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HomeMy WebLinkAbout8068r RESOLUTION NO. 8068 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ANDREWS FAMILY LIMITED PARTNERSHIP RELATING TO THE HISTORIC ARKANSAS RIVERWALK PROJECT, THE GRANTING OF EASEMENTS AND ACCEPTING A DEED WITH RESPECT THERETO AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement between the City of Pueblo and Andrews Family Limited Partnership and Easement incorporated therein, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. The President of the City Council is authorized to execute and deliver in the name of the City the Agreement and Easement, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2 The Warranty Deed from Andrews Family Limited Partnership conveying title to real property therein described to Pueblo, a Municipal Corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and accepted. INTRODUCED: March 24, 1997 ATTEST: City Cl By Samuel Corsentino Councilperson APPROVED: President o he Co Council AGREEMENT THIS AGREEMENT made and entered into as of March 24, 1997, by and between the City of Pueblo, a Municipal Corporation (the "City ") and Andrews Family Limited Partnership, a Colorado Limited Partnership (hereinafter referred to as "Donor "). WITNESSETH: WHEREAS, Donor is willing to make a gift to the City of the real property described in Exhibit "A" attached hereto and incorporated herein by reference (the "Property ") for right -of -way and other uses in connection with the Historic Arkansas Riverwalk Project ( "HARP "); and WHEREAS, City is willing to accept such gift upon the terms and conditions contained herein; NOW, THEREFORE, in consideration of the foregoing and the covenants and agreements set forth herein, Donor and City agree as follows: 1. Donor will transfer and convey title to the Property to City by execution and delivery of a warranty deed to City in a form to be approved by the City Attorney. City will accept such warranty deed. 2. In order to maintain accessibility of Donor's remaining property to public streets and highways and mitigate the impacts of grade changes caused by HARP to Donor's remaining property, City will: (a) regrade and repave the parking lot presently located upon Donor's remaining property adjacent to the Property in such a manner as to allow reasonable vehicular access; and (b) grant to Donor a non - exclusive easement over a 21 foot wide strip of City - owned land for use as parking, in accordance with the Easement Agreement attached hereto as Exhibit "B "; and (c) cause the northerly 3 foot of said 21 foot non - exclusive easement and adjacent 18 foot wide strip of Donor's property to be paved for parking. 3. Donor represents and warrants that (a) Donor has not conducted any activities upon the Property involving the use, disposal, generation, manufacture, transport or storage of any hazardous or toxic substance, (b) that Donor is not aware of any information indicating a presence, release or threatened release of any hazardous substance or petroleum -based substance upon, under or adjacent to the Property, (c) that Donor has received no information concerning, and has no awareness of, the existence of any underground storage tanks upon the Property, (d) that Donor has no awareness of any solid waste disposal activities having occurred upon the Property, (e) the Property is not presently subject to any federal, state or local "superfund" lien, proceedings, investigations, claims or action for cleanup, removal or remediation of any hazardous substance, and (f) that Donor has fully disclosed to City all adverse environmental information of which Donor is aware concerning the Property. 4. Donor shall be responsible for payment of all general property taxes assessed against Property through the date of transfer of title. 5. This Agreement and all rights and obligations of the parties shall be governed exclusively by and construed and enforced according to the applicable laws of the State of Colorado. 6. This Agreement expresses the entire understanding of the parties and incorporates all prior dealings and covenants with respect to the subject matter of this Agreement and may not be amended except in writing signed by the City and Donor. 7. All the representations, agreements and warranties of the parties contained herein shall survive closing and transfer of title to the Property to the City. 8. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 9. Each party represents and warrants to the other party that no real estate broker or agent is involved in the transaction contemplated by this Agreement and that no commission, finder's fee or other compensation is or will be payable to another person or entity as a result of or arising out of the transaction contemplated by this Agreement. Executed at Pueblo, Colorado, the day and year first above written. Attest:_ City C&rk PUEBLO, A MUNICIPAL CORPORATION By President o he ity Council DONOR: ANDREWS FAMILY LIMITED PARTNERSHIP ene Partner J: \CITY\PLANNING \I IARP\ANDU W S \DONORS. WPD -2- - 4ee- option #: 1163053 Date: 04/01/1997 Time: 1008 Book: 2983 Page: 367 Chris C. Munoz Inst: WD R Fee: 10,00 D Fee: 0.00 SC: 1.00 Pg: 1 of 2 Pueblo Co.Clk. &Rec. WARRANTY DEED w THIS DEED, Made this l f day of 1h f9 iZ C 19 97 between Andrews Family Limited Partnership, a limited partnership )CXV kM duly organized and existing under and by virtue of the laws of the State of Colorado grantor, and Pueblo, a municipal corporation duly 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 inconsideration of the sum of Ten Dollars and other good and valuable consideration RR"Ns° 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, its successors 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 aeibftNV, on Exhibit "A" attached hereto and incorporated herein Documentary Fee: None, exempt. also known by street and number as: 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 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, its successors and assigns forever. And the grantor for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, its successors and assigns, that at the time of the ensealing and delivery of these presents, it 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 aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, incumbrances and restrictions of whatever kind or nature soever, except easements, restrictions, reservations, covenants of record, and general taxes for the year 1997 and subsequent years. The grantor shall and will WARRANT AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof. IN WITNESS WHEREOF, The grantor has caused its corporate name to be hereunto subscribed by its president, and its corporate seal to be hereunto affixed, attested by its secretary, the day and year first above written. Attest: ANDREWS FAMILY LIMITED y ene 1 Pa tr STATE OF COLORADO, l ss. County of Pueblo 1 The foregoing instrument was acknowledged before me this 1 Ct�� day of l" xa�C� 1 97 by George A. Andrews as Pm*7I<xrA General Partner O "' ,,t.utt +,t � t �' f:� \ �, ndrews Family Limited Partnership, a Colorado Limited P�i'xrte- r -s`!`. My commission expires \—vq� t V Witness my hand and official seal. Notary Poblic % ..,. *If in Denver, insert "City and ". Name and Address of Person Creating Newly Created Legal Description (§ 38 -35- 106.5, C.R.S.) No. 767. Rev. 6 - 92 . WARRANTY DEED (Corporation to Corporation) Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 8 -93 — Exhibit "A" A t of Plor:l, I C)() in the former lown of So►rth PijoHo, nr)w n part of the ('.ity of Puehln, n(.c.r)rdinct to the rec( )rdf -(I plot thereof and flint portion of the vncofed alley ndjncent then oto and beinq mare particularly desc,r ihed n s follows: (�r)nslderinq the centerline of Mnin Street between l) Street (11)d City Hall Ploc P t () bear N.4447'1 1"F-. mid ()It heor ings c�nt�)ined herein beinq relative thereto. Reginning at the intersection of the Sot.rthwestorly levee line of the Channel of the Arkansas River, cis e tohlished by Ordinance No. 446 ( the City of Puphlo recorded in Roof, , 568 nt Page 187 of the Pueblo County records and the `10t►thensterly right –of - -woy line of Main Street, as, platted in said South Pueblo; thence S.53 ° 58'24 "F., along said levee line, o distance of 205.60 feet; thence N, 75 °27'2 0 "W. n distance of 73.90 feet; thence N.56 "40' 1 1 "W., n distance of 142.02 feet to the said Southeasterly right- - -of- -way line of Main Street; thence N.44 ° 47' 1 1 "F:., along said right of -- w(ry line, a distance of 31.90 feet to the Point of Beginning. Book: 2983 Page: 368 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. Reception #: 1163052 Date: 04/01/1997 Time: 1006 Book: 2983 Page: 364 Chris C. Munoz Inst: EASE R Fee: 15.00 D Fee: 0.00 SC: 1.00 Pg: 1 of 3 Pueblo Co.C1k.&Rec. EASEMENT THIS EASEMENT granted this o1 `F / day of Al&ke �i 19 VT by Pueblo, a Municipal Corporation, hereinafter referred to as "Grantor ", to Andrews Family Limited Part nership , hereinafter referred to as "Grantee" WITNESSETH: FOR AND IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable consideration paid to Grantor by the Grantee, receipt of which is hereby acknowledged, and other good and valuable consideration, Grantor does hereby grant to Grantee a twenty -one (2 1) foot wide non - exclusive easement for use by Grantee for a motor vehicle parking area through, over, under and across the following described lands of Grantor situated in Pueblo County, Colorado: Refer to Attached Exhibit "A" TO HAVE AND TO HOLD said nonexclusive easement unto Grantee subject and subordinate to easements, restrictions and reservations of record and subject to Grantor's full use and occupancy of the above described property for parking and Grantor's other uses, provided such use and occupancy by Grantor does not unreasonably interfere with the rights herein granted. And Grantee shall have the right to enter upon such lands of Grantor to such extent as Grantor and Grantee mutually agree is necessary to survey, construct, maintain, operate, repair, replace, control and use said parking area, provided none of the foregoing activities unreasonably interferes with the activities of Grantor. PROVIDED, HOWEVER, that if the parking use by Grantee is abandoned or the use of same for parking completely ceases for a period of 12 consecutive months, said easement shall thereupon terminate and be automatically extinguished and Grantee shall cause an acknowledgment of termination of Grantee's rights herein granted to be recorded in the public records of Pueblo County. Grantee acknowledges and agrees that in no event will it locate, erect or cause to be located or erected any building, mobile trailer unit, or any other structures upon said easement. Grantee agrees that it shall not install any pavement, curbing, gutters, or other similar inprovements upon said easement without first obtaining approval for same in writing from Grantor. Grantee agrees to indemnify and hold harmless the Grantor from any and all claims, expenses, liabilities, loss, or damage to property or injury to or death of persons, caused by or arising out of the construction, installation, maintenance, or use of the easement hereby granted. PUEBLO, a Municipal Corporation A By "- -- President o the C' y Council r. City le COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowledged before me in Pueblo County, Colorado this 24th day of March , 19_U by Cathy A. Garcia as President of the City Council and by Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: 8 -21 -99 No ry Public Lorene M. Santi stevan ACCEPTANCE Andrews Family Limited The foregoing Easement is hereby accepted by Partnership , in accordance with its terms. Grantee: i Title: COUNTY OF PUEBLO ) ss. STATE OF COLORADO ) Andrews Family Limited, Partnership J, aved(Z6:� 1110 Title: General Partner The foregoing Acceptance was acknowledged before me this G day of I3 *M 1997by George A. Andrews as ge—z l partner of Andrews .Family Limited Partnership. Witness my hand and official seal. My commission expires: [SEAL) r�7 Y Notary Public'' Book: 2983 Page: 365 Chris C. Page: 2 of 3 Pueblo CO.Clk.Munoz -2- Parking Easement Andrews Produce, Inc. Exhibit "A" An easement located across portions of Lots A, B, C and D in the Trackage Subdivision, a resubdivision of Lots 14, 15 and 16, Block 70, South Pueblo, according to the Amended Plat thereof, and across a portion of Lot 17, Block 70, including the vacated alley lying adjacent thereto, in the former Town of South Pueblo, now part of the City of Pueblo, according to the recorded plat thereof, and being more particularly described as follows: Beginning at the intersection of the southeasterly right -of -way line of South Main Street with the southwesterly right -of -way line of vacated "E" Street; Thence southeasterly along the southwesterly right -of -way line of vacated "E" Street, a distance of 204.0 feet; Thence southwesterly and parallel with the southeasterly right -of -way line of South Main Street, a distance of 3.0 feet; Thence northwesterly and parallel with the southwesterly right -of -way line of vacated "E" Street, a distance of 28.0 feet; Thence southwesterly and parallel with the southeasterly right -of -way line of South Main Street, a distance of 18.0 feet; Thence northwesterly and parallel with the southwesterly right -of -way line of vacated "E" Street, a distance of 176.0 feet to a point on the southeasterly right -of -way line of South Main Street; Thence northeasterly along said southeasterly right -of -way line, a distance of 21.0 feet to the point of beginning. Book: 2983 Page: 366 Chris C. Munoz Page: 3 of 3 Pueblo Co.C1k.&Rec.