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HomeMy WebLinkAbout10931ORDINANCE NO. 10931 THIS ORDINANCE APPROVES AND ACCEPTS A WARRANTY DEED FROM NEIGHBORHOOD SERVICES, INC. FOR PROPERTY LOCATED ADJACENT TO THE CHINOOK LANE RIGHT-OF-WAY NEAR 1080 CHINOOK LANE, PUEBLO, COLORADO BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The 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 officers of the City are authorized to perform any and all acts consistent with this Ordinance to implement the policies and procedures described herein. SECTION 3. This Ordinance shall become effective upon the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on April 14, 2025. Final adoption of Ordinance by City Council on April 28, 2025. ____________________________ President of City Council Action by the Mayor: Approved on _______________. Disapproved on ______________ based on the following objections: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ____________________________ Mayor Action by City Council After Disapproval by the Mayor: Council did not act to override the Mayor's veto. Ordinance re-adopted on a vote of ____________, on _____________ ____________________________ President of City Council ATTEST ________________________________ City Clerk City Clerk's Office Item # R4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: April 28, 2025 TO: President Mark Aliff and Members of City Council CC: Mayor Heather Graham VIA: Marisa Stoller, City Clerk FROM: Andrew Hayes, Public Works Director SUBJECT: THIS ORDINANCE APPROVES AND ACCEPTS A WARRANTY DEED FROM NEIGHBORHOOD SERVICES, INC. FOR PROPERTY LOCATED ADJACENT TO THE CHINOOK LANE RIGHT-OF-WAY NEAR 1080 CHINOOK LANE, PUEBLO, COLORADO SUMMARY: This Ordinance approves and accepts a Warranty Deed for property being conveyed to the City adjacent to the Chinook Lane right-of-way near 1080 Chinook Lane, Pueblo, Colorado. PREVIOUS COUNCIL ACTION: None. BACKGROUND: As part of the US-50B interchange project, the City and CDOT agreed to exchange several land parcels to facilitate construction of the new bridges. CDOT also, on behalf of the City, acquired a small parcel from Neighborhood Services, Inc., located at 1080 Chinook Lane, for the purpose of re-aligning the right-of-way of Chinook Lane for public improvements that will be installed on Chinook Lane as part of the CDOT project. The attached deed conveys the parcel designated as "RW-215" from Neighborhood Services, Inc. to the City. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Failure to approve this Ordinance will mean that the Warranty Deed has not been accepted and will negatively impact and impede the Project. RECOMMENDATION: Approval of the Ordinance. ATTACHMENTS: 1. 2338083 Official Records of Pueblo County Clerk & Recorder 2338083 03/26/2024 02:28:26 PM Page 1 of 2 Warranty Deed R: $18.00 D: $5.29 Candace Rivera Pursuant to 39-13-104-(1)(A) State of Colorado is exempt from documentary fee. WARRANTY DEED THIS DEED is dated Febtit& q 29 26A and is made between NEIGHBORHOOD SERVICES, INC., A COLORADO CORPORATION, the "Grantor", and CITY OF PUEBLO, A MUNICIPAL CORPORATION, the "Grantee," whose legal address is 1 CITY HALL PLACE, PUEBLO, COLORADO 91003 of the City and County of Pueblo and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Eight Thousand Eight Hundred Twenty and 00/100 Dollars ($8,820.00), the receipt and sufficiency of which is hereby acknowledged, hereby grants, bargains, sells, conveys and confirms unto the Grantee and the Grantee's heirs 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 Exhibit "A" dated April 13, 2023, for. Project Number: BR 025A-049 Parcel Number: RW-215 Project Code: 23535 TOGETHER with all and singular the bereditaments 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 the Grantee and the Grantee's heirs and assigns forever. The Grantor, for the Grantor and the Grantor's heirs and assigns, does covenant, grant, bargain, and agree to and with the Grantee, and the Grantee's heirs and assigns: that at the time of the ensealing and delivery of these presents, the Grantor is well seized of the premises above described; has good, sure, perfect, absolute and indefeasible estate of inheritance, in law and in fee simple; and has good right, full power Bud 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, except and subject to: ® none; or ❑ the following matters: And the Grantor shall and will WARRANT THE TITLE AND DEFEND the above described premises, but no t any adjoining vacated street or alley, if any, in the quiet and peaceable possession of the Grantee and the heirs. and assigns of the Grantee, against all and every person or persons claiming the whole or.any part thereof. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. SELLERS: Neighborhood Services, Inc., a Colorado corporation By: Richard Rivera, President STATE OF COLORADO ) COUNTY OF PUEBLO ) Q` The foregoing instrument was acknowledged before me this Q day of rf Anj & — 20-A byRicbardRivera as President of Neighborhood Services, Inc., a Colorado corporation. 1 Witness my hand and official seal. a l a( My commission expires; )Y4 BREN=CLENNIN NotaryPublic NOSTATENOTAR90MY COMMISSI21, 2026 Name and Address ofPerson Creating Newly Created Legal Description (§38-35-1065, C.RS) Gregory Alan Jones, PLS 38243 No. 932A. Rev.10-09. WARRANrY DEED (Page 1 of 1) 2338083 Page 2 of 2 03/26/2024 02:28:26 PM EXRIBFT "A" PROJECT NUMBER: BR 025A-049 UNIT 2 PARCEL NUMBER: RW-215 Project Code: 23535 Date: April 13, 2023 A tract or parcel of land, No. RW-215 of the Department of Transportation, State of Colorado, Project No. BR 025A-049 Unit 2, containing 2,940 square feet, (0.067 acres) more or less, being a portion the property described in the Office of the Pueblo County Clerk and Recorder at Reception No. 1877645, situated in the SW l/4 of Section 19, Township 20 South, Range 64 West, of the 61h Principal Meridian, in Pueblo County, Colorado, said tract or parcel of land being more particularly described as follows: Commencing at a point from which the S1/4 corner of said Section 19, (a 3 1/4" Aluminum Cap stamped "19/30"), bears S86"36' 15"E, a distance of 609.26 feet, said point being the TRUE POINT OF BEGINNING: 1. Thence S62°40'42"W, a distance of 9.82 feet; 2. Thence S00°23'55"W, a distance of 29.48 feet, to a point on the easterly right-of-way line of Chinook Lane; 3. Thence along said easterly right-of-way line, on the are of a non -tangent curve to the right, a distance of 242.52 feet, said curve has a radius of 310.00 feet, a central angle of 44°49'24" and a long chord bearing N33°14'54"W, a distance of 236.38 feet; 4. Thence on the arc of a non -tangent curve to the left, a distance of 222.65 feet, said curve has a radius of 235.50 feet, a central angle of 54°10'07" and a long chord bearing S40°14'19"E, a distance of 214.45 feet, more or less, to the TRUE POINT OF BEGINNING. The above described tract or parcel of land contains 2,940 square feet, (0.067 acres) more or less. The purpose of the above described tract or parcel of land is highway construction. Basis of Bearings: Bearings are based on a bearing of S46120' 12"E, from the W IA corner of Section 19, Township 20 South Range 64 West, of the 6`h Principal Meridian (a 2" Aluminum Cap stamped "2011 - PLS37928"), to the S 1/4 Corner of said Section 19, (a 3 114" Aluminum Cap stamped 1,19/30"). Prepared for and on behalf of the Colorado Department of Transportation Lorelei A. Ward PLS #34982 Farnsworth Group, Inc. 5775 Mark Dabling Road, Suite 190 Colorado Springs, CO 80919 �Ppp REGJST t,Q)�O4�I A 34982 ; o oT : 0613012023 : r�NA C LAND � I of 1