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Home My WebLink About09566ORDINANCE NO. 9566 AN ORDINANCE GRANTING A PARTIAL RELEASE FROM DEED REVERSION RIGHTS BY PUEBLO, A COLORADO MUNICIPAL CORPORATION TO THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Partial Release from Deed Reversion Rights to The Housing Authority of the City of Pueblo, Colorado, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute said Partial Release from Deed Reversion Rights and all documents necessary and appropriate to effectuate said release. 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 Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City council on September 23, 2019. Final adoption of Ordinance by City Council on October 15, 2019 . President of City Council Action by the Mayor: ☒ Approved on October 17, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor : □ Council did not act to override the Mayor’s veto. □ Ordinance re-adopted on a vote of , on □ Council action on failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-5 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: September 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE GRANTING A PARTIAL RELEASE FROM DEED REVERSION RIGHTS BY PUEBLO, A COLORADO MUNICIPAL CORPORATION TO THE HOUSING AUTHORITY OF THE CITY OF PUEBLO, COLORADO AND AUTHORIZING THE MAYOR TO EXECUTE SAME SUMMARY: Attached for consideration is an Ordinance approving a Partial Release from Deed Reversion Rights granted by the City to the Housing Authority of the City of Pueblo, Colorado (“PHA”) relating to the PHA’s development of the Mountain View Townhomes housing project. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On January 2, 1970 the City of Pueblo transferred property to The Housing Authority of the City of Pueblo, Colorado recorded in Book 1665, Page 165 in the office of the Pueblo County Clerk and Recorder. The deed transferred Lot 13, Block 23, in Uplands Park according to the plat filed on February 19, 1886, except the south 33 feet thereof. The deed contained a statement that the parties agreed that the property is to be used for community and public recreational and educational services, and if the property ceases to be so used, that it shall revert back to the City of Pueblo. Based on the new approved development plans for PHA’s Mountain View Townhomes housing project, this property will not be utilized for community and public recreational and educational services. This Ordinance approves a Partial Release from Deed Reversion Rights to allow for the property to be developed for the new PHA’s housing project. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: None. STAKEHOLDER PROCESS: None. ALTERNATIVES: City Council could vote to not approve the Ordinance. Although the denial of the Ordinance will jeopardize the implementation of the PHA’s Mountain View Townhomes housing project. RECOMMENDATION: Approval of the Ordinance. Attachments: Proposed Ordinance Partial Release from Deed Reversion Rights Deed from City of Pueblo to the Housing Authority dated January 2, 1970 Reception 2157831 11/01/2019 02:13:38 PM PARTIAL RELEASE FROM DEED REVERSION RIGHTS Mountain View Townhomes This PARTIAL RELEASE FROM DEED REVERSION RIGHTS is executed on 0c401o,r I-7 ?l,i 9 , 2019, by Pueblo, a Colorado Municipal Corporation of the County of Pueblo and State of Colorado ("Pueblo") for the purpose of releasing the portion of the real property described on the attached Exhibit A from the effects and operation of the reversion rights contained in that certain Deed (the "Deed") dated January 2, 1976 by and between The Housing Authority of the City of Pueblo, Colorado ("PHA") and Pueblo, which Deed was recorded among the Land Records of Pueblo County. WHEREAS, PHA intends to construct fifty-one (51) units of affordable rental housing development and other improvements to be known as Mountain View Townhomes to be located on the real property described on Exhibit A ("Mountain View Townhomes"), and, WHEREAS, a portion of the Mountain View Townhomes is comprised of land conveyed by Pueblo to the PHA pursuant to the Deed; and.. WHEREAS, the Deed contains certain reversion rights in favor of Pueblo (the "Reversion Rights") which PHA is requesting be released from those portions of the Mountain View Townhomes site initially conveyed to PHA and now a component of the property more fully described in Exhibit A and Pueblo desires to so release the Reversion Rights to permit the development of Mountain View Townhomes to proceed; NOW, THEREFORE, for and in consideration of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Pueblo agrees as follows: 1. The aforementioned Deed is hereby modified to release the Reversion Rights of the real property described on Exhibit A attached hereto. The foregoing partial release shall not operate to release any other property described in said Deed from the Reversion Rights and said Deed shall continue to be and remain in full force and effect with respect to all property that has not been released. [SIGNATURE APPEARS ON THE FOLLOWING PAGE] DMEAST#38753525 v2 2157831 11/01/2019 02:13:38 PM Page: 2 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder. Pueblo County. Co VIII 14!r11t'f700,i4+4'Pr:1:i4%11 11111 WHEREAS, Pueblo has executed this Partial Release from Deed Reversion Rights as of the date first written above. PUEBLO: PUEBLO, a Municipal Corporation By: C`� / AS"le- e/ Name: Title: STATE OF COLORADO ) COUNTY OF PUEBLO On this 17%y of 'C±CI , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Ni Mot a S6-racifccypersonally known to me or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in her capacity and that by him/her signature on the instrument, the individual or the person on behalf of which the individual acted, executed the instrument. , 1h ; , )n Notary Public' My Commission Expires: TAMMY AYMARTINEZ C 1, (NOTAg4. 0A� opt uC ORADO NOTARY ID 20164028200 MY COMMISSION EXPIRES 07/26/2020 (SIGNATURE PAGE-PARTIAL RELEASE FROM DEED OF REVERSION RIGHTS] 2157831 11/01/2019 02:13:38 PM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder, Pueblo County. Co 11111F1R'49 rUil .111411 1'M:NI l 1111111 Exhibit A Legal Description A PARCEL OF LAND BEING A PORTION OF HOUSING SUBDIVISION RECORDED ON MAY 24,1952 IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PUEBLO UNDER RECEPTION NUMBER 913457(BOOK 16,PAGE 3)AND A PORTION OF LOT 13, BLOCK 23 OF UPLANDS PARK RECORDED ON FEBRUARY 19.1886 IN SAID RECORDS IN BOOK 2B AT PAGES 33-34:LOCATED IN THE NORTHWEST ONE-QUARTER OF SECTION 11,TOWNSHIP 21 SOUTH,RANGE 65 WEST OF THE 6TH PRINCIPAL MERIDIAN:MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE NORTH LINE OF SAID HOUSING SUBDIVISION,MONUMENTED ON THE WEST END BY A FOUND 1-1/2"ALUMINUM TAG STAMPED"MANGINI REEVES INC.PLS 22101'AND ON THE EAST END BY A FOUND 1'YELLOW PLASTIC CAP STAMPED-CARDINAL,PLS 22101'(A 1-FOOT WITNESS CORNER),AND IS ASSUMED TO BEAR NORTH 88'54'18"EAST 1253.48 FEET. BEGINNft4G AT THE EAST END OF SAID NORTH LINE.SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID HOUSING SUBDIVISION AND A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF ACERO AVENUE THENCE SOUTH C1"05'33"EAST.ALONG THE EAST LINE OF SAID HOUSING SUBDIVISION AND SAID WESTERLY RIGHT-OF-WAY LINE. A DISTANCE OF 362.81 FEET TO THE NORTHEAST CORNER OF SAID LOT 13,BLOCK 23 OF UPLANDS PARK. THENCE SOUTH 88"5314"WEST.ALONG THE NORTH LINE OF SAID LOT 13.A DISTANCE OF 614.52 FEET TO A 63.17 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS NORTH 12"42'08"WEST. THENCE WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 3815'36".AN ARC DISTANCE OF 42.18 FEET. THENCE SOUTH 41'5606"WEST,A DISTANCE OF 91.85 FEET TO A 52.00 FOOT RADIUS TANGENT CURVE WHOSE CENTER BEARS NORTHWESTERLY. THENCE WESTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 85"59'09".AN ARC DISTANCE OF 78.04 FEET. THENCE SOUTH 44'0545'WEST.A DISTANCE OF 23.01 FEET, THENCE NORTH 45"5648"WEST,A DISTANCE OF 60.00 FEET: THENCE NORTH 44"05'45"EAST,A DISTANCE OF 116.82 FEET TO A 72.76 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS NORTH 27"53'10"EAST: THENCE NORTHWESTERLY ALONG SAID CURVE-THROUGH A CENTRAL ANGLE OF 15'53'10`.AN ARC DISTANCE OF 20.17 FEET. THENCE NORTH 46"13'38"WEST,A DISTANCE OF 72.17 FEET: THENCE NORTH 43"4676"EAST,A DISTANCE OF 57.29 FEET: THENCE SOUTH 46"1338'EAST.A DISTANCE OF 64.92 FEET TO A 28.73 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS NORTH 43'4627"EAST: THENCE EASTERLY ALONG SAID CURVE.THROUGH A CENTRAL ANGLE OF 51"19'09',AN ARC DISTANCE OF 25.73 FEET TO A 184.06 FOOT RADIUS NON-TANGENT CURVE WHOSE CENTER BEARS NORTH 07"3879"WEST: THENCE EASTERLY ALONG SAID CURVE,THROUGH A CENTRAL ANGLE OF 05'56'58'.AN ARC DISTANCE OF 19.11 FEET: THENCE NORTH 44"1408"EAST,A DISTANCE OF 41.63 FEET. THENCE NORTH 01"06'56"WEST,A DISTANCE OF 60.09 FEET: THENCE NORTH 8926'28"EAST,A DISTANCE OF 32.02 FEET. THENCE NORTH 01"05'42"WEST,A DISTANCE OF 178.95 FEET TO THE PREVIOUSLY MENTIONED NORTH LINE OF HOUSING SUBDIVISION; THENCE NORTH 98"54'18"EAST.ALONG SAID NORTH LINE,A DISTANCE OF 541.61 FEET TO THE POINT OF BEGINNING. A • 386797RECORDED 1665 PAGE 12$ NO. RECORDED d JAN 2 11976 ' ,la.TaSI4 HSON.Recorder(:d This Deed, Made this 2nd day of January in the year of our • Lord one thousand nine hundred and seventy ,between Pueblo, a Municipal Corporation ' • ' of the County of Pueblo and State of Colorado,of the first past,and of the 'L,amnty° PueQ Ao nn State of Lolotrando,of1tv 1he'seo d Pueblo,f arColorado Pueblo WITNESSETH,That the said party of the first part,for and in consideration of the suns of • One Dollar and other good and valuable consideration DOLLARS, to the said part Y of the first part in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and acknowledged,has remised,released,sold,conveyed and QUIT CLAIMED,and by these presents do es remise,release,sell,convey and QUIT CLAIM unto the said part y oe the second part , its successors, • heirs and assigns forever,all the right,title,int rest,claim and demand whish the said part y of the first part ha S in and to the following described real property situate,lying and being in the County' of Pueblo and State of Colorado,to-wit: • Lot 13, Block 23, in Uplands Park, in the town of • Bessemer, now a part of the City of Pueblo, accord- ing to the plat thereof filed for record on February 19, 1886, except the south 33 feet thereof. • 2157831 11/01/2019 02:13:38 PM Page: 4 of 4 R 28.00 D 0.00 T 28.00 • Gilbert Ortiz Clerk/Recorder, Pueblo County. Co ■iii M!rd ,114111,111114wt kit clii N illr6 7,1 r x,4, 11111 • it is understood and agreed by the parties hereto that the said above-described property is to be used for commun- ity and public recreational and educational services, and that, whenever it shall cease to be so used, the said pro- perty shall revert to the grantor herein, its successors, heirs and assigns, and this agreement is hereby declared to be a covenant running with the above-described land. • La...a.8,..►. o.n v.h8.00j oo.Q° • TO HAVE AND TO HOLD the same,together with all and singular the appurtenances and privileges thereunto belonging or in . anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever,of the said party of the first part,either in law or equity,to the only proper use,benefit and behoof of the said party oT the second part, its s,jiccessors, heirs and assigns forever.• IN WITNESS WHEREOF,The said party of the first part haS hereunto set its hand and seal the da.$and year first above written. •UEBLO, a M i i cipal C•rpo'.ti•• ' —,SiiOids9ee ed•attdi livered-urPresenee of b 0.101-1.7-141 ` á.._A '— SEAL) AfiTEST'"7 -► • Presi•ent • the Co Irci1 n / (SEAL) y; City Clerk (SEAL) (SEAL) 9 t STATE OF COLORADO, j • County of Pueblo. Y H. / x /. I •\r,i y j, The foregoiag instrument was acknowledged before me this /3 ra, day of • :z..::4.1.0_._.:'= January A.D.19 70 ,by as President of 2' °!fL y E. ::: 7' : on.!.w ?n (/