Grantors. Documentary Fee: Exempt, sections 39-13-104(a)and (b), C.R.S. Consideration Paid: None—Right Of Way for Future Platted Roadway IN WITNESS WHEREOF, the Grantors has caused its name to be subscribed the day and year first above written. GRANTORS: , Manager BLH PROPERTIES LLC, A Colorado Limited Liability Company eeZ Pete Urenda a/k/a Albe Pete Urenda 2098565 03/05/2018 03:48:07 PM Page: 2 of 6 R 38.00 D 0.00 T 38.00 Gilbert OrltizfCl;rkfRecore Pulebll Caul'''. Co ' STATE OF COLORADO ) 11111 Wtr1R"��Ll1�I' elrki. iti klt f iri�lh'a` , ir11,I4j, 11111 ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of 20 by , Manager, BLH PROPERTIES LLC, A Colorado Limited Liability Company, Grantor. Witness my hand and official seal. My commission expires: . Notary Public STATE OF COLORADO ) C'tCOUNTY OF �3 ) KA The foregoing ins rumen��acknowledged before me this day of 1" 1 , 20 116 by �� ` i , Pete Urenda a/k/a Albert Pete Urend�., Grantor. U Witness my hand and official seal. My commission expires: I 19-1 C.), . .,4)a . MC-, I&VAO D.— . . . .. Notary Public SHANIK S HAASE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20084042231 LMISSION EXPIRES DECQMIfII�I f 2098565 03/05/2018 03:48:07 PM Page: 3 8. 0.0 .00 Gilbert Ortofiz6 ClerkR 3(Recorder00D , Pu0eblo T38County. Co •III .r ��r,l�h'If�M:k�ti�liisif N. Ohl kit 11111 GENERAL WARRANTY DEED THIS GENERAL WARRANTY DEED, made this 2.-5 day of r€44 -z') , 20 between BLH PROPERTIES LLC, A Colorado Limited Liability Company and Pete Lienda a/k/a Albert Pete Urenda, ("Grantors"), 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 Grantors, 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: SEE ATTACHED EXHIBIT A 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 Grantors, 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 Grantors 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 Grantors. Documentary Fee: Exempt, sections 39-13-104(a) and (b), C.R.S. Consideration Paid: None—Right Of Way for Future Platted Roadway IN WITNESS WHEREOF, the Grantors has caused its name to be subscribed the day and year first above written. GRANTORS: • �? • , Manager BLH PROPERTIES LLC,A Colorado Limited Liability Company Pete Urenda a/k/a Albert Pete Urenda 2098565 03/05/2018 03:48:07 PM PLdLr�4 age: 4 of 6 R 38.00 D 0.00 T 38.00 Gilbert Ortiz Clerk/Recorder. Pueblo County.. Co STATE OF COLORADO ) 11111PM f�lt��'��� ��'��1� �6���'� 1'Il 1114 11111 ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this ,25 day of /it',I/4 20 /8 by Be tt, /o u �✓e y , Manager, BLH PROPERTIES LLC, A Colorado Limited Liability Company, Grantor. DOROTHY RIVERA-RUBIO Witness my hand and official seal. NOTARY PUBLIC STATE OF COLORADO My commission expires: •`J ul�/ /L/,a24r9 NOTARY ID 20144026292 I MY COMMISSION EXPIRES JULY 14,2018 Li*/ tAiAtt- Notary PubliI STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of 20 by , Pete Urenda a/k/a Albert Pete Urenda, Grantor. Witness my hand and official seal. My commission expires: Notary Public 2098565 03/05/2018 03:48:07 PM Page' 5 of 6 R 38. De 0.00 T 380 Gilbert Ortiz Clerk/Reco00rder Pueblo Co.0unty. Co ■III N' !ii:1F'1i4wllii1C1110iiiiiiihnli111'1'14Ku'ikirh ii III EXHIBIT A RIGHT-OF-WAY LAND DESCRIPTION A parcel of land located in a portion of Fountain Lake Subdivision in the County of Pueblo and State of Colorado and being more particularly described as follows: All of Lots 4 through 8 both inclusive and Lots 24 through 34 both inclusive in Block 1 in Fountain Lake Subdivision according to the recorded plat thereof as filed for record on December 12, 1888 in the Pueblo County records. Containing 1.06 acres, more or less I, David M. Stravia, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. .sop st,c444, David M. Stravia Off. . 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