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).
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(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
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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
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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.
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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 _ —
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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.
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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.
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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