HomeMy WebLinkAbout09067RESOLUTION NO. 9067
A RESOLUTION AUTHORIZING THE PURCHASE OF A PORTION
OF REAL PROPERTY ON THE NORTHERLY SIDE OF 29TH STREET
BETWEEN 1 -25 AND GREENWOOD STREET.
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The purchase of the following properties for and on behalf of the City for a purchase price of $13,448.00 is hereby
approved and authorized:
A portion of Lots 5, 6, 7, 8 and 9 and the vacated alley adjacent thereto, Block 1, P.F. Sharp's Addition to the City of
Pueblo, County of Pueblo, State of Colorado, according to the recorded plat thereof, filed for record March 7, 1892 AND a
portion of Lot 6, Block 1, Gladstone Park, County of Pueblo, State of Colorado, according the recorded plat thereof, filed for
record January 29, 1889 in the County of Pueblo, State of Colorado and being more particularly described as follows:
BEGINNING at the Southwest corner of said Block 1, P.F. Sharp's Addition; thence Easterly, along the South line of said
Block 1 and along the South line of said Block 1, Gladstone Park, a distance of 282.46 feet, more or less to the Westerly
right -of -way line of Interstate Highway No. 25, as presently located; thence Northerly, along said right -of -way line, a
distance of 9.71 feet; thence Southwesterly, a distance of 282.56 feet, more or less to the West line of said Block 1, P.F.
Sharp's Addition; thence Southerly, along said West line, a distance of 2.20 feet to the POINT OF BEGINNING.
SECTION ?:
The President of City Council is herby authorized and directed to execute any and all instruments necessary or
required to consummate the purchase of property as described in Section 1 and City Clerk is directed to affix the seal of the
City to such instruments and attest the same.
SECTION 3:
Fund in the amount of $13,448.00 for the above approved purchase are hereby appropriated out of
Account No. 715 - 000 - 59.68- 01- DE5021
INTRODUCED: July 24 1 2000
By: Al Gu ru l e
Councilperson
ATTEST: APP
NOW=
ent of the City Council
'l w..
TITLE: A RESOLUTION AUTHORIZING THE PURCHASE
OF A PORTION OF REAL PROPERTY ON THE NORTHERLY
SIDE OF 29 STREET BETWEEN I -25 AND GREENWOOD
STREET.
AGENDA ITEM #
DEPARTMENT: Transportation DATE: July 10, 2000
ISSUE: Should the City purchase the above property for the price of
$13,448.00 from the owners Juanita D. Lott and Juanita D.
Lott Trust for right -of -way purposes.
BACKGROUND: The Rite -Aid Corporation rezoned the land on the southeast corner of
29th Street & Elizabeth this past year. As a condition of rezoning,
Rite -Aid was to widen 29th Street between I -25 and Elizabeth,
providing a center turn lane. City Council entered into an agreement
with Rite -Aid (Res. # 8678) to provide $75,000 to accomplish this
much needed construction. This money is currently in an escrow
account.
The Rite -Aid project is currently on hold.
There are two reasons why this right -of -way is required at this time.
CDOT has recently completed some minor modifications to the I -25
southbound ramp at 29th Street which provides for the correct "future
alignment." In the short-term, the purchase allows for continuous
pedestrian access along the north side of 29th Street near the CDOT
widened section. In the long -term it allows the complete 29th Street
widening project to occur from I -25 to Elizabeth Street.
FINANCIAL IMPACT: The value of this property is $13,448.00. These funds are available in
escrow account number 715- 000 - 59.68- 01- DE5021.
RECOMMENDATION: Approval of the Resolution.
PURCHASE AND SALE AGREEMENT
THIS PURCHASE AND SALE AGREEMENT (hereinafter referred to as the
"Agreement ") is made and entered into by and between JUANITA D. LOTT and JUANITA D.
LOTT TRUST (collectively, the "Seller ") and CITY OF PUEBLO, a Colorado municipal
corporation (the "Purchaser ").
WITNESSETH:
WHEREAS, the Seller is the owner of a portion of Lots 5, 6, 7, 8 and 9, Block 1, P.F.
Sharp's Addition to the City of Pueblo, County of Pueblo, State of Colorado and a portion of Lot
6, Block 1, Gladstone Park, County of Pueblo, State of Colorado, which is located on the north side
of 29`" Street between Greenwood and I -25 in the City of Pueblo ( "Seller's Property ");
WHEREAS, the City of Pueblo intends on acquiring a strip of right -of -way across Seller's
Property being more particularly described on Exhibit "A" and made a part hereof by reference
(said parcel referred to as the "ROW Parcel ") for the purpose of widening and improving 29`'' Street;
WHEREAS, the City Council of the City of Pueblo has adopted a resolution authorizing the
City's acquisition of the ROW Parcel; and
WHEREAS, the Seller, under the threat of potential condemnation of the ROW Parcel has
agreed to sell and the Purchaser has agreed to purchase the ROW Parcel on the terms and conditions
hereinafter set forth.
NOW, THEREFORE, for and in consideration the promises, covenants and agreements
contained herein, the Seller and Purchaser hereby agree as follows:
1. PURCHASE AND SALE The Seller agrees to sell and convey the ROW Parcel to
the Purchaser, and the Purchaser agrees to purchase and pay for the ROW Parcel from the Seller, all
in accordance with the terms and conditions provided in this Agreement.
2. PURCHASE PRICE The purchase price for the ROW Parcel (the "Purchase
Price ") shall be Thirteen Thousand Four Hundred Eight and No /100 Dollars ($13,488.00).
3. PAYMENT OF PURCHASE PRICE The Purchase Price shall be paid to Seller
in cash or immediately available funds at Closing (as hereinafter defined).
4. SURVEY AND TITLE
4.1 Survey Purchaser, has obtained it own appropriate surveys of the ROW
Parcel in connection with its 29 "' Street improvement project (the "Survey "), and the parties agree
that the legal description of the ROW Parcel set forth on Exhibit "A" shall be the legal description
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of the ROW parcel to be conveyed by Seller to Purchaser, and shall be used as such in the deed
delivered at Closing.
4.2 Seller's Title At the Closing, the Seller shall convey to the Purchaser good
and marketable Fee Simple Title to the ROW Parcel subject only to the following exceptions (herein
referred to as the "Permitted Exceptions "): (i) zoning ordinances affecting the ROW Parcel; (ii) the
lien of ad valorem taxes for the calendar year of the Closing which are not due and payable as of the
date of the Closing; and (iii) those matters listed as Exceptions in Schedule B of Commitment for
Title Insurance No. 7571608 issued by Transnation Title Insurance Company, except Exceptions #'s
1, 4, 6 and 7, a copy of which is attached hereto as Exhibit "B" and made a part hereof by reference.
At or prior to Closing, Seller shall satisfy the requirements of the Title Insurance Company as set
forth in said Commitment for Title Insurance to cause issuance of a standard owners's title insurance
policy to Purchaser by the Title Insurance Company in connection with the Closing.
5. INSPECTION OF THE ROW PARCEL The Purchaser, personally or through
agents, employees or contractors, has or will inspect the ROW Parcel and has conducted or will
conduct such soil, engineering, environmental, and other tests, investigations and analyses of the
ROW Parcel as Purchaser deems appropriate.
6. SELLER'S REPRESENTATIONS Seller warrants, represents to, and covenants
with the Purchaser as of the date hereof as follows:
6.1 Authority The Seller has the right, power, and authority to enter into this
Agreement and has the right, power and authority to convey the ROW Parcel in accordance with the
terms and conditions of this Agreement. The individual(s) executing this Agreement on Seller's
behalf has all requisite authority to bind Seller as aforesaid.
6.2 Tenants There is no tenant, lessee, or other occupant of the ROW Parcel
having any right or claim to possession or use of the ROW Parcel after the Closing Date.
Purchaser's rights to enforce such representations, warranties and covenants shall survive the
Closing for a period of one (1) year following the Closing and such rights to enforce shall not be
merged into the documents delivered by Seller at Closing.
7. PURCHASER'S REPRESENTATIONS As an inducement to the Seller to enter
into this Agreement and to sell the ROW Parcel, the Purchaser warrants, represents to and covenants
with the Purchaser as of the date hereof as follows:
7.1 Authori1y. The Purchaser has the right, power and authority to enter into this
Agreement and has the right, power and authority to purchase the ROW Parcel in accordance with
the terms and conditions of this Agreement. The individual(s) executing this Agreement on
Purchaser's behalf have all requisite authority to bind Purchaser as aforesaid.
7.2 "AS IS " . Purchaser agrees that it shall be solely responsible to perform any
examinations and investigations of the ROW Parcel prior to the Closing including specifically
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without limitation examinations and investigations for the presence of hazardous substances,
materials or waste (as those terms may be defined by applicable federal or state law, rule or
regulation) on the ROW Parcel and that Purchaser will rely solely upon the examinations and
investigations in purchasing the ROW Parcel. Notwithstanding anything to the contrary herein, it
is expressly understood and agreed that Purchaser, except as set forth in this Agreement, is
purchasing the ROW Parcel "AS IS" and "WHERE IS" and with all faults and that Seller is making
no representations or warranties, whether express or implied, by operation of law or otherwise, with
respect to the quality or physical condition or value of the ROW Parcel, or the compliance of the
ROW Parcel with applicable building, fire, zoning, or other laws or regulations. Purchaser agrees
that Seller is not liable or bound by any guaranties, promises, statements, representations, or
information pertaining to the ROW Parcel made or furnished by any real estate agent, broker,
employee, servant or other person representing or purporting to represent Seller, except as and to the
extent expressly set forth herein. Seller and Purchaser agree that the provisions of this section shall
survive the closing of the transaction contemplated by this Agreement and the execution and delivery
of any documents in connection herewith.
8. BROKERS Seller and Purchaser each represent and warrant one to the other that
neither has employed, retained, or consulted any real estate broker, agent or other finder in carrying
on the negotiations relative to this Agreement and the transaction contemplated hereby Seller shall
indemnify and hold Purchaser harmless from and against any claims of any broker or finder who
asserts that he, she or it has dealt with Seller and, therefore, is due a commission as the procuring
cause of this transaction. Purchaser shall indemnify and hold Seller harmless from and against any
claims of any broker or finder, who asserts that he, she or it has dealt with Purchaser and, therefore,
is due a commission as the procuring cause of this transaction. The provisions of this section shall
survive the closing contemplated hereunder or any cancellation or termination of this Agreement.
9. THE CLOSING
9.1 Closing Date and Location The Closing shall be held on or before November
17, 2000. The Closing shall be held at the offices of Transnation Title Insurance Company, 627N.
Main St., Pueblo, Co.
9.2 Deliveries at Closing The purchase and sale of the ROW Parcel
contemplated by this Agreement shall be closed by the Seller's delivery of a properly executed
general warranty deed, conveying good and marketable Fee Simple Title to the ROW Parcel to the
Purchaser, subject only to the Permitted Exceptions, and the payment by the Purchaser of the
Purchase Price for the ROW Parcel.
9.3 Closing Cam At the Closing, the Seller and the Purchaser shall respectively
pay the following costs and expenses:
(i) The Seller shall pay any fees and expenses of the Seller's attorneys.
(ii) The Purchaser shall pay (a) all fees and closing costs of the Title
Company in connection with the Closing, (b) the fees and expenses of the Purchaser's attorneys,
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and (c) the recording fees and transfer taxes, if any, due in connection with recordation of the deed,
(d) the premium for a standard coverage owner's title insurance policy or policies obtained by the
Purchaser, including any extended coverage and special endorsement(s) requested by Purchaser, (e)
any other costs and expenses actually incurred by Purchaser.
9.4 Prorations General real estate taxes due with respect to the ROW Parcel for
the calendar year of the Closing shall be prorated between the Purchaser and the Seller as of the
Closing Date. If the actual amount of such taxes is not known as of such date, the proration at the
Closing will be based on the most current information available and shall be a final settlement.
10. PRESERVATION OF ACCESS TO THE SELLER'S PROPERTY Purchaser
agrees that if and when 29 Street between Elizabeth Street and I -25 right -of -way is reconstructed,
such reconstruction will be performed substantially in compliance with the 29` Street Construction
Plan prepared by Northstar, Inc., Job Number 9906400, approved by Purchaser and on file with
Purchaser's Department of Transportation (the "Construction Plan"). Purchaser further agrees that
the location and width of two curb cuts for access to and from Seller's property to and from 29`''
Street between the easterly boundary line of Greenwood and the I -25 right -of -way after such
reconstruction will be as substantially set forth in the Construction Plan. The location, width and
use of the curb cuts and access to and from Seller's Property to and from 29`" Street shall be subject
to regulation, modification, and change by Purchaser in the exercise of its police powers. Seller and
Purchaser agree that the provisions of this section shall survive the closing of the transaction
contemplated by this Agreement and the execution and delivery of any documents in connection
herewith. Notwithstanding the foregoing, the parties acknowledge that future use and development
of Seller's Property is subject to and may be modified pursuant to the City's zoning and land use
development regulations and the City shall not be precluded by the terms of this Agreement from
processing, reviewing or approving zoning and other land use applications that propose or require
alternate access.
11. CONDEMNATION Seller and Purchaser acknowledge that Purchaser is acquiring
the ROW Parcel for a public use and purpose and Seller is selling the ROW Parcel under the threat
of condemnation, and in lieu thereof the parties have negotiated the transfer of the ROW Parcel in
lieu of condemnation.
12. DEFAULT
12.1 Seller's Default If the sale and purchase of the ROW Parcel contemplated
by this Agreement is not consummated on account of the Seller's default or breach of any terms or
conditions herein contained, Purchaser may either (i) terminate this Agreement, or (ii) Purchaser
shall have the right to file an action against Seller for specific performance of its obligations under
this Agreement, or (iii) proceed with an action in eminent domain to acquire the ROW Parcel.
Purchaser waives the right to any action for damages.
12.2 Purchaser's Default If the sale and purchase of the ROW Parcel
contemplated by this Agreement is not consummated because of the Purchaser's default, Seller may
either (i) terminate this Agreement, or (ii) Seller shall have the right to file an action against Seller
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� J
for specific performance of its obligations under this Agreement. Seller waives the right to any
action for damages.
13. ASSIGNMENT OF AGREEMENT This Agreement may not be assigned and
Purchaser's rights and duties under this Agreement may not be assigned by Purchaser without the
prior written consent of the Seller, which consent shall be at the sole and absolute discretion of
Seller.
14. TIME OF ESSENCE Time is of the essence hereof. .
15. NOTICES Any notices, requests, or other communications required or permitted
to be given hereunder shall be in writing and shall be delivered (i) by United States registered or
certified mail, return receipt requested, postage prepaid, (ii) by delivery via a nationally recognized
overnight courier service that obtains receipts or a recognized same day courier service that obtains
receipts, or (iii) by delivery via electronic (facsimile) transmission with receipt confirmation by
telephone and with an original sent by first class mail. Each notice shall be addressed to each party
at its address set forth below its signature, or such other addresses (and facsimile numbers) as may
be changed by the parties by written notice as herein provided. Any such notice, request or other
communication shall be considered given or delivered, as the case may be, on the date of courier
delivery or facsimile transmission, or on the third day after the date of deposit in the United States
mail, as to notices sent only by certified mail.
16. ENTIRE AGREEMENT; MODIFICATION This Agreement supersedes all prior
discussions and agreements between the Seller and the Purchaser with respect to the ROW Parcel
and contains the sole and entire understanding between the Seller and the Purchaser with respect to
the ROW Parcel. All promises, inducements, offers, solicitations, agreements, commitments,
representations and warranties heretofore made between such parties are merged into this
Agreement. This Agreement shall not be modified or amended in any respect except by a written
instrument executed by or on behalf of each of the parties to this Agreement.
17. BINDING EFFECT; GOVERNING LAW This Agreement shall be binding upon
and shall inure to the benefit of the parties hereto and their respective heirs, personal representatives,
successors and assigns (if permitted pursuant to the terms hereof). This Agreement shall be
construed in accordance with the laws of the State of Colorado.
18. COUNTERPARTS This Agreement may be executed in several counterparts, each
of which shall constitute an original and all of which together shall constitute one and the same
instrument and agreement.
19. WAIVER Any condition, right, election, or option of termination, cancellation, or
rescission granted by this Agreement to the Purchaser or the Seller may be waived in writing by such
party.
20. DATE OF PERFORMANCE If the time period by which or date on which any
right, option or election provided under this Agreement must be exercised, or by which any act
A0060773. W PD;2 5
required hereunder must be performed, or by which the Closing must be held, expires on a Saturday,
Sunday or legal holiday, then such time period shall be automatically extended through the close of
business on the next regularly scheduled business day in the State of Colorado.
21. EFFECTIVE DATE The "Effective Date" ofthis Agreement is the first day, if any,
on which both parties have executed an identical counterpart of this Agreement.
22. COSTS OF LEGAL ACTION In the event that either party takes legal action
against the other in order to enforce the terms of this Agreement, the party in whose favor final
judgment is entered shall be entitled to recover from the other party reasonable attorney's fees to be
fixed by the Court which shall render such judgment.
IN WITNESS WHEREOF, the parties hereto have duly signed, sealed and delivered this
Agreement on the dates specified below their signatures.
SELLER
Dated as to Seller: 3o Zoo a Juanita D. Lott
By.
Joan D. Starika, Alto ey in Fact
Juanita D. tt Trus
By:
Richard J. Saul, Trustee
Address: c/o Gerald J. Starika
15 Glenmoor Circle
Englewood, Colorado 80110
Phone: (303) 789 -2233
Fax No. (303) 789 -1954
PURCHASER
CITY PUEBLO, Colorado municipal
corpor ion
Dated as to Purchaser: .�c; odF,� 3 t, 2coo
B C 1�-�
Tine: President of the City Council
Address: 350 S. Grand Avenue
Pueblo, Colorado 81003
Phone: (719) 545 -5840
Fax No. (719) 545 -0934
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Exhibits
Exhibit "A"
Exhibit "B"
Legal Description - ROW Parcel
Title Exceptions
N J
A0060773. WPD;2 7
EXHIBIT A
LAND DESCRIPTION OF ADDITIONAL 29 STREET RIGHT -OF -WAY
(Lott Trust to City of Pueblo)
A portion of Lots 5, 6, 7, 8 and 9 and the vacated alley adjacent thereto, Block 1 in
P.F. Sharp's Addition to the City of Pueblo, according to the recorded plat thereof, filed
for record March 7, 1891 AND a portion of Lot 6, Block 1 in Gladstone Park, according
to the recorded plat thereof, filed for record January 29, 1889 in the County of Pueblo,
State of Colorado and being more particularly described as follows:
Beginning at the Southwest corner of said Block 1 in P.F. Sharp's Addition; thence
Easterly, along the South line of said Block 1 and along the South line of said Block 1 in
Gladstone Park, a distance of 282.46 feet, more or less, to the Westerly right -of -way
line of Interstate Highway No. 25, as presently located; thence Northerly, along said
right -of -way line, a distance of 9.71 feet; thence Southwesterly, a distance of 282.56
feet, more or less, to the West line of said Block 1 in P.F. Sharp's Addition; thence
Southerly, along said West line, a distance of 2.20 feet to the Point of Beginning.
Containing 1,681 square feet.
Prepared by: NORTHSTAR ENGINEERING AND SURVEYING, INC.
111 E. 5"' Street
Pueblo, CO 81003
June 28, 2000
J N 99 064 00