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HomeMy WebLinkAbout10070RESOLUTION NO. 10070 A RESOLUTION APPROVING THE AGREEMENT FOR THE SALE AND PURCHASE OF PROPERTY FROM RICHARD L. DIVELBISS, MILDRED DIVELBISS, MARGARET DIVELBISS, RICHARD D. DIVELBISS, ROBERT DIVELBISS, MICHAEL DIVELBISS, CINDY ULDRICH, MARK DIVELBISS FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A QUIT CLAIM DEED FOR THE PROPERTY BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement For Sale and Purchase of Property dated February 23, 2004, between the City and the Divelbiss family relating to the Arkansas River Legacy Project and Quit Claim Deed, copies of which are attached hereto, having been approved as to form by the City Attorney, are hereby approved. SECTION 2. The President of the City Council is hereby authorized to execute and deliver the Agreement For Sale and Purchase of Property together with all other documents associated therewith in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds in the amount of $75,000.00 for the purchase of the property are available and will be transferred from Account No. 453 - 9510 - 600.30- 01 /AL0201. INTRODUCED February 23, 2004 BY Michael Occhiato /� Councilperson APPROVED: Y�f , PRESI ENT OF CITY COUNCIL ATTESTED BY: CITY CLERK 1 71 ''� Background Paper for Proposed RESOLUTION AGENDA ITEM # I 1 DATE: FEBRUARY 23, 2004 DEPARTMENT: COMMUNITY DEVELOPMENT /JIM MUNCH PLANNING DEPARTMENT /CATHY GREEN TITLE A RESOLUTION APPROVING THE AGREEMENT FOR THE SALE AND PURCHASE OF PROPERTY FROM RICHARD L. DIVELBISS, MILDRED DIVELBISS, MARGARET DIVELBISS, RICHARD D. DIVELBISS, ROBERT DIVELBISS, MICHAEL DIVELBISS, CINDY ULDRICH, MARK DIVELBISS FOR THE ARKANSAS RIVER CORRIDOR LEGACY PROJECT, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH, AND ACCEPTING A QUIT CLAIM DEED FOR THE PROPERTY Show City Council approve the purchase of a property from Richard L. Divelbiss and other family members who have an interest in the property relating to the Arkansas River Corridor Legacy Project? RECOMMENDATION Approval of the Resolution. BACKGROUND The City is required to acquire property in order to construct, operate and maintain the improvements that are part of the Army Corps of Engineers Arkansas River Habitat Restoration Project. The purchase of the property from Richard Divelbiss is a key part of a three-way transaction that will allow the City of Pueblo to acquire a 3G -acre Easement and Right of Way along a 2.2 -mile section of the Arkansas River within the Arkansas River Habitat Restoration Project Area. The second part of the transaction is the purchase of 225 acres of property by Colorado State Parks from Valco, Inc. (Chain -of- Lakes) that will be utilized for the future expansion of Lake Pueblo State Park. The thins part of the transaction is the conveyance of the Quit Claim Deed of the Divelbiss property from the City of Pueblo to Colorado State Parks. FINANCIAL IMPACT The cost of $75,000.00 for the Divelbiss easement would be paid from account 453 -9510- 600.30-01 in the Arkansas River Legacy Capital Project Account number AL0201. The donation of the Easement and Right- of-Way from Colorado State Parks has a $160,666 appraised value. The difference between purchase of the Divelbiss property and the value of the donation ($85,666) of the Easement and Right- of-Way from Colorado State Parks will be used as part of the City of Pueblo's local project sponsor contribution to the Army Corps of Engineers Habitat Restoration Project. The following breakdown shows the funds that have been reimbursed by project partners through December 31, 2003: LEGACY PROJECT RECAP Project Sources of Funds Project Reimbursement Arkansas River Habitat Improvements Greenway & Nature Center Environmental Ed. Area River Trail Replacement Pueblo Zoo — River Otter Sub -total Reimbursements Trout Unlimited $ 10,000 Pueblo County $ 15,000 Board of Water Works $132,000 Packard Foundation $ 50 Board of Water Works $ 93,000 CDBG Funds $ 53 Pueblo County $ 10,000 Pueblo Zoological Society $100,000 $463,566 Project Reimbursements Billed in 2003 River Habitat Restoration Pueblo County $100,000 River Trail Replacement Pueblo Zoo — Otter Exhibit CDOT Enhancement Funds Pueblo County Pueblo County $131,250 $ 70,000 $ 30,000 Total Including Project Reimbursements Billed in 2003 $794,816 +719 - 473 -2554 SINTON DAIRY 186 P02/06 FEB 13 '04 13:50 a� Drv HLBISS & BONni t„ LLP The Rotunda Building 3W frank H, t)gawa P(a.9a, Suite 370 Oakland, California 94612 540 Pacific Avenue Telephone (510) 625 -7700 San Francisco. California 94133 Facsimile (510) 625 -7709 Telephone (415) 905 -Id(X) February 13, 2004 Scott Hobson - Senior Planner City of Pueblo 211 East "D" Street Pueblo, Colorado 81003 Dear Mr, Hobson: Re: Divelbiss Esisement/Proflf Enclosed please find the signature pages for the Agreement for Sale and Purchase of Property (Legacy Project) (the "Agreement'). This letter is to be considered part of and a clarification of the Agreement. With respect to the Seller's Representations ( of the Agreement) we are conveying our interest free and clear of all liens, charges and encumbrances. As you know, we do not hold title in fee and can only warrant that the interest(s) we are ccmveytitg are free of encumbrances. Similarly, ¶ 8(j) states that we represent that our rights to the Property are not restricted by other parties. Again, the tact that we do not hold the fee interest does, in and of itself, present the possibility that our interests are restricted. Similarly. we will cannot warrant that there are no liens for services (y 86)(iv) or taxes due 8(j)(v) on the underlying fee interest as we have no control over those potential charges. We can, however, warrant that we are unaware of any such and also warrant that we have not caused any liens or taxes to be imposed against the "Property." Similarly, we cannot warrant that possession will be delivered (113), only that we will transfer our interest. We do not want to be liable for the failure to deliver possession if, for some reason, Valco fails to deliver pussession. With the above clarifications, we submit our signatures. Please call me if you have any questions. Very truly yours, lltz l� Rod Divelhiss Enclosure G:\WPDOCS \ROD \Valco\HoWan.elwification Icrteawpd 2.01 SOLLSESOTS T13ZWOa 9 SsIa - 13AIa VLO:11 i10 el gad Ver. 10/1/03 SPECIAL AOREEMEW FOR SALE AND PURCHASE OF PROPERTY (Legacy Project) THIS AGREEMENT is made and entered February 23, 2004 by and between Richard L. Divelbiss, Mildred Divelbiss, Margaret Divelbiss, Richard D. DivelbM Robert Divalbms, Michael Dive%i Cindy Uldrich, Mark Divelbiss (herein collectively refcned to as "Seller") and the City of Pueblo, a municipal corporation (herein referred to as "Purchaser•'). 1. Sale and Purchase Seller shall sell and convey, and Purchaser shall purchase, the real estate interests indicated in section 2 of this Agreement and described more fully in Exhibit "A" attached hereto, and incorporated herein by reference, located in Pueblo County, Colorado, hereinafter collectively refired to as the -property.- If the Property includes land acquired in fee simple, the Property then also includes all buildings, fixtures and improvements thereon. 2. Red Estate interests and Purchase Price The total purchase price tobe paid by Purchaser for the Property is allocated as follows: Real Estate Interest P rice (a) Land acquired in fee simple described in Exhibit "A" S 75.000.00 (b) Permanent Easements described in Exhibit "C ", if any $ N/A (c) Temporary Easements described in Exhibit "C", if any $ ure TOTAL PURCHASE PRICE y 75 000-00 3. aP anent Payment of the entire purchase price shall be paid at the time of closing, subject to compliance by Sella with Seller's warranties and representations contained herein. If any component of the porch= price is for land acquired i fee simple under section 2(a) of " ,Agreement, such component of the purchase price may be allocated to land, building and fixtures as Sella shall determine at time of closing; provided, however, that such allocation must be approvedby Purchaser, which approval will notbermeasonably withheld. 4. Liens and Encumbrances The Property is sold and will be conveyed free of all liens, charges, encumbrances, equities of any nature, rights of parties to or in possession, taxes and assessments, except current year taxes and NO OT EXCEpTIONs 6. Anoortionments With respect to acquisition of land in fee simple, the ad valorem taxes for the year of We for both real and personal property, water and sewer charges, and other utilities will be apportioned as of the data of closing, and all special assessments, if any, shall be paid in full by Sella. If the closing shall occur before currant year taxes are feed, th apportionment of taxes shall be based upon the prior year mill levy applied to the latest assessed valuation. No apportionment shall occur where the Property consists only of easements. 7. 1C Dame The date of closing shall be as determined by mutual agreement of Seller and purchaser and shall coincide with the State of Colorado's purchase of the remaining property interests, held by Valco, Inc. in some or all of the Property, but in any event shall be no late than March 26, 2004. The time and place of closing shall be designated by Purchaser. 8. Seller's Rrmesentations Seller represents and warrants: (a) Sella has full power and authority to execute, deliver and perfrnm this Agreement and at closing a ll acts of Seller necessary and required for such execution, delivery and performance of this Agreement will have been taken (b) There is not pending or, to the knowledge of Seller, threatened any snit, action or proceedings against or affecting the Seller or the property before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, of any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. (c) Seller owns and at closing will convey to Purchaser title to the Property free of all Hems, charges, encumbrances, equities of any nature, rights of parties in possession, taxes and assessments, except current year taxes and those matters otherwise specifically excepted in paragraph 4 hereof. (d) No notice or requests have been received by the Seller from any insurance company issuing any policy of ;nsurazice covering the Property requesting the performance of any wort with respect to the Property which has not been fully complied with. Any such notices or requests received prior to closing shall be fully complied with by the Seller at its expense prior to closing. (e) To the knowledge of Seller, the Property and its prevent use do not violate any provision of say applicable building or fire code, federal or state environment or pollution control law, or any other governmental statutes, rules, ordinances, orders, or regulations. Sella does not warrant that, were the improvements to be constructed or reconstructed at the present time, they would comply with current codes and regulations. (f) The buildings and other structures upon the Property, if any, are entirely within the boundary lines of the Property, and there are no encroachments thereon. (g) purchaser shall not become liable for or obligated to pay any brokcees, finder's, consultant's fees or similar fees in connection with the negotiation, execution or consummation of this Agreement All such fees, if any, shall be paid by Seller. (h) At the time of closing, the Property shall not have been materially or adversely affected in nay way as a result of fire, explosion, earthquake, accident, casualty, requisition or other taking of property by governmental au th or it y wmda mr, rots or acts of God or the public enemy. (i) Except as otherwise provided herem, if the Property includes land in fee simple, the Property, buildings, futures, equipment and improvements will be conveyed at closing in their condition and state of repair as of the date of this Agreement 0) Except as otherwise provided herein, neither the Property or the interests of Seller therein is limited or restricted by, or subject to, any of the following: (i) Rights or claims of parties in possession whether or not shown by the public (ii) Fmcments, or claims of easements, whether or not shown by the public records. ( iii) Discrepancies, conflicts in boundary Penes, shortage in area, encroachments, and any facts which a correct survey and ioapection of the premises would disclose whether or not shown by the public records. (iv) Any lien, or right to alien, for services, labor, or material heetofine or hereafter firmished, imposed by law whether or not shown by the public records (v) Taxes due and payable, any tax, special assessments, charge or lien imposed for water or sewer service, except current year general ad valorem taxes. 9. Purabasees Rieuresontagm purchaser represents and warrants: (a) The Purchaser is a municipal corporation duly organized, existing and in good standing under the laws of the State of Colorado. (b) Subject to the conditions set forth herein, and specifically including the condition act forth in section 27(a) of this Agreement, the Purchaser has full power and authority to execute, deliver and perform this Agreement and at the time of closing all acts of the Purchaser necessary for such execution, delivery and performance of this Agreement will have been taken 10. Seller's Duty to Perfoffi Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale, transfer and conveyance provided herein to be made by Seller, or otherwise to effectuate Seller's part of the purchase and sale herein provided: (a) The representations and warranties set forth in paragraph 9 herein are, on the date hereof and as of the time of closing, correct, subject to any change permitted herein or any action approved by the Purchaser. (b) The Purchaser has complied with its agreements to be performed herein by it prior to the time of closing. 11. Purchaser's Duty to Perform. Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Purchaser shall not be obligated to pay the consideration as provided for herein or otherwise to effectuate its part of the purchase and sale herein provided: (a) The representations and warranties of the Seller contained herein shall be true in all respects as of the time of closing as though such representations and warranties were then made in exactly the same language and the Seller shall have performed all obligations and complied with all covenants required by this Agreement to be performed or complied with by Seller prior to the closing date. (b) The Seller has complied with its agreements herein to be performed by Seller prior to the time of closing. (c) The Purchaser shall have received from the Seller (i) Quit claim deeds which remise, release, sell, convey and quit claim to the Purchaser, its successors and assigns, forever, all the right, title, interest, claim, and demand which the Seller has in and to the Property, together with improvements, if any, and all other right, title and interest, including any reserved rights of pasturage and recreational rights, and including any access rights, situated, lying, and being in the County of Pueblo and State of Colorado, in form attached hereto as Exhibit "B ^; and (iii) Pueblo County Treasure's certificate of personal and real estate taxes and special assessments on the Property. (d) The results of any environmental inspection performed by Purchaser, or any other person, do not indicate a level of contamination of the Property which is deemed unacceptable to Purchaser. 12. Termination This Agreement may be terminated upon written notice at any time prior to closing by Purchaser or the Seller if there has been a material misrepresentation or breach of warranty on the part of the other party in representations and warranties ad forth in this Agreement. 13. Possession, U aidated Damages Possession of the Property shall be delivered by Seller on or before closing. The parties acJmowledge that if Purchaser does not obtain possession by this date and time, Purchaser may incur a substantial loss. Consequently, if Seller shall fail or refuse to deliver possession of the Property to Purchaser on or before said date and time, Seller shall be subject to eviction and shall be liable for liquidated damages in the amount of S VIA per day for each and every calendar day until possession is delivered or obtained. 14. Tatter Insurance Commitment when the Property includes land in fee simple, prior to closing, purchaser may obtain a commitment for a policy of title insurance ( "Comtaitment "), agreeing to -- - issue to Purrh"aff upon the recording of the warranty deed to Purchaser covering the Property, an ALTA owne?s policy of title insuran for the Property in the amount of the purchase prig, in form and content acceptable to counsel for the Purchaser, insuring marketable title to the Property in Purchaser, without exceptions or exclusions, five and clear of all liens, charges, encumbrances, equities of any nature, rights of parties in possession, assessments and taxes, except current year and those matters otherwise specifically provided in paragraph 4 hereof ("Title Policy"). (a) During the period between the effective date of this Agreement and Purchaser obtaining possession, Seller grants to Purchaser, and to Purchaser's employees, agents, contractors and consultants, the right to enter upon and inspect the Property for the purpose of evaluating and inspecting the Property to determine the existence, presence, and extent of any underground storage tanks, Petroleum products, volatile organic compounds, lead, lead based paint, asbestos, and of hazardous substances in, on, or upon the Property, whether located above or below the ground surface or in or upon any building or structure located thereon, in connection with Purchaser's intended acquisition of the Property. In performing its evaluation and inspection of the Property, Purchaser shall have the right, at Purchaser's sole cost and expense, to conduct such studies, mspections, evaluations, audits, environmental assessments, and surveys (hereinafter collectively referred to as "environmental assessments" as Purchaser may deem appropriate. As part of such environmental assessments, Purchaser is authorized to perform or conduct any soil, groundwater, lead or asbestos tests it deems necessary, and to take samples of soil, gramdwatm, paint and other materials located in or upon the Property. Purchaser is authorized to perform subsurface excavation, bore testing, and drilling upon the Property and to establish one or more groundwater monitoring wells. This right to inspect is not intended, nor should it be construed, to impose upon Purchaser any liability or responsibility whatsoever for any containment, mitigation, remediation, removal, or cleanup with respect to any preexisting condition discovered or revealed by Purchaser's activities pursuant to this instrument; provided, however, that Purchaser shall at its own expense properly dispose of samples of soil, water or other materials removed by Purchaser from the Property, and, in the event Purchaser does not purchase the Property, Purchaser shall reasonably correct or repair any physical damage to the Property directly caused by its activities, including the plugging of bore holes and closure of monitoring wells, if any. (b) Based upon the foregoing inspection, Purchaser may, with the aid of its employees, agents and consultants, prepare an estimate of the reasonable costs of remediating the presence upon the property of any underground storage tanks, petroleum products, volatile organic compounds, lead or other hazardous substances, if any. 16. SblzW r Includes Plural If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read " Sellers" whenever the sense of the Agreement so requires. 17. Risk of Loss The risk of loss or damage to the Property or to tenants or occupants thereof or their property by fire or other casualty is assumed by the Seller until the delivery of possession of the Property to Purchaser. 18. Enforcement Time is of the essence hereof and this Agreement may be specifically enforced. In the event of any litigation arising out of this Agreement, the Court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. 19. Survival of Representations The respective representations, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the time of closing. 20. Notice . Any notice, request, instruction or other document to be given hereunder by any party hereto to the other shall be err writing and shall be delivered personally or sent by certified mail, postage prepaid, if to purchaser, addressed to it at 1 City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager, and if to Seller, at Richard L. Divelbiss, P.O. Box 578, Colorado Springs, CO 80901. 21. Ex penses Each party hereto shall separately bear its expenses incurred in connection with this Agreement and in connection with all things required to be done by each hereunder, except that costs of recording documents, obtaining title insurance, and other incidental costs associated with the purchase of the property shall be paid by Purchaser. 22. Entire Understand n This Agreement is entered into after full investigation, neither party relying upon any statement or representation of the other not contained herein. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained and this Agreement cannot be changed or temrinated orally. 23. Governing Laws This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. Countervarts For the convenience of the parties hereto and to facilitate the filing and recording of this Agreement, it may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement 25. No Benefit to Third Parties Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, form or corporation, other than the parties hereto, any rights or remedies under or by reason hereof 26. Authority of Undersiened The persons signing this Agreement on behalf of Seller represent and warrant that they have the requisite power and authority to enter into, execute and deliver this Agreement +719- 473 -2554 SINTON DAIRY 1B6 P03/06 FEB 13 '04 13:50 ull UC11dlf Jf ttwir 1'tay,x:livc p:"ly and that thc,ceRor neon Im.aly a:cocorinn by Ih,! Irnmhx�ar, tt11S Attteenrw[ Wall boa valid and legally en£orcmble agteemeot m accordance with its tomes. (a) This Agreement, though signedby the Right Of WOyAgsot for Purchaser, iv Of= effect until and unless approved byte Ciry Council of Pueblo, a Mush pal Corporation. By his signature below, the Right of way Agent ages and rcpsesmu that be will reeommaod approval of this Agreemast to the City Conned. (b) This Agreement is expressly Contingent upon conveyance of Valco, lnc's intermts in the Property to the State of Colondo on or below February 27, 2004 and thepattlea sgrac that, eves if this Agmcmeat is spproved by ft City Cm" ofPueblo, a Municipal Corporation, it may be teaamatcd, without penalty, by rite Fmohases if the balance of ft property rights owned by Val o, lac. and Asati$ed is Exhibit "A" are not conveyed to the We of Colorado on or before February 27, 2004. (c) A hood. Signature upon Say CMIU Part of tide Agreement 111011 be aaf niant 20 bind the patty for whom made. Upon eetecubmhereofby Sellar on or beforeNlovember 14, 2003, and by the President of City Cotmcil on behalf of Ptuehasesr on or before Dora tuber 12, 2003, this Agmment shell become a conttaot binding upon sod murbig to the bare& of Seller sad Purchaser, their hairs, petaoaal representatives, successors and assign& W11NMS THE MM E2MCOTIONHERBOF, as ofthe day and year first above written APPROVED BY: Right of WayAgeat for City of Pueblo, A Municipal CCaporshoa S MLML RICHARD L. DIVELBISS (Sigaetore) BY (Sigsehne) Data MAROARE MELEMS I� By `ly.Gt (3' Data 9 , +719- 473 -2554 SINTON DAIRY 186 PO4/06 FEB 13 '04 13:51 +719- 473 -255d S1NTON DAIRY 176 P02 FEB 13 '04 11:14 �f Is5 Y. 2X)MTA>IVle:[.am3 lsfrnrn�i r csio.m.) C2W TAARICR By O Dm: bLoxD7V8T s8 my DM PURCAASSIL C3TYoypuxm O, AMRiMPALCOM ATWN ATMP ray Cby cua Ptudmd otdwC4y Cmwa APPlOVBOASToPow- DW CIV ANOMY 0 I u E'd SOLL92BOTS 1132NO9 1 SSIS'13AI0 eLO =TI i0 21 qaA +719- 473 -2554 SINTON DRIRY 1B6 P05/06 FEB 13 '04 13:51 J U4 U7 �iPm r ow MAWAOT DIV" ss sy (4wxmne) RAMAWA DfvbT. 03 ($) Dolt =SmrxxvgLw Ry (R) 0 IACFIM rnVOISMS ar -- - (S%Wk Dm By Cm;14 (55R WN)C Due: � a /10 D 3 1�IM(CD1VJ:(�(Ss (S5®wauel «- a A '(` sm Mr c tb Ciak P+aridoia Crepe Cdy Cwwa Ak Ate: +719- 473 -2554 SINTON DAIRY 186 P06/06 FEB 13 '04 13:52 1 �': 1 •ifJ � lU 1� ' 1S :•i JIAwAm nimi m Daw w4.wan a tavlLLSRs DM ■uartc utvr�►Ss by ,ax�rAtiY. usv�unrss BY _ G'MY U/ nxr.H of _ _ - t��A� draft MARK I�M�Y9L4$ m, pti"ASIM c nYOTmruW-4 , A IAI►►IR.'OAI. CA9FOUTRIN w1Y1ed7:,, b . CgClet — l....a.�efdocta�,c Apmvvl-) A's TO WMm By (Signature) Date: ROBERT DIVELBISS B (Signature) Date: MICHAEL DIVELBISS By (signature) Date: CINDY ULDRICH By (Signatum) Date: By (Signature) 917m PURCHASER CITY OF PUEBLO, A MUNICIPAL CORPORATION AIT: y Ci lark President of e City Council APPROVED AS TO FORM: Date: 02 2 4// / City Attorney Reso. #10070 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 6568 6 (o ChrisC.Munoz Pueb1oCtYC1k &Rec QUIT R 31.00 D 0.00 QUIT CLAIM DEED THIS DEED, made this 4Fa day of 200 `, between Richard L. Divelbiss, Mildred Divelbiss, Margaret Divelbiss, Richard D. Divelbiss, Robert Divelbiss, Michael Divelbiss, Cindy Uldrich, Mark Divelbiss (herein collectively referred to as "Grantor ") and the City of Pueblo, a municipal corporation (herein referred to as "Grantee "). WITNESSETH, that the Grantor, for and in consideration of Ten Dollars ($10.00) in hand paid by the Grantee, and for other good and valuable consideration, the receipt whereof is hereby acknowledged, has remised, released, sold, conveyed, and quit claimed and by these presents does remise, release, sell, convey and quit claim unto Grantee, and its heirs and assigns, forever, all the right, title, interest, claim, demand and all other right, title and interest, including any rights of pasturage and recreational rights which the Grantor has in and to the following property being in the County of Pueblo and State of Colorado, described as follows: Parcel #1 68.9 acres of land in Sections 32 and 33, Township 20 South, Range 65 West of the 6 th P.M., located North of the Denver & Rio Grande Railroad right -of -way, all in Pueblo County, as shown on that certain survey made by Simon F. Elliott, dated April 15, 1965, and made a part hereof by reference. And also described as: A certain parcel of land, as described in the recorded in Book 1673 at Page 838 of the records of Pueblo County, being all of lots 1 to 6, both inclusive, and part of lots 7, 8 and 16; all of lots 17 to 37; both inclusive; all of Fillmore Avenue, and part of Fitch Avenue and Garden Avenue, all of the aforementioned being in Pueblo Gardens, according to the recorded plat thereof, filed for record May 15, 1882; part of the SW' /4 of the NE' /4, parts of lots 3 and 4; part of the SW' /4 of the NW' /4 (lot 5) and part of the NW' /4 of the SW' /4, all the aforementioned being in Section 33; part of lot 1, of Section 32; all of the aforementioned being in Township 20 South, Range 65 West of the 6 th Principal Meridian, more particularly described as follows: Beginning at a point on the Section line common to said Sections 32 and 33, 90.00 feet north of the one - quarter corner common to said Sections 32 and 33; thence South 55 °53' West a distance of 96.00 feet; South 24 0 27' West a distance of 268 feet; South 29 °17' West a distance of 190 feet; South 39 °03' West a distance of 431 feet; South 30 °23' West a distance of 217 feet; South 24 °23' West a distance of 120 feet; South 28 °37' East a distance of 104 feet; more or less to a point on the northerly right -of -way line of the Denver & Rio Grande Western Railroad; thence northeasterly, along the courses of the said Denver & Rio Grande Western Railroad northerly right -of -way line to a point on said right -of -way line whence the southeast corner of the SW' /4 of the NE` /a of Section 33 bears South 59° 17'East a distance of 790.82 feet; thence North 11 °39' West a distance of 25.00 feet to a point on the south bank of the Arkansas River; thence along the south bank of the Arkansas River along the following two (2) courses: North 41 °57' West a distance of 276.19 feet; North 36 °57'West a distance of 509.72 feet; to a point on the north line of the said S W' /4 of the NE' /4 of Section 33; thence North 89 °06' West, along the said north line of the SW' /4 of the NE` /4 and along the north line of the said lot 4 of Section 33, a distance of 1080.85 feet; thence North 0 along the east line of the W' /2 of the NE' /4 of the NW' /4 (across Lot 3) of the said Section 32 a distance of 227.19 feet to a point on the south bank of the Arkansas River; thence along the south bank of the Arkansas River along the following nine (9) courses: North 81 °06' West a distance of 285.31 feet; South 54 °28' West a distance of 286.05 feet; South 37 °34' West a distance of 215.00 feet; South 69 °54' West a distance of 165.00 feet; South 40 °04' West a distance of 215.00 feet; South 58 °04' West a distance of 628.00 feet; South 79 °40' West a distance of 233.50 feet; South 86 °29' West a distance of 84.00 feet; South 85 °12' West a distance of 240.22 feet; to a point on the said Section line common to Sections 32 and 33; thence due south a distance of 547.34 feet to the point of beginning, having an acreage of 68.9 acres, more or less; and all pasturage and recreational rights therein. Parcel #2 All of Lots 7, 8, 9, 10, 11, unlabeled portion on Pueblo Garden Plat (believed to be Lot 14), Lots 15 and 16, Pueblo Gardens as shown by the recorded plat on record in Pueblo County, Colorado, in Book 1 B, Page 18 of Plats dated May 15, 1882, including any property interest included in abandoned Fitch Avenue and Garden Avenue as shown on said Plat; and all pasturage and recreational rights therein. TO HAVE AND TO HOLD THE SAME, together with all and singular, the appurtenances thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim IIIIII VIII IIIIII IIIIII VIII VIII VIII III VIII IIII IIII 65686O357A ChrisC.Munoa PuebIOCtyCIk &Rec QUIT R 31.00 D 0.00 whatsoever of the Grantor, either in law or equity, to the only proper use, benefit and belief of the Grantee its heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the day and year first above written date set forth above. RICHARD L. DIVELBISS By (Signature) Date: STATE OF COLORAEA COUNTY OF ��c ) ss. The foregoing instrument was acknowledged before me this m ay of , 20 0 by Richard L. Divelbiss Witrwss my hand and official seal. commission expires: 1�B yf tt�}'AN '?.i3- 2 ©o� Notary Public 11 � MILDRED DIVELBISS BY (Signature) Date: STATE OF COLO O ) ss COUNTY OF The foregoing instrument was acknowledged before me this I Lc t ky of 120 by Mildred Divelbiss Y Wltn hand and official seal. ,. My. comiNM expires - u� t r '• � (� � �� e , Notary Public' > ``n : • 'f,'`'��' 1568603 I. �� k ' t'�+ ` }`` I IIIIII VIII IIIIII IIIIII VIII VIII VIII III VIII IIII IIII Pa 06/02 2004 10 :578 ChrisC.Munoz Pueh1oCtyC1k &Rec QUIT R 31.00 D 0.00 ROBERT DIVELBISS 13 : (Signature) Date: S, /'{. o STATE OF COUNTY OF ) The foregoing instrument was acknowledged before me this lat4y of , 20 04 Robert Divelbiss my hand and official seal. expires: 9 3 - Z ©© '-- / o ; 4 i E' I Notary Pub 'c kUlr,L RLUL1 ) STATE OF 4) ) COUNTY OF VaQ,0 ) Date: ss. The foregoing instrument was acknowledged before me this L 4 4 of ce � , 20 0 4 by Michael Divelbiss IV\ Witness my hand and official seal. ;.•• ^ivly, eori4missi9n expires: (3 ,r n; �� r Notary Public i IIIIII VIII IIIIII IIIIII VIII VIII VIII III VIII IIII IIII 656860 ChrisC.Munoz Pueb1oCtyC1k &Rec QUIT R 31.00 D 0.00 MARGARET DNELBISS L Dat STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me this /I— day of �. 2000/, by Margaret Divelbiss Witness my hand and official seal. ryry My commission expires: J� U tary Public [ S E A �``:M. - ' v & �Q'• ,� P RY'• : z e L� < W e : - 2 .... - • STATE OF COLORADO COUNTY OF PUEBLO RICHARD D. DNELBISS By (Signature) Date: `� 0 , 0 ss. The foregoing instrument was acknowledged before me thiQ�ay of 20 9` , by Richard D. Divelbiss Witness my hand and official seal. My commission expires: t r Notary Public IIIIII VIII IIIIII IIIIII VIII VIII VIII III VIII IIII IIII 6568603 ChrisC.Mur PueblOCtYC1 Mac QUIT R 31.00 D 0.00 CINDY ULDRICH By C_ vYt (Signatu S Date: 11 STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me this JIM day of by Cindy Uldrich Witness my hand and official seal. My commission expires: 1 2M5 r ) RA O M NA A. KAYE NOTARY PUBLIC - MINNESOTA My Comm. Exptres Jan. 31, 2005 e P ro Tj Notary Public MARK DIVELBISS By �� Date: S// y1 ss. The foregoing instrument was acknowledged before me this �` lay of _/ , 20 by Mark Divelbiss Witness my hand and official seal. 'ssion expires: 2 --� n • - ; c �- Notary Public c . Page: 6 of a 568603 ChrisC.Munoz PuebloCtyCIk&Rea QUIT R 31.00 D 0.00