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HomeMy WebLinkAbout13902Reception 2099583 03/15/2018 03:43:20 PM RESOLUTION NO. 13902 A RESOLUTION CONVEYING 49.355 ACRES OF PROPERTY BY A QUITCLAIM DEED TO PUEBLO SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY AND PUEBLO SPRINGS RANCH, LLC, A DELAWARE LIMITED LIABILITY COMPANY, AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME WHEREAS, the Pueblo City Council approved by Resolution No. 11137, dated 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, WHEREAS, the Property accepted by the City was not utilized to provide the contiguity for the annexation of the subsequent owners Pueblo Springs, LLC, an Arizona Limited Liability Company and Pueblo Springs Ranch, LLC, a Delaware Limited Liability Company prior to the occurrence of a "Triggering Event" as 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, LLC, an Arizona Limited Liability Company, and Pueblo Springs Ranch, LLC, a Delaware 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, LLC, an Arizona Limited Liability Company and Pueblo Springs Ranch, LLC, a Delaware 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. 2099583 03/15/2018 03:43:20 PM Page: 2 of 7 R 43.00 D 0.00 7 43.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co SECTION 3: 1111 11111r1 lkilIifi;l4l.i'1,M',,rli'OrkiNA,ihfrYiyi, •I III 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. INTRODUCED February 26, 2018 1'.i t t 4 BY: 'd : own , ° c MEQ • ITY COUN._ i' 'r, APPROVED: •'' .- t E P"ESI ri ENT OF CITY COUNCIL }.T M 1 • ATTESTED B C 't : ACTING CITY CLERK • 2099583 03/15/2018 03:43:20 PM Page: 3 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County; Co 1111 P./MP Wiled it4 •I II QUITCLAIM DEED THIS QUITCLAIM DEED, made this 26th day of February, 2018, between Pueblo, a Municipal Corporation,whose legal address is 1 City Hall Pl, Pueblo,Colorado 81003 (hereinafter referred to as "Grantor") and Pueblo Springs, LLC, an Arizona limited liability company whose address is 4915 East Baseline Rd, Ste 105, Gilbert, AZ 85234-2966 and Pueblo Springs Ranch, LLC, a Delaware limited liability company whose address is do Arcus Private Capital Solutions, 4915 East Baseline Rd, Ste 105, Gilbert, AZ 85234-2966, (hereinafter referred to as("Grantees"): 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 Grantees, 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 4, 5, 6, 7, 8, 9, 16, 17, 20, 21, 28, 29, 30, 31 and 33, Township 18 South, Range 64 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 from the Southeast Corner of Section 31, Township 18 South, Range 64 West, thence S. 89°54'24" W. along the south line of said Section 31, a distance of 4,526.33 feet; thence N. 03°22'26" E., a distance of 5,017.79 feet;thence along the arc of a curve to left whose center bears N. 85°57'06" W.,and whose radius is 3,146.89 feet,a distance of 466.55 feet;thence N.04°37'20" W.,a distance of 301.11 feet;thence N. 85°22'40" E.,a distance of 55.00 feet;thence N.04°37'20" E., a distance of 150.00 feet;thence S. 85°22'40" W., a distance of 55.00 feet;thence N. 04°37'25" W., a distance of 3,117.86 feet; thence along the arc of a curve to left whose center bears S. 81°38'42" W., and whose radius is 5,779.38 feet, a distance of 230.12 feet; thence N. 89°10'21" E., a distance of 725.98 feet; thence N. 34°00'55" E., a distance of 18.20 feet; thence S. 80°49'12" E.,a distance of 690.76 feet;thence N. 77°10'52" E.,a distance of 286.44 feet;thence S. 89°50'39" E., a distance of 203.10 feet to a point on the west line of the Northeast Quarter of Section 30, Township 18 South, Range 64 West;thence S. 00°1 1'18" W. along said west line of the Northeast Quarter of Section 30, a distance of 1,281.16 feet to the Center Corner of Section 30; thence N. 89°51'55" E. along the south line of said Northeast Quarter of Section 30, a distance of 1,308.86 feet to the North 1/16 Corner of the Southeast Quarter of Section 30 ;thence S.00°03'55" W.along the west line of the Northeast Quarter of the Southeast Quarter of Section 30,a distance of 1,327.91 feet to the Center Corner of the Southeast Quarter of Section 30;thence S. 89°44'13" W. along the south line of the Northwest Quarter of the Southeast Quarter of Section 30, a distance of 419.92 feet;thence S.07°42'41" E.,a distance of 511.15 feet;thence S. 89°36'28" W.,a distance of 209.77 feet; thence N. 21°53'01" W.,a distance of 545.55 feet to a point on the aforementioned south line of the Northwest Quarter of the Southeast Quarter of Section 30; thence S. 89°42'39" W. along 2099583 03/15/2018 03:43:20 PM Page: 40 of 7 R 43. .00 3.00 Gilbert Ortiz Clerk/Recorder00 De 0, PuebloTl 4County, Co lIII FM P air Plat t 11411D''aLlilAWrrh 11111 said south line of the Northwest Quarter of the Southeast Quarter of Section 30, a distance of 543.92 feet to a point on the west line of the Southeast Quarter of Section 30;thence S. 00°02'43" W. along said west line of the Southeast Quarter of Section 30, a distance of 1,331.20 feet to the Southwest Corner of the Southeast Quarter of Section 30; thence N. 89°34'41" E. along said south line of the Southeast Quarter of Section 30, a distance of 2,615.12 feet to the Southeast Corner of said Section 30; thence N. 00°06'08" E. along the east line of the Southeast Quarter of Section 30, a distance of 2,649.20 feet; thence N. 00°32'06" E. along the east line of the Northeast Quarter of Section 30, a distance of 2588.34 feet to the Northeast Corner of Section 30; thence N. 01°05'53" W. along the west line of the Southwest Quarter of Section 20, Township 18 South, Range 64 West, a distance of 2,610.83 feet to the Northwest Corner of the Southwest Quarter of Section 20; thence N. 89°26'45" E. along the north line of the Southwest Quarter of Section 20, a distance of 1,330.70 feet to Southeast Corner of the West one-half of the Northwest Quarter of Section 20; thence N. 00°14'21" W. along the east line of the aforementioned West one-half of the Northwest Quarter of Section 20, a distance of 2,663.70 feet to the Northeast Corner of the West one-half of Section 20; thence N. 00°1T18" E. along the east line of the Southwest Quarter of the Southwest Quarter of Section 17, Township 18 South, Range 64 West, a distance of 1,305.02 feet to the Center Corner of the Southwest Quarter of Section 17;thence N. 89°39'12" E. along the south line of the Northeast Quarter of the Southwest Quarter of Section 17, a distance of 1,298.23 feet to the Southeast Corner of the Northeast Quarter of the Southwest Quarter of Section 17; thence N. 00°33'24" W.along the east line of said Northeast Quarter of the Southwest Quarter and along the west line of the Southwest Quarter of the Northeast Quarter of Section 17, a distance of 2,650.09 feet to the Northwest Corner of the Southwest Quarter of the Northeast Quarter of Section 17; thence N. 89°48'24" E. along the north line of the Southwest Quarter of the Northeast Quarter of Section 17, a distance of 1,314.24 feet to the Center Corner of the Northeast Quarter of Section 17; thence N. 00°45'41" W. along the east line of the Northwest Quarter of the Northeast Quarter of Section 17, a distance of 1,317.91 feet to the Northeast Corner of the Northwest Quarter of the Northeast Quarter of Section 17; thence N. 89°56'09" W. along the north line of the Northeast Quarter of Section 17,a distance of 1,309.89 feet to the Northwest Corner of the Northeast Quarter of Section 17; thence N. 00°35'57" W. along the east line of the Southwest Quarter of Section 8, Township 18 South, Range 64 West, a distance of 2,640.28 feet to the Center Corner of said Section 8; thence S. 89°55'14" W. along the north line of the Southwest Quarter of Section 8, a distance of 2,630.80 feet to the Northwest Corner of the Southwest Quarter of Section 8; thence N. 89°08'49" W. along the north line of the Southeast Quarter of Section 7, Township 18 South, Range 64 West, a distance of 1,323.29 feet to the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 7; thence N. 01°18'15" W. along the east line of the Southwest Quarter of the Northeast Quarter of Section 7, a distance of 1,327.41 feet to the Center Corner of the Northeast Quarter of Section 7; thence S. 88°51'52" W. along the north line of the Southwest Quarter of the Northeast Quarter of Section 7, a distance of 1,313.21 feet to the Northwest Corner of the Southwest Quarter of the Northeast Quarter of Section 7; thence N. 00°05'07" E. along the west line of the Northeast Quarter of Section 7,a distance of 1,272.66 feet to the Northwest Corner of the Northeast Quarter of Section 7;thence N. 88°52'38" E. along the north line of the Northeast 2099583 03/15/2018 03:43:20 PM Page: 50 7 43. D 0.00 T 43.00 Gilbert Ortizof ClerkR /Record00er, Pueblo County. Co 1111 FM',Pei% k l'i*NrAiii dtN4,1 1i ilk III VI Quarter of Section 7, a distance of 322.52 feet; thence N. 10°55'44" W., a distance of 225.71 feet; thence N. 02°56'43" W., a distance of 1,681.28 feet; thence N. 14°22'18" W., a distance of 221.61 feet; thence N. 25°27'05" W., a distance of 331.96 feet; thence N. 00°06'14" W., a distance of 354.42 feet;thence N. 88°12'06" E.,a distance of 32.72 feet; thence S. 89°24'52" E., a distance of 10,383.73 feet; thence S. 21°04'03" E., a distance of 2,501.67 feet; thence S. 22°51'37" E., a distance of 276.68 feet; thence S. 22°51'37" E., a distance of 2,581.14 feet; thence S. 20°46'42" E., a distance of 2,207.36 feet to a point on the east line of Section 9, Township 18 South, Range 64 West; thence S. 00°20'24" E. along the east line of said Section 9, a distance of 826.53 feet to the Southeast Corner of Section 9; thence S. 00°19'38" E. along the east line of the Northeast Quarter of Section 16, Township 18 South, Range 64 West, a distance of 2,640.77 feet; thence S. 00°20'24" E. along the east line of the Southeast Quarter of Section 16, a distance of 2,640.73 feet to the Southeast Corner of Section 16; thence S. 00°24'08" E. along the east line of the Northeast Quarter of Section 21, Township 18 South, Range 64 West, a distance of 2,643.26 feet; thence S. 00°28'51" E. along the east line of the Southeast Quarter of Section 21, a distance of 2,644.37 feet to the Southeast Corner of Section 21; thence S. 00°25'20" E. along the east line of the Northeast Quarter of Section 28, Township 18 South, Range 64 West, a distance of 2,635.42 feet; thence S. 00°29'19" E. along the east line of the Southeast Quarter of Section 28, a distance of 2,636.59 feet to the Southeast Corner of Section 28; thence S. 00°24'36" E. along the east line of the Northeast Quarter of Section 33, Township 18 South, Range 64 West, a distance of 2,450.37 feet; thence S. 00°24'40" E. along the east line of the Southeast Quarter of Section 33, a distance of 2849.99 feet to the Southeast Corner of Section 33;thence S. 89°52'11" W.along the south line of the Southeast Quarter of Section 33, a distance of 21.50 feet; thence N. 00°24'40" W. parallel to the east line of the Southeast Quarter of Section 33, a distance of 2,849.99 feet;thence N. 00°24'36" E. parallel to the east line of the Northeast Quarter of Section 33,a distance of 2,450.37 feet;thence N.00°29'19" W. parallel to the east line of the Southeast Quarter of Section 28, a distance of 2,636.58 feet; thence N. 00°25'20" W. parallel to the east line of the Northeast Quarter of Section 28, a distance of 2635.38 feet;thence N.00°28'51" W.parallel to the east line of the Southeast Quarter of Section 21, a distance of 2,644.37 feet; thence N. 00°24'08" W. parallel to the east line of the Northeast Quarter of Section 21, a distance of 2,643.29 feet; thence N. 00°20'24" W. parallel to the east line of the Southeast Quarter of Section 16,a distance of 2,640.74 feet;thence N.00°19'38" W.parallel to the east line of the Northeast Quarter of Section 16, a distance of 2,640.78 feet; thence N. 00°20'24" W. parallel to the east line of the Southeast Quarter of Section 9, a distance of 822.66 feet; thence N. 20°46'42" W., a distance of 2,203.09 feet; thence N. 22°51'37" W., a distance of 2,580.76 feet; thence N. 21°14'50" W., a distance of 2,764.30 feet; thence N. 89°24'52" W., a distance of 10,368.68 feet; thence S. 88°12'06" W., a distance of 11.40 feet; thence S. 00°06'14" E.,a distance of 328.71 feet; thence S. 25°27'05" E.,a distance of 329.21 feet;thence S. 14°22'18" E., a distance of 225.85 feet; thence S. 02°56'43" E., a distance of 1,681.93 feet; thence S. 10°55'44" E., a distance of 249.74 feet; thence S. 88°52'38" W., a distance of 327.00 feet; thence S.00°05'07"E.parallel to the west line of the Northeast Quarter of Section 7,a distance of 1,229.65 feet; thence N. 88°51'52" E. parallel to the north line of the Southwest Quarter of the Northeast Quarter of Section 7, a distance of 1,312.68 feet;thence S. 01°18'15" E. parallel to the east line of 2099583 03/15/2018 03:43:20 PM Page: 6 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co IN'IMIPMN!, r11141114 11111 the Southwest Quarter of the Northeast Quarter of Section 7, a distance of 1,328.14 feet;thence S. 89°08'49" E. parallel to the north line of the Southeast Quarter of Section 7,a distance of 1,302.58 feet; thence N. 89°55'14" E. parallel to the north line of the Southwest Quarter of Section 8, a distance of 2,651.93 feet; thence S. 00°35'57" E. parallel to the east line of the Southwest Quarter of Section 8, a distance of 2,640.33 feet; thence S. 89°56'09" E. parallel to the north line of the Northeast Quarter of Section 17, a distance of 1,309.83 feet; thence S. 00°45'41" E. parallel to the east line of the Northwest Quarter of the Northeast Quarter of Section 17, a distance of 1,360.82 feet; thence S. 89°48'24" W. parallel to the north line of the Southwest Quarter of the Northeast Quarter of Section 17, a distance of 1,314.32 feet; thence S. 00°33'24" E. parallel to the east line of said Northeast Quarter of the Southwest Quarter and the west line of the Northeast Quarter of the Southwest Quarter of Section 17, a distance of 2,650.03 feet; thence S. 89°39'12" W. parallel to the south line of the Northeast Quarter of the Southwest Quarter of Section 17, a distance of 1,298.55 feet; thence S. 00°17'18" W. parallel to the east line of the Southwest Quarter of the Southwest Quarter of Section 17,a distance of 1,283.66 feet;thence S. 00°14'21" E. parallel to the east line of the West one-half of the Northwest Quarter of Section 20, a distance of 2,684.98 feet; thence S. 89°26'45" W.parallel to the north line of the Southwest Quarter of Section 20, a distance of 1,330.38 feet;thence S.01°05'53"E.parallel to the west line of the Southwest Quarter of Section 20, a distance of 2,589.43 feet; thence S. 00°32'06" W. parallel to the east line of the Northeast Quarter of Section 30, a distance of 2,588.56 feet; thence S. 00°06'08" W. parallel to the east line of the Southeast Quarter of Section 30, a distance of 2,670.42 feet; thence S. 89°34'41" W. parallel to the south line of the Southeast Quarter of Section 30, a distance of 2,658.10 feet; thence N. 00°02'43" E.parallel to the west line of the Southeast Quarter of Section 30,a distance of 1,374.25 feet; thence N. 89°42'39" E. parallel to the south line of the Northwest Quarter of the Southeast Quarter of Section 30, a distance of 579.91 feet; thence S. 21°53'01" E., a distance of 545.52 feet; thence N. 89°36'28" E., a distance of 170.69 feet; thence N. 07°42'41" W., a distance of 511.21 feet; thence N. 89°44'13" E. parallel to the south line of the Northwest Quarter of the Southeast Quarter of Section 30, a distance of 423.04 feet;thence N. 00°03'55" E. parallel to the west line of the Northeast Quarter of the Southeast Quarter of Section 30, a distance of 1,284.96 feet; thence S. 89°51'55" W. parallel to the south line of said Northeast Quarter of Section 30, a distance of 1,308.90 feet; thence N. 00°11'18" E. parallel to the west line of the Northeast Quarter of Section 30, a distance of 1281.27 feet; thence N. 89°50'39" W., a distance of 179.14 feet; thence S. 77°10'52" W., a distance of 288.17 feet; thence N. 80°49'12" W., a distance of 681.19 feet; thence S. 34°00'55" W., a distance of 15.69 feet;thence S. 89°1021" W.,a distance of 711.73 feet;thence along the arc of a curve to right whose center bears S. 79°36'57" W., and whose radius is 5,800.88 feet, a distance of 206.15 feet; thence S. 04°37'25" E., a distance of 3,097.06 feet; thence N. 85°22'40" E., a distance of 55.00 feet; thence S. 04°37'20" E., a distance of 193.00 feet; thence S. 85°22'40" W., a distance of 55.00 feet; thence S. 04°3720" E., a distance of 279.61 feet; thence along the arc of a curve to right whose center bears S. 85°12'20" W., and whose radius is 3,168.39 feet, a distance of 469.65 feet; thence S. 03°22'26" W., a distance of 4,994.86 feet; thence N. 89°54'24" E. parallel to the south line of said Section 31, a distance of 4,503.31 feet; thence N. 2099583 03/15/2018 03:43:20 PM Page: 7 of 7 R 43.00 D 0.00 T 43.00 Gilbert Ortiz Clerk/Recorder: Pueblo County, Co 11111 kicilnI VW111'i' +I'diNii"Xi:111111.l0,111,4, 11i II I 89°53'56" E., a distance of 21.40 feet; thence S. 00°49'35" E., a distance of 21.50 feet; thence S. 89°53'56" W., a distance of 21.50 feet to the Point of Beginning. Containing 49.355 acres, more or less IN WITNESS WHEREOF, this Quitclaim Deed is executed by Grantor to be effective the day and year first above written. GRANTOR: 40,SL Q. PUEBLO, A MUNICIPAL CORPORATION, : By: ri/ g/ CO hri;,.pher A. Nicoll '$1'caaa'rO4 Pre ident City Council STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this c)6:74 day of 2018, by Christopher A. Nicoll, President of the City Council of Pueblo, a municipal coration. Witness my official hand and seal. My commission expires o 4,a0G' V ° TAMMY A MARTINEZ /r_/n 4, NOTARY PUBLIC STATE OF COLORADO Notary Publ. NOTARY ID 20161020200 MY COMMISSION EXPIRES 07/26/2020 City Clerk’s Office Item # M-11 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 49.355 ACRES OF PROPERTY BY A QUITCLAIM DEED TO PUEBLO SPRINGS, LLC, AN ARIZONA LIMITED LIABILITY COMPANY AND PUEBLO SPRINGS RANCH, LLC, A DELAWARE 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, LLC, an Arizona Limited Liability Company and Pueblo Springs Ranch, LLC, a Delaware 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, LLC, an Arizona Limited Liability Company and Pueblo Springs Ranch, LLC, a Delaware 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, LLC, an Arizona Limited Liability Company and Pueblo Springs Ranch, LLC, a Delaware 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