HomeMy WebLinkAbout09137RESOLUTION NO. 9137
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, PORTAL DRIVE ASSOCIATES, L.L.C.
AND DILLON DRIVE ASSOCIATES, LLC RELATING TO
TRANSPORTATION IMPACT FEES AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
WHEREAS, Portal Drive Associates, LLC was the developer of three separate subdivisions
and entered into subdivision improvements agreements with respect to those subdivisions, and
WHEREAS, the subdivision improvements agreements required among other things for the
developer to pay certain sums toward the cost of road and highway improvements including
signalization ( "transportation impact fee "); and
WHEREAS, there is a dispute as to the amount of the outstanding balance of the
transportation impact fees; and
WHEREAS, subdivider has offered to transfer to the City approximately 57.61 acres of
unimproved land along the Fountain Creek in lieu of paying the outstanding balance of the
transportation impact fees; and
WHEREAS, City administration is willing to accept the 57.61 acres of land in exchange for
the outstanding balance of the transportation impact fees estimated by the City to be $196,000;
NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement Regarding Transportation Impact Fees dated October 23, 2000 between the
City of Pueblo, a municipal corporation, Portal Drive Associates, LLC, and Dillon Drive Associates,
LLC (the "Agreement "), a copy of which is attached hereto, having been approved as to form by the
City Attorney, is hereby approved and the conveyance of the land described therein to the City is
hereby accepted.
SECTION 2
The President of the City Council is hereby authorized to execute and deliver the Agreement
in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest
same.
C
ATTEST:
City rk
INTRODUCED: October 23, 2000
ich Golend
Councilperson
APP VED:
President of the City Council
-2-
N
OCTOBER 23, 2000 AGENDA -
CITY COUNCIL BACKGROUND MEMORANDUM -
RESOLUTION APPROVING AN AGREEMENT BETWEEN
THE CITY OF PUEBLO, PORTAL DRIVE ASSOCIATES, LLC AND
DILLON DRIVE ASSOCIATES, LLC RELATING TO
TRANSPORTATION IMPACT FEES AND AUTHORIZING
THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
The Resolution approves an Agreement dated October 23, 2000 between the City of Pueblo,
Portal Drive Associates, LLC ('Developer ") and Dillon Drive Associates, LLC ( "Dillon ") relating to
transportation impact fees ( "Agreement ").
The Developer developed three separate subdivisions and entered into subdivision
improvements agreements which required among other things that the Developer pay certain sums
toward the cost of road and highway improvements including signalization ( "transportation impact
fees "). The outstanding balance of the transportation impact fees are in dispute and the City estimates
them to be $196,000. Developer and Dillon have offered to convey approximately 57.61 acres of
land along the Fountain Creek owned by Dillon to the City in lieu of paying the outstanding balance
of the transportation impact fees. City's administration is willing to accept the land subject to
approval of its condition and title in exchange for the outstanding balance of the impact fees. The
57.61 acres of land is adjacent to City's other land along the Fountain Creek and will add to the City's
ownership of Fountain Creek land.
The Agreement also requires the Developer to complete deficient and incomplete
improvements, describes those deficient and incomplete improvements, establishes the time frame for
completion of the improvements, and provides for a letter of credit as security for the Developer's
completion of those improvements.
AGREEMENT REGARDING TRANSPORTATION IMPACT FEES
This Agreement Regarding Transportation Impact Fees (the "Agreement ") is executed as of
the 23rd day of October, 2000 (the "Execution Date ") by and among The City of Pueblo, Colorado,
a Colorado municipal corporation (the "City "), Portal Drive Associates, L.C., a Texas limited
liability company doing business in the State of Colorado as Portal Drive Associates, L.L.C., a Texas
limited liability company ( "Developer "), and Dillon Drive Associates, L.L.C., a Texas limited
liability company ( "Dillon "). City, Developer and Dillon are hereinafter sometimes collectively
called the "Parties" and individually called a "Party."
PREAMBLE
This Agreement is executed with respect to the following facts, intentions and
understandings:
A. Developer has developed three (3) separate subdivisions (collectively referred to
herein as the "Subdivisions" and individually referred to herein as a "Subdivision ") known as North
Pueblo Commercial Park Filing No. 3 ( "Filing No. 3 "), North Pueblo Commercial Park Filing No.
4 ( "Filing No. 4 "), and North Pueblo Commercial Park Filing No. 5 ( "Filing No. 5 "), respectively,
in the City of Pueblo, Pueblo County, Colorado. In connection with the development of the
Subdivisions, Developer has entered into certain agreements and addendums (the "Subdivision
Agreements ") with City pursuant to which Developer has agreed to pay certain sums toward the cost
of road and highway improvements including signalization (the "Transportation Impact Fees ") to
City. Reference here is made to the Subdivision Agreements for all purposes.
B. Dillon is a wholly owned subsidiary of Developer. Developer, Dillon and City have
agreed subject to the covenants of this Agreement that in lieu of paying the outstanding balance of
the Transportation Impact Fees, Dillon will convey to City the real property described in Exhibit "A"
attached hereto and made a part hereof for all purposes (the "Property ").
AGREEMENT
In consideration of the recitals contained in the Preamble and other valuable consideration
each to the other in hand paid, the receipt and sufficiency of which is hereby acknowledged, the
Parties agree as follows:
1. On the Closing Date (hereinafter defined), Dillon will convey to City marketable fee
simple title to the Property by general warranty deed in substantially the form attached as Exhibit "B"
free of liens and encumbrances except general taxes for the year of closing. Title shall be subject
to all easements, restrictions, reservations, agreements and covenants affecting the same, or any part
thereof, as the same are shown of record in the office of the Pueblo County Clerk and Recorder.
2. Within twenty (20) days after Execution Date, Developer shall cause to be furnished
to City, at Developer's expense, a current commitment for ALTA Owner's Policy (10- 17 -92) issued
by Transnation Title Insurance Company in the amount of $196,000.00 together with legible copies
of documents listed in the schedule of exemptions ( "Title Documents "). Developer shall cause the
title insurance policy to be delivered to City as soon as practicable after Closing Date.
3. City, subject to its satisfaction of the physical condition of, and title to the Property,
after reasonable investigation including the review of Title Documents, will accept Dillon's
conveyance of the Property as payment in full of the balance of all Transportation Impact Fees and
other impact fees owed to City in connection with the Subdivisions, regardless of whether such
Transportation Impact Fees and other impact fees are owed by Developer, Dillon or their respective
predecessors in title, successors, legal representatives or assigns, provided, however, that the
foregoing provisions shall not require City to refund to Developer or any other person the
$100,000.00 Transportation Impact Fees or other impact fees actually paid to City prior to the
Execution Date.
4. As used in this Agreement, the term "Closing Date" shall mean thirty (30) calendar
days after City notifies Developer and Dillon in writing that the physical condition of, and title to the
Property are satisfactory to City, provided, however, that City's notice is given within sixty (60) days
after receipt of the Title Documents. If City fails to timely notify Developer and Dillon that the
physical condition of, or title to the Property are satisfactory to City, this Agreement shall terminate.
If Dillon does not convey title to the Property to City as herein provided on or before Closing Date
after timely receipt of City's notice that the condition of, and title to the Property are satisfactory to
City, this Agreement shall terminate. Upon termination of the Agreement as provided in this
paragraph 4 all parties shall be released from all obligations hereunder but not any obligation or
responsibility under the Subdivision Agreements.
5. Within fifteen (15) days after Developer's receipt of City's notice that the physical
condition of, and title to the Property are acceptable to City, Developer will commence to perform
the following work (the "Work ");
a. Developer will install rip -rap along Fountain Creek as shown on plans therefor
previously approved in writing by City's Director of Public Works;
b. Developer will remove silt deposits, reestablish design volume and certify by
a Professional Land Surveyor, revegetate all disturbed areas and provide watering as needed
to establish growth acceptable to City's Director of Public Works, and perform all necessary
maintenance work on the detention basis located on Tract "A" of Filing No. 5; and,
C. Developer will complete the repairs to curbs, gutters, sidewalks and roadway
along Dillon Drive which are described in Exhibit "C" attached hereto and made a part hereof
for all purposes.
Developer shall complete the Work in a workmanlike manner and in compliance and accord-
ance with plans and specifications therefor approved by City's Director of Public Works within one
-2-
hundred twenty (120) days after Execution Date, subject to delays resulting from adverse weather
and other circumstances beyond Developer's control. The Work shall not be considered complete
until and unless accepted in writing by City's Director of Public Works. City agrees to accept the
Work, except the rip -rap along the Fountain Creek described in paragraph 5 above (the "Rip- Rap ")
"AS IS" without warranty of any kind by the Developer. The Developer shall warrant the materials
and workmanship of the Rip -Rap for a period of two (2) years after acceptance thereof by the City,
provided that such warranty shall not cover damage to the Rip -Rap due to public abuse or acts of
God but excluding water flow in the Fountain Creek which does not exceed the design criteria for
the Rip -Rap which was incorporated in the plans referred to in paragraph 5(a) of the Agreement.
If the Developer fails to complete the Work within the time specified, City will draw upon
the Letter of Credit described in 6. below, and use the proceeds to complete the work.
6. Upon execution of this Agreement, Developer will cause to be issued to City a Letter
of Credit in the amount of $150,000 issued by a financial institution located in the City of Pueblo
for the performance and completion of the Work. The Letter of Credit shall be with such financial
institution and in form and content approved by City. Upon receipt of such Letter of Credit, City
will cause the initial Letter of Credit issued by Pueblo Bank and Trust Company in the amount of
$208,575.00 with an extended expiration date of April 15, 2001 to be delivered to Developer,
provided however, if the $150,000 Letter of Credit is not issued and delivered to City by November
30, 2000, City may draw upon the $208,575.00 Letter of Credit in an amount estimated by City's
Director of Public Works as reasonably necessary and required for the performance and completion
of the Work.
7. City and Developer agree that the Work described in 5(a), (b) and (c) above constitute
all of the remaining deficient and incomplete subdivision improvements required by the Subdivision
Agreements and upon completion of the Work and acceptance of the Work by the City, Developer
shall not be obligated to construct any additional subdivision improvements to the Subdivisions,
(except water and sewer services to Lots 3 and 4 of Filing No. 5 which are only required to be
installed before building permits are issued) including without limitation, seeding any of the areas
located North of Lot 1, Filing No. 5 and west of the railroad right of way. However, nothing
contained in this Agreement shall release or discharge, nor be construed to release or discharge,
Developer, its successors and assigns or the land and land owners within the Subdivisions from any
obligation imposed by the Subdivision Agreements or Declaration of Covenants for the perpetual
operation, maintenance and repair of storm water drainage structures, detention facilities and
improvements located on Tract A of Filing No. 5 (including drainage facilities located in easements
and railroad pipeline crossings located outside Filing No. 5), and improvements, service lines and
facilities installed in easements shown on the plats of the Subdivisions.
8. Developer shall have the right and option exercisable prior to Closing Date to exclude
from this Agreement a portion of the Property not to exceed ten (10) acres upon payment to City on
Closing Date an amount equal to $196,000.00 divided by the number of acres in the Property,
multiplied by the number of acres excluded.
9. This Agreement shall be binding upon and inure to the benefit of City, Developer,
Dillon and all past and present owners of all or any part of the real property included in the
Subdivisions and their respective heirs, successors, legal representatives and assigns. This
Agreement shall be governed by and construed in accordance with the laws of the State of Colorado,
and all obligations of the Parties shall be performable in Pueblo County, Colorado. Except as
otherwise provided in paragraph 7 above, this Agreement supersedes any and all prior or
contemporaneous agreements of the Parties with respect to the subject matter hereof, whether written
or oral, express or implied, arising by operation of law or otherwise (including, without limitation,
the Subdivision Agreements to the extent in conflict with or inconsistent with this Agreement).
Time is of the essence to this Agreement and the obligations of the Parties hereunder.
10. In the event of any litigation arising out of this Agreement or its interpretation, the
Court shall award to the prevailing party in addition to damages and any other relief, the prevailing
party's costs and expenses, including reasonable attorney fees. Venue for any such action shall be
in Pueblo County, Colorado.
11. Any notice permitted or required to be given under this Agreement shall be deemed
given if personally served, or mailed by United States certified mail, postage prepaid, addressed
a. if to City: Director of Public Works, City of Pueblo, 211 East "D" Street, Pueblo,
Colorado, 81003, and Thomas E. Jagger, City Attorney, 127 Thatcher Building, Pueblo, Colorado,
81003,
b. if to Developer or Dillon: Robert G. Muzyka, Jr., 2574 74th Street, Suite 210,
Lubbock, Texas, 79423, or such other address as either party may designate by written notice given
to the other parties as above provided.
Executed as of the day and year first above written.
DEVELOPER:
PORTAL DRIVE ASSOCIATES, L.C.,
a Texas limited liability company doing
business in Colorado as PORTAL DRIVE
ASSOCIATES, L.L.C., a Texas limited liability
co-m, ppany
B
a
DILLON:
DILLON DRIVE ASSOCIATES, L.L.C.,
a Texas limited liability company
0
By
Its
THE STATE OF TEXAS )
) ss.
COUNTY OF LUBBOCK )
CITY:
TH
F C TY OF PUE LO, COLORADO
a to ado mun'� i al gorporation
Y
rX 11 V, I k,A
Its President of City Council
The foregoing instrument was acknowledged before me on the day of ,
2000, by . M Z , Authorized Member of Portal Drive Associates,
L.C., a Texas limited liability com any doing business in Colorado as Portal Drive Associates,
L.L.C., a Texas limited liability company, on behalf of said Company.
LAURIE LEE DUNN *rint ub ic, St e of Texas
•' Notary Public, State of Texas ame: �����' L
••• •
12-W2003 Commission expires: /Z-6a- b ?
THE STATE OF TEXAS )
) ss.
COUNTY OF LUBBOCK )
- IL-
The foregoing instrument was acknowledged before me on the day of
2000, by p = (. Q�' &- N( (( ,r.q &X , Authorized Member of Dillon Drive Associates,
L.L.C., a Texas limited liability co any; on behalf of said Company. _
cma�imamo
LAURIE LEE DUNN
i , •»� Notary Puaiic, State of Texas
My COM.Mi8sky, 'Expires
v
A tart' I'Liblic, t ,T
Printed Name:
Commission expires:
-5-
THE STATE OF COLORADO
)ss.
COUNTY OF PUEBLO
The foregoing instrument was acknowledged before me on the 24th day of October ,
2000, by Corinne Koehler, as President of the City Council of the City of Pueblo, Colorado, a
Colorado m
My C-on, rrnsiul
on, on behalf of said corporation.
otaryy Public, State of Colorado
Printed Name: Lorene M. Santistevan
Commission expires: 8-21-2003
KIII
0. 1
O
My C-on, rrnsiul
on, on behalf of said corporation.
otaryy Public, State of Colorado
Printed Name: Lorene M. Santistevan
Commission expires: 8-21-2003
KIII
"EXHIBIT A"
LEGAL DESCRIPTION
All of that certain real property (the "Property ") described as follows:
That portion of the following described property which lies East of the
Easterly right of way line of the Denver & Rio Grande Railroad:
W1 /2 of the NW1 /4 and the W1 /4 of the E1 /2 of the NW1 /4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado
AND
E1 /4 of the SE1 /4 of the NEl /4 of Section 13, Township 20 South, Range
65 West of the 6th P.M., County of Pueblo, State of Colorado
EXCEPTING from the above two parcels, a tract of land deed to E.
Waverly and S. Hindman by a deed recorded December 31, 1888 in Book 62
at Page 588
AND EXCEPTING a parcel deed to Associated Ornithologists, Ltd. by
instrument recorded May 16,1972 in Book 1717 at Page 772
AND EXCEPTING from said Section 13 described above the South 60 feet
for road
f wo,
A tract of land in the S1 /2SE1 /4NE1/4 of Section 13, Township 20 South,
Range 65 West of the 6th P.M., County of Pueblo, State of Colorado
described as follows:
COMMENCING at the Southeast corner of the West 3/4 of the said
SE1 /4NE1/4 Section 13,
running thence West along the South line of the said SEl /4NE1/4 Section
13 to the East line of the right of way of the Denver & Santa Fe
Railway,
thence Northeasterly along the said East line of the said right of way
to the North boundary of the Sl /2SE1 /4NE1 /4 Section 13,
thence Easterly along the North line of said West 3/4 of S1 /2SE1 /4NE1 /4
Section 13 to the Northeast corner thereof,
thence South along the Easterly line of said tract to the POINT OF
BEGINNING,
EXCEPTING the South 60 feet for road.
SAVE AND EXCEPT, and the Property shall not include, any portion of the
foregoing tracts lying within the right -of -way of Dillon Drive or
included in Parcel A and Parcel B of this Exhibit, said Parcel A and
Parcel B, respectively, being further described as follows:
Exhibit A - Page 1 of 2
PARCEL A:
A PARCEL OF LAND BEING PORTION OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST AND THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SECTION 18, SAID POINT BEING AN
AXLE IN A RANGE BOX, THENCE N89 - 26 "E ON THE SOUTH LINE OF SAID NORTHWEST
QUARTER, A DISTANCE OF 792.32 FEET TO A POINT ON THE EASTERLY RIGHT -OF -WAY
LINE OF 40TH STREET, SAID POINT BEING THE POINT OF BEGINNING;
THENCE ON THE EASTERLY AND NORTHERLY RIGHT -OF -WAY LINE OF 40TH STREET AND THE
NORTHEASTERLY RIGHT -OF -WAY LINE OF DILLON DRIVE THE FOLLOWING NINE (9) COURSES:
1. N 00'28'56 "E, A DISTANCE OF 105.25 FEET TO A POINT OF CURVE;
2. ON THE ARC OF A CURVE TO THE LEFT , HAVING A DELTA OF 109'34'27 ", A
RADIUS OF 96.78 FEET, A DISTANCE OF 185.09 FEET TO A POINT;
3. S70'54'35 "E A DISTANCE OF 51.22 FEET,
4. S89'48'48 "W A DISTANCE OF 147.64 FEET;
5. N26'25'24 "W, A DISTANCE OF 147.63 FEET TO A POINT OF CURVE;
6. ON THE ARC OF A CURVE TO THE LEFT, HAVING A DELTA OF 35'00'00", A
RADIUS OF 856.30 FEET, A DISTANCE OF 523.08 FEET TO A POINT OF TANGENT;
7. N61'26'20 "W, A DISTANCE OF 58.19 FEET;
8. N63'54'51 "W, A DISTANCE OF 137.90 FEET;
9. N71'07'25 "W, A DISTANCE OF 43.49 FEET TO A POINT ON THE EASTERLY RIGHT -OF-
WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD;
THENCE N23'32'41 "E, ON SAID EASTERLY LINE A DISTANCE OF 468.52 FEET; THENCE
S66'27'19 "E, A DISTANCE OF 1055.38 FEET; THENCE S01'19'05 "E, A DISTANCE
OF 794.06 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTHWEST QUARTER; THENCE
S89'59'26 "W, A DISTANCE OF 210.29 FEET TO THE POINT OF BEGINNING.
PARCEL 8:
A PARCEL OF LAND BEING PORTION OF THE NORTHEAST QUARTER OF SECTION 13,
TOWNSHIP 20 SOUTH, RANGE 65 WEST AND THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 20 SOUTH, RANGE 64 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF
PUEBLO, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT MARKED BY AN AXLE IN RANGE BOX AT THE EAST QUARTER
CORNER OF SECTION 13; THENCE N 00'25'23 "W, ON THE EAST LINE OF SAID SECTION 13
A DISTANCE OF 60.01 FEET; THENCE S88'34'38 "W, PARALLEL TO THE SOUTH LINE OF THE
NORTHEAST QUARTER OF SECTION 13 A DISTANCE OF 465.35 FEET TO A POINT ON THE
EASTERLY RIGHT -OF -WAY LINE OF THE DENVER AND RIO GRANDE RAILROAD, SAID POINT
BEING A POINT ON CURVE; THENCE ON THE ARC OF A CURVE TO THE RIGHT, WHOSE CENTER
BEARS S75'47'26 "E, HAVING A DELTA OF 09'20'07 ", A RADIUS OF 1806.25 FEET, A
DISTANCE OF 294.30 FEET TO A POINT OF TANGENT; THENCE CONTAINING ON SAID RIGHT -
OF -WAY N23'32'41 "E, A DISTANCE OF 143.62 FEET TO A POINT ON THE SOUTHWESTERLY RIGHT
-OF -WAY LINE OF DILLON DRIVE AND THE NORTHWESTERLY RIGHT -OF WAY LINE OF 40TH STREET
THE FOLLOWING EIGHT (8) COURSES:
1. S66'26'45 "E, A DISTANCE OF 118.16 FEET;
2. S73'31'50 "E, A DISTANCE OF 210.80 FEET;
3. S 65'51'46 "E, A DISTANCE OF 64.09 FEET TO A POINT OF CURVE;
4. ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 39'01'16 ", A RADIUS OF
426.14 FEET, A DISTANCE OF 290.22 FEET;
5. S26'24'11 "W, A DISTANCE OF 48.36 FEET;
6. S69'39'22 "W, A DISTANCE OF 70.19 FEET;
7. S45'32'06 "W, A DISTANCE OF 50.97 FEET;
8. S79'39'1 5 "W, A DISTANCE OF 140.34 FEET TO THE POINT OF BEGINNING.
Exhibit A - Page 2 of 2
WARRANTY DEED
TI IIS DEED, dated
between
a corporation duly organized and existing under and by virtue of the laws of the State of
grantor, and
whose legal address is
of the 'County of and State of grantee:
WITNESS that the grantor, for and in consideration of the sum of
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 and State of Colorado,
described as follows:
also known by street and number as:
assessor's schedule or parcel number:
TOGETHER with all and singular the hereditamenls and appurtenances thereunto belonging, or in anywise appertaining, the reversion
and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, 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 ILWE AND TO IIOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and
assigns forever. The grantor, for itself, its successors and assigns, does covenant, grant, bargain and agree to and with the grantee, his heirs
and assigns, that at the time of the cnscaling and delivery of these presents, it 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 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
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 1V1TNE,SS WI IEREOF, the grantor has caused its corporate name to be hereunto subscribed by its President, and its
corporate seal to be hereunto affixed, attested by its Secretary, the day and year first above written.
Attest
s..:rctary
By Presidem
STATE OF COLORADO 1
1 1 ss.
County of
The foregoing instrument was acknowledged before me this day of
b as President
and as Secretary
of a corporation.
Witness my hand and official seal.
My commission expires:
l
*If in Dcnvcr, insert "City and ", Nanry Public �.
Name and Address of Person Creating Neely Created Ugal Description (§ 38 38.3 it 06.5. CR.S.1
No. 40B. Rev. 3 -98. WARRANTY DEED (Corporation)
Bradford Publishing. 1743 q'azee St., Dcmcr. CO 8020'_ — (303) 292.2500 — 1 -99
EXHIBIT "B"
July 24, 2000
Page 1 of 2
EXHIBIT C
NORTH PUEBLO COMMERCIAL PARK
FILING NOS: 3, 4, & 5
ITEM#
1
2.
DESCRIPTION
EST. QTY /UNIT
Remove /replace curb & gutter
328 LF
3) Sta 4 +00
1) Sta 0 +75
Left
5 ft.
2) Sta 1 +40
Right
5 ft.
3) Sta 2 +75
Right
25 ft
4) Sta 6 +25
Right
10 ft.
5) Sta 6 +75 (7 ")
Right
10 ft.
6) Sta 8 +10 (7 ")
Right
10 ft.
7) Sta 8 +25
Left
15 ft.
8) Sta 8 +45
Right
10 ft.
9) Sta 12 +30
Right
15 ft.
10) Sta 14 +50
Left
15 ft.
11) Sta 15 +10
Right
11 ft.
12) Sta 15 +25
Left
12 ft.
13) Sta 16 +10 (island)
Left
80 ft.
14) Sta 15 +50
Right
15 ft.
15) Sta 16 +75
Left
10 ft.
16) Sta 16 +80
Right
20 ft.
17) Sta 17 +25
Left
10 ft.
18) Sta 17 +30
Right
20 ft.
19) Sta 17 +70
Right
30 ft.
Remove /replace sidewalk (6ft x 4in)
645 SF
1) Sta 2 +75
Right
2) Sta 3 +75
Right
3) Sta 4 +00
Right
4) Sta 4 +75
Right
5) Sta 8 +25
Right
6) Sta 8 +65
Right
7) Sta 15 +10 (catch basin)
Left
8) Sta 15 +40 (island)
Right
9) Sta 16 +10 (island)
Left
10) Sta 16 +50
Right
11) Sta 17 +50
Left
12) Sta 18 +00
Left
90 sf
60 sf
60 sf
60 sf
50 sf
30 sf
60 sf
40 sf
90 sf
40 sf
35 sf
30 sf
3. Remove /replace sidewalk (6 ft. x 6 in) 300 sf
1) Sta 0 +15 (handicap ramp) Right
2) Sta 7 +00 (handicap ramp) Right
100 sf
200 sf
July 24, 2000
Page 2 of 2
EXHIBIT C
NORTH PUEBLO COMMERIAL PARK
FILING NOS: 3, 4, & 5
ITEM# DESCRIPTION
EST. QTY/UNIT
4. Remove /replace 7' reinforced concrete 150 sf
1) Sta 0 +15 Right 70 sf
2) Sta 15 +65 Right 80 sf
5. Various skin patches on utility trenches, etc.
1) Sta 0 +15
Right
3 sy
2) Sta 0 +15 (water manhole)
Left
4 sy
3) Sta 6 +75 rough water valves
Right
300 sy
4) Sta 7 +50 e.side behind pan
Right
10 sy
5) Sta 8 +75 (bus stop)
Right
50 sy
6) Sta 9 +90 water service
Right
40 sy
7) Sta 13 +85 adjacent to c & g
Left
3 sy
8) Sta 14 +25 pavement failure
Left
9) Sta 14 +60 rutting
Right
12 sy
10) Sta 15 +00 low storm sewer
Right
2 sy
11) Sta 15 +10 rough
Right
2 sy
12) Sta 16 +10 (island)pavement fail.
Left
2 sy
13) Sta 16 +25 pavement failure
Left
10 sy
14) Sta 16 +40 pavement failure
Left
2 sy
15) Sta 15 +50 thru 16 +25 (Lane)
Right
100 sy
6. Asphalt overlay (2" avg. thickness)
As required
(Intersection to subline)
7. Raise manholes (2) to grade & all water valves
2 ea
8. Traffic Markings
Crosswalk Bars
400 sf
Striping
300 sf
9. Sta 12 +75 to Sta 15 +25 Right
Provide timber curb to contain landscape rock adjacent to sidewalk
2
D D O
ED °
City of Pueblo
OFFICE OF THE CITY ATTORNEY
127 Thatcher Building
PUEBLO, COLORADO 81003
MEMORANDUM
TO: Gina Dutcher, City Clerk
FROM: City Attorney
RE: Resolution No. 9137
DATE: December 28, 2000
—11- 4..%`,
C ITyCLF,�,�ls
Oi FI
DEC 2 9 2000
PxC CC
�
We enclose the following documents to be kept with Resolution No. 9137 authorizing the
purchase of the real property involved in this transaction:
(a) Owner's Title Insurance Policy No. 7572292 issued by Transnation Title
Insurance Company under date ,of December 12, 2000.
(b) Warranty Deed recorded December 12, 2000 as instrument number 1361947
conveying title to the real property to the City.
(c) The following closing documents:
1. Seller's Closing Statement
2. Buyer's Closing Statement
3. Final Affidavit and Indemnity
4. Real Estate Tax Agreement
5. Real Property Transfer Declaration with Attachment
Very truly yours,
Thomas ger
sm
encs.
U T
ISSUED BY
TRANSNATION TITLE INSURANCE COMPANY
Transnation
A LANDAMERICA COMPANY
OWNER'S POLICY OF TITLE INSURANCE
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:
I. 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
Attest: G✓
Secretary
By:
President
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:
I . (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 (i) 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
B 1190 -56
t CONTROL NO. A 3 1 i 14 4 O S
CONDPI' -
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)
(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.
Y
TRANSNATION TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 196,000.00 Policy No.: 7572292
Date of Policy: December 12, 2000 at 10:48 A.M. up to and including
Reception No. 1361947
1. Name of Insured:
The City of 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:
The City of 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.: 7572292
LEGAL DESCRIPTION
That portion of the following described property which lies East of the
Easterly right of way line of the Denver & Rio Grande Railroad:
W1 /2 of the NW1 /4 and the W1 /4 of the E1 /2 of the NW1 /4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State
of Colorado
AND
E1 /4 of the SE1 /4 of the NE1 /4 of Section 13, Township 20 South, Range 65
West of the 6th P.M., County of Pueblo, State of Colorado
EXCEPTING from the above two parcels, a tract of land deeded to E. Waverly
and S. Hindman by a deed recorded December 31, 1888 in Book 62 at Page 588
AND EXCEPTING a parcel deeded to Associated Ornithologists, Ltd. by
instrument recorded May 16, 1972 in Book 1717 at Page 772
AND EXCEPTING from said Section 13 described above the South 60 feet for
road
AND
A tract of land in the S1 /2SE1 /4NE1/4 of Section 13, Township 20 South,
Range 65 West of the 6th P.M., County of Pueblo, State of Colorado
described as follows:
COMMENCING at the Southeast corner of the West 3/4 of the said SE1 /4NE1 /4
Section 13,
running thence West along the South line of the said SE1 /4NE1/4 Section 13
to the East line of the right of way of the Denver & Santa Fe Railway,
thence Northeasterly along the said East line of the said right of way to
the North boundary of the S1 /2SE1 /4NE1/4 Section 13,
thence Easterly along the North line of said West 3/4 of S1 /2SE1 /4NE1 /4
Section 13 to the Northeast corner thereof,
thence South along the Easterly line of said tract to the POINT OF
BEGINNING,
EXCEPTING the South 60 feet for road.
SAVE AND EXCEPT, and the Property shall not include, any portion of the
foregoing tracts lying within the right -of -way of Dillon Drive or included
in Parcel A and Parcel B of this Exhibit, said Parcel A and Parcel B,
respectively, being further described as follows:
Parcel A:
A Parcel of land being a portion of the NE 1/4 of Section 13, Township 20
South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State
of Colorado, being more particularly described as follows:
Page 2
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE A - continued
LEGAL DESCRIPTION
Policy No.: 7572292
Commencing at the west quarter corner of Section 18, said point being an
axle in a Range box, thence N 89 deg. 59 min. 26 sec. E on the south line
of said NW 1/4, a distance of 792.32 feet to a point on the easterly
right -of -way line of 40th Street, said point being the point of beginning;
thence on the easterly and northly right -of -way line of 40th Street and
the northeasterly right -of -way line of Dillon Drive the following nine
courses;
1. N 00 deg. 28 min. 56 sec. E, a distance of 105.25 feet to a point of
curve;
2. on the arc of a curve to the left, having a delta of 109 deg. 34 min.
27 sec., a radius of 96.78 feet, a distance of 185.09 feet to a point;
3. S 70 deg. 54 min. 35 sec. E a distance of 51.22 feet;
4. S 89 deg. 48 min. 48 sec. W a distance of 147.64 feet;
5. N 26 deg. 25 min. 24 sec. W, a distance of 147.63 feet to a point of
curve;
6. on the arc of a curve to the left, having a delta of 35 deg. 00 min. 00
sec., a radius of 856.30 feet, a distance of 523.08 feet to a point of
tangent;
7. N 61 deg. 26 min. 20 sec. W, a distance of 58.19 feet;
8. N 63 deg. 54 min. 51 sec. W, a distance of 137.90;
9. N 71 deg. 07 min. 25 sec. W, a distance of 43.49 feet to a point on the
easterly right -of -way line of the Denver and Rio Grande Railroad;
thence N 23 deg. 32 min. 41 sec. E, on said easterly line a distance of
468.52 feet; thence S 66 deg. 27 min. 19 sec. E, a distance of 1055.38
feet; thence S O1 deg. 19 min. 05 sec. E, a distance of 794.06 feet to a
point on the south line of said NW 1/4; thence S 89 deg. 59 min. 26 sec.
W, a distance of 210.29 feet to the point of beginning.
Parcel B:
A parcel of land being a portion of the NE 1/4 of Section 13, Township 20
South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo, State
of Colorado, being more particularly described as follows:
Beginning at a point marked by an axle in range box at the East quarter
corner of Section 13; thence N 00 deg. 25 min. 23 sec. W, on the east line
of said Section 13 a distance of 60.01 feet; thence S 88 deg. 34 min. 38
sec. W, parallel to the south line of the NE 1/4 of Section 13, a distance
of 465.35 feet to a point on the easterly right -of -way line of the Denver
and Rio Grande Railroad, said point being a point on curve; thence on the
arc of a curve to the right, whose center bears S 75 deg. 47 min. 26 sec.
E, having a delta of 09 deg. 20 min. 07 sec., a radius of 1806.25 feet, a
distance of 294.30 feet to a point of tangent; thence continuing on said
right -of -way N 23 deg. 32 min. 41 sec. E, a distance of 143.62 feet to a
point on the Southwesterly right -of -way line of Dillon Drive and the
Northwesterly right -of -way line of 40th Street the following eight
courses:
Page 3
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7572292
SCHEDULE A - continued
LEGAL DESCRIPTION
1. S 66 deg. 26 min. 45 sec. E, a distance of 118.16 feet;
2. S 73 deg. 31 min. 50 sec. E, a distance of 210.80 feet;
3. S 65 deg. 51 min. 46 sec. E, a distance of 64.09 feet to a point of
curve;
4. on the arc of a curve to the right, having a delta of 39 deg. 01 min 16
sec., a radius of 426.14 feet, a distance of 290.22 feet;
5. S 26 deg. 24 min. 11 sec. W, a distance of 48.36 feet;
6. S 69 deg. 39 min. 22 sec. W, a distance of 70.19 feet;
7. S 45 deg. 32 min. 06 sec. W, a distance of 50.97 feet;
8. S 79 deg. 39 min. 15 sec. W, a distance of 140.34 feet to the point of
beginning.
Page 4
Y
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B
Policy No.: 7572292
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. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, and any facts which a correct survey and inspection
of the premises would disclose and which are not shown by the
public records.
4. 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.
5. 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 December 12, 2000.
6. Right of Way, whether in fee or easement only, through the E1 /2 of
the NW1 /4 of Section 18 as granted to Denver and New Orleans
Railroad Company in instrument recorded October 5, 1881 in Book 28
at Page 191 in which the specific location of the easement is not
given.
7. Right of way, whether in fee or easement only, for the right and
authority to construct, operate and maintain its line of Telephone
and Telegraph, granted to The Mountain States Telephone and
Telegraph Co. by The Standard Fire Brick Co. by instrument recorded
January 10, 1936 in Book 819 at Page 396 and by the Lincoln Inv.
Co. January 10, 1936 in Book 819 at Page 397 in which the specific
location of the easement is not defined.
8. Easement, whether in fee or easement only, in the North 1/2 of
Section 18, granted to Southern Colorado Power Company in
instrument recorded September 7, 1950 in Book 1133 at Page 322 in
which the specific location of the easement is not given.
Page 5
TRANSNATION TITLE INSURANCE COMPANY
SCHEDULE B - continued Policy No.: 7572292
9. Right of way, whether in fee or easement only, for the right to
construct, maintain, change, renew and operate a subsurface water
main or water mains for the conveyance and carriage of water,
together with the right of ingress to and egress from, as granted
to Board of Water Works of Pueblo, Colorado by Clyde B. Pitcock,
recorded February 13, 1964 in Book 1538 at Page 135,
10. Right of way, whether in fee or easement only, for the right to
construct, repair, replace, operate and maintain its lines for the
transmission of electrical energy, together with the right of
ingress to and egress from, as granted to Western Power & Gas
Company by Clyde B. Pitcock, recorded September 1, 1964 in Book
1552 at Page 679,
11. Perpetual right of access granted to the Pueblo County Highway
Department and other persons or agencies as designated by the
Pueblo County Highway Department by Clyde B. Pitcock for the
purpose of construction, rebuilding and maintenance of Levies along
the Fountain River and the terms, conditions and restrictions
contained therein in document recorded August 9, 1965 in Book 1575
at Page 253.
12. Rights of Way of the following ditches:
Cozzens Ditch and Chilcott Ditch as disclosed in deed recorded July
17, 1995 in Book 2817 at Page 298, Begard Ditch shown on Map filed
April 26, 1902, instrument No. 111974, Waverly Ditch shown on Map
filed February 12, 1900, instrument No. 96659, and Fairview Ditch
shown on Map filed February 21, 1910, instrument No. 171241.
13. Any question, dispute or adverse claims as to any loss or gain of
land as a result of any change in the river bed location by other
than natural causes, or alteration through accretion, reliction,
erosion or avulsion of the center thread, bank, channel or flow of
waters in the Fountain River lying within subject Land; and any
question as to the location of such center thread, bed, bank or
channel as a legal description monument or marker for purposes of
describing or locating subject lands.
NOTE: There are no documents in the land records of the office
of the Clerk and Recorder of Pueblo, accurately locating
past or present location(s) of the center thread, bank,
bed or channel of the above River or indicating any
alterations of the same as from time to time may have
occurred.
Page 6
� s �
TRANSNATION TITLE INSURANCE COMPANY
Policy No.: 7572292
SCHEDULE B - continued
14. Any rights, interest or easements in favor of the riparian owners,
the State of Colorado, the United States of America, or the general
Public, which exist, have existed, or are claimed to exist in and
over the waters and present and past bed and banks of Fountain
River.
15. Terms, agreements, provisions, conditions and obligations as
contained in Agreement for Easement by and between Vincent T. Baker
and Ann Carruth and Portal Drive Associates, L.L.C., a Texas
Limited Liability Company recorded June 21, 1996 in Book 2903 at
Page 584.
16. Terms, agreements, provisions, conditions and obligations as
contained in Declaration of Restrictions recorded October 15, 1997
in Book 3045 at Page 857.
Page 7
- °� s ,i f a'.. _ I IIIIiI IIIII II
III IIIIII IIII IIIIIII IIIII III IIIII IIII Ilil
1361947 12/12/2000 10 :48A WD Chris C. Munoz
1 of 3 R 13.00 D 0.00 Pueblo Cty Clerk & Rae
W A R R A N T Y D E E D
THIS DEED, Made this 5TH day of DECEMBER, 2000 between
DILLON DRIVE ASSOCIATES, L.L.C., a Texas Limited Liability Company
of the County of Pueblo and
State of Colorado, grantor, and
CITY OF 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 suet of ONE HUNDRED
NINETY SIX THOUSAND AND 00 /100, ($196,000.00) 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 Land, Pueblo, Colorado 81001
TOGETHER with all and singular the hereditaments and appurtenances thereto
belonging, or in anywise appertaining and the reversion and reversions, remainder and
n� remainders, rents, issues and profits thereof, and all the estate, right, title,
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
10 urtenances, unto the grantee, his heirs and assigns forever. And the grantor, for
self, his heirs and personal representatives, does covenant, grant, bargain, and
as to and with the grantee, his heirs and assigns, that at the time of the
saling e and delivery of these presents, he is well seized of the premises above
veyed, 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, barVains, 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;
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.
DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited Liability Company
'L y �A�
BY
ROBERT G. MUZYKA, JR., VICE - PRESIDENT
STATE OF TEXAS }
} ss. The foregoing instrument was acknowledged before
County of LUBBOCK } me this 5 _ day of DECEMBER, 2000
by ROBERT G. MUZYKA, JR. as Vice - President of DILLON DRIVE ASSOCIATES, L.L.C., a Texas
Limited Liability Company
PAULA SPERES
$ NOTARY PUBLIIC
, SCB(B of Texas
r, 'w.4Amm. s".yp. 04-20 -2003
Witness my hand and official seal.
My commission expires
NOTAP PUBLIC
No. 932A. Rev. 7 -84
1 111111 IIIII IIIII 111111 11111111111 Iifll III 11111 1111 IN
1361947 12/12/2000 10:48A WD Chris C. Munoz
2 of 3 R 13.00 D 0.00 Pueblo Cty Clerk 8 Ree
"EXHIBIT All
LEGAL DESCRIPTION
That portion of the following described property which lies East of the
Easterly right of way line of the Denver & Rio Grande Railroad:
W1 /2 of the NW1 /4 and the
Township 20 South, Range
State of Colorado
AND
E1/4 of the SE1 /4 of the
65 West of the 6th P.M.,
EXCEPTING from the above
Waverly and S. Hindman by
at Page 588
W1 /4 of the E1 /2 of the NW1 /4 of Section 18,
64 West of the 6th P.M., County of Pueblo,
NE1 /4 of Section 13, Township 20 South, Range
County of Pueblo, State of Colorado
two parcels, a tract of land deeded to E.
a deed recorded December 31, 1888 in Book 62
AND EXCEPTING a parcel deeded to
instrument recorded May 16, 1972
AND EXCEPTING from said Section
for road
AND
Associated Ornithologists, Ltd. by
in Book 1717 at Page 772
13 described above the South 60 feet
A tract of land in the S1 /2SE1 /4NE1 /4 of Section 13, Township 20 South,
Range 65 West of the 6th P.M., County of Pueblo, State of Colorado
described as follows:
COMMENCING at the Southeast corner of the West 3/4 of the said
SE1 /4NE1 /4 Section 13,
running thence West along the South line of the said SE1 /4NE1 /4 Section
13 to the East line of the right of way of the Denver & Santa Fe
Railway,
thence Northeasterly along the said East line of the said right of way
to the North boundary of the S1 /2SE1 /4NE1 /4 Section 13,
thence Easterly along the North line of said West 3/4 of S1 /2SE1 /4NE1 /4
Section 13 to the Northeast corner thereof,
thence South along the Easterly line of said tract to the POINT OF
BEGINNING,
EXCEPTING the South 60 feet for road.
SAVE AND EXCEPT, and the Property shall not include, any portion of the
foregoing tracts lying within the right -of -way of Dillon Drive or
included in Parcel A and Parcel B of this Exhibit, said Parcel A and
Parcel B, respectively, being further described as follows:
Parcel A:
A Parcel of land being a portion of the NE 1/4 of Section 13, Township
20 South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado, being more particularly described as follows:
Commencing at the west quarter corner of Section 18, said point being
an axle in a Range box, thence N 89 deg. 59 min. 26 sec. E on the south
line of said NW 1/4, a distance of 792.32 feet to a point on the
easterly right -of -way line of 40th Street, said point being the point
of beginning;
thence on the easterly and northly right -of -way line of 40th Street and
the northeasterly right -of -way line of Dillon Drive the following nine
courses;
1. N 00 deg. 28 min. 56 sec. E, a distance of 105.25 feet to a point of
curve;
2. on the arc of a curve to the left, having a delta of 109 deg. 34
min. 27 sec., a radius of 96.78 feet, a distance of 185.09 feet to a
point;
1 111111 11111 11111 111111 1111 1111111 11111 111 11111 1111 111
1361947 12/12/2000 10:48A WD Chris C. Munoz
3 of 3 R 15.00 D 0.00 Pueblo C!y Clerk & Ree
3. S 70 deg. 54 min. 35 sec. E a distance of 51.22 feet;
4. S 89 deg. 48 min. 48 sec. W a distance of 147.64 feet;
5. N 26 deg. 25 min. 24 sec. W, a distance of 147.63 feet to a point of
curve;
6. on the arc of a curve to the left, having a delta of 35 deg. 00 min.
00 sec., a radius of 856.30 feet, a distance of 523.08 feet to a point
of tangent;
7. N 61 deg. 26 min. 20 sec. W, a distance of 58.19 feet;
8. N 63 deg. 54 min. 51 sec. W, a distance of 137.90;
9. N 71 deg. 07 min. 25 sec. W, a distance of 43.49 feet to a point on
the easterly right -of -way line of the Denver and Rio Grande Railroad;
thence N 23 deg. 32 min. 41 sec. E, on said easterly line a distance of
468.52 feet; thence S 66 deg. 27 min. 19 sec. E, a distance of 1055.38
feet; thence S 01 deg. 19 min. 05 sec. E, a distance of 794.06 feet to
a point on the south line of said NW 1/4; thence S 89 deg. 59 min. 26
sec. W, a distance of 210.29 feet to the point of beginning.
Parcel B:
A parcel of land being a portion of the NE 1/4 of Section 13, Township
20 South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado, being more particularly described as follows:
Beginning at a point marked by an axle in range box at the East quarter
corner of Section 13; thence N 00 deg. 25 min. 23 sec. W, on the east
line of said Section 13 a distance of 60.01 feet; thence S 88 deg. 34
min. 38 sec. W, parallel to the south line of the NE 1/4 of Section 13,
a distance of 465.35 feet to a point on the easterly right -of -way line
of the Denver and Rio Grande Railroad, said point being a point on
curve; thence on the arc of a curve to the right, whose center bears S
75 deg. 47 min. 26 sec. E, having a delta of 09 deg. 20 min. 07 sec., a
radius of 1806.25 feet, a distance of 294.30 feet to a point of
tangent; thence continuing on said right -of -way N 23 deg. 32 min. 41
sec. E, a distance of 143.62 feet to a point on the Southwesterly
right -of -way line of Dillon Drive and the Northwesterly right -of -way
line of 40th Street the following eight courses:
1. S 66 deg. 26 min. 45 sec. E, a distance of 118.16 feet;
2. S 73 deg. 31 min. 50 sec. E, a distance of 210.80 feet;
3. S 65 deg. 51 min. 46 sec. E, a distance of 64.09 feet to a point of
curve;
4. on the arc of a curve to the right, having a delta of 39 deg. 01 min
16 sec., a radius of 426.14 feet, a distance of 290.22 feet;
5. S 26 deg. 24 min. 11 sec. W, a distance of 48.36 feet;
6. S 69 deg. 39 min. 22 sec. W, a distance of 70.19 feet;
7. S 45 deg. 32 min. 06 sec. W, a distance of 50.97 feet;
8. S 79 deg. 39 min. 15 sec. W, a distance of 140.34 feet to the point
of beginning.
TRANSNATION TITLE INSURANCE COMPANY
627 North Main Street
Pueblo, CO 81003
(719) 543 -0451
Escrow Officer : BONNIE OLIVIERI
SR. ESCROW OFFICER
SELLERtS CLOSING STATEMENT
Sellers) : DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited liability Company
Property: Vacant Land
Pueblo, Colorado 81001
Lengthly see commitment
Title No. : 7572292
Date : December 8, 2000
Buyer(s) : CITY OF PUEBLO, a Municipal Corporation
DEBIT CREDIT
Contract Sales Price ..................................... ...............................
OUTSTANDINGFEES .......................................... ............................... 196,000.00
PAYOFF
PRORATIONS
COUNTY TAXES ($689.75) ................. 01/01/00 to 12/08/00 ..................... 646.28
LENDER CHARGES:
RESERVES
TITLE CHARGES
REAL ESTATE CLOSING FEE ................................... ............................... 62.50
OWNERSTITLE INSURANCE PREMI UM ... ............................... ......................... 360.00
OVERNIGHT COURIER SERVICES ................................ ............................... 10.00
RECORDING FEES, TRANSFER TAXES
RECORDING AFFIDAVIT ....................................... ............................... 5.00
RELEASE WATER ASSESSMENT .................................. ............................... 20.00
ADDITIONAL CHARGES
$196,000.00
* * * ** SUB TOTAL 197,103.78 196,000.00
RECEIPT DUE FROM SELLER 1,103.78
$197,103.78 $197,103.78
The above figures do not include sales or use taxes on personal property.
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited Liability Company
BY 1
ROBERT G. MUZYKA, JR., VICE - PRESIDENT
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. : 7572292
Date : December 8, 2000
BUYER'S CLOSING STATEMENT
Buyer(s): CITY OF PUEBLO, a Municipal Corporation
Seller(s): DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited Liability Company
Property: Vacant Land
Pueblo, Colorado 81001
Lengthly see commitment
DEBIT CREDIT
Contract Sales Price ..................................... ............................... $196,000.00
OUTSTANDINGFEES .......................................... ............................... 196,000.00
PRORATIONS
COUNTY TAXES ($689.75) ................. 01/01/00 to 12/08/00 ..................... 646.28
LENDER CHARGES:
RESERVES
TITLE CHARGES
REALESTATE CLOSING FEE ................................... ............................... 62.50
TAXINFORMATION SERVICES .................................. ............................... 15.00
RECORDING FEES, TRANSFER TAXES
Warranty Deed ............................................ ............................... 15.00
ADDITIONAL CHARGES
* * * ** SUB TOTAL 196,092.50 196,646.28
REFUND DUE BUYER 553.78
$196,646.28 $196,646.28
The above figures do not include sales or use taxes on personal property.
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
CITY OF PUEBLO, a Municipal Corporation
BY
THOMAS E. JAG&JLdTY ATTORNEY
Broker
By:
Transnation Title Insurance Company
By: BONNIE OLIViERI
,c - a
Commitment No. 7572292 C -2
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. 7572292
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.
,G
t
Commitment No.: 7572292
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 lienej 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 APPLv ONLY TO EACH
OF THE UNDERSIGNED AS IT RELATES TO WHICHEVER OF THE CONTRACTORS, OWNERS OR PURCHASERS
STATEMENT(S) AS IS APPROPRIATE.
Seller(s)
DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited Liability Company
BY
ROBERT G. MUZYKA, JR., VICE - PRESIDENT
STATE OF Texas )
COUNTY OF Lubbock
The foregoing instrument was acknowledged, subscribed and sworn to before me this
/a *_A day 69 December, 2000 by Robert G. Muzyka, Jr. Vice - President of Dillon Drive
Associates, L.L.C., a Texas Limited Liability Company
WITNESS MY HAND AND OFFICIAL SEAL.
G t cc.L
COMMISSION EXPIRES Notar Public
PAULA SFERES
NOTARY PUBLIC
mate of Texas
•,,,;.,. Exp. 04-20-2003
REAL ESTATE TAX AGREEMENT
Escrow No.: 7572292
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: Vacant Land
Pueblo, Colorado 81001
that taxes for the current year have been adjusted as of this date as follows:
BASIS FOR PRORATION
Taxes have been prorated on an estimate of $689.75 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)
CITY OF PUEBLO, a Municipal Corporation
BY �-
THOMAS E. G , CITY ATTORNEY
Seller(s)
DILLON DRIVE ASSOCIATES, L.L.C., a
Texas Limited Liability Company
BY
ROBERT G. MUZYKA, JR., VICE - PRESIDENT
This agreement executed this 8TH day of DECEMBER, 2000.
ESCROW NO.: 7572292
REAL PROPERTY TRANSFER DECLARATION
(TD -1000)
GENERAL INFORMATION
Purposet
The Real Property Transfer Declaration provides essential information to the county
assessor to help ensure fair and uniform assessments for all property for property tax
purposes. Refer to 39 -14- 102(4), Colorado Revised Statutes (C.R.S.).
Requirementss
All conveyance documents (deeds) subject to the documentary fee submitted to the
county clerk and recorder for recordation must be accompanied by a Real Property
Transfer Declaration. This declaration must be completed and signed by the grantor
(seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S.
Penalty for Noncompliance:
Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk
and recorder notifies the county assessor who will send a notice to the buyer
requesting that the declaration be returned within thirty days after the notice is
mailed.
If the Real Property Transfer Declaration is not returned to the county assessor
within the thirty days of notice, the assessor may impose a penalty of $25.00 or .025%
(.00025) of the sale price, whichever is greater. This penalty may be imposed for any
subsequent year that the buyer fails to submit the declaration until the property is
sold. Refer to 39- 14- 102(1)(b), C.R.S.
Confidentiality:
The assessor is required to make the Real Property Transfer Declaration available for
inspection to the buyer. However, it is only available to the seller if the seller
filed the declaration. Information derived from the Real Property Transfer
Declaration is available to any taxpayer or any agent of such taxpayer subject to
confidentiality requirements as provided by law. Refer to 39 -5- 121.5, C.R.S. and
39- 13- 102(5)(c), C.R.S.
------------------------------------------------------------------------------ - - - - --
1. Address and /or legal description of the real property sold:
Please do not use P.O. box numbers.
Vacant Land, Pueblo, Colorado 81001
SEE ATTACHED LEGAL
2 .
Type of property purchased:
Single Family Residential
_Commercial _Industrial
Other
3. Date of Closing: December 8, 2000
4. Total sale price:
Including all real and personal property. $ 196,000.00
5. Was any personal property included in the transaction?
Personal property would include, but is not limited to, carpeting, drapes, free
standing appliances, equipment, inventory, furniture. If the personal property
is not listed, the entire purchase price will be assumed to be for the real
property as per 39 -13 -102, C.R.S.
_Yes . 1LNo If yes, approximate value $
Describe
6. Did the total sale price include a trade or exchange of additional real or
personal property? If yes, give the approximate value of the goods or services
as of the date of closing.
_Yes_ _XNo If yes, value $
If yes, does this transaction involve a
— Yes — No
trade under IRS Code Section 1031?
7. Was 100% interest in the real property purchased?
Mark "no" if only a partial interest is being purchased.
_Yes __&No If no, interest purchased %.
Townhome _Condominium Multi -Unit Res
Agricultural Mixed Use XX Vacant Land
8. Is this a transaction among related parties? Indicate whether the buyer or
seller are related. Related parties include persons within the same family,
business affiliates, or affiliated corporations. — Yes X No
9. Check any of the following that apply to the condition of the improvements
time of purchase. /
— New _Excellent _Good Average Fair Poor Salvage.
the property is financed, please complete the following.
10. dotal amount financed. $
per
Typle financing: (Check all that apply)
_New Assumed _Seller _Third Party
_Comb in ion; Explain
12. Terms:
— Variable; Star
_Fixed; Interest
Length of time
Balloon payment
If yes, amount
interest rate
the
— Yes
13. Please explain any special terms
information that would help thji/
ller concessions, or financing and any other
asor understand the terms of sale.
For properties other tha residential (Residential defined as: single family
detached, townhomes, a rtments and condominiums) plea complete questions 14 -16 if
applicable. Otherwip6 skip to 117 to complete.
14. Did the pur
If yes, f"
se price include a franchise or license fee
Yes No
ise or license fee value $
15. Did the purchase price involve an installment land contract? _Ye4
If yes, date of contract
16. If this was a vacant land sale, was an on -site inspection of the property
conducted by the buyer prior to the closing? XX Yes _No
Remarks: Please include any additional information concerning the sale you may feel is
important.
17. Signed this 8th day of December , 20 00
Enter the day, month and year, have at least one of the parties to the transaction
sign the document, and include an address and a daytime phone number. Please
designate buyer or seller.
/G em h 6 6 / el,.n
Signature of Grantee (Buyer) X Lot Graneor (S ller)_
_127 Thatcher Building ( 719 545 -4412
Address (mailing) Daytime Phone
_Pueblo, CO 81003
City, State and Zip Code
• ATTACHMENT TO REAL PROPERTY TRANSFER DECLARATION
Legal Description:
That portion of the following described property which lies East of the
Easterly right of way line of the Denver & Rio Grande Railroad:
W1/2 of the NW1 /4 and the W1 /4 of the E1 /2 of the NW1 /4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado
AND
E1 /4 of the SE1 /4 of the NE1 /4 of Section 13, Township 20 South, Range
65 West of the 6th P.M., County of Pueblo, State of Colorado
EXCEPTING from the above two parcels, a tract of land deeded to E.
Waverly and S. Hindman by a deed recorded December 31, 1888 in Book 62
at Page 588
AND EXCEPTING a parcel deeded to Associated Ornithologists, Ltd. by
instrument recorded May 16, 1972 in Book 1717 at Page 772
AND EXCEPTING from said Section 13 described above the South 60 feet for
road
AND
A tract of land in the S1 /2SE1 /4NE1 /4 of Section 13, Township 20 South,
Range 65 West of the 6th P.M., County of Pueblo, State of Colorado
described as follows:
COMMENCING at the Southeast corner of the West 3/4 of the said
SE1 /4NE1 /4 Section 13,
running thence West along the South line of the said SE1 /4NE1 /4 Section
13 to the East line of the right of way of the Denver & Santa Fe
Railway,
thence Northeasterly along the said East line of the said right of way
to the North boundary of the S1 /2SE1 /4NE1 /4 Section 13,
thence Easterly along the North line of said West 3/4 of S1 /2SE1 /4NE1 /4
Section 13 to the Northeast corner thereof,
thence South along the Easterly line of said tract to the POINT OF
BEGINNING,
EXCEPTING the South 60 feet for road.
SAVE AND EXCEPT, and the Property shall not include, any portion of the
foregoing tracts lying within the right -of -way of Dillon Drive or
included in Parcel A and Parcel B of this Exhibit, said Parcel A and
Parcel B, respectively, being further described as follows:
Parcel A:
A Parcel of land being a portion of the NE 1/4 of Section 13, Township
20 South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado, being more particularly described as follows:
Commencing at the west quarter corner of Section 18, said point being an
axle in a Range box, thence N 89 deg. 59 min. 26 sec. E on the south
line of said NW 1/4, a distance of 792.32 feet to a point on the
easterly right -of -way line of 40th Street, said point being the point of
beginning;
thence on the easterly and northly right -of -way line of 40th Street and
the northeasterly right -of -way line of Dillon Drive the following nine
courses;
1. N 00 deg. 28 min. 56 sec. E, a distance of 105.25 feet to a point of
curve;
2. on the arc of a curve to the left, having a delta of 109 deg. 34 min.
27 sec., a radius of 96.78 feet, a distance of 185.09 feet to a point;
3. S 70 deg. 54 min. 35 sec. E a distance of 51.22 feet;
4. S 89 deg. 48 min. 48 sec. W a distance of 147.64 feet;
5. N 26 deg. 25 min. 24 sec. W, a distance of 147.63 feet to a point of
curve;
6. on the arc of a curve to the left, having a delta of 35 deg. 00 mina
00 sec., a radius of 856.30 feet, a distance of 523.08 feet to a point
of tangent;
7. N 61 deg. 26 min. 20 sec. W, a distance of 58.19 feet;
8. N 63 deg. 54 min. 51 sec. W, a distance of 137.90;
9. N 71 deg. 07 min. 25 sec. W, a distance of 43.49 feet to a point on
the easterly right -of -way line of the Denver and Rio Grande Railroad;
thence N 23 deg. 32 min. 41 sec. E, on said easterly line a distance of
468.52 feet; thence S 66 deg. 27 min. 19 sec. E, a distance of 1055.38
feet; thence S 01 deg. 19 min. 05 sec. E, a distance of 794.06 feet to a
point on the south line of said NW 1/4; thence S 89 deg. 59 min. 26 sec.
W, a distance of 210.29 feet to the point of beginning.
Parcel B:
A parcel of land being a portion of the NE 1/4 of Section 13, Township
20 South, Range 65 West of the 6th P.M. and the NW 1/4 of Section 18,
Township 20 South, Range 64 West of the 6th P.M., County of Pueblo,
State of Colorado, being more particularly described as follows:
Beginning at a point marked by an axle in range box at the East quarter
corner of Section 13; thence N 00 deg. 25 min. 23 sec. W, on the east
line of said Section 13 a distance of 60.01 feet; thence S 88 deg. 34
min. 38 sec. W, parallel to the south line of the NE 1/4 of Section 13,
a distance of 465.35 feet to a point on the easterly right -of -way line
of the Denver and Rio Grande Railroad, said point being a point on
curve; thence on the arc of a curve to the right, whose center bears S
75 deg. 47 min. 26 sec. E, having a delta of 09 deg. 20 min. 07 sec., a
radius of 1806.25 feet, a distance of 294.30 feet to a point of tangent;
thence continuing on said right -of -way N 23 deg. 32 min. 41 sec. E, a
distance of 143.62 feet to a point on the Southwesterly right -of -way
line of Dillon Drive and the Northwesterly right -of -way line of 40th
Street the following eight courses:
1. S 66 deg. 26 min. 45 sec. E, a distance of 118.16 feet;
2. S 73 deg. 31 min. 50 sec. E, a distance of 210.80 feet;
3. S 65 deg. 51 min. 46 sec. E, a distance of 64.09 feet to a point of
curve;
4. on the arc of a curve to the right, having a delta of 39 deg. 01 min
16 sec., a radius of 426.14 feet, a distance of 290.22 feet;
5. S 26 deg. 24 min. 11 sec. W, a distance of 48.36 feet;
6. S 69 deg. 39 min. 22 sec. W, a distance of 70.19 feet;
7. S 45 deg. 32 min. 06 sec. W, a distance of 50.97 feet;
8. S 79 deg. 39 min. 15 sec. W, a distance of 140.34 feet to the point
of beginning.