HomeMy WebLinkAbout13900Reception 2099581 03/15/2018 RESOLUTION NO. 13900 i A RESOLUTION CONVEYING 26.480 ACRES OF o PROPERTY BY A QUITCLAIM DEED TO PUEBLO -_ SPRINGS RANCH, LLC, A NEVADA LIMITED LIABILITY G• _ COMPANY AND AUTHORIZING THE PRESIDENT OF THE m ` 0=5 CITY COUNCIL TO EXECUTE SAME ~: N Q Nm[i fpm 0 d WHEREAS, the Pueblo City Council approved by Resolution No. 11137, dated mgo# October 22, 2007 the acceptance of a Warranty Deed and Right of Reversion ("Deed") between the City of Pueblo and Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company relating to the proposed annexation of Pueblo Springs Ranch; and, M N' (37:W' WHEREAS, the Property accepted by the City was not utilized to provide the "°-'.s contiguity for the annexation of the subsequent owner Pueblo Springs Ranch, LLC, a m m Nevada Limited Liability Company prior to the occurrence of a "Triggering Event" as NaGii defined in the Deed; and, WHEREAS, the Pueblo City Council approved an Agreement by Resolution No. 13899, dated February 26, 2018 between the City and Pueblo Land Investors, LLC, a Delaware Limited Liability Company, Pueblo Springs, LLC, an Arizona Limited Liability Company, Pueblo Springs Ranch, LLC, a Delaware Limited Liability Company, and Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company ("Ownership Parties") stipulating the property to be conveyed to each of the Ownership Parties; and, WHEREAS, subject to the terms of the Warranty Deed and Right of Reversion the City shall execute, and deliver to Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company a Quitclaim Deed conveying the City's interest in the property; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1: The Quitclaim Deed conveying property to Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2: The President of City Council is hereby authorized to execute the attached Quitclaim Deed and all documents necessary and appropriate to effectuate said transfer. • 2099581 03/15/2018 03:43:20 PM Page: 2 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz ClerkiRecorder.. Pueblo County. Co lIII kV 41 Mi ri I AV Ir 'NA 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 transactions described herein. SECTION 4: This Resolution shall become effective immediately upon final approval. • c. INTRODUCED Februa 26 2018 BY: E• n MEM: • r COUN i APPROVED: �I��C� P' SID• T OF CITY COUNCIL .ATTESTED B OLflt \OACTIITY CL 2099581 03/15/2018 03:43:20 PM Page: 3 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz ClerkfRecorder Pueblo County, Co VIIIkirlinilli11110.1141011111 Nilli illi11111,14,E1�isii iIII QUITCLAIM DEED THIS QUITCLAIM DEED, made this 26th day of February, 2018, between Pueblo, a Municipal Corporation,whose legal address is 1 City Hall PI, Pueblo,Colorado 81003 (hereinafter referred to as "Grantor") and Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company, whose address is 3275 S Jones Blvd, Suite 104, Las Vegas, NV 89146 (hereinafter referred to as ("Grantee"): WITNESSESTH, that the Grantor, subject to the terms of the Warranty Deed and Right of Reversion dated October 22, 2007 and recorded under Reception No. 1748310 on November 8, 2007, has QUITCLAIMED, and by these presents does QUITCLAIM, unto the Grantee, its successors and assigns,all right,title and interest that the Grantor has in the real property,together with improvements, if any, situate, lying and being in Pueblo County, State of Colorado,described as follows: A portion of Sections 1, 24, and 25, Township 19 South, Range 64 West and a portion of Sections 6, 7, 8, 17, 19, 20 and 21, Township 19 South, Range 63 West of the 6th P.M. County of Pueblo, State of Colorado and being more particularly described as follows: Considering the west line of the Northwest Quarter of Section 1, Township 19 South, Range 64 West of the 6th P.M. to bear S. 00°49'20" E and all bearings contained herein being relative thereto. Beginning at the Northwest Corner of Section 1, Township 19 South, Range 64 West, thence N. 89°35'48" E. along the north line of the Northwest quarter of Section 1, a distance of 2,643.89 feet to the Northwest Corner of the Northeast quarter of said Section 1; thence N. 89°36'02" E. along north line of said Northeast quarter of Section 1, a distance of 50.89 feet to a point on the south right-of-way line of a certain Public Service Company Land as described and conveyed in Book 1769 at Page 697 in the records of the office of Pueblo County Clerk and Recorder; thence along said right-of-way the following six (6)courses: 1. S. 38°18'25" E., a distance of 4,187.85 feet to a point; 2. S. 38°18'25" E., a distance of 2,507.81 feet to a point; 3. S. 38°18'25" E., a distance of 6,306.93 feet to a point; 4. S. 38°18'25" E., a distance of 6,888.22 feet to a point; 5. S. 38°18'25" E., a distance of 1,678.07 feet to a point; 6. S. 38°18'25" E., a distance of 5,082.14 feet to the south line of Section 21, Township 19 South, Range 63 West; Thence S. 89°19'48" W. along the south line of the Southeast quarter of said Section 21, a distance of 459.30 feet to the Southeast Corner of the Southwest quarter of said Section 21; thence S. 89°25'58" W. along the south line of said Southwest quarter of Section 21, a distance of 2,698.45 feet to the Southeast Corner of the Southeast Quarter of Section 20, Township 19 South, Range 63 West; thence S. 89°03'31" W. along the south line of said Southeast quarter of Section 20, a distance of 2,622.15 feet to the Southeast Corner of the Southwest Quarter of said Section 20; thence S. 89°07'58" W. along the south line of said Southwest Quarter of Section 20, a distance of 2099581 03/15/2018 03:43:20 PM Page: 4 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder; Pueblo County, Co ■III lih'a IMMIX rII t 11.1,4, iI II 2,629.04 feet to the Southeast Corner of the Southeast Quarter of Section 19, Township 19 South, Range 63 West; thence S. 89°21'29" W. along the south line of said Southeast Quarter of Section 19, a distance of 2,629.96 feet to the Southeast Corner of the Southwest Quarter of said Section 19,thence S. 89°18'27" W.along the south line of said Southwest Quarter of Section 19,a distance of 2,750.05 feet to the Northeast Corner of the Northeast Quarter of Section 25, Township 19 South, Range 64 West; thence S. 00°27'56" E. along the east line of said Northeast Quarter of Section 25, a distance of 2,636.60 feet to the Northeast Corner of the Southeast Quarter of said Section 25; thence S. 00°27'39" E. along the east line of said Southeast Quarter of Section 25, a distance of 2,636.41 feet to the Southeast Corner of said Southeast Quarter of said Section 25; thence S. 89°46'56" W. along the south line of said Southeast Quarter of Section 25, a distance of 2,647.80 feet to the Southeast Corner of the Southwest Quarter of said Section 25; thence S. 89°46'57" W. along the south line of said Southwest Quarter of Section 25, a distance of 2,649.59 feet to the Southwest Corner of the Southwest Quarter of Section 25, Township 19 South, Range 64 West; thence N. 00°14'43" E. along the west line of said Southwest Quarter of Section 25, a distance of 21.50 feet; thence N. 89°46'57" E. parallel to the aforementioned south line of said Southwest Quarter of Section 25, a distance of 2,649.42 feet; thence N. 89°46'56" E. parallel to the aforementioned south line of said Southeast Quarter of Section 25, a distance of 2,626.21 feet; thence N. 00°27'39" W. parallel to the aforementioned east line of said Southeast Quarter of Section 25,a distance of 2,614.81 feet;thence N. 00°27'56" W. parallel to the aforementioned east line of said Northeast Quarter of Section 25, a distance of 2,658.01 feet; thence N. 89°18'27" E. parallel to the aforementioned south line of said Southwest Quarter of Section 19, a distance of 2,771.48 feet; thence N. 89°21'29" E. parallel to the aforementioned south line of said Southeast Quarter of Section 19, a distance of 2,629.93 feet; thence N. 89°07'58" E. parallel to the aforementioned south line of said Southwest Quarter of Section 20, a distance of 2,628.98 feet; thence N. 89°03'31" E. parallel to the aforementioned south line of said Southeast quarter of Section 20,a distance of 2,622.21 feet;thence N. 89°25'58" E. parallel to the aforementioned south line of said Southwest quarter of Section 21, a distance of 2,698.50 feet; thence N. 89°19'48" E. parallel to the aforementioned south line of the Southeast quarter of said Section 21, a distance of 415.55 feet; thence parallel to the aforementioned south right-of-way line of a certain Public Service Company Land as described and conveyed in Book 1769 at Page 697 in the records of the office of Pueblo County Clerk and Recorder; thence along said right-of-way the following six(6) courses: 1. N. 38°18'25" W., a distance of 5,038.41 feet to a point; 2. N. 38°18'25" W., a distance of 1,678.07 feet to a point; 3. N. 38°18'25" W., a distance of 6,888.22 feet to a point; 4. N. 38°18'25" W., a distance of 6,306.93 feet to a point; 5. N. 38°18'25" W., a distance of 2,507.81 feet to a point; 6. N. 38°18'25" W., a distance of 4,177.26 feet to a point; Thence S. 89°36'02" W. parallel to the aforementioned north line of said Northeast quarter of Section 1, a distance of 40.39 feet; thence S. 89°35'48" W. parallel to the aforementioned north line of the Northwest quarter of Section 1, a distance of 2,643.90 feet; thence N. 00°49'20" W., a distance of 21.50 feet to the Point of Beginning. Containing 26.480 acres, more or less. 2099581 03/15/2018 03:43:20 PM Page: 5 of 5 R 33.00 D 0.00 T 33.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co 11111141 M7.hit VTR 101EIill Pi4P 1115110,11.LI:.'0WI4 Ill III IN WITNESS WHEREOF, this Quitclaim Deed is executed by Grantor to be effective the day and year first above written. GRANTOR: ,r,:: ° ` iZ-r k.,„N PUEBLO, A MUNI P IAL CORPORATION, Y� / ::::.1-:1\1‘,_..1./:::.•?'.-71:.!iti..:.°: °) - d!j:;'';00#'' ,,,,,,,, I/ ,/,;\ BY _ �� INiiiii p �o Chri •pher A. Nicoll •�' ^ �� President City Council O�pQ w STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this , 6-7-/ -day of -t: �At---uA-[j, 2018, by Christopher A. Nicoll, President of the City Council of Pueblo, a municipal corpdation. Witness my official hand and seal. My commission expires ;7c ', t. TAMMY A MARTINEZ ',.,=76.i-- ;, n 7)Y-VLA ti { NOTARY PUBLIC i STATE OF COLORADO Notary Public NOTARY ID 20164028200 'JN COMMISSION EXPIRES 07/28/2020 City Clerk’s Office Item # M-9 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 CONVEYING 26.480 ACRES OF PROPERTY BY A QUITCLAIM DEED TO PUEBLO SPRINGS RANCH, LLC, A NEVADA LIMITED LIABILITY COMPANY AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached for consideration is a Resolution approving a Quitclaim Deed to transfer City- Owned property to Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company subject to the terms of the Agreement dated February 26, 2018 and the Warranty Deed and Right of Reversion dated October 22, 2007 between the City of Pueblo and Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company. PREVIOUS COUNCIL ACTION: City Council approved the Agreement dated February 26, 2018 with the three Pueblo Springs Ranch ownership groups facilitating the reconveyance of the City’s property as stipulated in the original Warranty Deed and Right of Reversion. City Council approved the acceptance of a Warranty Deed and Right of Reversion dated October 22, 2007 between the City of Pueblo and Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company. The “Triggering Event” if the property was not annexed into the City was extended through six separate resolutions approved by City Council between 2007 and 2014. BACKGROUND: Subject to the terms of the Agreement dated February 26, 2018 between the City and the three ownership groups of the Pueblo Springs Ranch properties, and the Warranty Deed and Right of Reversion dated October 22, 2007, the City of Pueblo is conveying the land back to the property owners. Since the original acceptance of the property by the City, the Pueblo Springs Ranch ownership has sold portions of the original property creating three separate owners. This Resolution conveys the portion of the Pueblo Springs Ranch property to Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company which is the portion of the Pueblo Springs Ranch “Lariat” property that is adjacent to the property currently owned by Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company along with the flag portion of the property that was originally conveyed to the City of Pueblo by Pueblo Springs Ranch, LLC, a Nevada Limited Liability Company. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If City Council does not approve this Resolution, the City will not be in compliance with the terms of the Warranty Deed and Right of Reversion dated October 22, 2007 RECOMMENDATIONS: Approval of the Resolution. Attachments: Quitclaim Deed Map Exhibits of the Property