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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