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HomeMy WebLinkAbout8768RESOLUTION NO. 8768 A RESOLUTION APPROVING CONTRACTS FOR THE PURCHASE OF LAND LOCATED WITHIN THE HONOR FARM PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: SECTION 1 The following Vacant Land Contracts To Buy And Sell Real Estate (the "Contracts"), copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby ratified, confirmed, and approved: (a) Contract dated May 14, 1999 between Pueblo, a Municipal Corporation, as Buyer and Palma M. Datz, Kay M. Mulay, and Mary Jo Purkey, as Sellers, and (b) Contract dated May 14, 1999 between Pueblo, a Municipal Corporation, as Buyer and Young Men's Christian Association of Pueblo, Colorado, as Sellers. SECTION 2: The City Manager or his designee is hereby authorized to execute and deliver any and all documents necessary or required for the closing of the sale and purchase of the land described in and contemplated by said Contracts. SECTION 3 Funds in the amount of $364,000 are hereby appropriated out of Account No. 02 -1998- 306 -0 -40 -1115 for the purchase of the lands described in the Contracts. INTRODUCED July 26. 1999 Im .I: ATTESTED BY: - 01�— C S�l CIV CLERK Council Agenda TITLE: A RESOLUTION APPROVING CONTRACTS FOR THE PURCHASE OF LAND LOCATED WITHIN THE HONOR FARM AGENDA ITEM # DEPARTMENT: PLANNING & DEVELOPMENT DATE: JULY 26, 1999 ISSUE: Should the City Council approve the two attached Vacant Land Contracts to Buy and Sell Real Estate ( the "Contracts' involving the purchase of land located within the Honor Farm? BACKGROUND: The City is committed to acquire private properties located in and around the Honor Farm under a Great Outdoors Colorado Open Space Grant which was received and approved (Resolution No. 8303) on December 27, 1997. The awarded grant amount is $350,000 with the City providing a cash match of $250,000, totaling $600,000 for the project. The first "Contract" is dated May 14, 1999 between Pueblo, A Municipal Corporation, as Buyer, and Palma M. Datz, Kay M. Mulay and Mary Jo Purkey, as Sellers, in the amount of $106,200. The second "Contract" is dated May 14, 1999 between Pueblo, A Municipal Corporation, as Buyer, and Young Men's Christian Association of Pueblo, Colorado, as Sellers, in the amount of $257,790. Purchase price for the property was determined by an appraisal report from Colorado Realty Reports, dated April 16, 1999. The City Attorney has approved as to form both "Contracts." RECOMMENDATION: Approval of the Resolution. FINANCIAL IMPACT: Funds in the amount of $364,000 are appropriated out of Account No. 02- 1998- 306 -0 -40 -1115. Great Outdoors Colorado will transfer their portion of the funds to the City at the time of closing on the properties. The printed portions of this form have been approved by the Colorado Real Estate Commission. (CBS 5C -9 -95) THIS FORM "As IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX OR OTHER COUNSEL BEFORE SIGNING. VACANT LAND /FARM AND RANCH CONTRACT TO BUY AND SELL REAL ESTATE (FINANCING SECTIONS OMITTED) May 14 t9 99 1. PARTIES AND PROPERTY Pueblo, a Municipal Corporation , buyer(s) [Buyer], (p pQ}apgt�glPMNQQk agrees to buy, and the undersigned scller(s) [Seller], agrees to sell, on the terms and conditions set forth in this contract, the following described real estate in the County of Pueblo , Colorado, to wit: the real property described in the attached Exhibit "A" (subject to correction after receipt of Title Documents and Survey) known as No. stale together with all interest of Seller in vacated streets and alleys adjacent thereto, all casements and other. appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded (collectively the Property). Z? LIl'9CLtL9il>115 Li176I{)NSXxRKp4FEGQDB EK7tdUTde]CafCdif�C93 Mr3hK(] Q�iMf4t)lfd[Xt8Cd6ff2G7QC§Xtia- 2t3C6�6�Qbe $CKr3G13(XpGffiil6}6$(lk]fl}faffiD� ' Jl`8Gffi Dft} fa�2LmiifXoRBGDf�9b66 @Effif�h7f�aX3{aXii@}{�gr}C)AC NC5( CIIImclls0b WXXi5t8f$QBIC.aaK f) 7D168p3G8C16? pMGC9hD4dfdi8 'J X0020QC90KaL2K9WOM K dir ]C#�lfdfr]L3GpEdt]CC�X19CmkOC 3yD455iZC36MC66[dgDC ffirj {OG}{�{t16Mt�FCtdC�iXdiiS(t�7[d f�KsffirlfS;r', Kitt{ �t15$C7i8bbfQ4t7SibC�[lK X x x x x xrx se pp�p:Cfr}C XdfAdt7qxdf}QtBIffit1frQnK66MdQ ] 61C1A51C7 4bfCf53COC9fo76ilCilfi6f�54f, X44d4} tlM��4t440dQ6�Lti}( �dfrMiXb6ffi�SC 'Jdt13�761Ib7Ct}Cs153hDgX ffit143fd4iYd�Xdf�dr�C16i1t�i �G9C6G�tQ( �t�R��ftT$ 1G>$ MdittX ,Xlgr (d) Water Rights. Purchase price to include the following water rights: All water rights appurtenant to or associated with or used in conjunction with the Property. (c) Growing Crops. With respect to the growing crops Scllcr and Buyer agree as follows: None THd��t640Eb(CkAGMdB}(Dftffit1Sdb� MOQbC061fr3et3�ilfc }CtAD[tYi']31tg8c7fa3tby�t7i 3dZfa7@ ilLMbax{ Ilslx�7b1e3ldIIUftffit} fu�baftiGgCdetuefil69it� &BEYxda2e866rnxdalxtYex �3faGDAt]Cai`,�a`q�ahDfx bisclQlsix�.I3xrx 6ejtlaaGlig7affitffi>at xrxatcl6ii�d Rafi�afdc 3. PURCHASE PRICE AND TERMS. The purchase price shall be s 2 5 7 s 7 9 0 . 0 0 , payable in U.S, dollars by Buyer as follows: (Complete the applicable terms below.) . (a) Earnest Money. $ 2 �0 0 0 _ 0 0 in the form of n l_7 V Pu V e r I c check as earnest money deposit and part payment of the purchase price, payable to and held by Gyl l Pr ' Vr& fi,3irKrKKU! x 3eQ0DDTfrD4S�WfId740tlst9dht17[ lldffiD4'b l' �BPOliC40i>, d2CtlW[ tlCDC9¢ 700006naC[GGIQOCp46g2G9i17D7tlte G49db¢dfd64L>$.x The balance of S 2 5 5. • 7 9 0 . 0 0 (purchase price less earnest money) shall be paid as follows: (b) Cash at Closing. s 255,790.00 plus closing costs, to be paid by Buyer at closing in funds which comply with all applicable Colorado laws, which include cash, electronic transfer funds, certified check, savings and loan teller's . check, and cashier's check (Good Funds). 9obicco dbe26rmtAtbe" DID 3eb[iII¢Q62d)iG687tgt.S�bK 3oatubatmct 2,12t19C ]!bSg4D1!g909678 � WQC DDCdUJCxo[ kaCp¢bc7tmn4�aDMaD>zt`�Um 8.7ttie � IKCC xrxdt la 184CdCBbbtbat:Ofl7dpg7G1lQf�ffiaC 50110 4. FINANCING CONDITIONS AND OBLIGATIONS. n / a FINANCING TERMS, CONDITIONS AND OBLIGATIONS, PERTAINING TO SECTIONS 3 AND 4, ARE ATTACHED BY REAL ESTATE COMMISSION APPROVED ADDENDUM AS FOLLOWS: (check as applicable) 0 New Loan 0 Assumption 0 Seller or Private Third -Party financing No. CBSSC - - 95. VACANT LAND /FARM AND RANCH CONTRACT TO BUY AND SELL REAL. ESTATE (Financing Sections Omitted) Bradford Publishing, 1743 Wam St., Dcnvcr, CO 80202 — (303) 292 -2500 — 2 -96 Page 1 of 4 rat *I 5. APPRAISAL PROVISION. (Check only one box.) This Section 5 PSshall ❑ shall not apply. If this Section 5 applies, as indicated above, Buyer shall have the sole option and election to terminate this contract if the purchase price exceeds the Property's valuation determined by an appraiser engaged by Buyer . The contract shall terminate by the Buyer causing the Seller to receive written notice of termination and a copy of such appraisal dKVdfdl0=bi6Cft t 31060ERvhich confirms the Property's valuation is less than the purchase price, on or before ei a t P o f r- 1 n c i n g (Appraisal Deadline). If Seller does not receive such written notice of termination on or before the appraisal deadline, Buyer waives any right to terminate under this section. 6. COST OF APPRAISAL. Cost of any appraisal to be obtained after the date of this contract shall be timely paid by Rrt yt r 7. NOT ASSIGNABLE. This contract shall not be assignable by Buyer without Seller's prior written consent. Except as so restricted, this contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 8. EVIDENCE OF TITLE. Seller shall furnish to Buyer, at Seller's expense, IHdM current commitment for owner's title insurance policy in an amount equal to the purchase price XdQlk4QlI�SCdtiMee JQOCIM. ffiDE04iXBtlQCdddltlECQ1La {Oid1]¢]1afQfon or before June 1 81 199 (Title Deadline). If a title insurance commitment is furnished, Buyer may require of Seller that copies of instruments (or abstracts of instruments) listed in the schedule of exceptions (Exceptions) in the title insurance commitment also be furnished to Buyer at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of the designated county or counties. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 8, constitute the title documents (Title Documents). Buyer, or Buyer's designee, must request Seller, in writing, to furnish copies or abstracts of instruments listed in the schedule of exceptions no later than 2 calendar days after Title Deadline xf11CG6C14DOkde96ldc@30sflSC0ldf gommhlnctx, Seller will pay the premium at closing and have the title insurance policy delivered to Buyer as soon as practicable after closing. 9. TITLE. (a) T'ille Review. Buyer shall have the right to inspect the Title Documents opQMHOCtRWritten notice by Buyer of unmerchantability of title or of any other unsatisfactory title condition shown by the Title Documents267lZT}C0QX shall be signed by or on behalf of Buyer and given to Seller on or before 40 calendar days after Title Deadline, or within five (5) calendar days after receipt by Buyer of any Title Document(s) or endorse- ments) adding new Exception(s) to the title commitment together with a copy of the Title Document adding new Exception(s) to title. If Seller does not receive Buyer's notice by the date(s) specified above, Buyer accepts the condition of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Buyer, on or before the Title Deadline set forth in Section 8, true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Buyer all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge. Buyer shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as an unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seiler or revealed by such inspection shall be signed by or on behalf of Buyer and given to Seller on or before c9 ; t a n f r l n c i n a , m-. If Seller does not receive Buyer's notice by said date, Buyer accepts title subject to such rights, if any, of third parties of which Buyer has actual knowledge. (c) Special Taxing Districts. SPECIAL TAXING DISTRICTS MAYBE SUBJECT TO GENERAL OBLIGATION INDEBTEDNESS THAT IS PAID BY REVE- NUES PRODUCED FROM ANNUAL TAX LEVIES ON THE TAXABLE PROPERTY WITHIN SUCH DISTRICTS. PROPERTY OWNERS IN SUCH DISTRICTS MAY BE PLACED AT RISK FOR INCREASED MILL LEVIES AND EXCESSIVE TAX BURDENS TO SUPPORT TILE SERVICING OF SUCII DEBT WHERE CIRCUM- STANCES ARISE RESULTING IN THE INABILITY OF SUCH A DISTRICT TO DISCHARGE SUCH INDEBTEDNESS WITHOUT SUCH AN INCREASE IN MILL LEVIES. BUYER SHOULD INVESTIGATE TIIE DEBT FINANCING REQUIREMENTS OF 711E AUITIORIZED GENERAL OBLIGATION INDEBTEDNESS OF SUCH DISTRICTS, EXISTING MILL LEVIES OF SUCH DISTRICT SERVICING SUCH INDEBTEDNESS, AND THE POTENTIAL FOR AN INCREASE IN SUCH MILL LEVIES. In the event the Property is located within a special taxing district and Buyer desires to terminate this contract as a result, if written notice is given to Seller on or before the date set forth in subsection 9 (b); this contract shall then terminate. If Sellcr does not receive Buyer's notice by the date specified above, Buyer accepts the effect orthe Property's inclusion in such special taxing district(s) and waives the right to so terminate. (d) Right to Cure. IfSeller receives notice of unmerchantability of title or any other unsatisfactory title condition($) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate; provided, however, Buyer may, by written notice received by Seller, on or before closing, waive objection to said unsatisfactory title condition(s). 10. INSPECTION. X9�OE �ED4aCdEdG@fa f)> 6KbE}kYo}i Xu1f@falStGRrr1{Rrilplfrlf Z Xol3r}'e]folfr3Cdb3f{}feli $6($dGifE7670Xpk1t20 NkE2tdGrlfeXt}6dG3Spf" uyer or any designee, shall have the right to have inspection(s) of the physical condition of the Property XddXrEa sXH, at Buyer's expense. If written notice of any unsatisfactory condition, signed by or on behalf of Buyer, is not received by Seller on or before date o f C 1 O S i ng �3 - (Objection Deadline), the physical condition of the Property%=Cda"Af shall be deemed to be satisfactory to Buyer. If such notice is received by Seller as set forth above, and if Buyer and Seller have not agreed, in writing, to a settlement thereof on or before CIA t e o f r 1 o s i n , 1q (Resolution Deadline), this contract shall terminate R1'eoti 66135](MAlblfoXe4 the Resolution Deadline; unles0W5[K0feJN3[3Ed=HX4Z Seller receives written notice from Buyer waiving objection to any unsatisfactory condition. Buyer is responsible for and shall pay for any damage which occurs to the Property and Inclusions as a result of such inspection. 11. DATE OF CLOSING. The date of closing shall be 71 10 19 or by mutual agreement at an earlier date. The hour and place of closing shall be as designated by Ru yt? r 12. TRANSFER OF TITLE. Subject to tender or payment at closing as required herein and compliance by Buyer with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient QP n r a l warrant deed to Buyer, on closing, conveying the Property free and clear of all taxes except the general taxes for the year of closing, and except non(: Title shall be conveyed free and clear of all liens for special improvements installed as of the date of Buyer's signature hereon, whether assessed or not; except (i) distribution utility easements (including cable TV), (ii) those matters reflected by the Title Documents accepted by Buyer in accordance with subsection 9(a), (iii) those rights, if any, of third parties in the Property not shown by the public records in accordance with subsection 9(b), (iv) inclusion of the Property within any special taxing district, and (v) subject to building and zoning regulations. 13. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before closing from the proceeds of this transaction or from any other source. 14. CLOSING COSTS, DOCUMENTS AND SERVICES. Buyer and Seller shall pay, in Good Funds, their respective closing costs and all other items required to be paid at closing, except as otherwise provided herein. Buyer and Seller shall sign and complete all customary or required documents at or before closing Fees for real estate closing services shall not exceed s 300 and shall be paid at closingu one-half by Buyer and one -half by Seller. No. CBS5C -9 -95. Page 2 of 4 Iolthl aa:�rxotraxuc>,�afac a�� af ae�aofa� .xaptfce�ostuoou�a�lcaf�ocur�c x �natxnxcatrxa�cs ,at 1fc]�i�dG4G3tit7flrk'76 15. PRORATIONS. General taxes for the year ofclosing, based on the taxes for the calendar year immediately preceding closing, rents, water and sewer charges, owner's association dues, and interest on continuing loan(s), if any, and shall be prorated to date of closing. 16. POSSESSION. Possession of the Property shall be delivered to Buyer as follows: n n r7 a t P o f e 1 n G i n g subject to the following Ieasc(s) or tcnancy(s): none If Seller, after closing, fails to deliver possession on the date herein specified, Seller shall be subject to eviction and shall be additionally liable to Buyer for payment of S 200 per day from the date of agreed possession until possession is delivered. 17. CONDITION OF AND DAMAGE TO PROPERTY. Except as otherwise provided in this contract, the Property and Inclusions shall be delivered in the condition existing as of the date or this contract, ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casualty prior to time of closing, in an amount of not more than ten percent of the total purchase price, Seller shall be obligated to repair the same before the date of closing. In the event such damage is not repaired within said time or if the damages exceed such sum, this contract may be terminated at the option of Buyer. Should Buyer elect to carry out this contract despite such damage, Buyer shall be entitled to credit for all the insurance proceeds resulting from such damage to the Property and Inclusions, not exceeding, however, the total purchase price. Should any Inclu- sion(s) or scrvice(s) fail or be damaged between the date of this contract and the date of closing or the date of possession, whichever shall be earlier, then Seller shall be liable for the repair or replacement of such Inclusion(s) or scrvice(s) with a unit of similar size, age and quality, or an equivalent credit, less any insurance proceeds received by Buyer covering such repair or replacement. The risk of loss for any damage to growing crops, by fire or other casualty, shall be borne by the party entitled to the growing crops, if any, as provided in Section 2 and such party shall be entitled to such insurance proceeds or benefits for the growing crops, if any. 18. TIME OF ESSENCE /REMEDIES. Time is of the essence hereof. Ifany note or check received as earnest money hereunder or any other payment due hereunder is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF BUYER IS IN DEFAULT: (Check one box only.) ❑ (1) Specific Performance. Seller may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be forfeited and retained on behalf of Seller, and Seller may recover such damages as may be proper, or Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. 29 (2) Liquidated Damages. All payments and things of value received hereunder shall be forfeited by Buyer and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subsection (c)) are SELLER'S SOLE AND ONLY REMEDY for Buyer's failure to perform the obligations of this contract. Seller expressly waives the remedies of specific performance and additional damages. (b) IF SELLER IS IN DEFAULT: Buyer may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned and Buyer may recover such damages as may be proper, or Buyer may elect to treat this contract as being in full force and effect and Buyer shall have the right to specific performance or damages, or both. (c) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any arbitration or litigation arising out of this contract, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 1R7434][Qt>36� 7Y4f) 34 1�C�IN ,@lf'iYi.X)dYDSt+'jfh6t10 tdOlgT N[1C4D[0[OGI11402464b] SCQU34?FK Rl}!?4C 70II4 $ddCC 1�C4{di�5 7944 bG7C7C 4[ 7d)4 A6' DDAS CQ44odHCQIICditOC 1GQ47t1I 074 7�P094t)7 D14C4�9td4ffi 3G 444P7C4C2@9S4C,C444t 0[dGSC DA 4tQ9 C417040at l0 Mt}p�04 of OCXQ474'➢[h4P014•X cw44c4ac4anmaxpcc4G4bioes4tlis44hsaNcakas uadsrsbf> 7a1 ¢a47dod4a>�o4nmdnc4ctxtx�cla� x19��axaw��ad14004svoecmxtx b�c[ �rXa4tacuQ�aeclx' x�ataflxaas�sarocCr sxi4taa4cuc4cia�oo�: atlx�i4sQaah�4l�i [rmcanaaa�a®xdfi�caf 74dQCas44r�c>�u47f,5ccarQO4a[�c Atasrbou> uauxbchatla�cxv�4x�rllxaoa�74oAxol�u�h�s4f�x 7¢� 74ta.tc>f tl�axs4�1z6fB�s �u7tic�D[M �DtnoXOS4t x x1341G Spa4aCn4scocrRUWP 2o7G4aucsat>S��4ttC6�o4c 1csaCts�,�ac D� aBaYbEdE4t� ktx�aa�lxxaar s¢ spxaor> A�1atls �tp[ acaa4x9acfoGattctro[ snD¢ cdaUx7cu414aco4nxlG�nCS 3Glcl�iiDmawcxGt}41g17fr �GP�> ��Dfaoxta¢ caDUrrr7suaxrl�naf, �aaccgo44be> rrna74oiocecu4: tG�a�4mcC4�xoalxtcxflfaar�atadaa�xi7acaatQaoxrm >st»�a'>Qicsi� r4 u4�cafipt7taas4oexams4ry4a�tencax} o�aUfs4sseea4> acooa�G�ofaalxa¢ c�xitNrAsX�ncar t�[ �4ocof� }cscach4arrDS�a4pceWCSbau arwlaafac» tx�af�4cDfilcnax8ctxaa# ca4ce }a7�5e�am4svo4nacv4sc�tsoo. 21. ADDITIONAL PROVISIONS: (The language of these additional provisions has not been approved by the Colorado Real Estate Commission.) The covenants, provisions and conditions contained in the attached Addendum are incorporated herein as if set out in full. No. CBS5C -9 -95. Page 3 of 4 _ — luitial xca asoiwcc�twnari� ¢amc�max�amsua�ua cxs ; a � a� �---- xo a txl ��ta� a�xx��htcac��t�xx,� • xt.e�a�xa�af�,xts�aasaanta: I] b7�tlGtdS] E$ 4QLA' iR[ a3C 3f r34t7 fclCdGt}GDE114>I�EJ�}�iYSt�2G1E bi�1G?ft� 23. TERMINATION. In the event this contract is terminated, all payments and things of value received hereunder shall be returned and the parties shall be relieved of all obligations hereunder, subject to Section 19. } 4X} 6' K�A[' AR871I�Qi�2Ir1HI2U6R�lY�XxRb� ➢G6�OFdlcd� �GaikD4Q CcYs3GDR�v1[}(e2�t� Mpfr�r7Gt} 6dh�Q➢ Ssi2Eir3fiiKy�fclGDtXtKDfr} plg�io4k► �Yybr�G7fta[ t7T} G2fc7fiPbKsKt] f] G7GZ41i0�blb�6t 'S$(tdi6Git?W�c7fc�{ s�y$3ETf3bi16dGtafr3G#GYcX zkX�A: CECKI: �IRxxmoptaoli¢ 9co€ AU9aw�tOborr�ceUeadpDOUxarti�x�opsAnyracor.: C] tt> is]¢ac]s�a�4ratx ®xxCCttt�lntamq scnaxxaom�ox 2kx�XtfxSe@ �sa9tstl3ttxxrtosrxatix�[ asMmr�ulldaccabceoxadnoncocot�ttDaocscslsxtxDdstltt�Xlet >¢� 27. MODIFICATION OF THIS CONTRACT. No subsequent modification of any of the terms of this contract shall be valid, binding upon the parties, or enforceable unless made in writing and signed by the parties. 28. ENTIRE AGREEMENT. This contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written, have been merged and integrated into this contract. 29. NOTICE OF ACCEPTANCE: COUNTERPARTS. This proposal shalt expire unless accepted in writing, by Buyer and Seller, as cvi• �..._._- dcnced by their signatures below, and the offering party receives notice of such acceptance on or before May 31 -- '` 19 99 (Acceptance Deadline). If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. Pueblo, a Municipal Corporation Bu Buyer - City Manager BY _ Date of Buyer's signature , 19- Date of Buyer's signature Ma y � y , 19 9 9 Buyer's Address 1 City Hall Place, Pueblo, CO 81003 Young Men's Christian Association of Pueblo, C to do B Sclkr Seller V I " Title: lam, Q Date of Seller's signature 19 - Date of Sellers signature 19 Sellces Address 700 North Albany Ave., Pueblo, CO 81003 The undersigned Broker(s) acknowledges receipt of the earnest money deposit specified in Section 3, and Selling Company confirms its Broker Relationship as set forth in Section 24. Selling Company By: Si , 1 Signature Date Listing Company Name and Address By 19 Signature Dale NOTE: Closing Instructions should be signed at the time this contract is signed. No. CBS5C -9 -95. Page 4 of 4 EXHIBIT "A" P arcel The SWl/4 SW 1/4 of Section 28, Township 20 South, Range 65 West of the 6th P.M.; Parcel B Blocks 2 to 12 inclusive, in Greenwood Heights, a subdivision in the North 1/2 of Section 32, Township 20 South, Range 65 West of the 6th P.M., together with all adjacent vacant streets and alleys, Less a tract sold to USA in instrument #662086, Less and Except Railroad Right of Way; Parcel C: That part located north of the ditch in the SWIA NW1 /4 of Section 33, Township 20 South, Range 65 West of the 6th P.M.; P arcel D: SE1/4 NE1 /4 of Section 32, Township 20, Range 65 West of the 6th P.M., Less RR, and Donley Tract of 25.6 Acres more or less, AND that part lying North of RR, Less Ditch, NEIA SE1 /4 of Section 32, Township 20 South, Range 65 West of the 6th P.M.; Parcel E: All of Block 1, Greenwood Heights and vacated streets and alleys adjacent to Block 1; All in the County of Pueblo, State of Colorado ADDENDUM TO VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE DATED MAY 14, 1999 — BUYER, PUEBLO, A MUNICIPAL CORPORATION CONTINUATION OF SECTION 21 (a) Title Insurance The title insurance referred to in Section 8 shall be issued on the ALTA 1987 Owner's Form, amended 10/17/92 with st:uidard printed exemptions 1, 2, 3 and 4 deleted. (b) Hazardous Materials Seller represents and warrants to Buyer that (1) the Property has never been used as a landfill or solid waste disposal site, (2) no hazardous substance or other toxic material is present in, on, or under the Property, and (3) there are no underground storage tanks on the Property and all previously removed underground storage tanks have been removed in accordance with applicable law. (c) Defects There is no condition with respect to the Property, or any part thereof, which violates any law, rule, regulation, code, order, decree or ruling of any city, county, state or federal government, agency or court. Seller has not received notice, written or otherwise, from any governmental or quasi - governmental agency requiring the correction of any condition with respect to the Property, or any part thereof Seller has not received notice of, or has no other knowledge or information of, any litigation or condemnation action with respect to the Property, or any part thereof. (d) Brokers Seller agrees to indemnify and hold Buyer harmless from any and all brokers' and sales agents' fees and commissions, and for all costs and expenses, including reasonable attorney fees, incurred in connection with any claim for any such fees or commission, except as to brokers or agents with whom Buyer has contracted directly. (e) Contingencies This Contract and Buyer's performance hereunder are contingent upon Buyer's satisfaction in the exercise of its sole discretion, with each of the following conditions: 1. The approval of this Contract and transactions contemplated herein by Resolution of the City Council of Seller. 2. The approval of this Contract and transactions contemplated herein by The State Board of the Great Outdoor Colorado Trust Fund. 3. Buyer's receipt of a land survey satisfactory to Buyer. 4. Buyer's receipt of a Phase I environmental assessment satisfactory to Buyer. 5. Buyer's receipt of an appraisal satisfactory to Buyer. (f) Notices Any notices hereunder shall be deemed received when delivered personally to the Seller or to Thomas E. Jagger on behalf of Buyer, or upon deposit thereof with the United States Postal Service, postage prepaid, certified mail, addressed (1) if to Seller: Young Men's Christian Association of Pueblo, Colorado 700 N. Albany Avenue, Pueblo, Colorado, 81003. (2) if to Buyer: Thomas E. Jagger, City Attorney, 127 Thatcher Building, Pueblo, Colorado, 81003. (g) Survival All representations, warranties and covenants contained in this Contract and Addendum shall survive the closing and conveyance of title hereunder and remain enforceable thereafter. ate T 1- I _ Fa 1 / ,\ 1 _ 3 • � I _ 480 I �i _u_I!'_�. __�...... —!__•— .._.L_._ — ' - j r r Athletic : - r Fields 1 • I �� �� • 111 r . ' C J • r 4 k � Hy d+• I's i � 1 ' P u O �- - Sch N' 9. rHM 410 ✓YYlT.. E �C�� . - enn as i NOLAN G in Ste Ap I -- i4. g 6 g GRANT _ I , f it tM j, Pit Gravel GRAD C J 31 i h trn tt C,o PD i Pit fiahc — �,� n 1 •.T„vt•+o L�0 - -.e-,_ �,�. _ . �J_ 11 _. .� =�_f - - i, �5c i_ 1 J oy , o } I 1 � �;�„ c �� by -� , ,-� - �_ ; I : �._;._�., � ,.Y.__- - -- -- - -• •�- j} T ` ( , Stn' / gM �_ City P,arl\ I 1 S rave. X - i i !_ .. - -- J D. or l —� I Ir \ \4� c / r\ `� I Ilor leshoe z ? Area' — / /,' ' r _ � —lj 4850 t 5, l - - _ r t1 =•� ��� ��•I �\\ \� `� � + � Goodnight I I_ _ - 'Jeffq .' M _ i' tl- r -- unicipal GravePP . ��oz rraar wt rz it 1_ir 1 _ ___ i , Golf Coutse Ave y / AL �� / �� ', � , 1 J � � _• i I � ', o, � ✓' I l If � � j i ( ` Plaimi 1 C • - � \ �'_— � �' W R 65 W 42' 30" 5 26 (SOUTHWEST PUEBLO) 528 40' 00•r t.OMI. TO COLO. 78 531 c-a•J• P� 17 '71t� �ZS SCALE 1:24 000 e!, r Primnry hinh,.. 1291798 08/02/1999 11:24A WD Chris C. Munoz 1 of 1 R 3.00 D 0.00 Pueblo Cty Clk & Rae. W A R R A N T Y D E E D THIS DEED, Made this 30TH day of JULY, 1999 between PALMA M. DATZ and KAY M. MULAY and MARY JO PURKEY of the County of Pueblo and State of Colorado, grantor, and PUEBLO, a Municipal Corporation whose legal address is 1 City Hall Place, 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 SIX THOUSAND TWO HUNDRED AND 00 /100, ($106,200.00) 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: All Blocks 13 through 24, Greenwood Heights, County of Pueblo, State of Colorado, a subdivision of the N1 /2 of the NE1 /4 and NE1 /4 of the NW1 /4 of Section 32, Township 20 South, Range 65 West, according to the recorded plat thereof ; together with an undivided 1/2 interest in and to a certain easement for ingress and egress as granted by instrument #154924, Book 1449,Page 194 EXCEPTING that portion sold to U.S.A. recorded November 23 1965 in Book 1582 at Page 951. also known by street and number as Vacant Ground, Pueblo, Colorado 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 1999 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 and 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. MARY /J PU EY PALMA M. DATZ KAi M. U AY STATE OF COLORADO } } ss. The foregoing instrument was acknowledged before County of Pueblo ) me this 30TH day of JULY, 1999 by PALMA M. DATZ and KAY M. MULAY and MARY JO PURKEY Witness m hand and official seal. My co sion expire ugust 11, 2001 NOTARY PUBLIC 627 North Main Street No. 932A. Rev. 7 -84 `!.: Pueblo, Colorado 81003 1291799 08/02/1999 11:24A WD Chris C. Munoz i of i R 3.00 D 0.00 Pueblo Cty Clk & Rec. W A R R A N T Y DE ED TRTC DEED. Made this 30TH day of JULY, 1999 between PALMA DATZ of the County of Pueblo and State of Colorado, grantor, and PUEBLO, a Municipal Corporation whose legal address is 1 City Hall Place, 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 SIX THOUSAND TWO HUNDRED AND 00 /100, ($106,200.00) 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: The E1 /2 vacated 7th Street and all remaining streets and alleys adjacent to Blocks 13 through 24 in Greenwood Heights, County of Pueblo, State of Colorado. also known by street and number as Vacant Ground, Pueblo, Colorado R TOGETHER with all and singular the hereditament s and appurtenances thereto belonging, or in anywise appertaining and the reversion and reversions, remainder and \" r, 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 1999 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 the quiet,and" peaceable possession of the grantee, hi'steirs and assigns, against / 11 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. STATE OF COLORADO } ) ss. The foregoing instrument was acknowledged before County of Pueblo ) me this 30TH day of JULY, 1999 by PALMA DATZ Witness my hand and official seal. My commie V on expires August 11, 2001 Z 11 NOTARY PUBLIC _ 627 North Main Street No. 932A. Rev. 7 -84 ,,�1' Pueblo, Colorado 81003 I �� /l ll,llll.n H•,. PALMA DATZ STATE OF COLORADO } ) ss. The foregoing instrument was acknowledged before County of Pueblo ) me this 30TH day of JULY, 1999 by PALMA DATZ Witness my hand and official seal. My commie V on expires August 11, 2001 Z 11 NOTARY PUBLIC _ 627 North Main Street No. 932A. Rev. 7 -84 ,,�1' Pueblo, Colorado 81003 I �� /l ll,llll.n H•,. 111111111111111111111111111111111111111111111111111 IN 1291797 08/02/1999 11:24A AFFI Chris C. Munoz 1 of 1 R 5.00 0 0.00 Pueblo Cty Clk 8 Rec. AFFIDAVIT Mary Jo Purkey, of lawful age being first duly sworn upon her oath, deposes and says: v That she, together with Palma M. Datz and Kay M. Mulay, are the owners of All Block 13 through 24, both inclusive, in Greenwood Heights, a subdivision of the N. '/2 of the N.E. 1/4 and N.E. 1/4 of the N.W. 1/4 of Section 32, in T. 20 S. of R. 65 W, according to the recorded plat thereof; together with an undivided' /2 interest in and to a certain easement for ingress and egress as granted by instrument No. 154924 filed in Book 1449 at Page 194, and Excepting that portion sold to U.S.A., in Book 1582 at Page 951, Instrument No. 311925, located in the County of Pueblo, State of Colorado. That she, together with the other owners of the real property described above, entered into a Vacant Land - Farm and Ranch Contract to Buy and Sell Real Estate dated May 14, 1992 with Pueblo, a Municipal Corporation, Buyer. There are no easements, liens, or other title matters not shown by the public records of which the affiant or the other sellers have actual knowledge. The real property owned by the sellers is not subject to any lease or tenancy and therefore there are no copies of any unrecorded leases or tenancies in the possession of the sellers. Further, sellers do not have copies of any surveys for the subject property. Further, affiant sayeth not. STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) IFF Acknowledged, subscribed and sworn to before me this _day of July, 1999, by Mary Jo Purkey. r _ My commission expires: n,2 - lg5"--3 wRINA f, < . r4 a , ;.' LIC " 1 1332123 09/29/2000 10 1 of 3 R 15.00 D 0.00 1 IN III ;01A WD Chris C. Munoz Pueblo C!y Clerk 8 Ree WARRANTY DEED THIS DEED, made this A- day of , 2000, between THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBL COLORADO, a Colorado non - profit Corporation of the County of Pueblo, State of Colorado, Grantor, and PUEBLO, a Municipal Corporation, of the County of Pueblo, State of Colorado, Grantee: W/TNESSETH, that the Grantor, for and in consideration of the sum of One Dollar and other good and valuable considerations, 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 heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the County of Pueblo, State of Colorado, described as follows: See Exhibit "A" attached hereto. 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, its heirs and assigns forever, and the Grantor, for itself, its heirs and personal representatives, does covenant, grant, bargain and agree to and with the Grantee, its heirs 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 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 for taxes for the year 2000 and subsequent years, rights or claims of parties in possession not shown by the public records, easements or claims of easements not shown by the public records, discrepancies, conflicts and boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records, and further subject to: Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded May 31, 1889 in Book 67 at Page 390; 2. Subject to the right of all owners of electric pole lines, pipe lines, and sewer lines now located or existing on said vacated streets and alleys to maintain, replace, repair, and operate same, with the appurtenances connected therewith, as if said streets and alleys had not been vacated, as contained in Resolution recorded May 17, 1965 in Book 1569 at Page 112; 3. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded October 24, 1888 in Book 62 at Page 431; 4. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded January 11, 1875 in Book 10 at Page 413; 5. Reservation of right of proprietor of any penetrating vein or lode to extract his ore, in U.S. Patent recorded September 5, 1879 in Book 26 at Page 547; 6. Any rights, interest, or easements in favor of the riparian owners, the State of Colorado, the United States of America, or the general Public, which exist, have existed, or are claimed to exist in and over the waters and present and past bed and banks of Arkansas River; 7. Right of Way of the West Pueblo Ditch; 8. Right of Way of the Denver and Rio Grande Railroad, Atchison, Topeka, and Santa Fe Railroad; 1111111111111111111 AIR 1111111111111111111 IN 1332123 09/29/2000 10:01A WD Chris C. Munoz 2 of 3 R 15.00 D 0.00 Pueblo Cl.y Clerk & Ree 9. Reservation of the right of way for one or more switches from the line of a right of way of the Pueblo and Arkansas Valley Railroad company or the tracts of the Atchison, Topeka, and Santa Fe Railroad Company, over and across said land to the stone lands as may be necessary for the convenient use and working of the stone quary there situate in Decree recorded March 26, 1901 in Book 212 at Page 513; 10. All existing roads, highways, ditches, utilities, reservoirs, canals, pipe lines, power, telephone or water lines, railroad rights of way, and easements therefor, including the necessary steel towers, poles, wires, guys, etc., over, under, across, and upon the said premises, together with the right to trim or cut down any trees which may interfere with the use of said easements, which are not of Public Record; 11. Lack of a right of access from the land to any open public road, street, or highway; 12. Terms, agreements, provisions, conditions, and obligations as contained in Agreement by and between The Pueblo and Arkansas Valley Railroad Company and George A. Newton recorded November 12, 1879 in Book 25 and Page 21; and 13. Easement, whether in fee or easement only, granted to Southern Colorado Power Company recorded June 20, 1956 in Book 1301 at Page 133. The Grantor shall and will WARRANT AND FOREVER DEFEND the above - bargained premises in the quiet and peaceable possession of the Grantee, its heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. above. IN WITNESS WHEREOF, the Grantor has executed this Deed on the date set forth STATE OF COLORADO ) ) SS. COUNTY OF PUEBLO ) THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO, a Colorado non - profit Corporation By Terry /Lock o dl'9fesident and CEO BY Donald J. Banner, Secretary The foregoing instrument was acknowledged before me this oZs day of .k, L%� , 2000, by Terry Lockwood as President and CEO and Donald J. Banner as Secretary of The Young Men's Christian Association of Pueblo, Colorado, a Colorado non - profit Corporation. Witness my hand and official seal. Notary Public My Comm. Exp. l I: \banner \don \ymca \quiet ti.tleMarranty.dee 11111111111111 11111111111111111111111111111111111 NI1 IN 13!52123 09/29/2000 10:01A WD Chris C. Munoz 3 of 3 R 15.00 D 0.00 Pueblo Ct.Y Clerk & Rec "EXHIBIT A" LEGAL DESCRIPTION Parcel 1: All of Blocks 1 through 12, Greenwood Heights, County of Pueblo, State of Colorado, a subdivision of the North 1/2 of Section 32, Township 20 South, Range 65 West of the 6th P.M., according to the recorded plat thereof EXCEPTING that portion sold to U.S.A. April 20, 1981 in Book 2069 at Page 835. Parcel 2: The W1 /2 of vacated 7th Street and all remaining streets and alleys adjacent to Blocks 1 through 12 in Greenwood Heights, County of Pueblo, State of Colorado. Parcel 3: SW1 /4SW1 /4 of Section 28, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, That part located North of the West Pueblo Ditch in the SW1 /4NW1/4 of Section 33, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, SE1 /4NE1 /4 of Section 32, Township 20 South, Range 65 West of the 6th P.M., AND that part of NE1 /4SE1/4 lying Northerly of the Pueblo and Arkansas Valley Railroad Company right of way described in Book 18 at Page 142, and except any portion within the right of way of West Pueblo Ditch in Section 32, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, EXCEPTING portions conveyed in instrument recorded in Book 18 at Page 142, in Book 283 at Page 391, in Book 1764 at Page 790 and in Book 2336 at Page 920. TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer: BONNIE OLIVIERI SR. ESCROW OFFICER Title No. 7569623 Date September 28, 2000 BUYER'S CLOSING STATEMENT Buyer(s): PUEBLO, a Municipal Corporation Property: Vacant Ground Seller(s): THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO, a Colorado non - profit Corporation Pueblo, Colorado 81003 Lengthly see commitment DEBIT CREDIT Contract Sales Price ..................................... ............................... $257,790.00 FROM GREAT OUTDOORS COLORADO .............................. ............................... 149,490.00 PRORATIONS COUNTY TAXES (BASED ON TOTAL $568.39).. 01/01/00 to 09/28/00 ..................... 422.01 LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE ................................... ............................... 100.00 TAX INFORMATION ( 10) ...................................... ............................... 150.00 EXPRESS MAIL CHARGES ...................................... ............................... 20.00 RECORDING FEES, TRANSFER TAXES WarrantyDeed ............................................ ............................... 15.00 ADDITIONAL CHARGES * * * ** SUB TOTAL 258,075.00 149,912.01 RECEIPT DUE FROM BUYER 108,162.99 $258,075.00 $258,075.00 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 BY yt� THOMAS E. JAGGER,(ZI -TY ATTORNEY Broker BY: Transnation Title Insurance Company By: BONNIE OLIVIERI TRANSNATION TITLE INSURANCE COMPANY 627 North Main Street Pueblo, CO 81003 (719) 543 -0451 Escrow Officer : BONNIE OLIVIERI SR. ESCROW OFFICER Title No. 7569623 Date September 28, 2000 SELLER'S CLOSING STATEMENT Seller(s) : THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO, a Colorado non-profit Corporation Property: Vacant Ground Pueblo, Colorado 81003 Lengthly see commitment Contract Sales Price ..................................... ............................... PAYOFF PUEBLO COUNTY TREASURER 1998 & 1999 TAXES #05- 330 -00- 015 ....... ............................... 30.41 1998 & 1999 TAXES #05- 320 -00- 003 ....... ............................... 269.6E PRORATIONS COUNTY TAXES (BASED ON TOTAL $568.39).. 01/01/00 to 09/28/00 ..................... LENDER CHARGES: RESERVES TITLE CHARGES REAL ESTATE CLOSING FEE ................................... ............................... OWNERS TITLE INSURANCE PREMIUM ............................ ............................... RECORDING FEES, TRANSFER TAXES RECORDING ................................................. ............................... ADDITIONAL CHARGES DEBIT CREDIT $257,790.00 300.09 422.01 100.00 1,114.00 10.00 * * * ** SUB TOTAL 1,946.10 PROCEEDS DUE SELLER 255,843.90 $257,790.00 The above figures do not include sales or use taxes on personal property. THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED. THE YOUNG MEN'S CHRISTIAN ASSOCIATION OF PUEBLO, COLORADO, a Colorado non - profit Corpora ion BY TERr LOC D - ,- PRESIDENT BY Stln 4l It I A DONALD J. BANNER,JSECRETARY Buyer(s) : PUEBLO, a Municipal Corporation Broker BY: Transnation Title Insurance Company By: BONNIE OLIVIERI 257,790.00 $257,790.00 TRANSNATION TITLE INSURANCE COMPANY POLICY OF TITLE INSURANCE SCHEDULE A Amount of Insurance: $ 257,790.00 Policy No.: 7569623 Date of Policy: September 29, 2000 at 10:01 A.M. up to and including Reception No. 1352123 1. Name of Insured: Pueblo, a Municipal Corporation 2. The estate or interest in the land described herein and which is covered by this policy is: FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: Pueblo, a Municipal Corporation 4. The land referred to in this Policy is described as follows: (SEE ATTACHED PAGE FOR LEGAL DESCRIPTION) TRANSNATION TITLE INSURANCE COMPANY Policy No.: 7569623 LEGAL DESCRIPTION Parcel 1: All of Blocks 1 through 12, Greenwood Heights, County of Pueblo, State of Colorado, a subdivision of the North 1/2 of Section 32, Township 20 South, Range 65 West of the 6th P.M., according to the recorded plat thereof EXCEPTING that portion sold to U.S.A. April 20, 1981 in Book 2069 at Page 835. Parcel 2: The W1 /2 of vacated 7th Street and all remaining streets and alleys adjacent to Blocks 1 through 12 in Greenwood Heights, County of Pueblo, State of Colorado. Parcel 3: SW1 /4SW1 /4 of Section 28, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, That part located North of the West Pueblo Ditch in the SW1 /4NW1 /4 of Section 33, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, SE1 /4NE1 /4 of Section 32, Township 20 South, Range 65 West of the 6th P.M., AND that part of NE1 /4SE1/4 lying Northerly of the Pueblo and Arkansas Valley Railroad Company right of way described in Book 18 at Page 142, and except any portion within the right of way of West Pueblo Ditch in Section 32, Township 20 South, Range 65 West of the 6th P.M., County of Pueblo, State of Colorado, EXCEPTING portions conveyed in instrument recorded in Book 18 at Page 142, in Book 283 at Page 391, in Book 1764 at Page 790 and in Book 2336 at Page 920. Page 2