HomeMy WebLinkAbout09125RESOLUTION NO. 9125
A RESOLUTION APPROVING THE PURCHASE OF APPROXI-
MATELY 31.96 ACRES OF LAND COMMONLY KNOWN AS
THE BIG HILL PROPERTY
WHEREAS, the City entered into a grant Agreement with the State Board of the Great
Outdoors Colorado Trust Fund ( "GOCO ") for the acquisition of the approximately 31.96 acres of
land commonly known as the Big Hill property (the 'Big Hill "); and
WHEREAS, the purchase has been approved by GOCO and GOCO has made available for
the purchase grant funds in the amount of $100,000; and
WHEREAS, the owners of Big Hill have agreed to sell Big Hill in a "bargain" sale transaction
whereby they will accept the purchase price of $125,000 for Big Hill which has an appraised value
of $158,000 with the difference of $33,000 being deemed a gift from the owners to the City; and
WHEREAS, the net amount to be paid by City for the purchase of Big Hill is $25,000. NOW,
THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The purchase of the approximately 31.96 acres of land commonly known as the Big Hill
property and legally described in Exhibit A attached hereto is hereby approved and the City Attorney
is authorized to execute any and all documents required therefor in the name of the City.
SECTION 2
There is hereby appropriated out of Account No. 260 9510 600 7010 Project Number PL
9913 funds in the amount of $25,000 for the purchase of the Big Hill property.
SECTION 3
This Resolution shall be effective nunc pro tunc as of September 8, 2000.
INTRODUCED: September 25, 2000
By Patrick Avalos
Councilperson
ATTEST:
City Cle
APPR,PUED:
• J
President of the City Council
-2-
Council Agenda
TITLE:
A RESOLUTION APPROVING THE
PURCHASE OF APPROXIMATELY 31.96
ACRES OF LAND COMMONLY KNOWN AS
THE BIG HILL PROPERTY
AGENDA ITEM # /&
DEPARTMENT: PLANNING & DEVELOPMENT DATE: September 25,2000
ISSUE: Should the City Council approve the purchase of land known as the Big Hill property?
BACKGROUND: On June 22, 1999, the City received a Great Outdoor Colorado Open
Space grant in the amount of $100,000. The City entered in a grant agreement, dated June 30,
1999, Resolution No. 8789, requiring the City to match the grant with $30,000. On November
16, 1999, the City entered into a purchase agreement with the Anne and Claiborne Courtright
for purchase of the Big Hill property for $125,000. The Courtright's will donate $33,000 in land
value to the City as match towards the Grant.
Purchase price for the property was determined by an appraisal report from Colorado Realty
Reports, dated October 7, 1999 showing an appraised value of $158,000.
RECOMMENDATION: Approval of the Resolution.
FINANCIAL IMPACT: Funds in the amount of $25,000 are appropriated out of Account
No. 260 -9510- 600 -7010, Project No. PL9913. Great Outdoors Colorado has transfer their
$100,000 portion of the funds to the City at the time of closing on the property.
ISSUED BY
TRANSNAnON TrrLE INSURANCE COMPANY
OWNERS POLICY OF TITLE INSURANCE
Transnation
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND
THE CONDITIONS AND STIPULATIONS, TRANSNATION TITLE INSURANCE COMPANY, an Arizona corporation, herein called the
Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in
Schedule A, sustained or incurred by the insured by reason of:
1. Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto
affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company.
TRANSNATION TITLE INSURANCE COMPANY
"nE IN
Attest: �( t/� = x �1CORPOR�Tf O
= a
Secretary SEPT. 16, 199 �?
Chairman and Chief Executive Officer
Y *i
4 RIZONp
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys'
fees or expenses which arise by reason of:
1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting,
regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve-
ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of
which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula-
tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or
alleged violation affecting the land has been recorded in the public records at Date of Policy.
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect,
lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without
knowledge.
3. Defects, liens, encumbrances, adverse claims or other matters:
(a) created, suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy;
(c) resulting in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy.
4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation
of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on:
(a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or
(b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer
results from the failure:
(i) to timely record the instrument of transfer; or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
NM 1 PA 10
ALTA Owner's Policy (10- 17 -92)
Face Page
Form 1190 -56
ORIGINAL
Valid Only If Schedules A and B and Cover Are Attached
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS.
The following terms when used in this policy mean:
(a) "insured ": the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limited to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant ": an insured claiming loss or damage.
(c) "knowledge" or "known ": actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land ": the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property. The
term "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy.
(e) "mortgage ": mortgage, deed of trust, trust deed, or other security
instrument.
(f) "public records ": records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Section 1(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title ": an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT.
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or interest, as insured, is rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect, lien or encumbrance or other matter insured
against by this policy. The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
in the defense of those causes of action which allege matters not insured
against by this policy.
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding or to do any other act which in its
opinion may be necessary or desirable to establish the title to the estate or
interest, as insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the terms of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy. If the Company
shall exercise its rights under this paragraph, it shall do so diligently.
(c) Whenever the Company shall have brought an action or interposed a
defense as required or permitted by the provisions of this policy, the
Company may pursue any litigation to final determination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order.
(d) In all cases where this policy permits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and permit the
Company to use, at its option, the, name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company's
expense, shall give the Company all reasonable aid (it in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts giving rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes the basis of
loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
terminate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination under oath by any authorized representative of the
Company and shall produce for examination, inspection and copying, at
such reasonable times and places as may be designated by any authorized
representative of the Company, all records, books, ledgers, checks,
correspondence and memoranda, whether bearing a date before or after
Date of Policy, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company , the insured
claimant shall grant its permission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertain to the loss or damage.
All information designated as confidential by the insured claimant provided
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant permission to secure reasonably necessary information from third
parties as required in this paragraph shall terminate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY.
In case of a claim under this policy, the Company shall have the
following options:
(a)To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of paymant or tender of payment and which the Company is obliga-
ted to pay.
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to pay or otherwise settle with other parties for or in the name
of an insured claimant any claim insured against under this policy, together
with any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to pay or otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys'
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay.
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage. other than the payments
required to be made, shall terminate, including any liability or obligation to
defend, prosecute or continue any litigation.
Conditions and Stipulations Continued Inside Cover
6 1190 -56 CONTROL NO. A3-1-140420
TRANSNATION TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 158,000.00 Policy No.: 7570623
Date of Policy: September 11, 2000 at 4:17 P.M. up to and including
Reception No. 1349451
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.: 7570623
LEGAL DESCRIPTION
Parcel A:
A certain parcel of land situate in the NW 1/4 of the NW 1/4 of
Section 25, Township 20 South, Range 65 West of the 6th P.M.,
County of Pueblo, State of Colorado more particularly described as
follows:
Beginning at the Northwest corner of said Section 25, thence East
along the North line of the said NW 1/4 of the NW 1/4 of Section
25, a distance of 1,337.77 feet, more or less, to the Northeast
corner of said NW 1/4 of the NW 1/4 of Section 25;
thence South along the Easterly line of said NW 1/4 of the NW 1/4 a
distance of 773.50 feet;
thence Westerly, parallel with the South line of the said NW 1/4 of
the NW 1/4 a distance of 250.00 feet;
thence Southerly, parallel with the said East line of the said NW
1/4 of the NW 1/4 a distance of 322.30 feet, more or less, to a
point which is 208.7 feet North of the South line;
thence Westerly, parallel with and 208.70 feet Northerly of the
South line of the said NW 1/4 of the NW 1/4 a distance of 417.40
feet
thence South 208.70 feet to the South line of the NW 1/4 of the NW
1/4;
thence Westerly along the said South line a distance of 278.70
feet;
thence Northerly and parallel with the West line of said Section a
distance of 220.00 feet;
thence Westerly and parallel with the said South line a distance of
278.70 feet;
thence Southerly, parallel with the West line of the said NW 1/4 of
the NW 1/4 a distance 191.00 feet;
thence Westerly, parallel with the South line of the said NW 1/4 of
the NW 1/4, a distance of 55.00 feet;
thence Southerly, parallel with the West line of the said NW 1/4 of
the NW 1/4, a distance of 29.00 feet, more or less, to the South
line of the said NW 1/4 of the NW 1/4;
thence Westerly along the said South line of the said NW 1/4 of the
NW 1/4 a distance of 54.90 feet, more or less, to the Southwest
corner of the said NW 1/4 of the NW 1/4 a distance of 1297.20 feet,
more or less, to the Northwest corner of the said Section 25, the
Point of Beginning,
EXCEPT that portion designated as Montezuma Road along the Easterly
line of subject property,
AND FURTHER EXCEPTING that portion deeded to the City of Pueblo, a
Municipal Corporation recorded April 14, 1989 in Book 2442 at Page
527,
AND FURTHER EXCEPTING that portion platted as Lot 1, Block 1,
Page 2
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7570623
SCHEDULE A - continued
LEGAL DESCRIPTION
Lighthouse Baptist Church Subdivision, Filing No. 1
Parcel B:
Vacated Lighthouse Baptist Church Subdivision, Filing No. 1,
described as:
A tract of land located in a part of Section 25, Township 20 South,
Range 65 West of the 6th P.M., County of Pueblo, State of Colorado,
begin more particularly described as follows:
Beginning at the NW corner of Section 25, thence N 89 deg. 29 min.
11 sec. E along the north line of said Section 25, a distance of
392.56 feet to the POINT OF BEGINNING;
thence continuing along said north line, N 89 deg. 29 min. 11 sec.
E said line also being the south line of Starview Subdivision
Filing No. 1, a distance of 569.82 feet; thence S 00 deg. 00 min.
00 sec. W, a distance of 772.03 feet; thence S 89 deg. 29 min. 11
sec. W, a distance of 569.82 feet; thence N 00 deg. 00 min. 00 sec.
E, a distance of 772.03 feet to the POINT OF BEGINNING,
EXCEPT that portion platted as Moonlight Subdivision
all in the County of Pueblo, State of Colorado
Page 3
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7570623
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
1. Rights or claims of parties in possession not shown by the public
records.
2. Any lien, or right to a lien, for services, labor or material
heretofore or hereafter furnished, imposed by law and not shown by
the public records.
3. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district. The 1999 General taxes paid, according to tax
certificate dated August 15, 2000.
4. Easement, whether in fee or easement only, granted to Southern
Colorado Power Company recorded December 23, 1926 in Book 649 at
Page 261.
5. Easement, whether in fee or easement only, granted to Southern
Colorado Power Company recorded October 3, 1950 in Book 1136 at
Page 75.
6. Easement, whether in fee or easement only, granted to Southern
Colorado Power Company recorded May 13, 1953 in Book 1210 at Page
87.
7. Drinage easement granted to Pueblo, a Municipal Corporation
recorded February 25, 1992 in Book 2579 at Page 423.
Page 4
CONDITIONS AND STIPULATIONS
7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE.
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the insured claimant who has suffered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of:
(i) the Amount of Insurance stated in Schedule A; or,
(ii) the difference between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect,
lien or encumbrance insured against by this policy.
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy is less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land, whichever is less, or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated in Schedule A, then this
Policy is subject to the following:
(i) where no subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
the amount of insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy; or
(ii) where a subsequent improvement has been made, as to any partial
loss, the Company shall only pay the loss pro rata in the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and expenses for which the Company is liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys' fees and expenses
incurred in accordance with Section 4 of these Conditions and Stipulations.
8. APPORTIONMENT.
If the land described in Schedule A consists of two or more parcels
which are not used as a single site, and a loss is established affecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as if the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole, exclusive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise been agreed upon as to each parcel
by the Company and the insured at the time of the issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy.
9. LIMITATION OF LIABILITY.
(a) If the Company establishes the title, or removes the alleged defect,
lien or encumbrance, or cures the lack of a right of access to or from the
land, or cures the claim of unmarketability of title, all as insured, in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its
obligations with respect to that matter and shall not be liable for any loss
or damage caused thereby.
(b) In the event of any litigation, including litigation by the Company
or with the Company's consent, the Company shall have no liability for
loss or damage until there has been a final determination by a court of
competent jurisdiction, and disposition of all appeals therefrom, adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
without the prior written consent of the Company.
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY.
All payments under this policy, except payments made for costs,
attorneys' fees and expenses, shall reduce the amount of the insurance pro
tanto.
11. LIABILITY NONCUMULATIVE
It is expressly understood that the amount of insurance under this
policy shall be reduced by any amount the Company may pay under any
policy insuring a mortgage to which exception is taken in Schedule B or to
which the insured has agreed, assumed, or taken subject, or which is
hereafter executed by an insured and which is a charge or lien on the
estate or interest described or referred to in Schedule A, and the amount
so paid shall be deemed a payment under this policy to the insured owner.
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement
of the payment unless the policy has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
NM 1 PA 10
ALTA Owner's Policy (10- 17 -92)
Cover Page
Form 1190 -58
(Continued)
(b) When liability and the extent of loss or damage has been definitely
fixed in accordance with these Conditions and Stipulations, the loss or
damage shall be payable within 30 days thereafter.
13. SUBROGATION UPON PAYMENT OR SETTLEMENT.
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
insured claimant and to use the name of the insured claimant in any
transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company's payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant, as stated
above, that act shall not void this policy, but the Company, in that event,
shall be required to pay only that part of any losses insured against by this
policy which shall exceed the amount, if any, lost to the Company by
reason of the impairment by the insured claimant of the Company's right
of subrogation.
(b) The Company's Rights Against Non - insured Obligors.
The Company's right of subrogation against non - insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds,
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy.
14. ARBITRATION
Unless prohibited by applicable law, either the Company or the insured
may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include,
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy, any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000,000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this policy
and under the Rules in effect on the date the demand for arbitration is
made or, at the option of the insured, the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys' fees
only if the laws of the state in which the land is located permit a court to
award attorneys' fees to a prevailing party. Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the
Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT.
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company. In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or interest
covered hereby or by any action asserting such claim, shall be restricted to
this policy.
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President, the Secretary, an Assistant Secretary, or
validating officer or authorized signatory of the Company.
16. SEVERABILITY.
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to include that provi-
sion and all other provisions shall remain in full force and effect.
17. NOTICES, WHERE SENT.
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall include the number of this
policy and shall be addressed to: Consumer Affairs Department, P.O. Box
27567, Richmond, Virginia 23261 -7567.
ORIGINAL Valid Only If Face Page, Schedules A and B Are Attached
1349451 09/11/2000 04:17P WD Chris C. Munoz
1 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Rec
W A R R A N T Y D E E D
THIS DEED, Made this 8TH day of SEPTEMBER, 2000 between
CLAIBORNE L. COURTRIGHT and ANNE C. COURTRIGHT
of the County of Pueblo and
State of Colorado, grantor, and
PUEBLO, a Municipal Corporation
whose legal address is 127 THATCHER BUILDING, 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 FIFTY
EIGHT THOUSAND AND 00 /100, ($158,000.00) 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:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
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,
l 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 2000 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
___ _ T A R - _ _
STATE DOCUMENT - gRY FEE
PUEBLO COUNTY
------- - - - - --
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.
CLAIBORNE L. COURTRIGHT
ANNE C. COURTRIGHT
STATE OF COLORADO }
} ss. The foregoing instrument was acknowledged before
County of PUEBLO } me this 8TH day of SEPTEMBER, 2000
by CLAIBORNE L. COURTRIGHT and ANNE C. COURTRIGHT
No. 932A. Rev. 7 -84
OLI
NOTARY
cP
PUBLIC
`.
�A9�� of cc� -���
Witness my nd and official seal.
My commiss on expires August 11, 2001
NOTARY PUBLIC
627 North Main Street
Pueblo, Colorado 81003
1349451 09/11/2000 04:17P WD Chris C. Munoz
2 of 2 R 10.00 D 0.00 Pueblo Cty Clerk & Rec
"EXHIBIT A"
Legal Description:
Parcel A:
A certain parcel of land situate in the NW 1/4 of the NW 1/4 of
Section 25, Township 20 South, Range 65 West of the 6th P.M.,
County of Pueblo, State of Colorado more particularly described as
follows:
Beginning at the Northwest corner of said Section 25, thence East
along the North line of the said NW 1/4 of the NW 1/4 of Section
25, a distance of 1,337.77 feet, more or less, to the Northeast
corner of said NW 1/4 of the NW 1/4 of Section 25;
thence South along the Easterly line of said NW 1/4 of the NW 1/4
a distance of 773.50 feet;
thence Westerly, parallel with the South line of the said NW 1/4
of the NW 1/4 a distance of 250.00 feet;
thence Southerly, parallel with the said East line of the said NW
1/4 of the NW 1/4 a distance of 322.30 feet, more or less, to a
point which is 208.7 feet North of the South line;
thence Westerly, parallel with and 208.70 feet Northerly of the
South line of the said NW 1/4 of the NW 1/4 a distance of 417.40
feet
thence South 208.70 feet to the South line of the NW 1/4 of the NW
1/4;
thence Westerly along the said South line a distance of 278.70
feet;
thence Northerly and parallel with the West line of said Section a
distance of 220.00 feet;
thence Westerly and parallel with the said South line a distance
of 278.70 feet;
thence Southerly, parallel with the West line of the said NW 1/4
of the NW 1/4 a distance 191.00 feet;
thence Westerly, parallel with the South line of the said NW 1/4
of the NW 1/4, a distance of 55.00 feet;
thence Southerly, parallel with the West line of the said NW 1/4
of the NW 1/4, a distance of 29.00 feet, more or less, to the
South line of the said NW 1/4 of the NW 1/4;
thence Westerly along the said South line of the said NW 1/4 of
the NW 1/4 a distance of 54.90 feet, more or less, to the
Southwest corner of the said NW 1/4 of the NW 1/4 a distance of
1297.20 feet, more or less, to the Northwest corner of the said
Section 25, the Point of Beginning,
EXCEPT that portion designated as Montezuma Road along the
Easterly line of subject property,
AND FURTHER EXCEPTING that portion deeded to the City of Pueblo, a
Municipal Corporation recorded April 14, 1989 in Book 2442 at Page
527,
AND FURTHER EXCEPTING that portion platted as Lot 1, Block 1,
Lighthouse Baptist Church Subdivision, Filing No. 1
Parcel B:
Vacated Lighthouse Baptist Church Subdivision, Filing No. 1,
described as:
A tract of land located in a part of Section 25, Township 20
South, Range 65 West of the 6th P.M., County of Pueblo, State of
Colorado, begin more particularly described as follows:
Beginning at the NW corner of Section 25, thence N 89 deg. 29 min.
11 sec. E along the north line of said Section 25, a distance of
392.56 feet to the POINT OF BEGINNING;
thence continuing along said north line, N 89 deg. 29 min. 11 sec.
E said line also being the south line of Starview Subdivision
Filing No. 1, a distance of 569.82 feet; thence S 00 deg. 00 min.
00 sec. W, a distance of 772.03 feet; thence S 89 deg. 29 min. 11
sec. W, a distance of 569.82 feet; thence N 00 deg. 00 min. 00
sec. E, a distance of 772.03 feet to the POINT OF BEGINNING,
EXCEPT that portion platted as Moonlight Subdivision
all in the County of Pueblo, State of Colorado
Commitment No. 7570623 C -5
FINAL AFFIDAVIT AND INDEMNITY
The undersigned, as General Contractor and /or Owner(s) and Purchaser(s), for the
purpose of inducing TRANSNATION TITLE INSURANCE COMPANY to issue its Loan and /or
Owner's Policy for Title Insurance in connection with the
property as described in Schedule A of Commitment No. 7570623
without exception as to mechanic's or other statutory liens, or any rights thereto,
where no notice of said liens or rights appear of record, do hereby make the following
representations to TRANSNATION TITLE INSURANCE COMPANY with full knowledge and intent
that said Company shall rely thereon:
OWNER'S AND /OR GENERAL CONTRACTOR'S STATEMENT:
1. That all persons, firms and corporations, including the General Contractor, and
all subcontractors, who have furnished services, labor or materials, according to
plans and specifications or otherwise used in connection with the construction of
improvements on the real estate herein described, have been paid in full or will
be paid in full.
2. That no claims have been made to the undersigned, nor is any suit now pending on
behalf of any contractor, subcontractor, laborer or materialman, and that no
chattel mortgages, conditional bills of sale, security agreements or financing
statements have been made, or are now outstanding as to any materials,
appliances, fixtures, or furnishings placed upon or installed in said premises.
3. That all of the improvements constructed on the real estate herein described were
completed on or before the date of closing.
PURCHASER'S STATEMENT:
1. That the improvements on the land have been fully completed by the General
Contractor and accepted by the undersigned as complete and satisfactory.
2. That the full purchase price has been paid by said Purchasers to satisfy all
contractual and legal obligations of the owner, including all amounts due to the
principal contractor or subcontractors for payments of services, labor or
materials.
3. That said premises are to be occupied by said Purchasers.
Commitment No.: 7570623
4. That the undersigned are not aware of any bills for services, labor or materials
used in connection with the construction of said improvements which have not been
paid.
5. The undersigned have not caused, agreed to or contracted for any materials to be
furnished or work to be done on said improvements which materials or labor have
not been paid for in full or which materials or labor could give rise to
mechanic's or other statutory liens; and have not executed any security
agreements or financing statements for materials, appliances, fixtures or
furnishings placed upon or installed in said premises.
THEREFORE THE UNDERSIGNED DO HEREBY AGREE TO PROTECT, DEFEND AND HOLD HARMLESS
TRANSNATION TITLE INSURANCE COMPANY AGAINST ANY AND ALL LIABILITY, LOSS, DAMAGE, COSTS
AND ATTORNEY FEES BY REASON OF ANY CLAIMS OR LIENS ASSERTED WITH RESPECT TO THE
MATTERS DESCRIBED IN THE ABOVE PARAGRAPH(S). THIS PARAGRAPH SHALL APPLY ONLY TO EACH
OF THE UNDERSIGNED AS IT RELATES TO WHICHEVER OF THE CONTRACTORS, OWNERS OR PURCHASERS
STATEMENT(S) AS IS APPROPRIATE.
Seller(s)
CLAIBORNE L. URTRIGHT
ANNE C. COURTRIGHT
N
STATE OF COLORADO }
COUNTY OF PUEBLO }
Buyer /Borrower(s)
LO, a Munic
1 Corporation
BY
THOMAS JAGGER, CIT ATTORNEY
The foregoing instrument was acknowledged, subscribed and sworn to before me this
8th day of September, 2000 by Claiborne L. Courtright and Anne C. Courtright
&S - C-z-ty- A- ttGrney-- €or— P-ueb- lo-,— a__Muni-cipa]r- Corporati
WITNESS MY HAND AND OFFICIAL SEAL.
/ /f "I
COMMISSION EXPIRES 08/11/X0 IE ``' Notarg Public
=COLO cn
TRANSNATION TITLE INSURANCE COMPANY
627 North Main Street
Pueblo, CO 81003
(719) 543 -0451
Escrow Officer: BONNIE OLIVIERI
SR. ESCROW OFFICER
Buyer(s): PUEBLO, a Municipal Corporation
Property: Vacant Ground
Pueblo, Colorado
Lengthly see commitment
DEBIT
Contract Sales Price ..................................... ............................... $158,000.00
Depositsby Buyer ........................................ ...............................
GIFT FROM SELLER ........................................... ...............................
FROM GREAT OUTDOORS COLORADO .............................. ...............................
PRORATIONS
COUNTY TAXES (BASED ON TOTAL $1984.58). 01/01/00 to 09/08/00 .....................
LENDER CHARGES:
RESERVES
TITLE CHARGES
REAL ESTATE CLOSING FEE ................................... ............................... 100.00
TAX INFORMATION ( 3) ....................................... ............................... 45.00
RECORDING FEES, TRANSFER TAXES
WarrantyDeed ............................................ ............................... 10.00
Title No. 7570623
Date September 8, 2000
BUYER'S CLOSING STATEMENT
Seller(s): CLAIBORNE L. COURTRIGHT
ANNE C. COURTRIGHT
CREDIT
500.00
33,000.00
100,000.00
1,364.74
ADDITIONAL CHARGES
RECEIPT DUE FROM BUYER
* * * ** SUB TOTAL 158,155.00
134,864.74
23,290.26
$158,155.00
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 1
THOMAS E. JAGG Y ATTORN
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. 7570623
Date September 8, 2000
SELLER'S CLOSING STATEMENT
Sellers) : CLAIBORNE L. COURTRIGHT Buyer(s) : PUEBLO, a Municipal Corporation
ANNE C. COURTRIGHT
Property: Vacant Ground
Pueblo, Colorado
Lengthly see commitment
DEBIT
ContractSales Price ..................................... ...............................
GIFT FROM SELLER .......................................... ............................... 33,000.00
PAYOFF
PRORATIONS
COUNTY TAXES (BASED ON TOTAL $1984.58). 01/01/00 to 09/08/00 ..................... 1,364.74
LENDER CHARGES:
RESERVES
TITLE CHARGES
REAL ESTATE CLOSING FEE ................................... ............................... 100.00
OWNERS TITLE INSURANCE PREMIUM ............................ ............................... 326.00
RECORDING FEES, TRANSFER TAXES
ADDITIONAL CHARGES
* * * ** SUB TOTAL 34,790.74
PROCEEDS DUE SELLER 123,209.26
$158,000.00
The above figures do not include sales or use taxes on personal property.
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
c
r x-
Broker
c CLAIBORNE L. COURTRIGHT
ANNE C. COURTRIGHT Transnation Title Insurance Company
CREDIT
$158,000.00
158,000.00
$158,000.00
By: BONNIE OLIVIERI
TRANSNATION TITLE INSURANCE COMPANY
C L O S I N G I N S T R U C T I O N S
THIS IS A LEGAL INSTRUMENT, IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING.
To: TRANSNATION TITLE
INSURANCE COMPANY
RE: Vacant Ground
Pueblo, Colorado
1. CLAIBORNE L. COURTRIGHT and ANNE C. COURTRIGHT (SELLER) and PUEBLO, a Municipal Corporation (PURCHASER) engage
TRANSNATION TITLE INSURANCE CO. (CLOSING AGENT), who agrees to provide closing and settlement services in connection with the
closing of the following described real estate in the County of Pueblo and State of Colorado, to wit:
LengthLy see commitment
also known as: Vacant Ground, Pueblo, Colorado
2. Closing Agent is authorized to obtain information and agrees to prepare, obtain deliver and record all documents,
excluding preparation of legal documents, necessary to carry out the terms and conditions of the contract to buy and sell real
estate, dated November 22, 1999, with ALL amendments and counterproposals attached (Contract), and made part of this document.
3. Legal documents will be prepared by Closing Agent at the expense of n /a.
4. Closing Agent will receive a fee not to exceed $200.00 for providing these closing and settlement services to be the
expense of BUYER & SELLER EQUALLY.
5. Closing Agent is authorized to receive funds and to disburse funds when all funds received are either:available for
immediate withdrawal as a matter of right from the financial institution in which the funds have been deposited or are
available for immediate withdrawal as a consequence of an agreement of financial institution in which the funds are to be
deposited or a financial institution upon which the funds are to be drawn( "Good Funds ").
6. Closing Agent is not authorized to release any documents or things of value prior to receipt and disbursement of Good
Funds, except as provided in paragraphs 12 and 13.
7. Closing Agent shall disburse all funds in closing except those funds as may be separately disclosed in writing to
Purchaser and Seller by Closing Agent or Agent or Purchaser's lender on or before closing.
B. Seller will receive the net proceeds of closing as indicated: [X) Closing Agent's Trust Account Check, [ ) Cashier's
Check at Seller's expense, [ ) Funds electronically transferred (wire transfer) to an account specified by the Seller, at
Seller's expense.
9. Purchaser and Seller will furnish any additional information and documents required by Closing Agent which will be
necessary to complete this transaction, and Purchaser and Seller further agrees to sign and complete all and customary
required documents at closing to fulfill the Contract.
10. Closing Agent will prepare and deliver an accurate, complete and detailed closing statement to Purchaser and Seller
at time of closing.
11. If requested by Closing Agent, earnest money deposit will be delivered to Closing Agent in sufficient time before
closing to disburse Good Funds.
12. The Closing Agent is to comply with the instructions of the Purchaser's Lender regarding the payment of all real
property taxes and special assessments, despite any provision in these printed Closing Instructions or the Sale and Purchase
Agreement to the contrary. The parties agree to, and do hereby, hold Closing Agent and the title insurance company harmless
regarding said real property taxes and special assessments paid or to be paid by others.
13. If closing does not occur, Closing Agent, except as provided herein, is authorized and agrees to return all
documents, monies, and things of value to the depositing party and Closing Agent will be relieved from any further duty,
responsibility or liability in connection with these instructions. In addition, any promissory note, deed of trust, or other
evidence of indebtedness signed by Purchaser, shall be voided by Closing Agent, with the originaL(s) returned to Purchaser and
copy to Purchaser's lender.
14. If any conflicting demands are made on the Closing Agent, at its sole discretion Closing Agent may hold any monies,
documents, and things of value received from any party except Purchaser's lender, Closing Agent shall retain such items until
(1) receipt of mutual written instruction from Purchaser and Seller; or (2) until a civil action between Purchaser and Seller
shall have been finally concluded in a Court of competent jurisdiction; or (3) in the alternative, Closing Agent may, in its
sole discretion, commence a civil action to interplead, or interplead in any existing civil action, any documents, monies or
other things of value received by Closing Agent. Such deposit with the Court shall relieve Closing Agent of all further
liability and responsibility and Closing Agent shall be entitled to all court costs and reasonable attorneys' fees.
15. These closing instructions may only be amended or terminated by written instructions signed by Purchaser, Seller and
Closing Agent.
16. Special Instructions:
APPROVED AND ACCEPTED
Setter( s)
S
r
CLAIBORNE L. COURTRIGHT f�
-Lk 1 4 0 R: c t rL2 (Q
ANNE C. COURTRIGHT
Purchaser(s)
PUEBLO, a Municipal Corporation
BY hi g
THOMAS E. JAGGER, CITY ATTORNEY
Closing Agent
By: BONNIE OLIVIERI 09/08/00
REAL ESTATE TAX AGREEMENT
Escrow No.: 7570623
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: Vacant Ground
Pueblo, Colorado
that taxes for the current year have been adjusted as of this date as follows:
f:3 RI�Ori]I209R#Adel
Taxes have been prorated on an estimate of $1984.58 (1999 ACTUAL) for the year
2000.
AGREEMENT FOR READJUSTMENT
The above tax proration is considered to be final settlement.
ASSESSMENTS
It is further understood and agreed between the purchasers and the sellers that:
Special improvements now in are paid in full.
OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION
ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S /TREASURER'S OFFICE AND /OR
APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSNATION TITLE INSURANCE COMPANY
SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY
RELEASE TRANSNATION TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE
ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED.
APPROVED AND ACCEPTED:
Purchaser(s)
PUEBLO, a Municipal Corporation
B Y --
THOMAS E. AG R, CITY ATTORNEY
Seller(s)
CLAIBORNE L. COURTRIGHT
ANNE C. COURTRIGHT
This agreement executed this 8TH day of SEPTEMBER, 2000.
ESCROW NO.: 7570623