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
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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
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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
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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) �..�°"
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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)
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