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HomeMy WebLinkAbout14329RESOLUTION NO. 14329 A RESOLUTION APPROVING AND ACCEPTING A WARRANTY DEED FROM S J P, LLC, A COLORADO LIMITED LIABILITY COMPANY OF PROPERTY TOTALING APPROXIMATELY 6.10 ACRES WITHIN THE COUNTY OF PUEBLO AND STATE OF COLORADO BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Warranty Deed granted by S J P, LLC, a Colorado Limited Liability Company, dated December 9, 2019,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 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 December 23, 2019 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: DEPUTY CITY CLERK City Clerk’s Office Item # M-6 BACKGROUND PAPER FOR PROPOSED RESOLUTION COUNCIL MEETING DATE: December 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: A RESOLUTION APPROVING AND ACCEPTING A WARRANTY DEED FROM S J P, LLC, A COLORADO LIMITED LIABILITY COMPANY FOR A PARCEL OF PROPERTY TOTALING APPROXIMATELY 6.10 ACRES WITHIN THE COUNTY OF PUEBLO AND STATE OF COLORADO SUMMARY: The Resolution approves and accepts a warranty deed for a parcel of property totaling 6.10 acres within Parcel “I” in Walking Stick Vista, Filing No. 1 for the future development of Walking Stick Boulevard. PREVIOUS COUNCIL ACTION: None. BACKGROUND: This portion of Parcel “I” in Walking Stick Vista, Filing No. 1 contains approximately 6.10 acres is being deeded to the City for the future development of Walking Stick Boulevard. The portion of land stretches between Colorado State University – Pueblo (CSU-P) and Walking Stick Vista Filing No. 1, 2008, and is dedicated for public access. With the development of Walking Stick Boulevard, access to the Walking Stick Vista Filing 1 subdivision would complete the dedication of the property to allow for the connection of Walking Stick Blvd and CSU-P. This will facilitate further development in the area and improve automobile circulation. This Resolution approves the City of Pueblo’s acceptance of the warranty deed for the property. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the property, and when constructed, the maintenance of Walking Stick Boulevard. BOARD/COMMISSION RECOMMENDATION: The Planning and Zoning Commission recommended approval of the Walking Stick Vista Subdivision, Filing 1 on December 12, 2007 which included the alignment for Walking Stick Boulevard up to the western boundary of the current subject property. ALTERNATIVES: If the Resolution is not approved, the property will not be accepted by the City and the section of Walking Stick Boulevard will not be constructed within this section of property. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution Warranty Deed from SJP, LLC - Exhibit A re: Resolution 14329 Reception 2164431 01/03/2020 03:14:29 PM WARRANTY DEED THIS DEED, dated G , 20 Between S J P, LLC, a Colorado Limited Liability Company C'grantor's Whose legal address is 101 N. Main Street Pueblo, CO 81003 of the County of Pueblo and State of Colorado, grantor and PUEBLO, a Municipal Corporation ("grantee' whose legal address is 1 City Hall Place Pueblo, CO 81003 of the County of Pueblo and State of Colorado, grantee: WITNESS, that the grantor, for and in consideration of the sum of One Dollar and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the grantee, its heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: SEE ATTACHED EXHIBIT A also generally known as a portion of Parcel "I" in Walking Stick Vista, Filing No. 1: TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, 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 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 grantee, its successors and assigns forever. The grantor, for itself and its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, grantor is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, the grantor has execu i on the date set forth above. James Gilbertson STATE OF COLORADO ) ss. County of Pueblo ) The foregoing instrument was acknowledged before me this ' OF G° 20--! , by James Gilbertson, as manager of S JI P, LLC, a Colorado limited liability company. DANIEL J. ACKERMAN NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174035108 COMMISSION EXPIRES AUG. 25, 2021 Witness my hand and official seal. My commission expires: r Notary Public 2164431 01/03/2020 03:1.4:23 PM Page,: 2 of 3 R 23.00 D 0.00 T 23,00 Gi 1b, 'r Ortiz Cler0Recorder, zueblo courttN Co EXHIBIT A LAND DESCRIPTION Gilbertson Property -Parcel "I" Walking Stick Vista, Filing No. 1 Future Walking Stick Boulevard A parcel of land located in the SE 1/4 of Section 8 and NE 1/4 of Section 17, Township 20 South, Range 64 West of the 6th P.M. in the County of Pueblo and State of Colorado being a portion of Parcel "I" in Walking Stick Vista, Filing No. 1 according to the recorded plat thereof filed for record April 15, 2008 at Reception Number 1765211 in the Pueblo County records and being more particularly described as follows: Considering the North line of Section 17, Township 20 South, Range 64 West of the 6th P.M. to bear N. 88145'07" E., and all bearings contained herein being relative thereto. Commencing from the Northeast Corner of the aforementioned Section 17, thence N. 21053'09" W., a distance of 730.76 feet to a point on the south line of said Parcel "I" and the Point of Beginning; thence N. 89009'52" W. along said south line of Parcel 'I", a distance of 100.00 feet; thence N. 00150'08" E., a distance of 290.01 feet; thence Northwesterly along the arc of a curve to the left whose radius is 650.00 feet, a distance of 746.53 feet; thence N. 64058'09" W., a distance of 743.96 feet; thence Northwesterly along the arc of a curve to the left whose radius is 650.00 feet, a distance of 282.31 feet; thence N. 89°51'15" W., a distance of 516.32 feet to the easterly right-of-way line of Mica Street in said Walking Stick Vista, Filing No. 1; thence N. 00°08'45" E. along said easterly right-of-way line of Mica Street, a distance of 100.00 feet; thence S. 89151'15" E., a distance of 516.32 feet; thence Southeasterly along the arc of a curve to the right whose radius is 750.00 feet, a distance of 325.74 feet; thence S. 64058'09" E., a distance of 743.96 feet; thence Southeasterly along the arc of a curve to the right whose radius is 750.00 feet, a distance of 861.38 feet; thence S. 00°50'08" W., a distance of 290.01 feet to the Point of Beginning. Containing 6.10 acres more or less Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC. 111 E. 5th Street Pueblo, Colorado 81003 December 5, 2019 IN 19 009 00 13 2164431 01/03/2020 03:14:29 PM paqe: 3 of 3 R 23.00 D 0.00 T 23.00 GifberL Ortiz Clerk/Recorder; Pueblo County, Cc mill FFAII: RXIOWN&D N RANA 1A POW W &1. 11111 w VALKING STICK ra— COURMF as , _P.O.C. a yr ­60 NMINM EKGUQMRM AM SURVEYM. M 4OCr vE ... .... ... '(W or W.11 I.NK x.. v 1AV Cantly