Loading...
HomeMy WebLinkAbout6347NO SSG3S1 RECORDED " ' �y PUEBLO COUNTY, COLORAD'. C ' � APR 5 1989 80cH2441 FAGE362 RESOLUTION NO. 6 347 A RESOLUTION AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY AND EASEMENTS LOCATED NEAR THE WEST 18TH STREET BRIDGE FOR THE 18TH STREET BRIDGE REPLACEMENT PROJECT 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 demolition and reconstruction of a bridge at 18th Street and the AT &SF Rail- road Yard, and acquisition of the real property described in Attachment "A" therefor; and the Council does further find and determine that the public health, safety and interest will be served by the construction of the project and acquisition of said property and easements. SECTION 2. The City Manager, or his designated representative, is hereby auth- orized to take such action as may be necessary to acquire from the property owners the real property and easements located in the City of Pueblo, County of Pueblo, and State of Colorado, and described particularly in Attachment "A" hereto, for an aggregate sum not to exceed $156,000.00, to be paid from Account Number 035 -1987- 350 - 000 - 040 -0040. CFrTrnN I If for any reason the City Manager or his designated representative aoom2441 Fw,4363 is unable to acquire said property, then the City Attorney is hereby author- ized 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 March 27 1 1989 By DOUGLAS L. RING Councilman APPROVED: President 'of the Council ATTEST: u� City C__erk7 I, Marian D. Mead, City Clerk of the City of Pueblo, Colorado, do hereby certify that the above is a true and correct copy of Resolution No. 6347, adopted by the Council of Pueblo on March 27, 1989, and that I am entrusted with the safekeeping of the original. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Pueblo, Colorado, this 3rd day of April, 1989. � City Cle r' (S E A�'`'� - 2 - noH244_1. PArF364 ATTACHMENT "A" 1. 1627 West 18th Street The land in the State of Colorado, County of Pueblo, described as: A portion of Lots 24 to 26, Block 14, IRVING PLACE, an addition to the City of Pueblo, State of Colorado, being more particularly described as follows: Beginning at the Southwest corner of said Lot 24; thence Northerly along the 'West line of said Lot 24, a distance of 15 feet; thence Southeasterly across said Lots 24 to 26, a distance of 76.5 feet more or less, to the Southeast corner of said Lot 26; thence Westerly along the South line of said Lots 24 to 26, a distance of 75.0 feet to the point of beginning. ALSO an easement across said Lots 24 to 26 for the purpose of access whenever required, for the construction and maintenance of bridge em- bankment, being more particularly described as follows: Beginning at a point on the West line of said Lot 24, said point being 15.0 feet North of the Southwest corner thereof; thence Northerly along said West line, a distance of 12.0 feet; thence Southeasterly across said Lots 24 to 26, a distance of 78.2 feet more or less to a point on the East line of said Lot 26, said point being 5.0 feet North of the Southeast corner thereof; thence Southerly along said East line to the Southeast corner of said Lot 26; thence Northwesterly across said Lots 24 to 26, a distance of 76.5 feet more or less to the point of beginning. 2. 1628 West 18th Street A portion of Lots 1 to 7, Block 17, IRVING PLACE, an addition to the City of Pueblo, State of Colorado, being more particularly described as fol- lows: Beginning at the Northwest corner of said Lot 1; thence Easterly along the North line of said Lots 1 to 7, a distance of 175.0 feet to the North- east corner of said Lot 7; thence Southerly along the East line of said Lot 7, a distance of 9.0 feet; thence Southwesterly across said Lots 1 to 7, a distance of 175.8 feet more or less, to a point on the West line of said Lot 1, a distance of 26.0 feet South of the Northwest corner thereof; thence Northerly along said West line, to the point of beginning. 3. 1706 W. 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: All of Lots 16 to 20, incl, Block 18, IRVING PLACE, EXCEPT that portion lying Northerly of a line extending from a point in the West line of said Lot 16, a distant 11.73 feet South of the Northwest corner thereof, in a Northeasterly direction a distance of 108 feet, more or less, to a point in the North line of said Lot 20, distant 17.6 feet West of the Northeast corner thereof. gook2441 PvF365 ATTACHMENT "A" Page 2 4. 1708 W. 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: Lots 14 and 15, Block 18, IRVING PLACE, an addition to the City of Pueblo, TOGETHER WITH that portion of the North one -half of the vacated alley adjoining said Lots, as vacated in document recorded January 21, 1952 in Book 1173 at Page 401. 5. 1710 W. 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: Lots 5, 6 and 7, Block 33, IRVING PLACE, SECOND FILING, TOGETHER WITH that portion of the North one -half of the vacated alley, adjoining said Lots, as vacated in document recorded January 21, 1952 in Book 1173 at Page 401. 6. 1709 W. 18th Street All of Lots 34 to 40, Block 13, IRVING PLACE, EXCEPT a portion of said lots fronting on 18th Street described as follows: BEGINNING at the Southwest corner of said Lot 34; thence North along the West line of said Lot 34, a distance of 14 feet to a point; thence in a Southeasterly direction along a straight line to a point on the South line of said Lot 39, which point is 8.55 feet West of the Southeast corner of said Lot 39; thence West along the South line of said Lots a distance of 141.45 feet to the point of beginning. 7. 1825 W. 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: Lots 30 to 37, Block 29, IRVING PLACE, SECOND FILING, EXCEPT that part of Lots 36 and 37 described as follows: BEGINNING at a point in the Southeast corner of said Lot 36; thence North along the East line of said Lot 36, a distance of 8 feet more or less, to a point; thence in a Southwesterly direction to a point in the West line of said Lot 37, which point is 2.7 feet more or less, North of the South- west corner of said Lot 37; thence South along the West line of said Lot 37 a distance of 2.7 feet, more or less, to the Southwest corner of said Lot 37; thence East along the South line of said above Lots 36 to 37, a distance of 50 feet, to the point of beginning, and further EXCEPTING that portion of Lots 30 to 35 described as follows: BEGINNING at the Southeast corner of said Lot 30; thence North along the East line of said Lot 30, a distance of 24 feet more or less, to a point; thence in a Southwesterly direction to a point in the West line of said Lot 35 which point is 8 feet more or less North of the Southwest corner of said Lot 35; thence South along the West line of said Lot 35, a distance of 8 feet, more or less, to the Southwest corner of said Lot 35; thence East along the South line of said above lots a distance of 150 feet to the point of beginning. BOOR 24 41 PAGE 366 ATTACHMENT "A" Page 3 8. 1827 W. 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: All of Lots 38 and 39 and the East 1/2 of Lot 40, Block 29, IRVING PLACE, SECOND FILING; EXCEPTING THEREFROM that portion of Lot 38 conveyed to the City of Pueblo in instrument recorded June 9, 1955, in Book 1270 at Page 199, more particularly described as follows: That part of said Lot 38 lying Southerly of a line extending from a point in the East line of Lot 38, distant 2.7 feet North of the Southeast corner thereof, in a Southwesterly direction a distance of 24.4 feet, more or less, to a point in the South line of Lot 38, distant 24.3 feet West of said Southeast corner. 9. 1830 West 18th Street Covering the land in the State of Colorado, County of Pueblo, described as: Lots 13 to 20, Block 32, IRVING PLACE, SECOND FILING, EXCEPT that part lying Northerly of a line extending from a point in the East line of said Lot 20 distant 22 feet South of the Northeast corner thereof in a North- westerly direction a distance of 211 feet, more or less, to a point in the North line of said Lot 12, distant 10 feet West of the Northeast corner thereof. 10. 1832 W. 18th Street Lots 4 to 12, Block 32, IRVING PLACE, SECOND FILING, EXCEPT an irregular tract of land located in Lot 12, Block 32, IRVING PLACE, SECOND FILING, in the City of Pueblo, according to the recorded plat thereof, more particularly described as follows: Beginning at the Northeast corner of said lot; thence South along the East line of said Lot a distance of one (1) foot, more or less, to a point; thence in a Northwesterly direction to a point in the North line of said lot, which point is ten (10) feet, more or less, measured from the North- east corner of the above said lot; thence East along the North line of said Lot a distance of ten (10) feet, more or less, to point of °beginning. 11. 1833 W. 18th Street West 112 of Lot 40, all of Lots 41 and 42, Block 29, IRVING PLACE, SECOND FILING. 12. 1835 W. 18th Street Lots 43 and 44, Block 29, IRVING PLACE, SECOND FILING 13. 1839 W. 18th Street Lots 45 to 50, Block 29, IRVING PLACE, SECOND FILING 14. 1848 W. 19th Street Lots 1, 2 and 3, Block 32, IRVING PLACE, SECOND FILING 000vo Evj� APPROVED AS TO FORM BY GENERAL COUNSEL ON NOVEMBER 20, 1987 eooEt2 w-F 1 Q© JUN 2 1 5 -34�a4 ;DiL. X989 R e c o r d e d a t o c l o c k M , Reception No. 940 Recorder. 11.1 r77 -7 �+ r QUITCLAIM DEED 't 5� `f SANTA FE PACIFIC REALTY CORPORATION, a Delaware Corporation, successor in interest to SANTA FE LAND IMPROVEMENT COMPANY by Certificate of Merger recorded October 11, 1988 in Book 2416 at Page 47, Pueblo County, Colorado, whose address is 201 Mission Street, San Francisco, California 94105, County of San Francisco and State of California, (hereinafter "Grantor "), for the consideration of TEN AND NO /100 DOLLARS, in hand paid, hereby sells and quitclaims to the CITY OF PUEBLO, a Municipal Corporation, whose address is City Hall, Pueblo, Colorado 81008, County of Pueblo, and State of Colorado, •� +� the following real property in the County of Pueblo, and State of Colorado, legally described in Exhibit "A" attached hereto and hereby made a part hereof (hereinafter "the Property "), with all its appurtenances, SUBJECT TO: 1. Rights or claims of parties in possession not shown by the public records; f' 2. Easements, or claims of easements, not shown by the public records; 3. Discrepancies, conflicts in boundary lines, shortages in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records; 4. Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public recored; 5. Taxes due and payable and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxing district; 6. Any and all unredeemed tax sales, if any. Grantor expressly reserves and excepts all water and water rights, ditches and ditch rights and reservoirs and reservoir rights appurtenant to the Property and all minerals contained in the Property, including, without limiting the generality thereof, oil, gas and other hydrocarbon substances, as well as metallic or other solid minerals, provided that Grantor shall not have the right to go upon or use the surface of the Property, or any part thereof, for the purpose of drilling for, mining, or otherwise removing any of said minerals. Grantor may, however, and hereby reserves the right to remove any of said minerals from the Property by means of wells, shafts, tunnels or other means of access to said minerals which may be constructed, drilled or dug from other land, provided that the exercise of such rights by Grantor shall in no way interfere with or impair the use of the surface of the Property hereby conveyed or of any improvements thereon. 8000 50 F* 717 Grantor represents that it is not a foreign person for purposes of Section 1445 of the Internal Revenue Code and that its proper name, address and taxpayer identifying number (U.S. Employer number) are as set forth in Exhibit "B ", attached hereto and hereby made a part hereof. Signed this ATTEST: Winf 22nd day of May , 19 89 V17- d d Wri ✓ g tit TL i ib - Secretary WO Ce a O o r1tiEXA S > `'Cltl`XF DALLAS > SANTA FE PACIFIC REALTY CORPORATION By 46�m� D. C. Aoore Director of Development The foregoing instrument was acknowledged before me this 22nd day of May 19 89 by D. C. Moore as Director of Development and Winfred Wright as Assistant Secretary of Santa Fe Pacific Realty Corporation, a Delaware corporation. My commission expires January 27, 1993 Witness my hand and official Seal. ;'4`• JUDITH A. KUHN I MY COMMISSION EXPIRES 1202h 4 ' Jenwry 27,1003 Notary Public 6=2450 FWF i 18 EXHIBIT "A" Land in the State of Colorado, County of Pueblo, Described as: ALL OF LOTS 38 AND 39 AND THE EAST ONE -HALF (E /2) OF LOT 40, BLOCK 29, IRVING PLACE SECOND FILING, EXCEPTING THEREFROM THAT PORTION OF LOT 38 CONVEYED TO THE CITY OF PUEBLO IN INSTRUMENT RECORDED JUNE 9, 1955 IN BOOK 1270 AT PAGE 199, MORE PARTICULARLY DESCRIBED AS FOLLOWS: THAT PART OF SAID LOT 38 LYING SOUTHERLY OF A LINE EXTENDING FROM A POINT IN THE EAST LINE OF LOT 38, DISTANT 2.7 FEET NORTH OF SOUTHEAST CORNER THEREOF, IN A SOUTHWESTERLY DIRECTION A DISTANCE OF 24.4 FEET, MORE OR LESS, TO A POINT IN THE SOUTH LINE OF LOT 38, DISTANT 24.3 FEET WEST OF SAID SOUTHEAST CORNER. M2459 Face 719 EXHIBIT "B" NONFOREIGN CERTIFICATE Exemption From Withholding of Tax for Dispositions of U.S. Real Property Interests Section 1445 of the Internal Revenue Code provides that a transferee of a U.S. real property interest must withhold tax if the transferor is a foreign person. To inform the transferee that withholding of tax is not required upon the disposition of a U.S. real property interest by, Santa Fe Pacific Realty Corporation, Transferor, the undersigned hereby certifies the following: 1. Santa Fe Pacific Realty Corporation, Transferor, is not a nonresident alien, foreign corporation, foreign partnership, foreign trust, or foreign estate for purposes of U.S. income taxation. (If the transferor is a foreign corporation that has made a valid election under Section 897 (i) of the Internal Revenue Code to be treated as a domestic corporation, a copy of the acknowledgement of the election provided to the corporation by the Internal Revenue Service, is attached hereto); 2. Santa Fe Pacific Realty Corporation's taxpayer identifying number (Social Security or U.S. employer number) is 94- 2953477; and 3. Santa Fe Pacific Realty Corporation's address is 201 Mission Street, Pacific Gateway Building, San Francisco, CA, 94105. Santa Fe Pacific Realty Corporation understands that this certification may be disclosed to the Internal Revenue Service by the transferee and that any false statement contained herein could be punished by fine, imprisonment, or both. Under penalties of perjury I declare that I have examined this certification and to the best of my knowledge and belief it is true, correct, and complete, and I further declare I have authority to sign this document. D. C. Moore Director of Development May 22, 1989 Date