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RESOLUTION NO. 6137
A RESOLUTION AUTHORIZING THE ACQUISITION OF
CERTAIN REAL PROPERTY LOCATED WITHIN OR NEAR
THE FLOODWAY OF THE FOUNTAIN CREEK FROM THE
DENVER AND RIO GRANDE WESTERN RAILROAD
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that:
SECTION 1
The City Council of Pueblo, Colorado hereby finds and
determines that the public health, welfare, use, convenience and
necessity require the acquisition for flood control and related
public projects of the real property described in Attachment "A"
hereto located within or near the floodway of the Fountain Creek;
and the Council does further find and determine that the public
interest will be served by the acquisition of said property.
SECTION 2
The City Manager or his designated representative is hereby
authorized to take such action as may be necessary to acquire from
the Denver and Rio Grande Western Railroad, as owner, the real
property located in the City of Pueblo, County of Pueblo and State
of Colorado and described particularly in Attachment "A" hereto
for a sum not to exceed $15,000.00.
OVOMTnM Z
If for any reason the City Manager or his designated
representative is unable to acquire said property, then the City
Attorney is hereby authorized and instructed to institute such
proceedings as may be necessary to acquire the property through
condemnation by the exercise of the power of eminent domain.
INTRODUCED: January 11 . 1988
By MIKE SALARDINO
Councilman
ATTEST: APPROVED:
i y 6 r P esi ent of the City Council
TF 21.9 -2-
L1 that portion of that tract of land lying in the SW 1/4
_f the SW 1/4 of Section 30.Township 20 South, Range 64
West, 6th P.M., within Pueblo, Pueblo County, Colorado,
being that tract of land acquired by the Grantor by Warranty
Deed from the Pueblo Investment Company, dated February 27,
1889, and being recorded in the Pueblo County Records in
Book 86 Page 16, excepting therefrom that portion sold to
Ladd Lumber and Mercantile Company by Quitclaim Deed dated
September 18, 1962, and being more additionally described as
follows:
Commencing at the Southeast Corner of Block 1, Fontaine
Addition to the City of Pueblo, thence West along the North
line of Seventh Street to a point 150 feet West from the
center of the right of way of the Grantor, as measured at
right angles thereto, as shown on the plat of said Fontaine
Addition filed for record in the office of the County Clerk
and Recorder of said Pueblo County; thence North parallel
with the West line of the right of way of said Grantor to a
point on the South line of Eight Street 150 feet West from
the center line of the right of way of the Grantor, as
measured at right angles thereto, said point also being
106.12 feet East from the Northwest corner of said Block 1
and being the Southwest corner of said tract sold to Ladd
Lumber and Mercantile Company; thence East along the North
line of said Block 1 and along the South line of said Ladd
Lumber and Mercantile Company Tract 62.92 feet; thence North
parallel to the West line of Block 2, said Fontaine Addition
and along the Easterly line of said Ladd Lumber and Mercantile
Company Tract 200 feet to a point in the South line of the
alley in said Block 2; thence Northwesterly 20 feet
Southwesterly at right angles from and parallel with the
centerline of the Grantor's yard lead track known in said
Grantor's records as I.C.C. Track No. 14 -Rv. (Track Removed),
and along the Easterly line of said Ladd Lumber and Mercantile
Company Tract 139.18 feet to a point in the North line of
said Block 2 and being the Northeasterly corner of said Ladd
Lumber and Mercantile Company Tract; thence East along the
North line of said block 2 to the West line of the right of
way of the Grantor.; thence South along the West line of the
right of way of the Grantor to the East line of the SW 1/4
of the SW 1/4 of said Section 30; thence South along said
East line SW 1/4 of the SW 1/4 to the point of beginning.
ATTACHMENT A ..
85548$ % .,:�..c /`t �cc�UN'Ce��i FAU?Uj
NO. RECORDED
PUEBLO COUNTY. COLORADO
QUITCLAIM DEED
.-
2`Z
THIS DEED, Made this Sir/ day of 19498 between
THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a corporation of the State of
Delaware, hereinafter "Grantor ", and THE CITY OF PUEBLO, whose legal address is
211 East "D" Street, Pueblo, Colorado 81003, hereinafter "Grantee ".
WITNESSETH, That the Grantor, for and in consideration of the sum of
FIFTEEN THOUSAND AND N01100 DOLLARS ($15,000.00) and other valuable
considerations, to the Grantor in hand paid by the Grantee, the receipt whereof is
hereby confessed and acknowledged, has remised, released, sold, conveyed and
QUITCLAIMED, and by these presents does remise, release, sell, convey and
QUITCLAIM unto the Grantee, its successors and assigns forever, all the right,
title, interest, claim and demand which the Grantor has in and to the following
described property situate within the County of Pueblo, State of Colorado, to wit:
Description:
All that portion of that tract of land lying in the SW. of
the SW: of Section 30, Township 20 South, Range 64 West,
6th P.M., within Pueblo, Pueblo County, Colorado, being a
portion of that tract of land acquired by the Grantor by
Warranty Deed from the Pueblo Investment Company, dated
February 27, 1889, and being recorded in the Pueblo County
Records in Book 86 Page 16, excepting therefrom that
portion sold to Ladd Lumber and Mercantile Company by
quitclaim Deed dated Septembcr 18, 1962, and any portion
lying within 35 feet of the Grantor's existing main track
N � centerline and being more additionally described as
o follows:
Beginning at intersection of the South line of Block 1,
Fontaine Addition to the City of Pueblo and a point lying
35 feet westerly of as measured perpendicularly to the
existing centerline of the main track of the Grantor;
thence West along the North line of Seventh Street to a
K point 150 feet West from the center of the right of way of
the Grantor, as measured at right angles thereto, as shown
on the plat of said Fontaine Addition filed for record in
the office of the Countv Clerk and Recorder of said Pueblo
County; thence North parallel with the West line of the
right of way of said Grantor to a point on the South line
of Eighth Street 150 feet West from the centerline of the
right of way of the Grantor, as measured at right angles
thereto, said point also being 106.12 feet East from the
Northwest corner of said Block 1 and being the Southwest
corner of said tract sold to Ladd Lumber and Mercantile
Company; thence East along the North line of said Block 1
and alcng the South line of said Ladd Lumber and
Mercantile Company Tract 62.92 feet; thence North parallel
to the West line of Block 2, said Fontaine Addition and
along the Easterly line of said Ladd Lumber and Mercantile
Company Tract 200 feet to a point in the Scuth lane of the
alley in said Block 2; thence Northweste_!y 20 feet
Southwesterly at right angles from and parallel with the
centerline of the Grantor's yard lead track known in said
Grantor's records as I.C.C. Track No. 14- Rv.(track
Room 2388 FArr 2C2
removed), and along the Easterly line of said Ladd Lumber
and Mercantile Company Tract 139.18 feet to a point in the
North line of said Block 2 and being the Northeasterly
corner of said Ladd Lumber and Mercantile Company Tract;
thence East along the North line of said Block 2 to a
point lying 35 feet westerly of as measured
perpendicularly to the existing centerline of the main
track of the Grantor; thence southerly parallel with and
35 feet westerly of as measured perpendicularly to the
existing centerline of the main track of the Grantor to
the point of beginning.
Reserving unto the Grantor, its successors and assigns, an easement
for the operation, maintenance and reconstruction of an existing
communication pole line located thereon.
TO HAVE AND TO HOLD the described premises, together with all and
singular the appurtenances and privileges thereunto belonqing, or in any wise
thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever, of the Grantor, either in law or equity, to the only proper use,
benefit and behoof of the Grantee, its successors and assigns forever.
IN WITNESS WHEREOF, The Denver and Rio Grande Western Railroad Company
has caused its corporate name to be hereunto subscribed and its corporate seal to
be hereunto affixed by its officers thereunto duly authorized, the day and year
first above written.
ATTE� THE DENVER AND RIO GRANDE
WESTERN RAILROAD COMPANY
Asst. ant Secretary
ST'A ,OF, COLORADO )
ss
CITY AND COUNTY OF DENVER )
By
President
The foregoing instrument was acknowledged before me this Ste' day of
,o�BRu.aQ,y , 19 As , by W. J. HOLTMAN, as President, and B. R. SEATON, as
Assistant Secretary, of THE DENVER AND RIO GRANDE WESTERN RAILROAD COMPANY, a
Delaware corporation.
My notarial commission expires i� / / ®�i /0'
WITNESS my hand and official seal
Notary Public
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12/22/87 DLM 1