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HomeMy WebLinkAbout7974RESOLUTION NO. 7974 A RESOLUTION APPROVING CERTAIN DEEDS, ASSIGNMENT AND EASEMENT RELATING TO THE RICHMOND SUBDIVISION AND THE CONVEYANCE OF LOT 1, BLOCK 1, RICHMOND SUBDIVISION TO RICHMOND SENIOR HOUSING, INC. AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The following documents relating to Richmond Subdivision and conveyance of land to Richmond Senior Housing, Inc., attached hereto and incorporated herein, having been approved as to form by the City Attorney, are hereby approved: (a) Special Warranty Deed dated October 15, 1996 from the City conveying title to Lot 1, Block 1, Richmond Subdivision to Richmond Senior Housing, Inc. (b) Special Warranty Deed dated October 15, 1996 from the City conveying City's interest in Lot 2, Block 1, Richmond Subdivision to the Urban Renewal Authority of Pueblo, Colorado (c) Assignment Agreement dated October 15, 1996 approving the assignment of Senior Citizen Resource Development & Coordinating Agency's right, title and interest in the February 12, 1996 Contract To Buy And Sell Real Estate to Richmond Senior Housing, Inc. (d) Easement dated October 15, 1996 from the City to Richmond Senior Housing, Inc. SECTION 2. The President of the City Council is authorized to execute and deliver in the name of the City the documents described in Section 1 hereof and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The Special Warranty Deed dated October 15,1996 from the Urban Renewal Authority of Pueblo, Colorado conveying title to Lot 1, Block 1, Richmond Subdivision to the City, attached hereto and incorporated herein, is hereby approved and accepted. INTRODUCED October 15, 1996 By Charles Jones Councilperson ATTEST: APPROVED: City Cle6 Presid t of the City Council Reception #: 1144396 Date: 10/24/1996 Time: 1228 Book: 2940 Page: 817 Chris C. Munoz Inst: EASE R Fee: 20.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 4 Pueblo Co.Clk.&Rec. EASEMENT This grant and conveyance of an easement is made this /.5 -1.< day of Defabe-K, , 1996, by and between the City of Pueblo, a Colorado Municipal corporation, hereinafter called "the City ", and Richmond Senior Housing, Inc, a Colorado non - profit corporation, hereinafter called "Richmond ". 1. PROPERTY DESCRIBED. Richmond is the owner of a tract of land located in the City of Pueblo, Colorado, which is addressed as 230 Central Main,Pueblo, Colorado. This tract of land is subsequently referred to in this grant as the "Richmond parcel ". The City is the owner of a tract of land also located in the City of Pueblo, Colorado, and which abuts the Richmond parcel and is more particularly described as follows: -r Lot 5, Block 62, Hobson's Subdivision To Pueblo Amended Plat of Block 62 according to the recorded plat thereof, filed for record August 8,1888 in Book 3 at Page 3 in the records of the Pueblo County Clerk and Recorder, City of Pueblo, County of Pueblo, State of Colorado. Said tract of land shall subsequently be referred to in this grant as "the City parcel ". 2. GRANT OF EASEMENT. For and in consideration, the receipt and sufficiency of which is hereby acknowledged, City hereby grants and conveys to Richmond, its successors, and assigns, including but not limited to Richmond's tenants, lessees, employees and /or agents, an access and temporary use easement for repair and maintenance purposes for improvements to be constructed on the Richmond parcel, on and across the following parcel of land which is more particularly described as follows: The northeasterly 8.00 feet of Lot 5, Block 62, Hobson's Subdivision To Pueblo Amended Plat of Block 62 according to the recorded plat thereof, filed for record August 8,1888 in Book 3 at Page 3 in the records of the Pueblo County Clerk and Recorder, City of Pueblo, County of Pueblo, State of Colorado. Said tract of land shall subsequently be referred to in this grant as "the easement area ". Easement, Page 1 of 4 pages Book: 2940 Page: 818 Chris C. Munoz Page: 2 of 4 Pueblo Co.C1k.&Rec. 3. FURTHER TERMS AND CONDITIONS OF EASEMENT. The parties agree that the easement granted and conveyed hereunder shall be and is subject to the following terms and conditions: 1. The purpose of the easement is to allow Richmond access to the Richmond parcel for maintenance and repair of improvements located on the Richmond parcel and for such purpose to temporarily use and occupy the easement area for periods not in excess of ten (10) consecutive days; 2. Subject to the right of Richmond to use and enjoy the easement being granted for the above purposes, the City shall continue to have the full use and enjoyment of the easement area; 3. Use by Richmond of the easement and easement area granted hereunder for the above stated purpose shall be at the sole cost and expense of Richmond. Richmond will leave the easement area in a clean, safe and workmanlike manner upon completion of any use thereof; in the event that the easement area is landscaped, the landscaping shall be repaired or replaced and returned to the condition it was in prior to the use thereon by Richmond; and, 4. Richmond shall not locate, erect or cause to be located or erected any improvement, building or structure, including concrete, on the easement area. 4. EASEMENT TO RUN WITH LAND. The easement described and being granted hereunder shall run with the land for a period of forty (40) years, shall be for the benefit of Richmond and shall be binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 5. INDEMNITY. Richmond shall indemnify and hold the City harmless for any and all claims,liabilities,loss or damage to persons or property caused by or arising out of the use of the easement hereby granted by Richmond. IN WITNESS WHEREOF, the parties hereto have executed this grant and conveyance of easement on the day and date first above written. (The remainder of this page is intentionally left blank.) Easement, Page 2 of 4 pages Book: 2940 Page: 819 Chris C. Munoz Page: 3 of 4 Pueblo Co.C1k.&Rec. RICHMOND SENIOR HOUSING, INC., a Colorado non - profit corporation b title: Gus F. Sandstrom Attest: titl : Treasur, , Authorized Board Member Sonia Clark CITY OF PUEBLO, COLORADO, a Colorado Municipal corporation BY: � 4 tl z' resident o the City Council ;k title : y Clerk STATE OF COLORADO ) COUNTY OF PUEBLO ) SS Subscribed, sworn to and acknowledged before me this 15th day of October , 1996, by Fay B. Kastel i c , the President of the City Council of the City of Pueblo, Colorado, who signs this instrument in 1119 /her capacity as such. My commission expires: w h Easement, Page 3 of 4 pages 16tary Public address: /q3 Book: 2940 Page: 820 Chris C. Munoz STATE OF COLORADO ) Page: 4 of 4 Pueblo Co.Clk. &Rec. COUNTY OF PUEBLO ) SS Subscribed, sworn to and acknowledged before me this 17th day of October , 1996, by Gus F. Sandstrom , who is known to me and is the President of Richmond Senior Housing, Inc., and who signs this instrument in his /her capacity as such. My commission expires: 10/18/96 f. A. Q Notary Tiulic Evie Sandusky address: 9 Hudspeth Lane Pueblo, CO 81005 Easement, Page 4 of 4 pages Y) CERTIFICATION OF RESOLUTION I, Ernamarie Williams, the secretary of Richmond Senior Housing, Inc., hereby certify that the following is an accurate and true statement of a resolution which was adopted by a vote of the Board of Directors of the corporation at a special meeting of the board on the above date. RESOLVED, that the corporation, through its directors, may purchase the following described real property, located in the County of Pueblo, State of Colorado, known as: Lot 1, Block 1, Richmond Subdivision, County of Pueblo, State of Colorado, hereinafter called "the subject property ". RESOLVED, the purchase price for the subject property shall be $156,000, or the amount paid by the to the corporation as reimbursement for the value of the property, whichever is greater. RESOLVED, that the corporation, through its directors, may, following its purchase by the corporation, encumber the real property located in the County of Pueblo, State of Colorado, known as: Lot 1, Block 1, Richmond Subdivision, County of Pueblo, State of Colorado. RESOLVED, that the directors of the corporation, in furtherance of: 1, the proposed purchase and encumbering of the subject property; 2. the prosecution of an application for and the entering into a Section 202 grant with the United States Department of Housing and Urban Development for the construction of a low income elderly housing project on the subject property; and, 3. the construction of the proposed Section 202 improvements on the subject property; and, 4. any other action which furthers the intent of the corporation to proceed with and complete the proposed section 202 project on the subject property, may take any action regarding the subject property which action is evidenced by a writing executed by any one of the then - current 1 directors whose signature is also attested by either the Secretary of the corporation, the Executive Director of SRDA (the 31s od NI 3 osua Wd62:6© g6, ei igo sponsoring agency), or any other then - current director of the corporation. The current directors of the corporation and the date of -the expiration of their terms as directors as shown in the parentheses following their name are: Gus Sandstrom (1999), Harvey Phelps (1999), Connie Quintanilla (1999), Tom Keats (1998), Ralph Heilman (1998), Ernamarie Williams (1998), Sonia Clark (1997), and John Ortega (1 97). certified this v day of , L V� I I _ G J , 1996. 1 fly Ernamariee Williams, / Secretary Date: 9.9 d Di NI3d3iins '8 osbi i wu62:6© 96, BI iD0 ASSIGNMENT AGREEMENT WHEREAS, the City of Pueblo, a municipal corporation, hereinafter called "the City ", as seller, entered into a contract (hereinafter called "the Contract ") with Senior Citizen Resource Development & Coordinating Agency, a Colorado nonprofit corporation, hereinafter called "SRDA ", as purchaser, dated February 12, 1996, for the sale and purchase of real property located in the County of Pueblo, State of Colorado, known as Lot 1, Block 1, Richmond Subdivision, County of Pueblo, State of Colorado, hereinafter called "the subject property "; and, WHEREAS, the Contract is executory, and no part of or interest in the subject property has been previously transferred; and, WHEREAS, the balance due on the Contract is $156,000, or the amount paid to Richmond as reimbursement for the value of the property, whichever is greater; and, WHEREAS, upon possession of the property, SRDA intends immediately to convey the subject property to Richmond Senior Housing, Inc., a Colorado nonprofit corporation, hereinafter called "Richmond "; and, WHEREAS, monetary and time savings will result if the subject property is conveyed directly from the City to Richmond; and, WHEREAS, the City, SRDA and Richmond have agreed that it will be beneficial to the parties to assign the interests and obligations of SRDA to Richmond; and, WHEREAS, the parties wish to reduce their agreement to writing; NOW THEREFORE, IT IS AGREED AS FOLLOWS: 1. PARTIES. The parties to this Agreement are: the City of Pueblo, a municipal corporation, hereinafter called "the City "; Senior Citizen Resource Development & Coordinating Agency, a Colorado nonprofit corporation, hereinafter called "SRDA "; and, Richmond Senior Housing, Inc., a Colorado nonprofit corporation, hereinafter called "Richmond ". 2. ASSIGNMENT OF CONTRACT. For value received, the sufficiency of which is hereby acknowledged, SRDA hereby assigns, transfers and conveys to Richmond all its rights, title, duties, responsibilities, obligations and interest in that certain Contract to Buy and Sell Real Estate dated February 12, 1996, by and between the City, as seller, and SRDA, as buyer, (hereinafter called "the Contract ") for the sale and purchase of real property located in the County of Pueblo, State of Colorado, known as Lot 1, Block 1, Richmond Subdivision, County of Pueblo, State of Colorado, hereinafter Assignment Agreement, Page 1 of 3 called "the subject property ". 3. ACCEPTANCE OF CONTRACT. Richmond hereby accepts the assignment and the rights, title, duties, responsibilities, obligations and interest of SRDA pursuant to the Contract. By accepting this assignment, Richmond assumes and agrees to perform all the covenants to be kept and performed by the purchaser. 4. CONSENT. By signing this Agreement, the City, as seller, hereby consents to this assignment. 5. AMENDMENT. This Agreement may not be amended except by a writing signed by the parties. 6. BINDING AGREEMENT. When this Agreement has been signed by the parties it shall constitute a binding agreement and shall be effective and binding according to its terms upon the parties, their successors and assigns. Executed at Pueblo, Colorado this / day of 1996. Attest ' Secretary / Treasurer, SRDA Board of Directors Gus F. Sandstrom Attest: w &irANkRXV So 'a Clark, Treasurer, Authorized Board Member Attest. City erk SENIOR CITIZEN RESOURCE DEVELOPMENT & COORDINATING AGENCY, A NONPROFIT CORPORATION BY RXX4ffJAK= Son' a Clark, Vice Chair, SRDA Board of Directors RICHMOND SENIOR HOUSING, INC., A NONPROFIT CORPORATION By President CITY OF PUEBLO, A MUNICIPAL CORPORATION B Pre i en o the City Council Assignment Agreement, Page 2 of 3 Reception #: 1144393 Date: 10/24/1996 Time: 1222 Book: 2940 Page: 814 Chris C. Munoz Inst: WD R Fee: 5.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 1 Pueblo Co.Clk. &Rec. THIS SPECIAL WARRANTY DEED, Made this 15th day of October, 1996, between the Urban Renewal Authority of Pueblo, Colorado aka Pueblo Urban Renewal Authority, a body corporate and politic of the State of Colorado, Grantor, and Pueblo, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, Grantee, whose legal address is 1 City Hall Place, Pueblo, Colorado, 81003; WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the following real property in the County of Pueblo and State of Colorado, to wit: Lot 1, Block 1, Richmond Subdivision, Pueblo County, Colorado, also known by street address: None. Together with all and singular the hereditaments and appurtenances thereunto 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 said 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 said Grantee, its successors and assigns forever, subject to easements, covenants, conditions, restrictions and reservations of record; apparent easements; general taxes for the year of conveyance and subsequent taxes and assessments; and, burdens incident to the real property's inclusion within any governmental entity. And the said Grantor shall WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee and its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said Grantor. Documentary Fee: Exempt, §39- 13- 104(a) C.R.S. Consideration paid $10.00. fN WITNESS WHEREOF, the Grantor has caused its name to be subscribed by the Chairman of it g.q .rd p�Commissioners and its official seal to be affixed, attested by its Secretary, the day and year yw first st�liv written. ] URBAN RENEWAL AUTHORITY OF .--•t PUEBLO, COLORADO AKA PUEBLO R � �' •� URBAN RENEWAL AUTHORITY A`rT By it A airm4of the Boar of Commissioners STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. The foregoing instrument was acknowledged before me this .� ) Z day of October, 1996 by Joseph A. Fortino, as Chairman of the Board of Commissioners and Tony Berumen, as Secretary of the Urban Renewal Authority of Pueblo, Colorado. Witness my hand and official seal. � My commission expires: `jk Notary Public � +(' J: \CITY\URA \HOTEL \DEEDS \DEED2.WPD THIS SPECIAL WARRANTY DEED, Made this 15th day of October, 1996, between Pueblo, a municipal corporation organized and existing under and by virtue of the laws of the State of Colorado, Grantor, and the Urban Renewal Authority of Pueblo, Colorado, a body corporate and politic of the State of Colorado, Grantee, whose legal address is 1 City Hall Place, Pueblo, Colorado, 81003; WITNESSETH, That the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Grantee, its successors and assigns forever, all of the following real property in the County of Pueblo and State of Colorado, to wit: Lot 2, Block 1, Richmond Subdivision, Pueblo County, Colorado, also known by street address: None. Together with all and singular the hereditaments and appurtenances thereunto 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 said Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditanents and appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the said Grantee, its successors and assigns forever, subject to easements, covenants, conditions, restrictions and reservations of record; apparent easements; general taxes for the year of conveyance and subsequent taxes and assessments; and, burdens incident to the real property's inclusion within any governmental entity. And the said Grantor shall WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the Grantee and its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said Grantor. Documentary Fee: Exempt, §39- 13- 104(a) C.R.S. Consideration paid $10.00. IN WITNESS WHEREOF, the Grantor has caused its name to be subscribed by the President of the City Council and its official seal to be affixed, attested by its City Clerk, the day and year first abov written. [SEAL] ATTEST: Na City Cl , PUEBLO, A MUNICIPAL CORPORATION By , Presid nt of the City Council STATE OF COLORADO ) COUNTY OF PUEBLO ) ss. The foreg.-irg instrument —V acknowledged before r:.e this 15th day of October, 1996 by Fay B. Kastelic as President of the City Council and Gina Dutcher as City Clerk of Pueblo, a municipal corporation. Witness my hand and official seal. My commission expires: /� Notary Public J ACrr) " \U RAAI IOTBL�D GGDS\D HLD4. W PD !Nw® - 7 - 7 TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer : BONNIE OLIVIERI Title No. : 7562305 SR. ESCROW OFFICER Date : October 23, 1996 SELLER'S CLOSING STATEMENT Seller(s) : Pueblo, a Municipal Corporation Buyer(s) : Richmond Senior Housing, Inc., a Colorado non - profit Corporation Property: Vacant Ground Pueblo, Colorado 81003 Lots 1, Block 1, Richmond Sub DEBIT CREDIT Contract Sales Price ..................................... ............................... $15 60 00.00 PAYOFF PRORATIONS LENDER CHARGES: RESERVES TITLE CHARGES RECORDING FEES, TRANSFER TAXES ADDITIONAL CHARGES * * * ** SUB TOTAL 156,000.00 PROCEEDS DUE SELLER 156,000.00 $156,000.00 $156,000.00 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. Pueblo, a Municipal Corporation Broker BY Cz e By: FAY B. STELIC, PRESIDENT OF CITY, Transnation Title Insurance Company BY - By: BONNIE OLIVIERI GINA DUTNER, CITY CLERK REAL ESTATE TAX AGREEMENT Escrow No.: 7562305 It is hereby understood and agreed between the purchaser(s) and seller(s) of property known as: Vacant Ground Pueblo, Colorado 81003 that taxes for the current year have been adjusted as of this date as follows: BASIS FOR PRORATION PROPERTY WAS TAX EXEMPT THEREFORE NO PRORATIONS. 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) Richmond Senior Housing, Inc., a Colorado non - profit Corporation GUS F. SANDSTROM „RESIDENT BY SONIA CLARK, TREASURER Seller(s) Pueblo, a Municipal Corporation BY�� FAY KASTELIC, PRESIDENT OF CIT COUNCIL BY _ r'4 .� r 9. o n GINA D 1�CHER, CITY CLERK This agreement executed this 23RD day of OCTOBER, 1996. ESCROW NO.: 7562305