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HomeMy WebLinkAbout15035RESOLUTION NO. 15035 A RESOLUTION APPROVING AND ACCEPTING A GENERAL WARRANTY DEED WITH RESPECT TO THE FUTURE CONSTRUCTION OF SUN MOUNTAIN BOULEVARD AND ASSOCIATED PUBLIC IMPROVEMENTS FROM JAMES H. BUTCHER TOTALING APPROXIMATELY 4.39 ACRES OF LAND WHEREAS, the Pueblo Area Council of Governments (PACOG), under Resolution No. 2021-010 adopted the 2045 Long Range Transportation Plan which identifies a future north- south roadway between West 24th Street and West 31st Street and located generally between Pueblo Boulevard (Colorado State Highway 45) and Wildhorse Creek, currently designated as Sun Mountain Boulevard and formerly known as Spaulding Avenue; and WHEREAS, the City of Pueblo has received a notice of award for a grant to fund the construction of that segment of Sun Mountain Boulevard; and WHEREAS, James H. Butcher, as the sole owner of a certain parcel of land located in the proposed alignment of Sun Mountain Boulevard desires to convey ownership of a portion of the property to the City of Pueblo for the future construction of the road segment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The General Warranty Deed ("Deed") conveying a parcel of land to the City of Pueblo, 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 cause said Deed to be recorded in the office of the Pueblo County Clerk and Recorder forthwith. SECTION 3. The officers of the City 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 passage and approval. INTRODUCED: October 24, 2022 BY: Dennis Flores MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: DEPUTY CITY CLERK City Clerk's Office Item # M3 Background Paper for Proposed Resolution COUNCIL MEETING DATE: October 24, 2022 TO: President Heather Graham and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: A RESOLUTION APPROVING AND ACCEPTING A GENERAL WARRANTY DEED WITH RESPECT TO THE FUTURE CONSTRUCTION OF SUN MOUNTAIN BOULEVARD AND ASSOCIATED PUBLIC IMPROVEMENTS FROM JAMES H. BUTCHER TOTALING APPROXIMATELY 4.39 ACRES OF LAND SUMMARY: This Resolution will authorize the City of Pueblo to accept a General Warranty Deed for 4.39 acres of land to be conveyed to the City of Pueblo from the current land owner, James H. Butcher. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Mr. Butcher, as the owner of certain real property located in the planned right-of-way for Sun Mountain Boulevard, is conveying a parcel of land to the City of Pueblo for the future construction of the roadway and associated public improvements. The parcel will be required to provide continuous transportation network connectivity along the Sun Mountain Boulevard right-of-way between West 24th Street and West 31st Street. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution ALTERNATIVES: If this Resolution does not pass, the City of Pueblo will not accept the deed and ownership of the parcel will not be conveyed to the City of Pueblo. RECOMMENDATION: Approval of this Resolution. ATTACHMENTS: 1. General Warranty Deed - Butcher (221004) 2296340 11/07/2022 02:09:30 PM i'L.: Ri ''LAI1 i 0/4 l cc 51 Page: 1 of 3 R 23.00 D 0.00 1 23.00 Gilbert 0-tiz Clerk/Recorder Pueblo County, Co u/II kirlarniiiiIIFfi<rlifil � 14,1I11if 11.111,1.,11 0%11,4 111111 GENERAL WARRANTY DEED THIS DEED is dated this :" day of o C To 1 fJA , 2022 and is made between James H. Butcher, the "Grantor," whose legal address is 1 Judy's Dream Lane, Pueblo, CO and the City of Pueblo, Colorado, a Colorado municipal corporation,the"Grantee," whose legal address is 1 City Hall Place, Pueblo, Colorado 81003. WITNESS, that the Grantors, for and in consideration of the sum of Ten Dollars 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 Grantee and Grantee's heirs, successors, and assigns forever, all the real property, together with any improvements thereon, located in the County of Pueblo and State of Colorado, described as follows: See Attached Exhibits "A" and "B" TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining,the reversions, 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 Grantee and its successors and assigns forever. Grantor, for itself and its successor and assigns,does covenant,grant,bargain,and agree to and with Grantee and 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 lawful 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. Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of Grantee, its successors and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. IN WITNESS WHEREOF, Grantor has executed this deed on the date set forth above. GRANTOR: '/ �'� By: �000005 :!'.'Butcher , — STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of (1454)/AL, ��� 2022 by James H. Butcher. My commission expires: • ess my h1 //-and an. fficial seal: Ava,d0A ao (oeocz3 ,...10,, oi , i, A 0 R PUBLI� //!, /,, ,, . , fii_,,,. _/... , 4 (Seal) / GERALDINE JACQUELINE ROQUE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20194043857 MY COMMISSION EXPIRES 11/20/2023 Reception 2296340 11/07/2022 02:09:30 PM EXHIBIT "A" An easement located in the N '/z of Section 22, Township 20 South, Range 65 West of the Sixth Principal Meridian, City of Pueblo, County of Pueblo, State of Colorado and more particularly described below: Beginning at the C '/4 corner of Section 22, Township 20 South, Range 65 West of the Sixth Principal Meridian; thence westerly along the center line of Section 22, S 88°35'17" W, a distance of 10.00'; thence N 01°26'48" W, a distance of 19.93'; thence northerly along a tangent curve to the left, having a radius of 950.00', a delta of 08°41'18", and a length of 144.06'; thence N 10°08'06" W, a distance of 78.40'; thence S79°51'54"W a distance of 100.00'; thence N10°08'06"W a distance of 300.00'; thence N79°51'54"E a distance of 100.00'; thence N10°08'06"W, a distance of 81.91'; thence northerly along a tangent curve to the right, having a radius of 1050.00', a delta of 08°39'50", and a length of 158.78', thence N01°28'16"W, a distance of 528.86', more or less, to the southeast corner of Lot 1, Block 4, Park West Business Campus, Filing No. 5, as recorded May 8, 2008, at Reception #1768305 in the office of the Pueblo County Clerk and Recorder; thence N 88°38'31" E, along the subdivision boundary of said Park West Business Campus, Filing No. 5, a distance of 100.00'; thence S 01°28'16"E,a distance of 528.66';thence southerly along a tangent curve to the left,having a radius of 950.00', a delta of 08°39'50", and a length of 143.65'; thence S 10°08'06" E, a distance of 81.91'; thence N 79°51'54" E, a distance of 100.00'; thence S10°08'06"E, a distance of 300.00'; thence S79°51'54"W, a distance of 100.00'; thence S10°08'6"E, a distance of 78.40'; thence southerly along a tangent curve to the right, having a radius of 1050.00', a delta of 08°41'18", and a length of 159.22'; thence S01°26'48"E, a distance of 19.99', more or less, to a point on the said centerline of Section 22; thence S 88°35'17" W, along the said centerline of Section 22, a distance of 90.00', to the said C corner of Section 22 and the point of beginning. Containing a calculated area of 4.39 Acres, more or less. EXHIBIT "B" \ � \0 \ _= \ \ ' No \ � \ ail Z \ -5 LOT 1 1 BLOCK \o \ G el y PARK WEST a m I N°al' BUSINESS CAMPUS C 1 n�o� FILING NO. 5 > 9� omc p N88'38'31"E r�ma�._ 100.00' o o •p � 1 N!3©w_i 4^816 1 Nic •e Ila o N :�� r in0 pli O -r3:1 N o•_ op] ( coc.Inn G C `L m N 01 1 c;ac' - 01 r1 I co N �1 O) Coa 1 1 1 1 R=1050.00 I I R=950.00 A=08'39'50" \I A=08'39'50" L=158.78' I \ I L=143.65' N I1� S\ \-p. ^ LINE TABLE ��',A L3 J 1 \v # BEARING DISTANCE t.� ('` — io L1 N10'08'06"W 78.40' v1 E Z� L2 579'51'54"W 100.00' ,,,':�� o� �o L3 N79'51'54"E 100.00' �`- �� 3� �m L4 N10'08'06"W 81.91' S g� I �o L5 S10'08'06"E 81.91' SCALE 1"=200' � \o L6 N79'51'54"E 100.00' o L7 S79'51'54"W 100.00' o�� � L8 S10'08'06"E 78.40' o I f cr L2 rc-0, R=950.00' 1\ \ R=1050.00' A=08'41'18" A=08'41'18" L=144.06' I 1 L=159.22' Wi CORNERNO1'26'48"W 19.93' —�,,. f' S01'26'48"E 19.99' 1 SECTION 22 �> I 588'35'17"W BASIS 588'35'17"W 90.00' 588'35'17"W 10.00' I P.O.B. BASIS OF BEARINGS :10 Ci CORNER FOOTHILLS SUBDIVISION FOOTHILLS SUBDIVISION o w 1 SECTION 22 RECORDED 09/11/2000 RECORDED 09/11/2000 1 RECEPTION #1349438 RECEPTION #13494381 z10