HomeMy WebLinkAbout7895RESOLUTION NO. 7895
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE
ACQUISITION OF THE REAL PROPERTY LOCATED AT 219 WEST THIRD
STREET
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO THAT:
SECTION 1
The City Manager is hereby authorized to negotiate for
the acquisition of the real property located at 219 West Third
Street.
SECTION 2
Funds for said acquisition shall not exceed $105,000.
SECTION 3
Funds for said acquisition shall be disbursed from the 38
Fund -1/2 Cent Sales Tax, Account Number 38- 1996 - 100 -0 -40 -8925.
INTRODUCED June 10,
ATTEST:
BY: J o h n Ve rna
Councilperson
1996
APPROVED:
Pres i AnE of the Council
City erk
LEASE TERMINATION
This Lease Termination entered into the 1st day of July, 1996 between Louie D. Carleo
dba L.D.C. Properties (the "Landlord "), Eileen I. Carleo formerly Eileen J. Welch (the
"Tenant "), and Pueblo, a Municipal Corporation (the "City "), Witnesseth
Whereas, Tenant entered into the attached Business Lease dated September 1, 1992
between Tenant as Lessee and Phil Felice as Lessor (the "Business Lease ") for the real property
described therein and commonly known as 219 West 3rd Street, Pueblo, Colorado (the "Leased
Premises ") and
Whereas, the Landlord as the owner of the Leased Premises is the successor in interest to
Phil Felice as Lessor in and to that Business Lease, and
Whereas, the City intends to purchase the Leased Premises from Landlord, and
Whereas, the parties desire that the Business Lease terminate effective July 1, 1996,
Now therefore, in consideration of the sum of $5,000.00 paid to Tenant, the receipt and
sufficiency of which is hereby acknowledged by Tenant, and the mutual covenants contained
herein, Tenant, Landlord and City agree as follows:
1. The Business Lease is terminated effective July 1, 1996 and the parties hereto are
released and discharged from all obligations thereunder except Tenant shall remain responsible
for and pay all charges for utilities serving the Leased Premises to and including July 1, 1996.
2. Landlord and Tenant represent and warrant that the Leased Premises are not
occupied by or in possession of any person or entity other than Tenant.
Tenant shall vacate and deliver possession of the Leased Premises to City on July
1, 1996.
4. In the event of any litigation arising under this Lease Termination, the court shall
award to the prevailing party its costs and expenses, including reasonable attorney fees.
5. Time is of the essence hereof. This Lease Termination shall be binding upon and
inure to the benefit of the parties hereto and their representative heirs, personal representatives,
successors and assigns.
Executed in Pueblo, Colorado on the day and year first above written.
PUEBLO, A Municipal Corporation 1- I
By — ouie D. Carleo dba L.D.C. Properties �p C
City Attor ey �Y�aper �le�
Eileen J. Carleo fo merly
Eileen J. Welch
No. 982 BUSINESS LEASH. r.df.,d Publl.hing Co., IMACI Stout Btroct, Ucovcr, Col,. . 142
CcadJ
THIS THIS INDENTURE, Made tLls ... .... Sc ) Cr
: . ....................tiny oL. ....... - ....... !._......................
PIIII, FELICE..
.................... ............................... _ ............................................ _._.........................
..........................................................
ETLE'EN •1. WHLCII
................. _f ......... .............. _.............
gaga... --... 9...... between
.._ ............. lho lcasor........and
.................................................
.....................the Ices.........;
WITNESSli 11, That, ht consideration of the payinont of tho rent and the kcepl+hg tend perfunuancc of the
covenants and ngroements by the said lessce ............ Lerelnafter act forth, the said lesser. _ - .._ .... hereby Ieuec.s ......... onto
P11(`Ir I rt
the sold lcance............lLc following described prcndscs, situate in the County of .................................... ....__............._...........
Inthe Stal.0 of Culuradu, to wit; ............................................................................ .............. ........... ............. .............. ......................
E. 11' 7" Lo I1 ..�a. :.._.1.3..7. "...!:��.... ?.Z.�.
..... .. .... ...... ........................ • - -- gaga.. ---- - - - - -- .......r. ............... ........................_...... .
...........Il or. k ...3sa... ...............
................ ............................... ......... -' -............................................... ...............................
Known as: 219 W. 3rd SLreeL
............................. --.- • ............................................................._................................ .........._.................... ............_..... .....................................
Pueblo, Colorado
- ° . .... ..............._......... .. ............................................................... _ ............... ...............................................
TO HAVE AND TO HOLD the earns with all the uppurtoaances unto the said lessee.......1roM twelve o'clock noon
of tho...._....lsl......._._day of..._.._..Septe);lb -e t :......................... 10...9.2....., until twelve o'clock noon of tho ....... .''.!`................
day of..... ...SepCembet ................... 19-2Z ..... at and fur n rental, for the full Lerut aforesaid of .................... - -- ...............
THIRTY SIX 'I'IIOIISANU SIX '1'Y nND N0� ] 00 - - - - - - -- _ -.- -, - -- In, , payable
................... ..................................................................... ............_.................. d u 1 s
in Monthly installments of....S.�:X..11UNllIjI D ONIi AND Nn� - - - - - - - - - - 7 .... - . ... 7 _dollars per month,
.._.. ........................... . ga ga.. .
.......... ......................................................................................................:.....................................................................................................
In advance, on or before twelve o'clock noon, on the .... ._li'� ...................day of each calendar numb during said term
at the office of ,___1 ... Coul;l; . SL., a _ .................... Colorado, without notice,
-- ...._ .......................................................................................••°-°-........•'°'•-°.....---°'......................._.......................... ...............................
...................... ................. ................. ...... °--•- --.. •-°---°..................._........_..........---.........................................................._......................--
And the ..Id lce.ce__________ In wnelJarntlon of the lc.nng of ..Id D +erul•.e u •furze •Id, ... a r, n nt__S ------- d •gr <v5_______.• follow.,
to wItr
•1'o pay l6o rent fur •.IJ Dreurbee we hercin.buve provldrd: to keep Lb. Irnyrovemurb upon •e IJ Vruuben, Incladin .-all -. e�rer- connec l6,n e,
ylur.Ll...�wl.{•v. -.,wl- h,w., to good repetr lit tha eeocnea of •.Id I<•.ce__________. •lid at lh< a ,I radon of Ills l.cneo L, • r ruder and
Jell,':r •nIJ Vrc,nleee 1n •good order •nJ eon Jltlun •n wLcu the e.ma were cote red upon, lue• Ly fire, In. n ble accident or urdln.ry
uD ,vc•r
rh to Ikblct oo part c n, u n PP
o -
f a IJ preml•ce, nr •.. r, ta thl. I. „ r any l,Wrcnt herein, wKb.aL the wrf lien u.. lit of the
Wa. oLtwlnrd; 11 una "'a W •w• 1 r I for no y u peso Pr hlbltcd L> 1 of th. Unitc ce
J SWt, or the Stale .1 Culnr aJu, or the urdla.arra of the
q9
gold Ml, n 1_1 nr_-- -_lit 41i�9_._ (•_QYM,7 ne• rQ----- ------- - ----- aad fur nn fm pauper nr gnc.Unn.bIr va n,un< ,vba urvrr: w k<cn
the IJe,vnike hr Iran of w d arou r,I .old p_ul tree
Jr.., (rnnr Jr. Ice an d snow, .n,l eclat Idrwnlkn sad pwince Irr,� Inrm ell I;lter, Jiro
J cbrb and obatr LI, n,; w keep said premi.en Icon, and In lho •nn n reilnry eo dluun qulred Lr the urJl ru»I the health and pollen
re.uh.uu„n of u,< n,aJ cur nr T..11 T..11 ur_-- 1'ulzb_tu.__S,t ol::.t neither ve,mlt _____________ __ __ Lo „nr .,purr nr„ diaurJ<n> eand„cl,
h rnln..,ce whsle per ,Lout sai pren,t... hnvin. a leniency to n l nay o disturb any vcr.un. ccul .Ilaceut pren�bu; to
n cl Lher ull no ,l tempt W hull the lxu r._ _ ll,hl fur ,ny Irr or cam s. e, rltL prurimnle or ag.. uc .ring Ilan— , r,l
by any repai rn .1i Lb,. Iniun o cIbL,ot W .,0.,01,1111L ceL pem
th r.rn v oiler I,ai In cr of it,. chore prrrr,l ... nat hnrrirr Jen,IxrJ n 7 nr
of e ne.ligenco r ,IIIuu 11 of it,, w ,IL, , o ,IL, U,crcnf n r any pernn,r, n, Ilnlilc f „r nor Inlury „r ,(swage ec a ,n,.l Ll
Ir(c<tiva clectrl, wiring, ur the Lrc.I,1n or nu of ,iambi.. or a spun nIJ v rcw lace or .pm ,J },ccat pr. mi,cn, ,v hctl, cr wnlJ hrcnk-
l,¢ a xl c Sul LV from frcexinR . otl,erw ins; to neither pennil n antler said prcinbrn, or the wall. or (1-n. Il�crnrf, to Le en Jan gere,t
Ly u erlomlin R, r a.l�l prcrn l.m to Le eeJ for any purPnee I, IL w ould coder tLo l,nurnnce lLerem, old or We Inxurnuce iek more
h.r V Ju„n nor link any nRh .kb,n. r ci, iRO In •noun, o bout enld Vr n,lecn withmit fuel ubt, lain. written nnel,I lhrrcfor; r l, permit
.nr i u r ,r ai r n r cu r
the lor______lu piece a "Fur 1IcuC' cord upon eniJ yrewlece at any limo of to Lit Jaye L<Wre Lb. rod of this Lesec; W allow •nIJ
Icanur___.__et out rcoeunu Ll, hour of ills day to enter IoW or , eo Ra thruu.h and view eal.1 Vrcn,bce; W y it,, .en,< ae__________
u ,m
I'_Ivc 5l_Ir fiat_ atd Lounl;� -
----------- ----- ---- -------- --- -- - -- - --- - -----
Il In ..reed nu,t all n,acruune„in far w.(,, rrour (bat ,nay b levlc�l o.nlu,l eniJ vrcuJxcn d.,l,R l6r cuntlm„nrr of thb Lees .hall
Lc nab, Ly ilia said Icxn C1: and that all charges fur hen Lln, and liqq LtluR LLc en Ll pre, Ie shall Lc pn Ll by the eniJ Icoa,•r__._____•e (be
soma Lccouro Jae nnJ payable and that In egos. sell vranla,y .L•II Lccmuo . ntable m at of J-. Ll 111c, flood or act u1
Cud, this Leant may Lc lLercupm, U ndnnted Ly it,. enld lanece______:
It I. fur Lbe eJ Wnl r eat, expr cd ur Iwvlle,h lu oar Lrcach of any one or I—. of the eu nanb ur agrccoicn L, ],error eLnll
U. d-ne1 nr ink— 1. Le a 1—r .1 e,v e,acredhrR or her brencb.
It le rnu lu,llY n.�ccJ ll,.t I( n[lrr th. cx virnitun of III'. I ".. , the in�x co________ehall ""'al n hr vu.ncxxlun of eniJ vrrndna�., .ad
euntlmm W yr rent wltLnnt wriuen .. rrcu,rut m W suet. vo,er,�xlou then nucL Icnncc______eL,ll Lc rrg.rJc,l nn n lcn,ut (rum u:onlh to
uulh al r, mlhb rental, payable In advance, cqulvalcut to the {rat monthly IneWlhncut hcrcundeq nnJ suLlect lu all the team urJ
vroviei, of tlde Lcr,.
It In ritually nirr—d that lu ennc e61 vrcuJsee • n left an and any port of the ent thrrch, roar 1 I.c unpaid, tl cn
Wo la, r r
, without In ourwiea ire lair obliged u to do, .J without WnniuutiR thin Le. , .sink. pneern.lun of .std Vrcm I. "d rent r ile nn�< for .»clr r, It and upon eucli c rnJillu',s n the I,x,o r______niey LIJnk Lcnt, nr.king n. clr chn rig en r ml rrpnl,• w• al a
I,e r girl». r.reJ it fur ills ,uiu ml of rent n criveJ Iona ,II e.prnn�n of .n h bnn.cs errJ rev„Ir., eniJ lrnuce ______elinll W
liable fur ll,e Lnlnnc,.• r,f ll,a rent herein r vcJ ur,lil r ibs ex yir•tlun u( lh. Wrin of ll,i. Leann.
IT IS Ex ;Ssl.Y I'In UNnE1lS 1'(IOU ANU AOlt t:l;U Uy lid between ills ynr tiro nfurcxnl,l, Ll,nt 1f Ilic rent nl.... ..... v J, r ry
part tLcre�A .hell b< In u r if d 11, 11 1, r ,do In nn/ of tlm a cu.nla o n¢rcemcnte Lcrciu canto LrcJ, W Le . k ept 61 We
eniJ Iri. ce Il licit ai d r r ,ny 1. lawful for tha e•Id 1-a.r______W drelare all lean &d, and enter Into the nab Drrml.,n, r
and part l6ercal, "'ter with or without vmc<ne of J_, W re -enleq .zed it,. sold Ieneco_____.nr any per000 ur pel.nns ucagi7ln¢ the
uwhc, to expel, r ,u C, and lot out, uuln¢ such force as muy be necessary In so d.Inw. without Ldnir liable to Ira ullun or In J.mn¢c•
lLm c[uq and ll�a eelJ premixes again to rcpoo.cs
•lid mr)uy, e• I. tL. flret and furuu cetulo of Um eniJ lue.ur______- And If at any
Ume said n•nn .ball Le coded m nfureenid or In wry otbrr w•y, the Bald Icea<e_______LereLy wvenou t._L___snJ a¢rce'� _____W •urrendv
nuJ deliver uv said prcu,iec. Veac h1j to eniJ lessor ------- I wedletely upon the lenuinntluo of ..Id term, wnd If the
�nln In vn.n.•extun of Uw e�no •[lrr the t< nlnnlluu lhercuf, aid leases-------- 1„ll Le deemed guilty of a InrclLle .11Wlner of •ni•I
prernin,•e , nJcr ll,e ,talus, herrbr wniv lag all mitre, and wh.11 be ..61-t W evlctlnn and rci„ovrJ, forably or utherwbe, with or wnhuul
process oI �Inw, we n'uv stated.
AnJ IL In fu rlhrr <rprcnaly nndcral»nJ and 1 ll,nl an it,, ,L, a,L, a I n.r crnrnlw In thla 1,: c,.ntala'd Mall c.lcnd to and
L. L alla. upon, the I„•h., e.aeenlu,., 141 repreeentnllvre and mafiro, of Lhe H e I. the herein.
'1'hln I.envo In „u„tr Lr mnl Lrlw ern (l< 1. ltc• hrrelu will, lire ex Prrnn un�Icrnln n and n. recmrnl lint, In the event lha (rnnr•
hccorn rn In solves 1, nr In declared Lanknry 1, tLcu, h, eltLer event, Wa le.anr mat Jecl•ra Wb L ended. •lid all rig Ll. of lmece her<uudec
eh.11 tb_uvua W,mh,a le end ccnac.
The above ntollLllly in_;Lallmt:nt__is__Lit he_a/liustetl__Innu_ Illy_ b _11_gd__(n_�Ile__clt5�_ -f_ --
--- -- - --- -- -- ----- - - - ---
]Iv1111; iuclex alit- ally incre,_,,__or__ decd i c fnrea1- - LirolterCy-- L,t_x_ - -- lit- _iy_�_v_I_nLy --
Lha monthly in a
stllwe11 L i, 110L _Lo h :=
C lc_' th n
a _j() Q0.- 0Q_ --- --- --- ________
IN WITNESS WHEREOF, W. yertice Le rW bare he I.L. et lhclr he J J cut. jj1 d 1 ad year flreI shore vrlitc t
I i
- - - - -IS EA L)
__ _______________________________ ________(SEAL)
Reception #: 1129358 Date: 07/05/1996 Time: 1008 Book:
Inst: WD R Fee: 10.00 D Fee: 10.25 SC: 1.00 Pg:
W A R R A N T Y D E E D
THIS DEED, Made this 1ST day of JULY, 1996 between
Louie D. Carleo dba LDC Properties
of the County of Pueblo and
State of Colorado, grantor, and
City of Pueblo, a Municipal Corporation
2907 Page: 935 Chris C. Hunos
1 of 2 Pueblo Co.Clk. &Rec.
whose legal address is 127 THATCHER BUILDING, PUEBLO COLORADO 81003
of the County of Pueblo and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of ONE HUNDRED TWO
THOUSAND FIVE HUNDRED AND 00 /100, ($102,500.00) Dollars, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the grantee, his
heirs and assigns forever, all the real property, together with improvements, if any,
situate,lying and being in the County of Pueblo and State of Colorado, described As
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 219 W 3rd Street, Pueblo, Colorado 81003
v o TOGETHER with all and singular the hereditaments and appurtenances thereto
it belonging, or in anywise appertaining and the reversion and reversions, remainder and
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, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and 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
general taxes for 1996 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
_.. _
The grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises
in the quiet and peaceable possession of the grantee, his heirs assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Louie D. Carleo dba LDC Properties
BY A6 ", " 0 q) � 1_�_e
IE D. CA LEO G L C
STATE OF COLORADO }�'�, �� ✓��
} ss. The foregoing instrument was acknowledged before me
County of Pueblo } this 1ST day of JULY, 1996
by Louie D. Carleo dba LDC Properties
Witness my hand and official 5e�:t;',
My commission expires 03/18
�o�:. -�• to _
NOTARY PUBLIC a �
627 North Main Street `� t g,�;•',L ; :`
No. 932A. Rev. 7 -84 Pueblo, COLORADO 81003
Book: 2907 Page: 936 Chris C. Munoz
Page: 2 of 2 Pueblo Co.Clk. &Rec.
"EXHIBIT A"
LEGAL DESCRIPTION
The East 11 feet 7 inches of Lot 11 and the West 13 feet 7 1/2 inches of
Lot 12, Block 33, in that part of the present City of Pueblo which was
surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate
Judge of Pueblo County, in March 1869.
ALSO such portions of the West 32 feet 5 inches of Lot 11, Blodk-33 of
the present City of Pueblo, which was surveyed and platted by H. M.
Fosdick, Civil Engineer, for the Probate Judge of Pueblo County in March
1869, as encompass the two separate pilasters or chimneys, 7.93 feet by
1.06 feet and 8.38 feet by 1.00 feet, as shown by instrument recorded May
8, 1962 in Book 1480 at Page 351,
all in the City of Pueblo, State of Colorado.
TRANSNATION TITLE INSURANCE COMPANY
627 North Main Street
Pueblo, CO 81003
(719) 543-0451
Escrow Officer: LORI A. FASULO
ESCROW DEPT.
Title No. : 7560944
Date : July 1, 1996
BUYER'S CLOSING STATEMENT
Buyer(s): City of Pueblo, a Municipal Corporation Seller(s): Louie D. Carleo dba LDC Properties
Property: 219 W 3rd Street
Pueblo, Colorado 81003
E 11ft Tin Lot 11 8 W 13ft 7 1 /2in Lot
12 Block 33 Pueblo etc `
DEBIT CREDIT
Contract Price ..................................... ............................... $102,500.00
PRORATIONS
COUNTY TAXES ($1003.74) ............... 01/01/96 to 07/01/96 ..................... 500.49
LENDER CHARGES:
RESERVES
TITLE CHARGES
REAL ESTATE CLOSING FEE ................................... ............................... 50.00
TAX CERTIFICATES .......................................... ............................... 15.00
RECORDING FEES, TRANSFER TAXES
Warranty ............................................ ............................... 11.00
DOCUMENTARY FEE ........................................... ...............................
ADDITIONAL CHARGES
RECEIPT DUE FROM BUYER 4@2T889�75
$102,586.25 $102,586.25
The above figures do not include sales or use taxes on personal property.
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
City of Pueblo, a Municipal Corporation Broker Sou Ve ure
By:
BY / />T rh/1 _. Transnation Title Insurance Company
THOMAS E. JAC ER —
By: LORI A. FASULO
TRANSNATION TITLE INSURANCE COMPANY
A Reliance Group Holdings Company
C L O S I N G I N S T R U C T I O N S
THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
To: TRANSNATION TITLE
INSURANCE COMPANY
1. Louie D. Carleo dba LDC Properties (SELLER) and City of Pueblo, a Municipal Corporation (PURCHASER) engage
TRANSNATION TITLE INSURANCE CO. (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the
closing of the following described real estate in the County of Pueblo and State of Colorado, to wit:
E 11ft 7in Lot 11 & W 13ft 7 1 /2in Lot
12 Block 33 Pueblo etc
also known as: 219 W 3rd Street, Pueblo, Colorado 81003
2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record all documents,
excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real
estate, dated June 10, 1996, with ALL amendments and counterproposals attached (Contract), and made part of this document.
3. Legal documents will be prepared by Closing Agent at the expense of Broker.
4. Closing Agent will receive a fee not to exceed $100.00 for providing these closing and settlement services to be the
expense of BUYER AND SELLER EQUALLY.
5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:available for
immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are
available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to
deposited or a financial institution upon which the funds are to be drawn( "Good Funds ").
6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Funds, except as provided in paragraphs 12 and 13.
7. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to
Purchaser and Seller by Closing Agent or Agent or Purchaser's lender on or before closing.
8. Seller will receive the net proceeds of closing as indicated: [X] Closing Agent's Trust Account Check, [ ) Cashier's
Check at Seller's expense, C ) Funds electronically transferred (wire transfer) to an account specified by the Seller, at
Seller's expense.
9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be
necessary to complete this transaction, and Purchaser and Seller further agrees to sign and complete all and customary
required documents at closing to fulfill the Contract.
10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller
at time of closing.
11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before
closing to disburse Good Funds.
12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real
property taxes and special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase
Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the title insurance company harmless
regarding said real property taxes and special assessments paid or to be paid by others.
13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all
documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty,
responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other
evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the original(s) returned to Purchaser and
copy to Purchaser's lender.
14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until
(1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller
shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its
sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or
other things of value received by Closing Agent. Such deposit with the Court shell relieve Closing Agent of all further
Liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees.
15. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and
Closing Agent.
16. Special Instructions:
RE: 219 W 3rd Street
Pueblo, Colorado 81003
APPROVED AND ACCEPTED
Sellers)
Purchaser(s)
Closing Agent
Louie D. Carleo dba LDC Properties
BY
L E D. CARLEO
City of Pueblo, a Municipal Corporation
BY
THOMAS E. JAGGER
By: LORI A. FASULO 07/01/96
W A R R A N T Y D E E D
THIS DEED, Made this 1ST day of JULY, 1996 between
Louie D. Carleo dba LDC Properties
of the County of Pueblo and
State of Colorado, grantor, and
City of Pueblo, a Municipal Corporation
whose legal address is 127 THATCHER BUILDING, PUEBLO COLORADO 81003
of the County of Pueblo and State of Colorado, grantees:
WITNESSETH That the grantor for and in consideration of the sum of ONE HUNDRED TWO
THOUSAND FIVE HUNDRED AND 00 /100, ($102,500.00) Dollars, the receipt and sufficiency
of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by
these presents does grant, bargain, sell, convey and confirm unto the grantee, his
heirs and assigns forever, all the real property, together with improvements, if any,
situate,lying and being in the County of Pueblo and State of Colorado, described as
follows:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
also known by street and number as 219 W 3rd Street, Pueblo, Colorado 81003
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
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, his heirs and assigns forever. And the grantor, for
himself, his heirs and personal representatives, does covenant, grant, bargain, and
agree to and with the grantee, his heirs and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and 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
general taxes for 1996 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND the above- bargained Vremises
in the quiet and peaceable possession of the grantee, his heirs assigns, against
all and every person or persons lawfully claiming the whole or any part thereof. The
singular number shall include the plural, the plural the singular, and the use of any
gender shall be applicable to all genders.
IN WITNESS WHEREOF the grantor has executed this deed on the date set forth above.
Louie D. Carleo dba LDC Properties
BY A6 r' "0
IE D. CA LEO
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before me
County of Pueblo } this 1ST day of JULY, 1996
by Louie D. Carleo dba LDC Properties
Witness my hand and official se`"
My commission expires 03/18
X62 -,
NOTARY PUBLIC _Z?
627 North Main Street,
No. 932A. Rev. 7 -84 Pueblo, COLORADO 81003
•.,....•
"EXHIBIT A"
LEGAL DESCRIPTION
The East it feet 7 inches of Lot 11 and the West 13 feet 7 1/2 inches of
Lot 12, Block 33, in that part of the present City of Pueblo which was
surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate
Judge of Pueblo County, in March 1869.
ALSO such portions of the West 32 feet 5 inches of Lot 11, Bloc`4-33 of
the present City of Pueblo, which was surveyed and platted by H.M.
Fosdick, Civil Engineer, for the Probate Judge of Pueblo County in March
1869, as encompass the two separate pilasters or chimneys, 7.93 feet by
1.06 feet and 8.38 feet by 1.00 feet, as shown by instrument recorded May
8, 1962 in Book 1480 at Page 351,
all in the City of Pueblo, State of Colorado.
REAL PROPERTY TRANSFER DECLARATION
1. Address or legal description of real property:
219 W 3rd Street, Pueblo, Colorado 81003
The East 11 feet 7 inches of Lot 11 and the West 13 feet 7 1/2 inches of Lot 12, Block 33, in
that part of the present City of Pueblo which was surveyed and platted by H. M. Fosdick, Civil
Engineer, for the Probate Judge of Pueblo County, in March 1869.
ALSO such portions of the West 32 feet 5 inches of Lot 11, Block 33 of the present City of
Pueblo, which was surveyed and platted by H. M. Fosdick, Civil Engineer, for the Probate Judge
of Pueblo County in March 1869, as encompass the two separate pilasters or chimneys, 7.93 feet
by 1.06 feet and 8.38 feet by 1.00 feet, as shown by instrument recorded May 8, 1962 in Book
1480 at Page 351,
y
all in the City of Pueblo, State of Colorado.
2. Is this transaction among related parties: Yes No h
3. Total sale price: $102,500.00
4. What was the cash downpayment? $102,500.00
(If cash sale, enter the total sales price.)
5. Did total sale price include a trade or exchange? Yes No
6. Did the buyer receive any personal property in the transaction? Yes
If yes, the approximate value:
7. Were mineral rights included in the sale? Yes _X No
8. Were water rights included in the sale? Yes No
9. If applicable, you may include goodwill for a going business.
Approximate value of goodwill: aJ 1R
10. Was less than 100% interest in the real property conveyed? Yes
11. Date of closing: July 1, 1996
12. Was the loan new or assumed? New N/A Assumed N/A
13. What was the interest rate on the loan? I OUA %
14. What was the term of the loan? ,�% /`1
15. Were any points paid? Yes k1 4 1 No If yes, how many?
And by whom?
No
No
TRANSNATION TITLE INSURANCE COMPANY, although closing this transaction and /or providing this
form, specifically disclaims any liability for, and is hereby released and held harmless by the
undersigned from, any claim or loss resulting from the use of this form or the information on
it.
16. Date: July 1, 1996
Grantee Signature(s)
City of Pueblo, a Municipal Corporation
BY
THOMAS E. JAG ER --
REAL ESTATE WATER AND SEWER AGREEMENT
Escrow No.: 7560944
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: 219 W 3rd Street, Pueblo, Colorado 81003, that as of the date of closing
ACCOUNT IS: METERED
BASED ON THE ABOVE INFORMATION:
I
Escrow Agent HAS NOT ADJUSTED FOR WATER AND SEWER, ADJUSTMENT AS REQUIRED,
WILL BE MADE BETWEEN PARTIES AND ARE NOT A PART OF THIS ESCROW.
SELLER ASSUMES RESPONSIBILITY FOR THE FINAL WATER BILL.
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PURCHASERS AND SELLERS THAT THIS IS A
FINAL SETTLEMENT AND HEREBY RELIEVE ESCROW AGENT OF ALL FURTHER LIABILITY AND
RESPONSIBILITY.
This Agreement executed this 1ST day of JULY, 1996
APPROVED AND ACCEPTED:
Purchaser(s)
City of Pueblo, a Municipal Corporation
BY
THOMAS JAW8R --
Sellers)
Louie D. Carleo dba LDC Properties
BY
IE D. CARLEO
REAL ESTATE TAX AGREEMENT
Escrow No.: 7560944
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: 219 W 3rd Street
Pueblo, Colorado 81003
that taxes for the current year have been adjusted as of this date as follows:
BASIS FOR PRORATION
Taxes have been prorated on the basis of the previous year's taxes in the
amount of . ($ 1003.74)
AGREEMENT FOR READJUSTMENT '
The above tax proration is considered to be final settlement.
ASSESSMENTS
It is further understood and agreed between the purchasers and the sellers that:
Special improvements now in are paid in full.
OTHER THAN TAX INFORMATION DISCLOSED ON'THE CERTIFICATE OF TAXES DUE, THE INFORMATION
ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S /TREASURER'S OFFICE AND /OR
APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY
SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY
RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE
ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED.
APPROVED AND ACCEPTED:
Purchaser(s)
City of Pueblo, a Municipal Corporation
BY
THOMAS E. DAGGER'
Sellers)
Louie D. Carleo dba LDC Properties-
BY
i2_ kD 0_, 6 , 6 q-": ?
IE D. CARLEO
This agreement executed this 1ST day of JULY, 1996,
ESCROW NO.: 7560944
The printed portions of this form, except (italicized) (differentiated) additions,
have been approved by the Colorado Heal !state Commission. (ArAl -1 -94)
THIS FORM IIAS IAlI'OR'rAN'r LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND T AX OR OTHER COUNSEL BEFORE SIGNING.
AGREEMENT TO AMEND /EXTEND CONTRACT
July 1 , 19 96
RE: Contract dated
.T>>nP 1 ,
1 19 9 between City of Pueblo
(Buyer) and
Louie i) Carleo
DBA
L.D.C. Properties
,(Seller),
relating to the sale and
purchase of the following described real estate in the County of Pueblo
,
Colorado.
The East
11 feet 7 inches of Lot 11 and the West 13 feet 7
1/2 inches of
Lot 12,
Block 33, in that part of the present City of Pueblo which was
surveyed
and platted by H. M. Fosdick, Civil Engineer, for
the Probate
Judge of
Pueblo County, in March 1869.
ALSO such portions of the West 32 feet S inches of Lot 11, Block 33 of
the present City of Pueblo, which was surveyed and platted by H. M.
Fosdick, Civil Engineer, for the Probate Judge of Pueblo County in March
1869, as encompass the two separate pilasters or chimneys, 7.93 feet by
1.06 feet and 8.36 feet by 1.00 feet, as shown by instrument recorfiod May
8, 1962 in Book 1480 at Page 351,
all in the City of Pueblo, State of Colorado.
known as No. _ 219 West 3rd Pueblo CO 81003 (Property).
Street Address City State Zip
Buyer and Seller hereby agree to amend the aforesaid contract as follows:
I. The date for closing and delivery of deed is changed to ----------- -- ------ , 19 --- -- .
2. The date for furnishing commitment for title insurance policy or abstract of title is changed to
---- ------------- - - - , 19
3. The date for delivering possession of Property is changed to ------------ - - - - -- , 19 - -- .
4. The date for approval of new loan is changed to ------------ - - - - -- , 19
5. The dale for lender's consent to loan assumption or transfer of Property is changed to
- ------------------ - - - - -- 19 ----
6. Other dates set forth in said contract shall be changed as follows:
7. Additional amendments:
A. The parties acknowledge that Seller intends to do a 1031 exchange
on the property.
All oth terms and ml' ions said c tract shall remain the same.
r ; scuer
Date of Seller's signature — ,,9— Date of Seller's signature
Carr? dr" A6t ,l
19
Buycr 7 Buyer
T q �
Date of Buyer's signature — C/4 f , l9 EL Date of Buyer's signature , 19
No. AE41/M - - AGREEMENT TO AMEND /EXTEND CONTRACT
L S
Bradford Publishing, 1743 wa= St., Denver, CO 80202 — (303) 292.2500 — 2.94