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HomeMy WebLinkAbout6137' r 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 r " r 12/22/87 DLM 1