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HomeMy WebLinkAbout11005RESOLUTION NO. 11005 A RESOLUTION APPROVING AN AGREEMENT FOR SALE AND PURCHASE OF PROPERTY BETWEEN THE CITY OF PUEBLO AND GERALD KEMPHER FOR THE CONSTRUCTION OF STORMWATER DETENTION FACILITIES. WHEREAS, the City of Pueblo, a municipal corporation, is developing and building detention facilities to provide flood protection in the City of Pueblo area, and WHEREAS, particular property is needed for the proper location and construction of detention facilities, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 _ The agreement for sale and purchase of property between the City of Pueblo and Singleton Family Partnership, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2_ The President of City Council is authorized to execute the agreement in the name of the City and the City Clerk is directed to affix its seal of the City thereto and attest same. SECTION 3. Funds will be expended from Stormwater Utility FY 2007 Budget. APPROVED: a u & " e - ) ESID NT%J City Council ATTESTED BY: CITY CLERK INTRODUCED Mav 14. 2007 BY Randy Thurston Councilperson 0005 AGENDA ITEM # j "v DATE: MAY 14, 2007 DEPARTMENT: STORMWATER UTILITY DEPARTMENT DENNIS A. MARONEY. P.E.. CFM TITLE A RESOLUTION APPROVING AN AGREEMENT FOR SALE AND PURCHASE OF PROPERTY BETWEEN THE CITY OF PUEBLO AND GERALD KEMPHER FOR THE CONSTRUCTION OF STORMWATER DETENTION FACILITIES. ISSUE Should the City acquire land for the purpose of constructing detention facilities. RECOMMENDATION Approval of Resolution BACKGROUND The property has been identified in the City's Master Basin Planning Study as a detention site in the Wildhorse /Dry Creek drainage basin. The detention facility would serve to improve water quality, collect debris and regulate flows discharging to the BNSF Railroad bridges. The detention site is located adjacent to the east side of BNSF Railroad between W. 23` St. and W. 24 TH St.. The City of Pueblo Stormwater Department would maintain this detention facility and remove debris from the Alabama drainage channel before impacting railroad facilities. Regulated storm water discharge from the detention facility would not exceed the capacity of existing railroad bridges. This detention facility would serve to mitigate flooding potentials in residential areas adjacent to railroad facilities and the Peppersauce Bottoms residential neighborhood. Storm water would be discharged to Wildhorse /Dry Creek as part of the existing historic drainage system. FINANCIAL IMPACT Total cost for this land acquisition is $3,000. $400,000 was appropriated in the 2007 budget for land acquisition and detention basin construction. AGREEMENT FOR SALE AND PURCHASE OF PROPERTY Agreement made as of May 14, 2007, between Gerald Kempfer (herein referred to as "Seller ") and the City of Pueblo, a municipal corporation (herein "Purchaser "). 1. Sale. Seller shall sell and convey, and the Purchaser shall purchase all of the real property described as Lots 25 to 28, Block 9, Irving Place, Second Filing, County of Pueblo, State of Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, and all adjacent vacated streets, alleys and public rights of way, if any (the "Property "). 2. Purchase Price The Purchase Price is $3,000 and will be paid in full at the time of closing subject to compliance by Seller with Seller's warranties and representations contained herein. 3. Liens and Encumbrances The Property shall be sold and will be conveyed free of all liens and encumbrances, equities of any nature, rights of parties to or in possession, taxes and assessments, except current year taxes. 4. Marketable Title Good and marketable fee simple title to the Property will be conveyed by Seller to Purchaser by general warranty deed acceptable to Purchaser in proper form duly executed, acknowledged and ready for recording. 5. Apportionments The ad valorem taxes for the year of sale, water and sewer charges, and other utilities, if any, will be apportioned as of the date of closing. All special assessments, if any, shall be paid in full by Seller. If the closing shall occur before current year taxes are fixed, the apportionment of taxes shall be based upon the prior year taxes. 6. Closing The date of closing shall be as determined by mutual agreement of Seller and Purchaser but shall be no later than June 14, 2007. The time and place of closing shall be designated by Purchaser. 7. Seller's Representations Seller represents and warrants: (a) Seller has full power and authority to execute, deliver and perform this Agreement and at closing all acts of Seller necessary and required for such execution, delivery and performance of this Agreement will have been taken. (b) There is not now pending or, to the knowledge of Seller, threatened any suit, 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. 1. fee simple title to the Property free of all liens and encumbrances, equities of any nature, rights of parties in possession, taxes and assessments, except current year taxes. (d) The land included in the description of the Property is contiguous. (e) Purchaser shall not become liable for or obligated to pay any broker's, 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 and Seller shall indemnify and hold harmless Purchaser therefrom. (f) Except as otherwise provided herein, the Property, will be conveyed at closing in its condition and state of repair as of the date of this Agreement. (g) Neither the Property nor 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 records. (ii) Easements, or claims of easements, whether or not shown by the public records. (iii) Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose whether or not shown by the public records. (iv) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, 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. 8. Purchaser's Representations Purchaser represents and warrants: (a) The Purchaser is a municipal corporation dulyorganized, existing and in good standing under the laws of the State of Colorado. (b) 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. 9. Seller's Duty to Perform Time is of the essence hereof and unless, at the time of -2- 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 it or otherwise to effectuate its part of the purchase and sale herein provided: (a) Purchaser's representations and warranties set forth in paragraph 8 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 Seller. (b) The Purchaser has complied with its agreements to be performed herein by it prior to the time of closing. (c) The Seller has received from Purchaser the full Purchase Price. 10. 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 Sellercontained 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 have complied with their agreements herein to be performed by them prior to the time of closing. (c) The Purchaser shall have received from the Seller the (i) general warranty deed, and (ii) Pueblo County Treasurer's certificate of real estate taxes and special assessments on the Property. (d) The results of an environmental inspection which may be performed by Purchaser do not indicate a level of contamination of the Property which is deemed unacceptable to Purchaser. 11. Termination This Agreement may be terminated upon written notice at any time prior to closing by Purchaser or Seller if there has been a material misrepresentation or breach of warranty on the part of the other party in such party's representations and warranties set forth in this Agreement. 12. Possession, Liquidated Damages Possession of the Property shall be delivered to Purchaser by Seller on closing. The parties acknowledge that if Purchaser does not obtain -3- possession by closing, Purchaser may incur a substantial loss. Consequently, if Seller shall fail or refuse to deliver possession of the Property to Purchaser on or before closing, Seller shall be subject to eviction and shall be liable for liquidated damages in the amount of S 100.00, for each and every calendar day thereafter until possession is delivered or obtained. 13. Title Insurance Within ten (10) days after the date of this Agreement, Seller shall cause to be furnished to Purchaser, at Seller's expense, a current commitment for an owner's title insurance policy (ALTA Owner's Policy - 10/17/92) in an amount equal to the purchase price committing to delete or insure over the standard exemptions and cause the title insurance policy to be delivered to Purchaser as soon as practicable at or after closing. 14. Environmental Inspection During the period between the 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, solvents, volatile organic compounds, lead, lead based paint, asbestos, and of hazardous substances in, on, or upon the Property, whether located on, above or below the ground surface 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, inspections, 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, groundwater, 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. 15. Singular 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. 16. 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. 17. 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. Exclusive venue for 13 W any such litigation shall be Pueblo County, Colorado. 18. 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. 19. Notice Any notice, request, instruction or other document to be given hereunder by any party hereto to the other shall be in 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 225 E. Cherokee Drive, Colorado Springs, CO 80926. 20. Expenses 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. Seller and Purchaser shall pay their respective closing costs and all other items required to be paid at closing. Seller and Purchaser shall sign and complete all customary or reasonably required documents at or before Closing. Fees for real estate closing fees shall be paid at Closing, one -half by Seller and one -half by Purchaser. 21. Entire Understanding This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained and this Agreement cannot be changed or terminated orally. 22. Governing Laws This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 23. No Benefit to Third Parties Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm or corporation, other than the parties hereto, any rights or remedies under or by reason hereof. WITNESS THE DUE EXECUTION HEREOF, as of the day and year first above written. ATTEST:_ City C k PURCHASER CITY OF PUEBLO, A MUNICIPAL CORPO N By _ Presment of e City Council SELLER Gerald Kempfer -5- i March 1, 2007 Dan Centa Director Public Works City of Pueblo 211 E. "D" Street Pueblo, CO 81003 Re: Estimate of land values for property located between Bancroft Ave. and W. 23` Street adjacent to the East side of Atlanta Avenue Dear Dan: I have performed a cursory review of the property described as lots 19 to 36, blk 13, Irving Place, 2 "d filing, City of Pueblo. The parcel is zoned for residential development and contains an area of 57,655 square feet according to County Assessor records. A reasonable estimate of value for residential property in the area would be $.45 to $.50 per square foot. If you have any questions, please feel free to contact me. Sincerely, `Greg Ha CRS, C CCIM Greg Hahn RE/MAX Pueblo - Central, LLC 3673 Parker Blvd., Suite 100, Pueblo, Colorado 81008 ® Office: (719) 586 -8722, Toll Free: (877) 457 -0760 REALToA o Each Office Independently Owned and Operated 1732481 WD 07/02/2007 01:31:10 PM Page'. 1 of 2 R 11.00 D 0.30 T 11.30 Gilbert Ortiz Clerk /Recorder, Pueblo County, Cc mill K l0«FAI I A LM YA NCR N 1111 STATE DOCUMENTARY FEE PUEBLO COUNTY WHEN RECORDED RETURN TO: Name: CITY OF PUEBLO, A MUNICIPAL CORPORATION Address: 503 N. MAIN STREET SUITE 127 PUEBLO CO 81003 WARRANTY DEED THIS DEED, made this 29th day of June, 2007, between GERALD KEMPFER whose address is 225 E. CHEROKEE DRIVE, COLORADO SPRINGS, CO 80926, grantor, and CITY OF PUEBLO, A MUNICIPAL CORPORATION whose legal address is, #1 CITY HALL PLACE, PUEBLO CO 81003 , grantee: WITNESSETH, that the grantor, for and in consideration of the sum of $3,000.00, 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 said County of Pueblo and State of described as follows: LOTS 25 THRU 28, BLOCK 9, IRVING PLACE, SECOND FILING, COUNTY OF PUEBLO, STATE OF COLORADO also known by street and number as: LOTS 25 -28 BLK 9 IRVING PLACE, TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and th t he es same are Stewart Title of ColoradD - Pueblo Division File Number: 717082LR r �y „ Warranty Deed— (Individual) �..�°" Page 1 of 2 1732481 WD 07/02/2007 01:31:10 PM Page: 2 of 2 R 11.00 D 0.30 T 11.30 Gl lbart Ortiz Clerk /Recorder, Pueblo County, Co mill 11% 11 A WkYj W1 IIIIIIII II free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except 2007 taxes and all subsequent years. Also subject to those specific exceptions described by reference to recorded documents as reflected in title documents accepted by Buyer in accordance with §8a of the Contract to Buy and Sell Real Estate dated 5/14/07 and incorporated herein by reference The grantor shall and will WARRANTY 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. GERALD KEMPFER STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) On this 29th day of June, 2007, before me, the undersigned, a Notary Public, in and for said State, personally appeared GERALD KEMPFER known to me, and /or identified to me on the basis of satisfactory evidence, to be the person(s) whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they executed the same. WITNESS MY HAND AND O FIC ;AL SEAL. My commission expires a / /'L) Notary Public: s NOTARY co ,A PUBLfC �P cm- Stewart Title of Colorado- Pueblo Division File Number: 7170821,R Warranty Deed — (Individual) Page 2 of 2