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Home My WebLink About14829 RESOLUTION NO. 14829 A RESOLUTION TRANSFERRING CITY OWNED PROPERTY TO BLACK HILLS COLORADO ELECTRIC, LLC A DELAWARE LIMITED LIABILITY COMPANY WHEREAS, Black Hills Colorado Electric, LLC, a Delaware limited liability company (Black Hills) has requested that the City of Pueblo, as owners of real property (Parcel No. 1513300051 which is Parcel D of Lake Avenue Subdivision approved and not yet recorded), transfer said property to be included with Blacks Hills adjacent property in the subdivision for future development; and, WHEREAS, such easements for public ingress/egress and all public utilities have been dedicated on the plat of Lake Avenue Subdivision in place of said parcel; and, WHEREAS, the interests of the City of Pueblo have been fully addressed by the dedication of easements within the plat of Lake Avenue Subdivision; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Quit Claim Deed with Reservations and Limitations, copy 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 further directed to cause same to be recorded in the Office of the Pueblo County Clerk and Recorder forthwith. All recording costs associated are to be paid for by Black Hills. SECTION 3. The officers and staff of the City of Pueblo are authorized to perform any and all acts consistent with this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final passage and approval. INTRODUCED: ____ March 14, 2022 _ BY: Vicente Martinez Ortega MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-5 Background Paper for Proposed Resolution COUNCIL MEETING DATE: March 14, 2022 TO: President Heather Graham and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, P.E., Director of Public Works SUBJECT: A RESOLUTION TRANSFERRING CITY OWNED PROPERTY TO BLACK HILLS COLORADO ELECTRIC, LLC A DELAWARE LIMITED LIABILITY COMPANY SUMMARY: Attached is a Resolution transferring city owned property to Black Hills Colorado Electric, LLC, a Delaware limited liability company. PREVIOUS COUNCIL ACTION: Lake Avenue Subdivision approved by Ordinance No. 10029, October 25, 2021. BACKGROUND: Parcel No. 1513300051 was deeded to the City of Pueblo by the CF&I Steel Corporation, a Colorado corporation per Resolution No. 5499 and recorded January 2, 1985. The City of Pueblo wishes to transfer this parcel to Black Hills Colorado Electric, LLC so the property can be included with the adjacent property owned by Black Hills Electric for future development. The full interests of the City of Pueblo for this parcel of land have been addressed with the dedication of easements on the Lake Avenue Subdivision plat. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: None. ALTERNATIVES: There are no alternatives. RECOMMENDATION: Approval of the Resolution. Attachments: Easement and Right of Way Reception 2278382 05/24/2022 10.54:13 AM re: Resolution 14829 QUIT CLAIM DEED WITH RESERVATIONS AND LIMITATIONS THIS DEED, Made this 1$* day of IN'‘ Pa-C. P , 2022, between the City of Pueblo, a Municipal Corporation Grantor, and Black Hills Colorado Electric, LLC,a Delaware limited liability company, Grantee, WITNESSETH, 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 remised, sold, conveyed and QUIT CLAIMED, and by these presents does remise, release,sell, convey and QUIT CLAIM, subject to the reservations and limitations herein noted, unto the Grantee, its successors and assigns, forever,the right,title,interest,claim and demand which the Grantor has in and to the real property,together with improvements,if any, situate, lying and being in the County of Pueblo and State of Colorado,described as: See Attached Exhibit"A" RESERVATIONS.Grantor reserves all easement rights existing under the 50 foot public ingress/egress and utility easement and all other easements and right of wgs of record as set forth and noted upon the Lake Avenue Subdivision Plat, recorded at Reception No. 7.21 53(0 of the records of the Pueblo County Clerk and Recorder, State of Colorado. Grantor further reserves the right to enter upon said property for the purposes of construction, replacement, maintenance, control, and repair of any public sanitary sewer constructed or to be constructed under said easements of record, including sewer easements at Book 2021 and Page 541, Book 2094 and Page 423 and Book 2095 and Page 413 of the records of the Pueblo County Clerk and Recorder, State of Colorado, and the right to use so much of the adjoining property of Grantee for said purposes. Grantor shall have the right, without the necessity at any time of procuring the consent or permission of anyone, to remove any building, fence, tree, pavement or other improvement or growth located upon such property that may in any way endanger or interfere with the construction, reconstruction, maintenance, inspection or removal of all or any parts of said public sanitary sewer and to recover the costs thereof, plus an administrative charge of 15%from Grantee.These reservations shall run with the land and shall be binding on the Grantee, its successors, and assigns. LIMITATIONS. This Deed is expressly made subject to any exceptions, reservations, restrictions, conditions, covenants, easements, rights-of-way, encroachments either of record or ascertainable by physical inspection, including but in no manner limited to those reservations set forth in the Special Warranty Deed at Book 2226 and Page 619 of the records of the Pueblo County Clerk and Recorder, State of Colorado. IN WITNESS WHEREOF,the Grantor has executed this deed on the date set forth above. t, o,ao.t. City of Pueblo, a Municipal Corporation ' ` . 7 • 0 Mayor of Ci 'oPueb o, a Muni or oration i `\r `1 i Y Y P P 1..N. . t...r,iiililrm-wa_-ig/• e Attest: ' ° ♦ MarisQIler, City Clerk ACCEPTANCE 2278382 05/24/2022 10:54:1.3 AM Page: 2 of 4 R 28.00 D 0,00 T 28.00 Gilnert Orti:r. Clerk/Recorder. Pueblo County, Co ■III 1R""+��ll� � � � "fit"f�4� .h II 111 EXHIBIT"A" Commencing at the W 1/4 corner of said Section 13; Thence North 89°31' East, a distance of 88 feet; Thence South 00°29' East along the East line of Lake Avenue and the East line of Lake Avenue extended, a distance of 503.46 feet to point of beginning; Thence North 89° 31' East, a distance of 1980.15 feet to the East R.O.W. line of Pine Street; Thence South 00°29' East, along said East R.O.W. line of Pine Street extended South, a distance of 50 feet;Thence South 89° 31' West, a distance of 1980.15 feet to the East R.O.W. line of Lake Avenue; Thence North 00°29'West along said R.O.W. line of Lake Avenue, a distance of 50 feet to the point of beginning. Excepting the Easement Agreement Recorded in Book 1878 at Page 164 Said tract contains 2.27 Acres more or less. 2278382 05/24/2022 10:54:13 AM Page: 3 of 4 R 28.00 D 0.00 T 28.00 Gilbert Ortiz Clerk/Recorder Pueblo County Cr, 1111 FilicrR irni 1110,1«11'h iiTlff Vilf/1141%.C.0II II The Grantee hereby accepts this Deed and agrees to be bound by all the reservations and limitations contained in it. Black Hills Colorado El tric, LLC, a Delaware limited liability company X By: ,, (�.. `4 Nam- ,C? /vt(,-I-r r L4tqfrS 1' Title: &V P ti C 1+K-0 STATE OF 5iisc&. ) ) ss. COUNTY OF Q"A1x1 ) Thef regoing instrument was acknowledged before me this/51: day of�Lke.4.-- , 2022, by bun;r teQ ` , as 6 0 P !Erol_ evifito of Black Hills Colorado Electric, LLC, a Delaware limited liability company (,.- --.0"-:. �OTARy C91 SEAQ. Witness my hand and official seal: SA L] f ; , P My commission expires: I / /& 4...L---- NOT NOT Y PUBLI 2278382 05/24/2022 10:54:13 ASI Pagge: 4 of 4 R 28.90 D 0.00 T 28.09 Co Gig ert Ortiz Clerk/Recorder, Pueblo Courts. CI��tiFthi�k�#rWMfl'" '�i"h: 111111 BLACK HILLS COLORADO ELECTRIC,LLC SECRETARY'S CERTIFICATE I, Amy K. Koenig, hereby certify that I am the duly elected and qualified Vice President — Governance, Corporate Secretary and Deputy General Counsel of Black Hills Colorado Electric, LLC, a Delaware limited liability company (the "Company"), and, as such, am authorized to execute this Secretary's Certificate on behalf of the Company. I FURTHER CERTIFY THAT: 1. Jennifer C. Landis is the Senior Vice President and Chief Human Resources Officer of the Company. 2. Pursuant to the Revised and Restated Policy on Contract and Signature Authority adopted by the Sole Member of the Company on October 27, 2020 and amended on December 3, 2020, she is authorized to execute the requisite documents for the acquisition of real property described as follows: That part of the SW 1/4 of Section 13, Township 21 South,Range 65 West of the 6th P.M., County of Pueblo and State of Colorado, described as follows: Commencing at the W 1/4 corner of said Section 13; Thence North 89°31' East, a distance of 88 feet; Thence South 00°29' East along the East line of Lake Avenue and the East line of Lake Avenue extended,a distance of 503.46 feet to point of beginning; Thence North 89°31'East,a distance of 1980.15 feet to the East R.O.W.line of Pine Street; Thence South 00°29' East, along said East R.O.W. line of Pine Street extended South, a distance of 50 feet; Thence South 89°31'West, a distance of 1980.15 feet to the East R.O.W. line of Lake Avenue; Thence North 00°29' West along said R.O.W. line of Lake Avenue, a distance of 50 feet to the point of beginning. also known by street and number as: TBD City of Pueblo, Pueblo,CO 81002. 3. The signature appearing opposite her name is her true and correct signature. Name and Office Signature ♦/ Jennifer C. Landis At 1►A Senior Vice President and Chief Human Resources Officer IN WITNESS WHEREOF, I have hereunto set my hand and seal this I day of March,2022. •``,,gip r a d,,,,, ,,�.,, BLACK HILLS COLORADO ELECTRIC, LLC e,• �' ^ . ell _ COMPANY '�' G Amy✓F oenig, Vice&resident-Governance, -'116-)..• 2007 _ Corporate Secretary and Deputy General Counsel