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1317689 01/26/2000 08:58A RES Chris C. Munoz
1 of 2 R 10.00 D 0.00 Pueblo Cty Clk & Rec.
RESOLUTION NO. 8894
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND
PUEBLO DEVELOPMENT FOUNDATION RELATING TO THE
TRANSFER OF LAND AT PUEBLO MEMORIAL AIRPORT FOR
LEASE TO STONECRAFT INDUSTRIES, INC., AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE
AGREEMENT AND THE WARRANTY DEED AND EASEMENT
AND RIGHT OF WAY ATTACHED THERETO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The City Council does hereby find and determine:
(a) The construction of a manufacturing facility on land at the Pueblo Memorial Airport
Industrial Park for lease to StoneCraft Industries, Inc. (the "Company ") meets and complies with the
criteria and standards established by Ordinance No. 6381.
(b) Pueblo Development Foundation will renovate the 25,650 square foot shell building
on the approximately 5.57 acres of land at Pueblo Memorial Airport (herein "Project ") to be leased
and occupied by the Company.
(c) Company believes it will employ and has committed to the City that it will employ
sixty (60) full -time employees at the Project.
(d) The property described in paragraph 5 of the Agreement and in the Warranty Deed
between the City and Pueblo Development Foundation attached hereto is surplus to the City's needs.
(e) The construction of the Project will stimulate and promote industrial activity at
Pueblo Memorial Airport thereby creating employment opportunities for the citizens of the City,
greater use of airport facilities, and increased aeronautical activities.
(f) The execution and performance of the Agreement, Warranty Deed, and Easement And
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1317689 01/26/2000 08:58A RES Chris C. Munoz
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Right of Way between the City and Pueblo Development Foundation are in the best interests of the
City and its citizens and will promote the public health, safety, commerce, prosperity and general
welfare of the City and its citizens.
SECTION 2
The Agreement dated January 10, 2000, Warranty Deed, and Easement And Right of Way
attached thereto between the City of Pueblo, a Municipal Corporation and Pueblo Development
Foundation, a Colorado nonprofit corporation, copies of which are attached hereto and incorporated
herein as if set out herein in full, having been approved as to form the City Attorney, are hereby
4pproved.
SECTION 3
The President of the City Council is hereby authorized to execute and deliver in the name of
the City the Agreement, the Warranty Deed, and Easement And Right of Way attached thereto and
a subsequent Warranty Deed for the land described in paragraph 5 of the Agreement, and the City
Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 4
This Resolution shall become effective upon final passage.
INTRODUCED: January 10, 2000
By Al Gurule
Councilperson
t of the City Council
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1317690 01/26/2000 08:58A WD Chris C. Munoz
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WARRANTY DEED
THIS DEED, made this 10th day of January, 2000 by and between Pueblo, a Municipal
Corporation (herein "City ") and Pueblo Development Foundation, a Colorado nonprofit corporation
(herein "Company "), WITNESSETH:
That City for and in consideration of the sum of $10.00 and other good and valuable
consideration to City in hand paid by the Company, the receipt whereof is hereby confessed and
acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain,
sell, convey and confirm unto the Company, its successors and assigns forever, all the real property
situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more
particularly described as Lot 58, Pueblo Memorial Airport Industrial Park Subdivision (herein
"Property"), with all its appurtenances, and warrant the title to the same, subject to easements, rights
of way, conditions, restrictions and reservations of record and easements for existing utilities,
sanitary sewer, water, irrigation and natural gas lines on, over or under the Property and to the
following covenants, conditions, and restrictions which are and shall be construed to be covenants
running with the land described herein and binding upon the Company, its successors and assigns
and inuring to the benefit of the City, its successors and assigns.
1. City reserves unto itself and its successors and assigns, for use and benefit of the
public, a right of flight for the passage of aircraft in the airspace above the surface of the Property,
together with the right to cause in the airspace above the surface of the Property such noise as be
inherent in the operation of any aircraft now known or hereafter used for navigation of or flight in
said airspace, and for use of the airspace above the surface of the Property for landing on, taking off
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from, or operation on or over the Pueblo Memorial Airport.
2. Company expressly agrees for itself, its successors and assigns to restrict the height
of structures, objects of natural growth and other obstructions on the Property, to a height of not
more than 4,700 feet above the mean sea level. In the event this covenant is breached, City reserves
the right to enter upon the Property at the expense of the Company to remove the offending structure
or object and to cut the offending growth.
3. Company expressly agrees for itself, its successors and assigns, that it will prevent
any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo
Memorial Airport, or otherwise constitute an airport hazard.
4. The Property and its use are further subject to the following Restrictive Covenants:
(a) The Property may be used only for industrial and manufacturing facilities and
incidental office uses. The Property shall not be used for smelting or plating operations, or for the
storage or processing of putrescible materials, or for any purpose or business which constitutes a
nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or
diesel fuel used in connection with the business conducted on the Property but not for sale at retail
or wholesale may be stored on the Property in an environmentally sound manner.
(b) Outdoor storage shall not be permitted except for storage of raw materials,
inventory, manufactured products, or equipment used in the facility. Parking areas for vehicles and
roads on the Property shall be paved.
(c) The Property shall not be subdivided and no building or structure over sixty
(60) feet in height shall be installed or constructed on the Property.
(d) No structure or building shall be constructed or installed nearer than seventy -
five (75) feet of the right of way line of United Avenue, or twenty -five (25) feet of the right of way
line of any other abutting streets. There must be installed and maintained a minimum thirty -five (3 5)
foot strip of living landscaped ground along and adjacent to United Avenue, and twenty -five (25)
feet adjacent to other abutting streets. Minimum side yards set -backs shall be twenty -five (25) feet.
Unless a permit is issued by the Director of Public Works specifying and approving access, vehicular
access to and from the Property and United Avenue is prohibited.
(e) Company shall keep and maintain the Property and all buildings, landscaping
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1317690 01/26/2000 08:58A WD Chris C. Munoz
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and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish,
debris and trash, and enclose and screen from public view all outside storage and unsightly areas of
the Property.
(f) Company shall comply with notifications and review requirements of the
Federal Aviation Administration prior to the construction, modification or alteration of any building
or structure on the Property.
(g) Company shall, at its own expense, cause all utilities and roads used or to be
used on the Property to be extended from adjacent streets, installed on the Property, and kept and
maintained in good order and condition.
(h) Company shall pay to City a combined service fee for services and facilities
now furnished by City at the Pueblo Memorial Airport, namely: public street maintenance, fire
protection, and street lighting based upon $295.00 per acre per annum payable monthly for each acre
of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or
all of the services or facilities presently being furnished and may modify, increase, or decrease the
annual combined service fee provided (i) such services and fee shall be non - discriminatory among
other tenants and owners of land at Pueblo Memorial Airport receiving such services and facilities,
and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the
services and facilities then being furnished. City's cost may include the cost of capital improvements
amortized over the useful life of the improvements. Waste water discharged from the Property is
transported to and treated at City's waste water treatment facilities, Company and the waste water
so transported and treated are subject to the same restrictions, limitations, conditions, fees, and
charges as other users of City's sanitary sewer system and facilities. Company shall only discharge
domestic waste water into the City's sanitary sewer system.
(i) Company shall provide for storm water drainage which shall include the
construction and installation of storm water detention facilities on the Property. The detention
facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm.
The maximum release rate from the detention facility at the ponding depth corresponding to the 10-
year volume shall be .30 cfs /acre and 1.00 cfs /acre for the 100 -year ponding depth. All calculations
and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of
discharge from the detention facility shall be at a location approved by the Director of Public Works.
0) Before commencing the construction, installation or alteration of any building,
structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the
Property, the Company shall submit to and have approved by the City in writing the site plans and
plans and specifications therefor. City's approval will not be unreasonably withheld. In the event
the City or its designated representatives shall fail to approve or disapprove such plans and
specifications within twenty -five (25) working days after they have been submitted to the City, such
approval will not be required and this covenant will be deemed to have been complied with.
Company shall use its best efforts to assure that all buildings constructed on the Property will be
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1317690 01/26/2000 08:58A WD Chris C. Munoz
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architecturally and aesthetically compatible with buildings constructed at the Pueblo Memorial
Airport industrial park since 1985. All buildings, improvements and activities on the Property shall
be constructed and conducted in compliance with all applicable federal, state and local law,
regulations, and codes.
(k) City reserves the right to waive all or any part of these Restrictive Covenants.
5. At the request of City, Company shall meet and in good faith confer with City
concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part
thereof, including without limitation, the Property becomes eligible for annexation.
6. Invalidation of any one of the foregoing covenants, conditions, restrictions or
reservations by judgment or court order or otherwise shall not affect any of the other of said
covenants, reservations, restrictions or conditions which shall remain in full force and effect.
7. City shall have the right to enforce the restrictions, covenants and conditions hereof
by "ipjunctinon cr other lawful procedure and to recover damages, costs, expenses, including
reasonable a toi iey fees, resulting from any violation thereof or arising out of their enforcement.
[S'E. A L] J � PUEBLO DEVELOPMENT FOUNDATION
IATE �
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o
TAT:.
Cityfitl�k
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
President
PUE 0, A MUNI IP L CORPORATION
B
y
President of the City Council
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I IIIIIIIIII 1111111111 1111111111111111111111 1111111111
1317690 01/26/2000 08 :58A WD Chris C. Muno:
5 of 5 R 25.00 D 0,00 Pueblo Cty Clk 8 Rec.
The _foregoing instrument was acknowledged before me this L�j�- day of
2000 by' r. ,. k _ as President and �2-� r A -0 ,c t c 1, C as S cretary
of Pueblo Development Foundation, a Colorado nonprofit corporation.
Witness my hand and official seal.
t 4
My .��ission expires: t -
v k .
COUNTY OF PUEBLO )
) ss.
STATE OF COLORADO )
lei ary Public
The foregoing instrument was acknowledged before me this j *day of ,
2000 by a ri nhe, ��`ej as President of the City Council and
as City Clerk of Pueblo, Colorado, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
t.•
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F: \CITY \PDRSHEI.BLDG \NO.7 \W DEED. WPD -5-
1 1111111111111111111111111111111111111111111111111 IN
317691 01/26/2000 08:58A EASE Chris C. Mum=
1 of 4 R 20.00 0 0.00 Pueblo Cty Clk 8 Ree.
EASEMENT AND RIGHT OF WAY
THIS EASEMENT, granted this 10th day of January, 2000, by PUEBLO, a Municipal
Corporation, GRANTOR, to Pueblo Development Foundation, a Colorado nonprofit corporation,
GRANTEE:
WITNESSETH:
THAT IN CONSIDERATION of the sum of One Dollar ($1.00) and other good and valuable
consideration, paid by the GRANTEE, receipt of which is hereby acknowledged, GRANTOR hereby
grants to GRANTEE, its successors and assigns, an easement and right of way for loading dock
purposes in, through, over, under and across GRANTOR's property situated in Pueblo County,
Colorado, and described in the attached Exhibit B.
The GRANTOR reserves the right to use and occupy said property for any purpose consistent
with the right and privilege above granted and which will not interfere with GRANTEE'S use of the
property.
GRANTEE agrees to indemnify and hold harmless the GRANTOR from any and all claims,
expenses, liabilities, loss, or damage to property or injury to or death of persons, caused by or arising
out of the construction, installation, maintenance, or use of the easement and right of way hereby
granted. "GRANTEE" shall include the plural and the feminine. This easement and right of way
shall be binding upon, and shall inure to the benefit of the heirs, personal representatives, successors
or assigns of the GRANTOR and GRANTEE. In case of abandonment of said easement, or non -use
of the easement for a period of twelve (12) consecutive months, all rights, privileges, and interest
granted herein shall terminate.
r P
ATTEST:,1 0
Meg
City Cl
F.
PU BIRO, a Mun' ipa orporation
By
resident of the City Council
PUEBLO DEVELOPMENT FOUNDATION
By
President
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COUNTY OF PUEBLO ) 1317691 01/26/2000 08.58A EASE Chris C. Mun
ss.
2 of 4 R 20.00 D 0.00 Pueblo C!y Clk & Rec.
STATE OF COLORADO )
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this
�-Eh day of January, 2000 by f-i V y\, ��p -1 as President of the City Council and by
L D, rc - , as City Clerk of Pueblo, a Municipal Corporation.
Witness my hand and official seal.
My commission expires:
COUNTY OF PUEBLO )
ss.
STATE OF COLORADO )
o ry Public
The foregoing instrument was acknowledged before me in Pueblo County, Colorado this
day of January, 2000 by Joseph A. Fortino, as President of Pueblo Development Foundation,
a Colorado nonprofit corporation.
Witness my hand and official seal.
Oy�commission expires: 4. - ,
SEAL]
-2-
N tary Public ( „
_ DEC -23 -99 THU 05;34 PM MANGINI & ASSOCIATES FAX NO, 719 544 0878
Exhibit B
Loading Dock Easement
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1317691 0 1/26/2000 08:58A EASE of 4 R 20.00 D 0.00 pueblo E ! Chris c. Munoz
v Clk & Rec.
ti
P. 03/03
scale 1" = 100'
DEG - 23 - 99 THU 05:33 PM MANGINI & ASSOCIATES FAX NO. 719 544 0876
according to the recorded pla thereof in Book 2836, at Page 669 of the records of the
Pueblo County Clerk and Recorder, being more particularly described as follows:
P. 02/03
COMMENCING at the Southeast corner of said Lot 57, thence N84
based on the southeasterly lot line of said lot 57, monumented on the northeas4efl end by
a #4 rebar with a yellow plastic surveyors cap marked LS 25948, and on the
southwesterly end by a 44 rebar, is assumed to bear N43 along the common
lot line between lots 57 and 58 of said Pueblo Memorial Airport Industrial Park
Subdivision a distance of 243.40 feet to the POINT OF BEGINNING; thence
continuing N94'1 5'03'V along said lot line, a distance of 191.61 feet; thence
N88 1 26'45 "E, a distance of 190.06; thence S01 °33' 15"E a distance of 24.36 feet to the
POINT OF BEGINNING Pueblo County, Colorado.
Said parcel contains 0.05 a�pre or less.
a 28
4
Rocky L. Mangini Date
Professional Land! W6
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1317692 01/26/2000 08:58A TD Chris C. Munoz
1 of 1 R 5.00 D 0.00 Pueblo Cty Clk & Rec.
DEED OF TRUST
THIS DEED OF TRUST, Dated January 10, 2000 between
Pueblo Development Foundation, a Colorado
Nonprofit Corporation
the grantor herein, whose address is Post Office Box 1663,
Pueblo, Colorado 81002 of the
*County of Pueblo and State of Colorado, and
the PUBLIC TRUSTEE of the County or City and County in which the property described
below is situated, in the State of Colorado,
Witness: WHEREAS, Grantor and the City of Pueblo,
fx dx=kprmoqxbmx§d 1 City Hall Place, Pueblo, CO, entered into
d�axabi>a>a� Agreement dated January 10, 2000 whereby
tbmbmtejjmVAg=K,x�m-xtxx in consideration of the conveyance of
an
Grantor
the
real property described herein* x�ex812I,Iir1
does hereby grant and convey unto said Public Trustee the following described property, situate in the County
of Pueblo , State of Colorado, to wit:
Lot 58, Pueblo Memorial Airport Industrial Park
Subdivision, Pueblo County, Colorado
* agreed to pay to the City of Pueblo (the "Beneficiary ") certain
sums and perform certain covenants described therein (the "Agree-
ment"), and
WHEREAS, to secure the payments and performance of the covenan
under the Agreement, Grantor
(whenever the term "promissory note" is used in this Deed of Trust,
it shall mean and include the Agreement)
also known by street and number as NONE
TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof or interest
thereon, or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale, said Public Trustee,
after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall sell said property in the manner provided
by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said
Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, oron any prior encumbrance, with interest thereon, and
pay the principal and interest due on said note, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee shall execute and
deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances, except
easements, rights of way, conditions, restrictions and
reservations of record.
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid
balance of said note with loss payable to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary may ay the same and all
amounts shall become additional indebtedness due hereunder; and in case of foreclosure, he will pay a r e a s o n ab i e
attorney fee.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reasonable
attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a
homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said principal sum hereby secured and interest thereon
may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be
delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of
competent jursidiction.
Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All of the covenants
herein shall be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto.
Executed the day and year first above written.
.. ' (SEAL)
-J�tvest PUEBLO DEVELOPMENT FOUNDATION
c` By t
V President
STATP "QF _COLORADO
l�4nty of Pueblo ss.
Thq,tb" gain 11 frument was acknowledged before me this �� � day of January 2000
by ,`r oP= Fortino, as President and f5 TT�7 V as
Se, -'retax. 6P Pueblo Development Foundation, a Colorado NOnprofit
�o'r gat
Nty co> isston e�CpQt ' * , . Witness my hand and official seal.
ar
r
�
.
*If i ifo) er; insert C�t aifd pig Notar Public
F
Name and Address of Person Creating Newly Created Legal Description (§ 38 -35- 106.5, C.R.S.)
No. 923B. Rev. 6 -92. DEED OF TRUST (Public Trustee) without Due on Sale Clause
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 2 -98
Reception 1937457
03/20/2013 11:02:19 AM
When Recorded Return to:
City Attorney
Pueblo Law Department
503 N. Main Street, Suite 203
Pueblo, Colorado 81003
REQUEST FOR ® FULL ❑ PARTIAL RELEASE OF DEED OF TRUST AND RELEASE
BY HOLDER OF THE EVIDENCE OF DEBT WITH PRODUCTION OF EVIDENCE OF DEBT
PURSUANT TO § 38 -39 -102 (1) (a), COLORADO REVISED STATUTES
February 25 , 2013 Date
Pueblo Development Foundation, a Colorado Nonprofit Corporation Original Grantor (Borrower)
301 North Main Street, Pueblo, CO 81003 Current Address of Original Grantor
❑ Check here if current address is unknown.
City of Pueblo Original Beneficiary (Lender)
January-10, 2000 Date of Deed of Trust
January 26, 2000 Date of Recording and /or Re- Recording of Deed of Trust
1317692 Recording Information
County Reception No. and /or Film No. and/or Book/Page No. and /or Torrens Reg. No.
TO THE PUBLIC TRUSTEE OF PUEBLO COUNTY (The County of the Public Trustee who is the appropriate
grantee to whom the above Deed of Trust should grant an interest in the property described in the Deed of Trust.)
PLEASE EXECUTE AND RECORD A RELEASE OF THE DEED OF TRUST DESCRIBED ABOVE. The indebtedness
secured by the Deed of Trust has been fully er- partially paid and/or the purpose of the Deed of Trust has been fully er
partially satisfied in regard to the property encumbered by the Deed of Trust as described therein as to a full release ek.ift •• • • - - • • • • - - • • • • - • : - • • -. .: (IF NO LEGAL DESCRIPTION IS
LISTED THIS WILL BE DEEMED A FULL RELEASE.)
City of Pueblo, a municipal corporation, 200 South Main Street, Pueblo CO 81003
Name and Address of the Current Holder of the Evidence of Debt Secured by Deed of Trust (Lender).
Sam Azad, City Manager, City of Pueblo, 200 South Main Street, Pueblo CO 81003
Name, Title, and s of Officer, Agent, or Attorney of the Holder of the Evidence of Debt Secured by Deed of Trust
(Lender).
g „ SPAY P Oa t
Signature Signature � �
. •• .•• e, II
State of Colorado , County of Pueblo Witness my hand and official seal. i 4• •• • '•C 1
The foregoing Request for Release was acknowledged JUDITH A. • 0
before me on i I N : PARRY i :05 ;
February 25, 2013 (date), by
Sam Azad as City Manager, City of Pueblo, a municipal 1 ..A'. 0 /
corporation It o 't� •OQ,Q
52013 " OF 'CO'
Date j�/
Commission Expires : �}/ t c+ / 707 t .f T T E 2. 1
*If applicable, insert title of officer and name of current holder. Notary Public '
RELEASE OF DEED OF TRUST
WHEREAS, the Grantor(s) named above, by Deed of Trust, granted certain real property described in the Deed of
Trust to the Public Trustee of the County referenced above, in the State of Colorado, to be held in trust to secure the
payment of the indebtedness referred to therein; and
WHEREAS, the indebtedness secured by the Deed of Trust has been fully er- partially paid and /or the purpose of the
Deed of Trust has been fully er- partially satisfied according to the written request of the holder of the evidence of debt or
Title Insurance Company authorized to request the release of the Deed of Trust.
REQUEST FOR FULL/PARTIAL RELEASE OF DEED OF TRUST AND RELEASE (Page 1 of 2)
2445739.1
1937457 RL TD 03/20 11:02:19 AM
v :_j Page: 2 of 2 R 16.0 .00 T 16.00
Gilbert Ortiz Clerk /Recor er, Pueblo County, Co
III a Ii 1i��11 °I �'i L I X1610 4iKlif'll 11111
NOW THEREFORE, in consideration of the premises and the payment of the statutory sum, receipt of which is
hereby acknowledged, I, as the Public Trustee in the County named above, do hereby fully and absolutely release, cancel
and forever discharge the Deed of Trust : . :: .. :. . .. - - - - . ■ . t: - , together
with all privileges and appurtenances thereto belonging. R� �/ i � / ✓ /� /
- .l.e
,.
STATE OF COLORADO Public Tru• ee 4 D. e
COUNTY OF PUEBLO
Signed by Saul E. Trujillo, Public Deputy Public Trustee * 0
Trustee, On March 19, 2013 -.13, L.4) sr
(NOTARIZATION NO LONGER REQUIRED IN v Legal Description as Required by § 38- 35- 106.5, C.R.S.) ® i,o,.
COLORADO PER STATUTE 38 - 35 - 106 C.R.S.) i i , YG
tt›.. ® O.
t .,� - 4 ' , 2 ,
R U$T6;:•• •••
REQUEST FOR FULL /PARTIAL RELEASE OF DEED OF TRUST AND RELEASE (Page 2 of 2)
2445739.1
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1317692 01/26/2000 08:58A TD Chris C. Mumps
1 of 1 R 5.00 D 0.00 Pueblo Cty Clk & Rec.
DEED OF TRUST
THIS DEED OF TRUST, Dated January 10, 2000 ,between CANCELLED
Pueblo Development Foundation, a Colorado
Nonprofit Corporation AND
the grantor herein, whose address is Post Office BOX 1663,
Pueblo, Colorado 81002 of the RELEASED
*County of Pueblo and State of Colorado, and PUEBLO COUNTY
the PUBLIC TRUSTEE of the County or City and County in which the property described PUBLIC TRUSTEE
below is situated, in the State of Colorado,
Witness: WHEREAS, Grantor and the City of Pueblo,
forrtxxsakixixotpalsxrice 1 City Hall Place, Pueblo, CO, entered into an
dKijoixpayabioctiobxlirgx§if Agreement dated January 10, 2000 whereby Grantor
tb etdenotnexix,mbl isti in consideration of the conveyance of the
real property described herein* >1{iltd )4
vktilialeNIttxmocotoox Bur. ctilodXXXOf XXIX Mock vimextvgigmxtx,xYlilcirttixixbigkeirklantk
does hereby grant and convey unto said Public Trustee the following described property, situate in the County
of Pueblo , State of Colorado, to wit:
Lot 58, Pueblo Memorial Airport Industrial Park
Subdivision, Pueblo County, Colorado
* agreed to pay to the City of Pueblo (the "Beneficiary ") certain
sums and perform certain covenants described therein (the "Agree-
ment"), and
WHEREAS, tb secure the payments and performance of the covenant
under the Agreement, Grantor
(whenever the term "promissory note" is used in this Deed of Trust,
it shall mean and include the Agreement)
also known by street and number as NONE .
TO HAVE AND TO HOLD the same together with all appurtenances, in trust nevertheless, that in case of default in the payment of said note or any part thereof or interest
thereon, or in the performance of any covenants hereinafter set forth, then upon the beneficiary (note holder) filing notice of election and demand for sale, said Public Trustee,
after advertising notice of said sale weekly, for not less than four weeks, in some newspaper of general circulation in said county, shall sell said property in the manner provided
by law in effect at the time of filing said notice and demand, at public auction for cash, at any proper place designated in the notice of sale. Out of the proceeds of said sale said
Trustee shall retain or pay first all fees, charges and costs and all moneys advanced for taxes, insurance and assessments, or on any prior encumbrance, with interest thereon, and
pay the principal and interest due on said note, rendering the overplus (if any) unto the grantor; and after the expiration of the time of redemption, said Trustee shall execute and
deliver to the purchaser a deed to the property sold. The beneficiary may purchase said property or any part thereof at such sale.
The grantor covenants that at the time of delivery of these presents, he is seized of said property in fee simple, and that said property is free of encumbrances, except
easements, rights of way, conditions, restrictions and
reservations of record.
The grantor also covenants that he will keep all buildings insured with a company approved by the beneficiary for fire and extended coverage in an amount equal to the unpaid
balance of said note with loss payable to the beneficiary, will deliver a copy of the policy to the beneficiary and will pay all taxes and assessments against said property and
amounts due on prior encumbrances. If grantor shall fail to pay insurance premiums, taxes or amounts due on prior encumbrance, the beneficiary mayppay the same and all
amounts shall become additional indebtedness due hereunder; and in case of foreclosure, he will paY2giNl pi OX, a reasonable
attorney fee.
Should the beneficiary hereunder be made a party to any action affecting this deed of trust or the title to said property, the grantor agrees that all court costs and a reasonable
attorney's fee paid by the beneficiary shall become additional indebtedness due hereunder; and the grantor does hereby release and waive all claims in said property as a
homestead exemption or other exemption now or hereafter provided by law.
It is agreed that in case of default in payment of said principal or interest or a breach of any of the covenants herein, then said principal sum hereby secured and interest thereon
may at the option of the beneficiary become due and payable at once, anything in said note to the contrary notwithstanding and possession of said property will thereupon be
delivered to the beneficiary, and on failure to deliver such possession the beneficiary shall be entitled to a receiver for said property, who may be appointed by any court of
competent jursidiction.
Whenever used herein the singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. All of the covenants
herein shall be binding upon the respective heirs, personal representatives, successors and assigns of the parties hereto.
Exe,auted the day „and year first above written.
9 , �s`'(S
EAL)
!4 ` ttes E � - PUEBLO DEVELOPMENT FOUNDATION
C o it I �� B y �-� j�7 (r✓` ) •i1 /0
} - r "/ resident
,, ',,...W'• STAT QV bLORADO . 1 -
"z 'K t. } Fl ss.
2 t: A tivo t >c Pueblo
'''n � g gpin i { fument was acknowledged before me this n day of January 2 0 0 0
.i by , • ep ' Fortino, as President and S'[ V pc1e,\1� ?V���)el as
., S treta�ry 'neblo Development` Foundation, a Colorado NOnprofit
n E or��p41 ,
n3 co s l a o-
a , . ..i Witness my hand and official seal.
• � ,, P Y ; i �
p U ��\ C , •o a e.
: A ___ t/t_es_ ,
'If i tt T% %tn)e r, in sert `�(t`Y `d i ,c, ' • Notary Public
C OF C , ;i
Name and Address of Person Creating NewtyCreated Legal Description (§ 38- 35- 106.5, C.R.S.)
No. 923B. Rev. 6 -92. DEED OF TRUST (Public'Itustee) without Due on Sale Clause CD
Bradford Publishing, 1743 Wazee St., Denver, CO 80202 — (303) 292 -2500 — 2 -98