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1317150 01/21/2000 09:23A RES Chris C. Munoz
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RESOLUTION NO. 8884
A RESOLUTION ACCEPTING A TRANSFER OF LAND FROM
DISTRICT 60 TO PUEBLO, A MUNICIPAL CORPORATION FOR
THE PURPOSE OF INSTALLING A RADIO RECEIVER /
TRANSMITTER
WHEREAS, the owner of real property has granted the transfer of land to the City of
Pueblo; and
WHEREAS, such land is needed for the purpose of installing a radio receiver / transmitter
for two way communications for the various City Departments.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO,
that:
Section 1
The land transfered by School District 60, a copy of the Quit Claim Deed which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved and accepted.
Section 2
The City Clerk is directed to cause said Easements to be recorded in the office of the
Pueblo County Clerk and Recorder forthwith.
INTRODUCED December 27
r� • B
�r
Y
t
Al Gurul
o ncilpers
;? APPROVED:
ATTEST: \—
bt-L-
1999
President of the Council
City Clerk
Council Agenda
TITLE: A RESOLUTION ACCEPTING A TRANSFER OF LAND AGENDA ITEM #
FROM SCHOOL DISTRICT 60 TO PUEBLO, A MUNICIPAL
CORPORATION FOR THE PURPOSE OF INSTALLING
A RADIO RECEIVER / TRANMITTER
DEPARTMENT: Public Works
ISSUE
DATE: Dec. 27, 1999
Should the City Council accept a transfer of land located at the Baca Elementary School site from School
District 60 for the purpose of installing a radio receiver /transmitter for two -way communications for the
various City Departments.
RECOMMENDATION
Approval of this Resolution
BACKGROUND
The two way radio service currently has a problem with reception in select areas along the eastern part
of the city. This site was selected because of its location and line of sight to the existing transmission
towers. An agreement has been prepared and signed by the School District regarding specific use
restrictions, etc. for this site.
FINANCIAL IMPACT
A land transfer consideration of ten Dollars ($10.00) we be paid to School District 60 from account No.
001 - 0130- 164- 000 - 030 -0012.
0
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AGREEMENT FOR THE PURCHASE AND SALE
OF REAL PROPERTY
Agreement made December 14, 1999, by and between Pueblo School District No. 60 (herein
"Seller ") and the City of Pueblo, a municipal corporation (herein "Purchaser ").
1. Sale Seller shall sell and convey, and the Purchaser shall purchase all of the real
property described in Exhibit "A," attached hereto and incorporated herein located in Pueblo County,
Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto
belonging or appertaining, all buildings, structures, fixtures, additions and improvements thereon,
and all adjacent vacated streets, alleys and public rights of way, if any (the "Property ").
2. Purchase Price The Purchase Price is Ten Dollars ($10.00) to be paid by Purchaser
to Seller at closing.
3. Liens and Encumbrances The Property is sold and will be conveyed free of all rights
of parties to or in possession.
4. Conveyance Title to the Property will be conveyed by Seller to Purchaser by quit
claim deed in proper statutory form duly executed, acknowledged and ready for recording, in the
form attached hereto as Exhibit "B."
5. Closing The date of closing shall be as determined by mutual agreement of Seller
and Purchaser but shall be no later than January 14, 2000. The time and place of closing shall be
designated by Purchaser.
6. Seller's Representations Seller represents and warrants:
(a) Seller has full power and authority to execute, deliver and perform this
Agreement and at closing all acts of Seller necessary and required for such execution, delivery and
performance of this Agreement will have been taken.
(b) There is not pending or, to the knowledge of Seller, threatened any suit, action
or proceedings against or affecting the Seller or the Property before or by any court, arbitrator,
administrative agency or other governmental authority that materially and adversely affect the
validity, as to the Seller, of any of the transactions contemplated hereby or the ability of the Seller
to perform its obligations hereunder or as contemplated hereby.
(c) Seller owns and at closing will convey title to the Property to Purchaser by
quit claim deed.
(d) No notice or requests have been received by the Seller from any insurance
company issuing any policy of insurance covering the Property requesting the performance of any
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work with respect to the Property which has not been fully complied with. Any such notices or
requests received prior to closing shall be fully complied with by the Seller at its expense prior to
closing.
(e) To the knowledge of Seller, the Property and its present use do not violate any
provision of any applicable building or fire code, federal or state environment or pollution control
law, or any other governmental statutes, rules, ordinances, orders, or regulations.
(f) Purchaser shall not become liable for or obligated to pay any broker's, finder's,
consultant's fees or similar fees in connection with the negotiation, execution or consummation of
this Agreement. All such fees shall be paid by Seller.
7. Purchaser's Representations Purchaser represents and warrants:
(a) The Purchaser is a municipal corporation duly organized, existing and in good
standing under the laws of the State of Colorado.
(b) The Purchaser has full power and authority to execute, deliver and perform
this Agreement and at the time of closing all acts of the Purchaser necessary for such execution,
delivery and performance of this Agreement will have been taken.
8. Seller's Duty to Perform Time is of the essence hereof and unless, at the time of
closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale,
transfer and conveyance provided herein to be made by them or otherwise to effectuate their part of
the purchase and sale herein provided:
(a) The representations and warranties set forth in paragraph 7 herein are, on the
date hereof and as of the time of closing, correct, subject to any change permitted herein or any
action approved by the Purchaser.
(b) The Purchaser has complied with its agreements to be performed herein by
it prior to the time of closing.
9. Purchaser's Duty to Perform Time is of the essence hereof and unless, at the time
of closing, the following conditions are satisfied, the Purchaser shall not be obligated to pay the
consideration as provided for herein or otherwise to effectuate its part of the purchase and sale herein
provided:
(a) The representations and warranties of the Seller contained herein shall be true
in all respects as of the time of closing as though such representations and warranties were then made
in exactly the same language and the Seller shall have performed all obligations and complied with
all covenants required by this Agreement to be performed or complied with by Seller prior to the
closing date.
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(b) The Seller has complied with its agreements herein to be performed by it prior
to the time of closing.
(c) The Purchaser shall have received the
(i) quit claim deed from the Seller,
(ii) a title insurance commitment in accordance with paragraph 12 of this
Agreement, and
(iii) Pueblo County Treasurer's certificate of personal and real estate taxes
and special assessments on the Property.
10. Termination This Agreement may be terminated upon written notice at any time
prior to closing by Purchaser or the Seller if there has been a material misrepresentation or breach
of warranty on the part of the other party in representations and warranties set forth in this
Agreement.
11. Possession Possession of the Property shall be delivered to Purchaser at closing.
12. Title Insurance Commitment At least 15 days prior to closing, Purchaser shall obtain
a commitment for a policy of title insurance ( "Commitment "), from a title insurance company
authorized to do business in Colorado, agreeing to issue to Purchaser, upon the recording of the deed
to Purchaser covering the Property, an ALTA owner's policy of title insurance for the Property in
such an amount as, in Purchaser's opinion shall be adequate to protect Purchaser's interest, in form
and content acceptable to counsel for the Purchaser, insuring marketable title to the Property in
Purchaser, without exceptions or exclusions, free and clear of all liens, charges, encumbrances,
equities of any nature, rights of parties in possession, assessments and taxes, except current year
taxes ( "Title Policy "). The expense of such title policy shall be paid by Purchaser.
13. Protect Income
(a) Purchaser acknowledges that the Property is being conveyed to Purchaser
pursuant to this Agreement at less than its fair market value for the purpose of serving public and
municipal purposes. Consequently, to the extent any lease by Purchaser to third parties for private
or commercial purposes or other non - public use of the Property generates unrelated income, the
parties agree to divide such unrelated income equally. For purposes of this paragraph 13, the phrase
"unrelated income" means gross income actually received by Purchaser from any private or
commercial use of the Property by third parties. The phrase "unrelated income" does not include
expenditures made by third parties for improvements to the Property. As an example, if the
Purchaser entered a contract with a wireless telecommunications company allowing that company
to erect, at its sole expense, a communications tower upon which municipal communications may
or may not also be located, and which provided for the company to pay rent to Purchaser, only the
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rent would constitute unrelated income to be divided between the parties.
(b) The provisions of this paragraph shall survive closing and be contractual
obligations enforceable in accordance with law.
14. Building_ Appearance Purchaser agrees that the exterior appearance of any building
constructed upon the Property shall be complementary to the appearance of the elementary school
located upon adjacent property owned by Seller. In order to implement this paragraph 14, prior to
constructing any building upon the Property, Purchaser shall submit an exterior design drawing
therefor to Seller's representative identified in paragraph 17 of this Agreement with a request for
approval. In the event Seller's representative does not respond to same within 14 days, Seller shall
be deemed to have granted such approval.
15. Enforcement Time is of the essence hereof and this Agreement may be specifically
enforced. In the event of any litigation arising out of this Agreement, the Court may award to the
prevailing party all reasonable costs and expenses, including attorney's fees.
16. Survival of Representations The respective representations, warranties, covenants
and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall
survive the time of closing.
17. Notice Any notice, request, instruction or other document to be given hereunder by
any party hereto to the other shall be in writing and shall be delivered personally or sent by certified
mail, postage prepaid; if to Purchaser, addressed to: City of Pueblo, Attention: City Manager, 1 City
Hall Place, Pueblo, Colorado, 81003, Attention: City Manager; and if to Seller, at Pueblo School
District No. 60, Attention: Associate Superintendent for Administrative Services, 315 W. 11th
Street, Pueblo, Colorado, 81003.
18. Expenses Each party hereto shall separately bear its expenses incurred in connection
with this Agreement and in connection with all things required to be done by each hereunder.
19. Entire Understandings This Agreement is entered into after full investigation, neither
party relying upon any statement or representation of the other not contained herein. This
Agreement contains the entire understanding of the parties hereto relating to the subject matter
herein contained and this Agreement cannot be changed or terminated orally.
20. Governing Laws This Agreement shall be governed by and construed in accordance
with the laws of the State of Colorado.
IN WITNESS WHEREOF, the parties have entered into this Agreement the day and year first
above written.
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PUEBLO SCHOOL DISTRICT NO. 60 CITY PUEBLO,
a Mu icral Corpor i
By � (� By � i Li
Jackl Pr sident of the City Council
reside t, Board of Education
for ool District No. 60 Attest:
City C k
Approved as to form:
4w —City Attorney ell
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LEGAL DESCRIPTION
A parcel of land in the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 28, T20S,
R64W of the 6th P.M. more particularly described as follows: commencing at the NW corner of the
North 1/2 of the SW 1/4 of the NE 1/4 of section 28 (Center North 1/16) east along said 1/16 line,
said line also being north line of vacated 18th Street (vacated by resolution of the Board of County
Commissioners of the County of Pueblo, recorded in Book 1376 at Page 531 of the records of Pueblo
County) a distance of 340 feet to the point of beginning. Thence east along said 1/ 16 line, said line
also being the north line of vacated 18th Street a distance of 60 feet; thence south perpendicular to
said 1/16 line a distance of 60 feet, thence west parallel to said 1/16 line, said line also being the
south line of vacated 18th Street a distance of 60 feet; thence north perpendicular to said 1/16 line
a distance of 60 feet to the point of beginning; together with a 20 -foot wide easement east from the
east line of the above described parcel along said North Right of Way of the vacated 18th Street to
the west Right of Way of Neilson Avenue for the purpose of ingress and egress, and for the
construction, operation, maintenance, repair and replacement of utility lines for electricity, natural
gas, water, sewer and telecommunications.
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QUIT CLAIM DEED
THIS DEED, made this 9r )#1 day of DoJ'Yl1' -y1 , 1999 between Pueblo
School District No. 60, of the first part, and City of Pueblo, a Municipal Corporation of the second part,
WITNESSETH, That the said party of the first part, for and in consideration of the sum of Ten
Dollars ($10.00) to the said party of the first part in hand paid by the said party of the second part, the receipt
whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT
CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party
of the second part, its successors and assigns forever, all of the right, title, interest, claim and demand which
the said party of the first part hath in and to the following described real property situate, lying and being
in the County of Pueblo and State of Colorado, to wit:
A parcel of land in the North 1/2 of the Southwest 1/4 of the Northeast 1/4 of Section 28, T20S,
R64W of the 6th P.M. more particularly described as follows: commencing at the NW corner of the
North 1/2 of the SW 1/4 of the NE 1/4 of section 28 (Center North 1/16) east along said 1/16 line,
said line also being north line of vacated 18th Street (vacated by resolution of the Board of County
Coin missioners of the County of Pueblo, recorded in Book 1376 at Page 531 of the records of Pueblo
County) a distance of 340 feet to the point of beginning. Thence east along said 1/16 line, said line
also being the north line of vacated 18th Street a distance of 60 feet; thence south perpendicular to
said 1/16 line a distance of 60 feet, thence west parallel to said 1/16 line, said line also being the
south line of vacated 18th Street a distance of 60 feet; thence north perpendicular to said 1/16 line
a distance of 60 feet to the point of beginning; together with a 20 -foot wide easement east from the
east line of the above described parcel along said North Right of Way of the vacated 18th Street to
the west Right of Way of Neilson Avenue for the purpose of ingress and egress, and for the
construction, operation, maintenance, repair and replacement of utility lines for electricity, natural
gas, water, sewer and telecommunications.
TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges
thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim
whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and
behoof of said part of the second part, his heirs and assigns forever.
IN WITNESS WHEREOF, The said party of the first part hath caused its name to be hereunto
subscribed by the President of the Board of Education, and its seal to be hereunto affixed, attested by its
Secretary, the day and year first above written.
ATTEST: PU LO SCHOOL DISTRICT NO. 60
By
Secretary f the Board of Education of President of th Board of Education of
Pueblo School District No. 60 Pueblo Sc loo District No. 60
[SEAL]
COUNTY OF PUEBLO )
STATE OF COLORADO ) ) Ss.
The foregoing instrument was acknowledged before me this �— day of ZdCesw 6Q
1991 by j4 cA-- k 1 ,y-, as President of the Board of Education of Pueblo
School District No. 60 and leoAn . L)A-,e p as Secretary of the Board of Education of
Pueblo School District No. 60.
Witness my hand and official seal.
My commission expires:
[SEAL
Notary Public
EXHIBIT
F:\rlLrS\CITY\PUBLIC-W\EASEMNTS\DISTH60\QC-DEED.WPD