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HomeMy WebLinkAbout07715ORDINANCE NO. 7715 AN ORDINANCE ACCEPTING A SPECIAL WARRANTY DEED FROM THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND DEDICATING THE REAL PROPERTY DESCRIBED THEREIN AS PART OF MIDTOWN CIRCLE DRIVE A PUBLIC STREET BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1 The Special Warranty Deed from the Board of Water Works of Pueblo, Colorado to Pueblo, a Municipal Corporation, 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 real property located in Pueblo County, Colorado described in the Special Warranty Deed as: Lots Twenty -four (24) and Twenty -five (25) in Block One (1) of Thatcher & Gast's Subdivision of a portion of the Northeast Quarter of the Northwest Quarter (NE 1/4 of NW 1/4) of Section Thirty -six (36), Township Twenty (20) South of Range Sixty -five (65) West, now part of the City of Pueblo, according to the recorded plat of said Subdivision. And Lots Eight (8) and Nine (9) in Block One (1) in Thatcher and Gast's Subdivision of a portion of the Northeast Quarter of the Northwest Quarter of Section Thirty -six in Township Twenty South of Range Sixty -five West, now part of the City of Pueblo, according to the recorded plat thereof. is hereby dedicated to the public as a public street and as a portion of Midtown Circle Drive. SECTION 3. The City Clerk is directed to record the Special Warranty Deed and this Ordinance in the records of the Pueblo County Clerk and Recorder. SECTION 4. This Ordinance shall become effective upon final passage and approval INTRODUCED December 31, 2007 BY Randy Thurston C APPROVED. PRESIDENT OF THE CITY COUNCIL ATTESTED BY: ITY CLERK PASSED AND APPROVED: January 14, 2008 (�A. 1 1 - 115 D �I r �J ID Background Paper for Proposed ORDINANCE AGENDA ITEM # 4q 35 DATE: December 31, 2007 DEPARTMENT: Law Department TITLE AN ORDINANCE ACCEPTING A SPECIAL WARRANTY DEED FROM THE BOARD OF WATER WORKS OF PUEBLO, COLORADO AND DEDICATING THE REAL PROPERTY DESCRIBED THEREIN AS PART OF MIDTOWN CIRCLE DRIVE A PUBLIC STREET ISSUE Should City accept conveyance of real property from the Board of Water Works and dedicate the real property as a public street? RECOMMENDATION Accept the deed and dedicate the real property as a public street. BACKGROUND At the time Midtown Circle Drive was dedicated as a public street in 1963, the Board of Water Works of Pueblo, Colorado owned a portion of Midtown Circle Drive. That portion may not have been properly dedicated. The Special Warranty Deed and dedication by this Ordinance will correct any deficiency in the prior dedication. FINANCIAL IMPACT None Reception 1763994 04/02/2008 SPECIAL WARRANTY DEED THIS DEED is dared September IS- 90n7 , and is made behveen the Board of Woler Works of Pucblo. Colorado, existing under and by virtue of the laws of the Slate of Colorado, the Charter of the City of Pueblo, the Grantor, and Pueblo, a Municipal Corporuion organized and existing as a home rule city under Article XX of the Constitution of the State of Colorado, Grantee, whose legal address is I City 1 ball Place. Pueblo, Colorado S 1003, Coolly of Pueblo and State of Colorado. "I he Grantor, the Board of Water Works of Pueblo, Colorado is the successor in interest to the Trustees of the Pueblo Board of Water Works. WITNESS, that the Grantor, for and in consideration of the sum of TFN DOLLARS, ($10.00), Ole receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's assigns forever, all the real property, together with any improvements thereon, located in the County of Pueblo and State of Colorado, described as follows: Lots I wmity -four (24) and I tecjny -f ve (25) in Block One (1) of Thatcher 8: GasL's Subdivision of a portion of the North -cast Quarter of the Noithwesl Quarter (NE '/. of NW '/4) of Section Thirty -six (36), Township Twenty (20) South of Range Sixty -five (65) West, now part of the City of Pucblo, according to the recorded plat of said Subdivsion. And Lots Eight (8) and Nine (9) in Block One (1) ill 'I hatcher and Gast's Subdivision of a portion of the Northeast Quarter of the Northwest Quarter of Section Thirty -six in Township Twenty South of Range Sixty-five West, now part of the City of Pueblo, according to the recorded plat thereof. TOGI3TIIER with all and singular the hereditaments and appurtenances thereunto belonging, or in any%vise appertaining, the reversions, remainders, rents, issues and prorits thereof, and all the estate, right, title, interest, claim and demand trhatsocver of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditmnents and appurtenances. TO IIAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's heirs and assigns forever. The Grantor, for itself and its successors and assigns, does covenant and agree that the Grantor shall and will WARRANT AND FOREVER DEFEND the above described premises, in the quiet and peaceable possession of the Grantee and the assigns of the Grantee, against all and every person or persons claiming the whole or any part thereof, by, through or under the Gramor except and subject to: none. IN WITNESS WIIEREOF, the Grantor has caused its name to be hereunto subscribed by its president, and its seal to be affixed, attested by its secretary, on the date set forth above. A-UES i t Secretar GRANTOR: President By: Name: Nic Gradisar I Is: President STATE OF COLORADO ) Pceblo ) .ss. County of Pucblo ) 7 "he foregoing instrument was acknoNvic red before me this 18t}tay of September , 2007, by Nicholas Gradisar as the Presi ent ,andby James Gardner 7 as the Secretary — Treat of the Grantor, on behalf of dtc Board of R'atcr Works of Pucblo, Colorado. Witness my hand and official seal. My commission expires: 9/13/09 1 ..._ ._1 - 1­,.-.-,4.11........- It LESLIE MARTINEZ Public NOTARY PUBLIC k STATE OF COLORADO My Commission Expire