HomeMy WebLinkAbout11067
City Clerk's Office Item # S7
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: October 27, 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: AN ORDINANCE APPROVING AND ACCEPTING A QUITCLAIM DEED
FROM RUTH LORRAINE GUERIN FOR PROPERTY LEGALLY
DESCRIBED AS LOTS 43-46, BLOCK 15, SUNNYSIDE SUBDIVISION,
COUNTY OF PUEBLO, STATE OF COLORADO
SUMMARY:
This Ordinance codifies City Council's approval and acceptance of a Quitclaim Deed for
land legally described as Lots 43-46, Block 15, Sunnyside Subdivision, County of Pueblo,
State of Colorado.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
The subject property is located within the Sunnyside Subdivision, east of Lake
Minnequa. It is an approximately 1/4-acre residential parcel containing a condemned
residential structure that was damaged by a fire while the previous property owner was
in the hospital. No property insurance policy was in effect on the date of loss. The
property owner passed away in April and conveyed the property to his sister, Ms. Ruth
Lorraine Guerin, just before his death.
Ms. Guerin accepted ownership of the Berkley property on April 14, 2025, so that she
could, in good faith, start the cleanup and abatement process. She hired a contractor to
demolish the remains of the structure and clean up the lot. Unfortunately, the contractor,
Southern Built Fence and Landscape, LLC, was not licensed to do business in the City
and was not licensed with the Pueblo Regional Building Department for the type of work
being performed.
Based on the extent of damage to the structure and the partial (unpermitted) removal of
the burned building materials on site (including the disturbance of suspected asbestos-
containing materials) by the unlicensed contractor, the abatement will require an open-
air abatement which will require approval from CDPHE. At this time, costs for the
remediation are anticipated to be approximately $50,000 - far in excess of the value of
the property, itself.
Because of the ongoing concerns raised by City Council regarding the lengthy timeframe
required to go through the "normal" condemnation and demolition process, and because
there are no private financial resources or insurance proceeds available to abate the
property, Ms. Guerin has offered to convey the property directly to the City. This path
will expedite the abatement work and facilitate return of the property to its highest and
best use as quickly as possible. A separate contract award will be presented to City
Council for the required demolition project.
FINANCIAL IMPLICATIONS:
If approved, there are no direct financial implications to the City associated with
acceptance of the property. The City will be required to undertake the required
remediation work, but it will have ownership of the property and, with Council's approval,
can either sell the land or enter into a development agreement with a builder who can
construct a new home on the property.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to approve this Ordinance will preclude the City from accepting the deed.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. QCD - L43-46 B15 Sunnyside (251003)
ORDINANCE NO. 11067
AN ORDINANCE APPROVING AND ACCEPTING A QUITCLAIM
DEED FROM RUTH LORRAINE GUERIN FOR PROPERTY
LEGALLY DESCRIBED AS LOTS 43-46, BLOCK 15, SUNNYSIDE
SUBDIVISION, COUNTY OF PUEBLO, STATE OF COLORADO
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Quitclaim 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 City Clerk is directed to cause said Deed to be recorded in the office of the Pueblo
County Clerk and Recorder forthwith.
SECTION 3.
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 4.
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 October 14, 2025.
Final adoption of Ordinance by City Council on October 27, 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