quitclaim deed
0
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DATE:
September 29, 2017
TO:
Public Works, C.I.P., and Land Use Committee Finance Committee
VIA: Matthew S. O'Reilly, P.E. Asset Development Director FROM:
Edward Vigil, Property Manager
&
ITEM Request for concept approval for the sale of real estate within the Gonzales Road right-of-way containing approximately 1,070 square feet adjoining the westerly boundary of 657 Gonzales Road by Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 (Matthew O'Reilly).
BACKGROUND The subject property is a portion of the Gonzales Road right-of-way acquired by the City of Santa Fe by means of plat dedications. Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 through their attorney have requested to purchase the real estate from the city for parking purposes to benefit their adjoining lot and to resolve an existing encroachment issue of a cement pad onto the city's property.
RECOMMENDATIONS & CONDITIONS The Asset Development Office has confirmed with relevant city departments that the proposed sale of the real estate will not conflict with city infrastructure and that the property is not needed for future city purposes. The Asset Development Office recommends the sale of this real estate with conditions placed on the Quitclaim Deed that will obligate the purchaser to consolidate the subject parcel with the purchaser's adjacent parcel and that will make the area subject to easements for existing utilities. The sale will benefit the purchaser by increasing the size of their parcel to allow for their use of the land for parking and to resolve an existing encroachment issue without the need for a separate agreement with the city for this use. The city will benefit from this proposed sale by generating revenue at the time of sale, by partially relieving the City from liability and maintenance responsibilities for the property, and by the return of the property to the tax rolls.
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Memorandum to Public Works Committee and Finance Committee September 29, 2017 Page2
This request is for conceptual approval of the sale of this portion of city-owned real property. The purchaser will be required,to obtain .a MAI-certified appraisal and a consolidation plat of the real estate. The Asset Development Office estimates the market value of the property to be approximately $10,700. The request will be placed before the Governing Body for final approval pending conceptual approval by the Public Works and Finance Committees and upon subsequent receipt and review of the required appraisal and survey description. REQUESTED ACTION Please approve this request for conceptual approval of the sale of this portion of city-owned real property.
Exhibits:
A - Draft Quitclaim Deed; B - Request by Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 to purchase land from the City of SF; C - Plat of the Walker Subdivision recorded in Plat Book 111, page 18; D - Site Plan showing proposed area of acquisition and adjoining parcel at 657 Gonzales Rd.
BUSINESS UNIT/LINE ITEM: 21117.460150
2
QUITCLAIM DEED The City of Santa Fe, a municipal corporation, hereby grants and quitclaims to Wayne S. Hyatt a married man dealing in his sole and separate property, as to an undivided 80% interest and Margaret J. Vick, Trustee.of the.Margaret J. Vick Revocable Trust ult/a dated June 12, 2007, as to an undivided 20% interest, as tenants in common whose address is Bridgeview at Hayden Ferry Lakeside, 140 East Rio Salado Parkway, #607, Tempe, Arizona 85281, the following described real estate within the City and County of Santa Fe, New Mexico, being more particularly described as follows to-wit: A certain parcel of real estate lying adjacent to the northwesterly boundary of 657 Gonzales Road, lying and being situate within the Santa Fe Grant, Projected Section 19, T. 17 N., R. IO E., N.M.P.M., City and County of Santa Fe, New Mexico, and being more particularly described as follows: A more complete legal description shall be incorporated herein upon receipt of a current comprehensive boundary survey.
Subject to easements of record and for existing utilities with rights for maintenance thereof. Further, by this deed, the real estate is subject to the following conditions: 1. The property shall not be considered a legal lot of record for any purpose, but rather shall be consolidated with the adjoining lands commonly known as 657 Gonzales Road by Grantees. 2. The parcel herein conveyed is subject easements for existing utilities, with rights incident thereto. Witness my hand and seal this _ _ _day of _ _ _ _ _ _ _ _, 2017.
CITY OF SANT A FE BY:-------------JA VIER M. GONZALES, MAYOR ATTEST:
YOLANDA Y. VIGIL CITY CLERK 1
EXHIBIT
I
A 3
APPROVED AS TO FORM:
KELLE~~AN CITY ATTORNEY APPROVED:
ADAM K. JOHNSON FINANCE DIRECTOR 21117.460150 BUSINESS UNIT/LINE ITEM
ACKNOWLEDGEMENT STATE OF NEW MEXICO) ) ss. COUNTY OF SANTA FE ) This instrument was acknowledged before me this _ Gonzales, Mayor, on behalf of the City of Santa Fe.
Commission Expires: _ _ _ _ __ (seal)
day of _ _ _ , 2017 by Javier M.
Notary Public
4
AhernLa,,v PC Janice ['vL .Ahern
I 50 \Vashington Avenue Suite 201 Santa Fe, New t'.kxico 87501 Telephone 505.:>~)5.4421 Email: jma({Dahernla wpc.com www .ahern la wpc.com
I Attorney at Law
JlllH:'
13, 20 I 7
Via email:< msoreilly({\lci.sauta-f'e. nm .us> Matthew O'Reilly, P.E. Director or Asset Development City of Santa Fe P. 0. Box 909 Santa Fe, NM 87504-0909
Re:
Purchase of City's interest in land along Gonzales Road
Dear l'vJ att:
'Thank you for the time you and Ed Vigil spent the other day to discuss the possible sale by the City or Santa Fe of its interest in a portion or land lying along Gonzales Road near the residence commonly known as 657 Gonzales Road and legally described as Tract D-2, as shown on the attached plat recorded in Plat Book G89 at page 2. The owners, Wayne S. Hyatt and Margaret J. Vick, husband and wife, are interested in purchasing all 01· a portion of' the remaining area "Tract D" as shown on the au ached sketch.
or
I understand that you will make .mme inquiries or olher departments in the City and let me know if'such a transaction will be considered by the Citv. Again, thank you for your assistance.
\Vayne S. Hyatt and l\largaretJ. Vick, via email
EXHIBIT
5
VIGIL, EDWARD J. Sent:
Janice M Ahern <[email protected]> Thursday, July 13, 2017 6:51 PM
To:
VIGIL, EDWARD J.
Subject:
RE: Hyatt and Vick docs - 657 Gonzales Rd.
From:
Ed. apologies for the delayed response. The clients would like to take title as: Wayne S. Hyatt. a married man dealing in his sole and separate propetty, an undivided 80%i interest and l\fargarct J. Vick, Trustee of the Margaret J. Vick Revocable Trust ult/a dated June 12. 2007. an undivided 20% interest, as tenants-in-common. whose address is Bridgeview at Hayden Ferry Lakeside. 140 East Rio Salado Parkway, f/607, Tempe, Arizona 85281 Thanks much,
J1VIA AhernLaw PC I Janice l'vL Ahern l 50 Washington Avenue I Suite 20 I i Santa Fe. New Mexico 8750 I Telephone 505.3 1)5.4421 I Facsimile 505.395.450 l Ijmaif/lahcmlawpc.com I www.ahernlawpc.com As a reminder to clients, you should not forward this email message. Doing so may cause you lo waive the attorney-client privilege. This electronic message, along with any attachments. is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply email and then delete this message from your system. Please do not copy it or use it ror any purposes. or disclose its rnntents to any other person. Thank you for your cooperation. From: VIGIL, EDWARD J, [mailto:e[[email protected]] Sent: Tuesday, July 11, 2017 3:29 PM To: Janice M. Ahern ([email protected]) <jJ"[email protected]> Subject: Hyatt doc's
Hi Jan, attached are the documents we discussed regarding 657 Gonzales Rd.
6
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EXHIBIT D
8
Il®@
DATE:
September 29, 2017
TO:
Public Works, C.I.P., and Land Use Committee Finance Committee
VIA: Matthew S. O'Reilly, P.E. Asset Development Director FROM:
Edward Vigil, Property Manager
&
ITEM Request for concept approval for the sale of real estate within the Gonzales Road right-of-way containing approximately 1,070 square feet adjoining the westerly boundary of 657 Gonzales Road by Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 (Matthew O'Reilly).
BACKGROUND The subject property is a portion of the Gonzales Road right-of-way acquired by the City of Santa Fe by means of plat dedications. Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 through their attorney have requested to purchase the real estate from the city for parking purposes to benefit their adjoining lot and to resolve an existing encroachment issue of a cement pad onto the city's property.
RECOMMENDATIONS & CONDITIONS The Asset Development Office has confirmed with relevant city departments that the proposed sale of the real estate will not conflict with city infrastructure and that the property is not needed for future city purposes. The Asset Development Office recommends the sale of this real estate with conditions placed on the Quitclaim Deed that will obligate the purchaser to consolidate the subject parcel with the purchaser's adjacent parcel and that will make the area subject to easements for existing utilities. The sale will benefit the purchaser by increasing the size of their parcel to allow for their use of the land for parking and to resolve an existing encroachment issue without the need for a separate agreement with the city for this use. The city will benefit from this proposed sale by generating revenue at the time of sale, by partially relieving the City from liability and maintenance responsibilities for the property, and by the return of the property to the tax rolls.
SSOfH .PMS
76l$
1
Memorandum to Public Works Committee and Finance Committee September 29, 2017 Page2
This request is for conceptual approval of the sale of this portion of city-owned real property. The purchaser will be required,to obtain .a MAI-certified appraisal and a consolidation plat of the real estate. The Asset Development Office estimates the market value of the property to be approximately $10,700. The request will be placed before the Governing Body for final approval pending conceptual approval by the Public Works and Finance Committees and upon subsequent receipt and review of the required appraisal and survey description. REQUESTED ACTION Please approve this request for conceptual approval of the sale of this portion of city-owned real property.
Exhibits:
A - Draft Quitclaim Deed; B - Request by Wayne S. Hyatt, an individual, and Margaret J Vick, Trustee of the Margaret J. Vick Revocable Trust u/t/a dated June 12, 2007 to purchase land from the City of SF; C - Plat of the Walker Subdivision recorded in Plat Book 111, page 18; D - Site Plan showing proposed area of acquisition and adjoining parcel at 657 Gonzales Rd.
BUSINESS UNIT/LINE ITEM: 21117.460150
2
QUITCLAIM DEED The City of Santa Fe, a municipal corporation, hereby grants and quitclaims to Wayne S. Hyatt a married man dealing in his sole and separate property, as to an undivided 80% interest and Margaret J. Vick, Trustee.of the.Margaret J. Vick Revocable Trust ult/a dated June 12, 2007, as to an undivided 20% interest, as tenants in common whose address is Bridgeview at Hayden Ferry Lakeside, 140 East Rio Salado Parkway, #607, Tempe, Arizona 85281, the following described real estate within the City and County of Santa Fe, New Mexico, being more particularly described as follows to-wit: A certain parcel of real estate lying adjacent to the northwesterly boundary of 657 Gonzales Road, lying and being situate within the Santa Fe Grant, Projected Section 19, T. 17 N., R. IO E., N.M.P.M., City and County of Santa Fe, New Mexico, and being more particularly described as follows: A more complete legal description shall be incorporated herein upon receipt of a current comprehensive boundary survey.
Subject to easements of record and for existing utilities with rights for maintenance thereof. Further, by this deed, the real estate is subject to the following conditions: 1. The property shall not be considered a legal lot of record for any purpose, but rather shall be consolidated with the adjoining lands commonly known as 657 Gonzales Road by Grantees. 2. The parcel herein conveyed is subject easements for existing utilities, with rights incident thereto. Witness my hand and seal this _ _ _day of _ _ _ _ _ _ _ _, 2017.
CITY OF SANT A FE BY:-------------JA VIER M. GONZALES, MAYOR ATTEST:
YOLANDA Y. VIGIL CITY CLERK 1
EXHIBIT
I
A 3
APPROVED AS TO FORM:
KELLE~~AN CITY ATTORNEY APPROVED:
ADAM K. JOHNSON FINANCE DIRECTOR 21117.460150 BUSINESS UNIT/LINE ITEM
ACKNOWLEDGEMENT STATE OF NEW MEXICO) ) ss. COUNTY OF SANTA FE ) This instrument was acknowledged before me this _ Gonzales, Mayor, on behalf of the City of Santa Fe.
Commission Expires: _ _ _ _ __ (seal)
day of _ _ _ , 2017 by Javier M.
Notary Public
4
AhernLa,,v PC Janice ['vL .Ahern
I 50 \Vashington Avenue Suite 201 Santa Fe, New t'.kxico 87501 Telephone 505.:>~)5.4421 Email: jma({Dahernla wpc.com www .ahern la wpc.com
I Attorney at Law
JlllH:'
13, 20 I 7
Via email:< msoreilly({\lci.sauta-f'e. nm .us> Matthew O'Reilly, P.E. Director or Asset Development City of Santa Fe P. 0. Box 909 Santa Fe, NM 87504-0909
Re:
Purchase of City's interest in land along Gonzales Road
Dear l'vJ att:
'Thank you for the time you and Ed Vigil spent the other day to discuss the possible sale by the City or Santa Fe of its interest in a portion or land lying along Gonzales Road near the residence commonly known as 657 Gonzales Road and legally described as Tract D-2, as shown on the attached plat recorded in Plat Book G89 at page 2. The owners, Wayne S. Hyatt and Margaret J. Vick, husband and wife, are interested in purchasing all 01· a portion of' the remaining area "Tract D" as shown on the au ached sketch.
or
I understand that you will make .mme inquiries or olher departments in the City and let me know if'such a transaction will be considered by the Citv. Again, thank you for your assistance.
\Vayne S. Hyatt and l\largaretJ. Vick, via email
EXHIBIT
5
VIGIL, EDWARD J. Sent:
Janice M Ahern <[email protected]> Thursday, July 13, 2017 6:51 PM
To:
VIGIL, EDWARD J.
Subject:
RE: Hyatt and Vick docs - 657 Gonzales Rd.
From:
Ed. apologies for the delayed response. The clients would like to take title as: Wayne S. Hyatt. a married man dealing in his sole and separate propetty, an undivided 80%i interest and l\fargarct J. Vick, Trustee of the Margaret J. Vick Revocable Trust ult/a dated June 12. 2007. an undivided 20% interest, as tenants-in-common. whose address is Bridgeview at Hayden Ferry Lakeside. 140 East Rio Salado Parkway, f/607, Tempe, Arizona 85281 Thanks much,
J1VIA AhernLaw PC I Janice l'vL Ahern l 50 Washington Avenue I Suite 20 I i Santa Fe. New Mexico 8750 I Telephone 505.3 1)5.4421 I Facsimile 505.395.450 l Ijmaif/lahcmlawpc.com I www.ahernlawpc.com As a reminder to clients, you should not forward this email message. Doing so may cause you lo waive the attorney-client privilege. This electronic message, along with any attachments. is considered confidential and may well be legally privileged. If you have received it in error, you are on notice of its status. Please notify us immediately by reply email and then delete this message from your system. Please do not copy it or use it ror any purposes. or disclose its rnntents to any other person. Thank you for your cooperation. From: VIGIL, EDWARD J, [mailto:e[[email protected]] Sent: Tuesday, July 11, 2017 3:29 PM To: Janice M. Ahern ([email protected]) <jJ"[email protected]> Subject: Hyatt doc's
Hi Jan, attached are the documents we discussed regarding 657 Gonzales Rd.
6
YICIH1TY MAP ltOTTQICII.I:
1 @
1) I
N I
'lo!~,~":__
N ·I
,,.,It. .~-
, ...... ,.
~
I
,:;_,.,·
t ' ....._ '•,0....._
I
I
.~'"!"', "\, ~.u ·... ·----wl, . .,_,, ,, ,12 I Aff(ST !T ,l)f~T MIIC:
I
Smith & Wtmomson Svrveying SeMce ,i,0111"1 ........ , ........ , ..
--,1'10,
t ... lfllO
UIG/81
- . ..-
I
lcfl
_
=i
7
EXHIBIT D
8
