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11552
RESOLUTION NO. 11552 A RESOLUTION APPROVING AN AGREEMENT FOR DONATION OF REAL ESTATE BETWEEN CITY OF PUEBLO AND CATHOLIC HEALTH INITIATIVES COLORADO RELATING TO PROPERTY LOCATED ALONG LAKESHORE DRIVE AND LAKE AVENUE FOR A PROPOSED FIRE STATION AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement For Donation of Real Estate dated as of March 23, 2009 between City of Pueblo and Catholic Health Initiatives Colorado ( "Agreement') relating to property located along Lakeshore Drive and Lake Avenue for a proposed fire station, a copy of which is attached hereto, having been approved as to from by the City Attorney, is hereby approved. SECTION 2 The President of the City Council is authorized to execute 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. The City Attorney is authorized to execute all real estate closing documents relating to this transaction in the name of the City. INTRODUCED: March 23, 2009 7 Judy Weaver Councilperson APPR D' } �- PRESIDENTaf Cfty Council A77TSTED DY: CITY CLERK ED Background Paper for Proposed RESOLUTION AGENDA ITEM # 5 DATE: March 23, 2009 DEPARTMENT: Law Department TITLE A RESOLUTION APPROVING AN AGREEMENT FOR DONATION OF REAL ESTATE BETWEEN CITY OF PUEBLO AND CATHOLIC HEALTH INITIATIVES COLORADO RELATING TO PROPERTY LOCATED ALONG LAKESHORE DRIVE AND LAKE AVENUE FOR A PROPOSED FIRE STATION AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve the agreement and acquire property for a proposed fire station? RECOMMENDATION Approve the agreement. BACKGROUND Catholic Health Care Initiatives Colorado ( "Catholic Health Care ") will donate and convey 2.87 acres of land along Lakeshore Drive and Lake Avenue to the City for a proposed fire station. City will release the property in the St. Mary- Corwin Subdivision 3 ( "Subdivision ") from all obligations imposed by the subdivision improvements agreement for the Subdivision which includes certain street improvements which have not been completed relating to Lake Avenue and Lakeview Avenue intersection improvements and Lakeview realignment east of Lake Avenue ( "Lake Avenue Street Improvements "). All other subdivision improvements have been completed. Catholic Health Care has escrowed $205,626.50 with the City for the Lake Avenue Street Improvements (the "Escrow Funds "). The Escrow Funds will be transferred to the City. FINANCIAL IMPACT See Background. THIS AGREEMENT is entered into as of the 23rd day of March, 2009 (the "Effective Date "), by and between CATHOLIC HEALTH INITIATIVES COLORADO, a Colorado non- profit corporation ( "Donor ") and THE CITY OF PUEBLO, COLORADO ( "Donee "). The parties hereto agree as follows: 1. Transfer. Donor shall transfer to Donee and Donee shall accept from Donor, subject to the terms and conditions hereinafter set forth, the real property, and all improvements, appurtenances and heridaments located thereon or related thereto, situated within Pueblo County, Colorado, as the same is more particularly described on Exhibit A attached hereto and incorporated herein by reference (collectively, the "Property "). 2. Consideration. The consideration for the transfer of the Property shall be the mutual covenants as set forth herein. 3. Delivery of Documents. On or before Closing, as hereafter defined, Donor shall, to the extent existing and in Donor's possession, deliver to Donee copies of all of the following: (a) Any notices or correspondence, licenses or similar documentation from any governmental authority having jurisdiction over the Property; and (b) the materials and documents set forth in paragraph 14 hereof. 4. Donee's Right to Inspect and Occupy Property. From the Effective Date until the Closing Date, Donee, its agents and employees shall be entitled to enter upon the Property for any lawful purpose, including for the purpose of making inspections thereof and conducting such tests and observations and compiling such information as Donee may deem appropriate. Donee shall pay when due all fees and expenses incurred in the performance of any such inspections, tests or observations and shall indemnify, defend, and save Donor harmless from any loss or for damages arising out of the acts or omissions of Donee and the parties performing such inspections, tests, or observations. Possession of the Property shall be delivered to Donee at the Closing. Prior to possession of the Property by Donee, Donee shall not make any alterations to the Property without Donor's prior written consent. 5. Title Insurance. Within twenty (20) days prior to the Closing, Donee shall obtain a current title insurance commitment issued by a title insurance company acceptable to both parties (the "Title Insurance Company "), covering the Property, together with clear and legible copies of any documents referred to therein. In the event the title insurance commitment delivered to Donee shall contain any exceptions from coverage which are unacceptable to Donee, Donee shall, within 10 days after the receipt of the commitment, notify Donor of any such objection and the reasonable curative action requested by Donee. In the event Donor shall be unable or shall elect not to cure such defects prior to Closing, Donee, at Donee's sole option, may elect either (a) to terminate this Agreement, in which event this Agreement shall become null and void, or (b) to waive such objections and proceed to close this transaction in accordance with this Agreement. Any exceptions on the title insurance commitment to which Donee does not object or to which Donee initially objects and then waives such objection pursuant to this paragraph shall be deemed to be "Permitted Exceptions." Donee may obtain, at its sole cost and expense, an owner's policy of title insurance, covering the Property. Donor shall deliver to the Title Insurance Company any instruments, documents, payments, indemnities, releases and agreements as the Title Insurance Company shall reasonably require in order to issue, amend or update the title insurance commitment as herein provided. 6. Representations and Warranties of Donee. Donee represents and warrants to Donor as of the date of this Agreement and as of the Closing, the following: (a) The consummation of the transaction contemplated herein and the fulfillment of the terms hereof will not result in a breach of any of the terms or provisions of, or constitute a default under any agreement, document or charter to which Donee is a party or by which it is bound, or any order, rule or regulation of any court or of any regulatory body or any administrative agency or any other governmental body having jurisdiction over the Donee, its properties or business; and no consent, approval, authorization or order of any court or governmental agency or body is required for the consummation of the transaction contemplated herein. (b) This Agreement and all agreements, instruments and documents herein provided to be executed by Donee are duly executed by and are binding upon Donee. (c) There will not be any obligation or charge made against any property owned by Donor or Donor's affiliates for public works, infrastructures or other purposes in connection with any development or redevelopment of the Property whether or not such works, improvements or other actions directly or indirectly benefit such property of Donor or its affiliates. 7. Representations and Warranties of Donor. Donor represents and warrants to Donee as of the date of this Agreement and as of the Closing, the following: (a) The , consummation of the transaction contemplated herein and the fulfillment of the terms hereof will not result in a breach of any of the terms or provisions of, or constitute a default under any agreement, document or charter to which Donor is a party or by which it is bound, or any order, rule or regulation of any court or of any regulatory body or any administrative agency or any other governmental body having jurisdiction over the Donor, its properties or business; and no consent, approval, authorization or order of any court or governmental agency or body is required for the consummation of the transaction contemplated herein. (b) This Agreement and all agreements, instruments and documents herein provided to be executed by Donor are duly executed by and are binding upon Donor. 2 8. No Warranties or Representations. The parties acknowledge that the Donee is conducting its own independent investigation as to the condition of the Property and the availability of all utility services. Donee is acquiring the Property "as is" and is not relying upon any representations, warranties, or guaranties of Donor or its agents except as expressly contained in this Agreement. 9. Street Improvements. At closing Donor and Donee shall execute and deliver an agreement in recordable form and in form and substance reasonably acceptable to Donor and Donee pursuant to which: (a) (i) Donee releases and forever discharges Donor and St. Mary - Corwin of Pueblo, the real property described on Exhibit A to the SIA (defined below) and any successor of Donor and St. Mary - Corwin of Pueblo as the owner or lessee of all or any portion of such real property from any and all obligations, imposed by the Subdivision Improvements Agreement and Addendum thereto for St. Mary - Corwin Subdivision No. 3 dated April 27, 2005 between Donee and St. Mary - Corwin of Pueblo, as subdivider, recorded May 25, 2005 as Instrument No. 1621698 of the records of the Pueblo County Clerk and Recorder (the "SIA "), with respect to construction, installation or cost participation of any improvements referred to in the SIA as "Minnequa Avenue Street Improvements ", "Lake Avenue Street Improvements ", "Lakeview Avenue Street Improvements" or "Phase 2 Street Improvements ", including without limitation, any Lake Avenue and Lakeview Avenue intersection improvements and Lakeview Avenue realignment East of Lake Avenue all within the right -of -way of said streets ( "Street Improvements "), and (ii) by reason or prior work and the release described in clause (i), Donee acknowledges and agrees that all obligations of the owner of such real property under the SIA have been satisfied and performed in full; and (b) Donor sells, assigns and transfers to Donee all of Donor's and St. Mary - Corwin of Pueblo's right, title and interest in and to the $205,626.50 deposit made by St. Mary - Corwin of Pueblo relating to the Street Improvements and now held by Donee. 10. Deal Estate Broker's Commission. Donee and Donor represent and warrant to one another that no broker, person or entity is entitled to a commission, finder's fee or other compensation arising from this transaction, and each party hereby agrees to indemnify, defend and hold the other party harmless from and against any and all claims, loss or damage relating to or arising out of any claim for commission, finder's fee or other compensation by any broker, person or entity claiming by or through such indemnifying party. 11. Survival. All warranties, representations, covenants, obligations and agreements contained in this Agreement shall survive the execution and delivery of this Agreement and of any and all documents or instruments delivered in connection herewith and shall survive the Closing hereunder and the transfer and conveyance of the Property hereunder and any and all performances in accordance with this Agreement. 12. Binding Effect; Assignment. This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective heirs, personal representatives, successors, K and assigns; provided, however, that Donee shall not assign its interest in this Agreement to any party without the prior written consent of Donor. 13. Notices. Any notice, demand or document which any party is required or any party desires to give or deliver to or make upon any other party shall, in the case of a notice or demand, be in writing, and may be personally delivered, delivered by Federal Express or other nationally recognized courier service guaranteeing overnight delivery, or given or made by United States registered or certified mail, return receipt requested, with postage prepaid, addressed as follows: To Donee: The City of Pueblo, Colorado c/o Thomas E. Jagger 503 N. Main Street, Suite 127 Pueblo, CO 81003 Telecopy No.: (719)545 -4301 To Donor: Catholic Health Initiatives Colorado c/o Centura Health Corporation 188 Inverness Drive, Suite 500 Englewood, Colorado Attn: General Counsel Telecopy No.: (303)804 -8198 subject to the right of any party to designate a different address for itself by notice similarly given. Any such notice, demand or document so given, delivered or made by registered or certified mail as aforesaid, shall be deemed to be given, delivered or made (a) upon receipt of the same by the party or parties to whom the same is to be given, delivered or made, if delivered personally, (b) the next business day if deposited with Federal Express or other nationally recognized courier service guaranteeing overnight delivery, (c) 48 hours after being deposited in the U.S.P.S. mail, postage prepaid, or (d) upon transmittal by the sending party, subject to receipt by such party of electronic confirmation of successful transmission, if sent by telecopier. 14. Closing. The transfer herein provided shall be consummated through a closing conference (the "Closing ") which shall be held on the Closing Date at 10:00 a.m. at the offices of Lawyers Title Insurance Corporation in Pueblo, Colorado or such other time and place upon which the parties may mutually agree. The "Closing Date" (or date of Closing) shall be April 15, 2009 or such other date the parties mutually agree. The procedure followed by the parties in connection with the Closing shall be as follows: (a) All documents to be recorded and funds to be delivered hereunder shall be delivered to the Title Insurance Company in escrow, to hold, deliver, record and disburse in accordance with escrow instructions, the form and content of which shall be agreed to by the parties prior to Closing. (b) At the Closing or sooner as otherwise stated in the escrow instructions, the following shall occur: 0 (i) Donor shall deliver or cause to be delivered in accordance with the escrow instructions: (A) Special Warranty Deed conveying the Property to Donee, duly executed and acknowledged by Donor, in proper form generally in use in Colorado and reasonably acceptable to Donee and the Title Insurance Company; and (B) All other documents required to be executed by the Title Insurance Company pursuant to the terms of this Agreement. (ii) Donee shall deliver or cause to be delivered in accordance with the escrow instructions: (A) Any documents required to be executed by the Title Insurance Company pursuant to the terms of this Agreement. (c) Donee and Donor shall each deliver to the other two executed copies of the Donee's and Donor's Statement of Settlement setting forth all prorations and expenses of the Closing. (d) Each party shall pay one -half of any closing or escrow charges of the Title Insurance Company. 15. Prorations. The following prorations shall be made at Closing between Donor and Donee as of the date indicated: (a) As of the Closing Date, real and personal property taxes and assessments on the Property for the year of Closing. In the event that as of the Closing Date the actual tax bills for the year or years in question are not available and the amount of taxes to be prorated cannot be ascertained, then the most recent known rates, millages and assessed valuations shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be adjusted between the parties to reflect the actual amount of such taxes and assessments. (b) Other closing costs shall be apportioned between the parties in accordance with the normal and customary practice of commercial real estate transactions in Pueblo County, Colorado. 16. Condemnation. In the event that prior to Closing a condemnation proceeding (involving the power of eminent domain or the police power as expressed by any governmental or quasi - governmental entity, including but not by way of limitation, any fire or building department) is instituted with respect to all or any portion of the Property or in the event that prior to Closing, Donor has notice or knowledge that there is a reasonable likelihood of some such proceeding being instituted, or if there is then pending a threat of the exercise thereof, Donor shall promptly notify Donee of such fact, setting forth in writing the terms and conditions with respect thereto and the parties' names, addresses, and telephone numbers with whom to deal on behalf of such condemning or potentially condemning governmental entity. In this instance, 5 Donee shall have a period of 14 days following the receipt of such written notice within which to terminate this Agreement. If Donee does not timely make such election, this Agreement shall continue in full force and effect; but Donee shall be entitled to all proceeds received in such condemnation proceedings and shall be solely in charge of conducting all settlement negotiations or defending such action, as the case may be. 17. Casualty. In the event the Property is substantially damaged by fire, flood, earthquake or other casualty between the date of this Agreement and the date of Closing, Donee may elect to terminate this Agreement; or Donee may elect to continue this Agreement in full force and effect, in which event all insurance proceeds arising out of such casualty shall be paid to Donee. 18. Remedies. Time is of the essence hereof. If any payment or any other condition hereof is not made, tendered, or performed by either Donor or Donee as herein provided, then this Agreement, at the option of the party who is not in default, may be terminated. In the event the non - defaulting party elects to treat this Agreement as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. Neither party shall be liable for consequential damages hereunder. 19. General. (a) Entire Agreement This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements, whether written or oral, between the parties respecting such matters. Any amendments or modifications hereto in order to be effective shall be in writing and executed by the parties hereto. (b) Counterparts. This Agreement may be executed in any number of counterparts which together shall constitute the contract of the parties. (c) Attorneys' Fees. The prevailing party in any legal proceeding brought to enforce rights hereunder shall recover from the other party its reasonable attorneys' fees and costs. As used herein the term "prevailing party" means the party entitled to recover costs in any suit, whether or not brought to judgment, and whether or not incurred before or after the filing of suit. (d) Waiver. Except as herein expressly provided, no waiver by a party of any breach of this Agreement or of any warranty or representation hereunder by another party shall be deemed to be a waiver of any other breach of any kind or nature (whether preceding or succeeding and whether or not of the same or similar nature), and no acceptance of payment or performance by a party after any such breach by another party shall be deemed to be a waiver of any further breach of this Agreement or of any representation or warranty hereunder by such other party whether or not the first party knows of such a breach at the time it accepts such payment or performance. No failure on the part of a party to exercise any right it may have by the terms hereunder or by law upon the default of another party, and no delay in the exercise thereof by the first party at rel any time when such other party may continue to be so in default, shall operate as a waiver of any default, or as a modification in any respect of the provisions of this Agreement. (e) Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. DONOR: CATHOLIC HEALTH INITIATIVES COLORADO, a lorado non - profit corporation B Name ary Campbell Title: President Attest: \\ DONEE: City C k THE CITY OF PUEBLO, COLORDO Approved as to form: By: Name: Vera Ortegon City Attorne / Title: President of the City Council 7 EXHIBIT A LEGAL DESCRIPTION A parcel of land located in Sections 11, 12,13, and 14, Township 21 South, Range 65 West of the 6 P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering the line between the monuments found at the intersection of Indiana Avenue and Wyoming Avenue said monument being a brass tack in a lead plug within a cast iron range box to the monument found easterly at the intersection of Indiana Avenue and Oakland Avenue said monument being a brass tack in a lead plug within a cast iron range box to bear N. 90° 00' 00" W. with all bearings contained herein being relative thereto. Commencing at said monument found at the intersection of Indiana Avenue and Wyoming Avenue; thence S. 50 02' 48" W. a distance of 708.66 feet to the Point of Beginning; thence S. 17 23' 34" W. a distance of 21.20 feet; thence along an arc of a curve to the left whose radius is 1472.00 feet and whose center bears S. 72° 36' 26" E. a distance of 85.45 feet; thence along an arc of a curve to the right whose radius is 1262.70 feet and whose center bears N. 64 30' 59" W. a distance of 164.31 feet;`thence S. 26° 29' 00" W. a distance of 13.68 feet; thence S. 38 47' 05" W. a distance of 19.03 feet; thence along an arc of a curve to the right whose radius is 1262.70 feet and whose center bears N. 55° 31' 05" W. a distance of 189.59 feet; thence S 38° 47' 00" W. a distance of 297.57 feet; thence S. 40° 29' 00" W. a distance of 60.90 feet; thence N. 42° 50' 00" W. a distance of 50.60 feet; thence N. 28 53' 00" E. a distance of 119.50 feet; thence N. 00 20' 00" E. a distance of 102.00 feet; thence N. 19° 24' 00" E. a distance of 71.80 feet; thence N. 80° 23' 00" E. a distance of 53.80 feet; thence N. 22° 12' 00" E. a distance of 160.80 feet; thence N. 20° 03' 00" E. a distance of 227.00 feet, thence N. 22° 37' 00" E. a distance of 85 feet; thence S. 72° 43' 04" E. a distance of 209.60 feet more or less to the Point of Beginning. Said parcel contains 2.87 acres, more or less, I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, was prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. Ril nroe Bryan ColP.L.S. 31925 City of Pueblo, Bureau of Public Works December 8, 2008 y f NOTE: THIS EXHIBIT WAS NOT PREPARED AS N °RTii A MONUMENTED LAND SURVEY, AND 'I"T A WAS ONLY PREPARED TO DEPICT THE I w e ATTACHED LAND DESCRIPTION. 4 s CITY OF PUEBLO BUREAU OF PUBLIC WORKS SCALE 1" =100' 12-8 -20 r FCUW G1V FOUND CITY � ' .M - - - - -- -BASIS OF BEARINGS N 90° 00'00 ".E - - -- S oQ Q INDIANA AVENUE T� ul O • 5 i a S � 2o4 3'og4 ° co PGPJ� N 22 3T 00" E P. O.B. . 85.00' S 17 23'34m W 21.20' i �• PORTION OF PARCEL , ®� 1511400008 , �$ 7? �R LAKE MINNEQUA R =1472.00' " D= 3 3 $ L= 85.45' �.. R= 1262.70' r�� o D= 7 27'20" ,' ,tl ga° ��5w w !, °✓ ry L= 164.31' �' ' AQUA AVENUE PORTION OF PARCEL 1511400006 ' S 38 47'05* W 19.03' S 26 29'00 W 13.68' R= " 1262.70' N 80 00 E o \N 5W 31' OB° W 53.80' c� D= 8 36 -� -- L= 189.57' PARCEL 1511400009 , , , N 1W'24'00 E 71.80' w N 00.20' 00" E �`' z 102.00' �L @- �..__ 00`1 N C CTi o 'N 28 00" E � 5 -- - 119.50' o _ 4 LAKE SU co ---- - - - - -- HIGHLAND AVE S 40° 29' 2 N 42 50'00 W 60.90' _ - . ---- -- -- 50.60' � . q Thomas E. Jagger 503 Main Street, Suite 127 Pueblo, Colorado 81003 SPECIAL WARRANTY DEED This SPECIAL WARRANTY DEED ( " Deed "), evidences a conveyance by CATHOLIC HEALTH INITIATIVES COLORADO, a Colorado non- profit corporation who acquired title as St. Mary - Corwin Hospital of Pueblo, Colorado, a Colorado non- profit corporation, whose address is c/o Centura Health Corporation, 188. Inverness. Drive West, Suite 500, Englewood, Colorado 80112 ( "Grantor "), to THE CITY OF PUEBLO, COLORADO ( "Grantee "), whose address is 503 Main Street, Suite 127, Pueblo, Colorado 81003, Attn: Thomas E. Jagger. Grantor, for and inconsideration of the sum of Ten and 00 /100 DOLLARS ($10.00), and other good and valuable consideration, 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 conf rm unto Grantee, its successors and assigns forever, approximately 2.87 acres of land located in Pueblo County, Colorado which is described on Exhibit`A attached to this Deed (the "Property"); together with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversions, remainders, rents, issues and profits `thereof, and all the estate, right, .. title, interest, claim and-demand whatsoever of the Grantor, either in law or in . equity, of, in and to the Property, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the Property above bargained and described, with the appurtenances unto Grantee, its successors and assign's forever.` And Grantor, for itself, its successors and assigns, does covenant and agree that Grantor shall and_ will WARRANT AND FOREVER DEFEND the Property in the quiet and peaceable possession of Grantee, 'its successors and assigns, against all and every person or persons lawfully claiming or to claim the whole of any.part thereof by, through, or under Grantor, except for the lien of general taxes and assessments for the current year and all subsequent years and all liens, encumbrances and other matters of record or that would be disclosed by an accurate survey of the Property. IN WITNESS WHEREOF, Grantor has executed this Deed on the date set forth below. Dated: April., 2009. CATHOLIC HEALTH INITIATIVES COLORADO, a Colorado non -profit corporation, who acquired title as St. Marty- Corwin Hospital of Pueblo, Colorado, a Colorado non = profit corporation B l Name: Title. PH2;296032v2 1' 1 %l 9/07 4820- 6627-4051 1 A Parcel of land located in Sections 11,12,13, and 14, Township 21 South Range 65 West of the . 6, P.M. in the County of Pueblo and State of Colorado, being more: particularly described as - follows: Considering the line between the monuments found at the intersection of Indiana ,Avenue and Wyoming Avenue said monument,being a brass tack in a lead plug within a cast -iron range box to 11 . -, the monument found easterly' at the; intersection of Indiana Avenue and Oakland Avenue said monument being a brass tack in a lead plug within a cast iron range box to bear N. 90 00' 00" W. with all bearings contained herein being relative thereto. Commencing at said monument found at the intersection of Indiana Avenue and Wyoming Avenue; thence S. 50 02' 48"' W. a dis of tance of 708.66 feet to the Pgint� Beginning; thence S. 17 34" W. a distance of 21.20 feett thence along an arc of a curve to the left whose radius is 1472.00 feet and whose center bears S. 72° 36' 26" E. a distance of 85:45 feet; thence along an arc of a curve to the right whose radius is 1262.70 feet and whose center bears N. 64° 30`59 W. a distance of 164.31 feet; thence 5:126° 29' 00" W. a distance of 13.68 feet; thence S. 38 47' 05" W. a distance of 19.03 feet; thence along an arc of a curve to the right whose radius is 1262.70 feet and whose center bears N.550 05" W. a distance of 189.59 feet; thence'S 38° 47' 00" W. a distance of 297.57 feet; thence S.' 40° 29' 00" W. a distance `of 60.90 feet; thence N..42 50' 00" W: a distance of 50.60 feet;- thence N: 28 53' 00" E. a distance of 119.50 feet; thence N. 00° 20' 00" E. a distance of 102.00 feet;, thence N.4 9'. 24' 00" E. a distance of 71.80 feet; thence N. 80 23' 00" E. a distance of 5180 feet•, .thence N. 22 12' 00" E. a distance of 160.80 feet; thence N.' f 20 03' 00" E. a distance of 227:06 thence N. 22 37' 00" E. a distance of 85 feet; thence -S.. 72 43' 04 E. a distance of 209 60 :feet � more or less to the Point `of Beginning. Said parcel contains 2.87 acres, more or less. I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Coiorado, do hereby state that this land description and exhibit; being made a part hereof, was °prepared under my ' responsible charge and are accurate to the best of my knowledge, information and belief. NOTE: , THIS EXHIBIT WAS NOT PREPARED AS N rtt A MONUMENTED LAND SURVEY, AND EX HIBIT WAS ONLY PREPARED TO DEPICT THE ATTACHED LAND DESCRIPTION. v ' s CITY OF PUEBLO BUREAU OF PUBLIC WORKS SCALE I"=100' 12 -8 -2008 FouNn rxrr FOUM cmr r MONUMEM Momumoff , � c� ` - - - -- -BASIS OF BEARINGS N 90° 00'00" E - - - - - -- - �Q. INDIANA AVENUE zw . m oz a O z oa f 2 ?09 60I g �J 0� Q J P Jk' ,-0, A � 0 Q� P.O.B. ' S17 °23'34 "W 21.20' • •J / �� • `•�S 72' R ZB' E R= 1472.00` D= 3° 19' 3 L= 85.45' ,' •,�! sad so' � W -- (R) AQUA AVENUE 400006 S 26 29'00 W 13.68' '•r 05' W (R) PARCEL 1511400009 N22 °37'00 "E.� 85.00' 1' LAKE MINNEQUA O ' o V ' N 1 PORTION OF PARCEL 1511 G f F ; i c�$ S 38 47' 05" W 19.03' N 80 °1 00" E + R= 1262,70' D= 8° 36'09" 53.80' �1r L= 189.57' N 18Y 24'00w E 71.80' N 00 20'00m E 102.00' 'N 28 °53'00 ' E 119.50' —� 1 5 ' , HIGHLAND AVE w z w LAKE RESUB S 40"29'0 0 W -- _ -- — 1 N 42 50'00 W 60.90 1 _ 32 50.60' , -' 1—) 2 31 L 3 -- % g 4 PORTION OF PARCEL 1511400008 R= 1262.70' D= 7 27' 20" L= 164.31' fficial Records of uehlc County clerk & Recorder 18022 04 /16/2009 11:18:04 age 1 of 4 Release : $21.0 m $0.00 Gilbert Ortiz RELEASE AGREEMENT THIS RELEASE AGREEMENT ( "Agreement ") entered into as of April 9, 2009 between Pueblo, a municipal corporation City") and Catholic Health Initiatives Colorado, a Colorado nonprofit corporation ( "Donor "), WITNESSETH: WHEREAS, St. Mary - Corwin of Pueblo ( "Subdivider ") and ,City entered into a Subdivision Improvements Agreement dated April 27, 2005 and Addendum thereto, recorded May 26, 2005 as Reception No. 1621698 in the records of the Pueblo °County Clerk and Recorder for St. Mary - Corwin Subdivision No. 3 ( "SIA ") affecting the real property in'Pueblo County, Colorado described in the SIA and attached Exhibit "A" ( "Property "), and WHEREAS, Subdivider has fulfilled Subdivider's obligations under the SIA relating to the Property. NOW, THEREFORE, in consideration of the foregoing and mutual covenants contained herein, City and Donor agree as follows: l . City does hereby release and forever discharge Donor and Subdivider, the Property and any successor of Donor and Subdivider "as the owner or lessee of all or any portion of the Property from -.any and all obligations, unposed by the SIA, with respect to construction, installation or cost participation of any improvements referred to in the SIA as "Minnequa Avenue Street improvements, ". "Lake Avenue- Street Improvements," "Lakeview Avenue Street Improvements" or "Phase 2 Street Improvements," including without limitation, any Lake Avenue and Lakeview Avenue intersection improvements and Lakeview` Avenue realignment East of Lake Ave«ue,al l within the right -of -way of said streets ( "Street Improvements "). 2. By reason of prior events and the release described in Paragraph 1, City acknowledges and agrees that all obligations of the owner of the Property under the SIA.have been satisfied and performed in full. 3. Donor does hereby sell, assign and transfer to City all of Donor's and Subdivider's right, title and interest in and to the $205,626.50 deposit made by Subdivider relating to the Street Improvements and now held by City. 4. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit ofthe parties, and their respective successors and assigns. 5. This Agreement contains the entire agreement between the parties respecting the matters herein set forth and supersedes all prior agreements, whether written or oral, between the parties respecting such matter. Any amendment or modification hereto in order to be effective shall be in writing and executed by the parties hereto. 6. In the event of any litigation arising under this Agreement, the court shall award to the prevailing party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall be Pueblo County, Colorado. 7. This Agreement may executed in any number of counterparts which together shall constitute the contract of the parties. 1802268 Page 2 of Executed in Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION CATHOLIC HEALTH INITIATIVES CORPORATION, a Colorado nonprofit corporation By_ f Vera Ortegon - President By �, -.s c rof1he City Council President The foreg instrument.was acknowledged before me this 1 3 I day of April, 2009 by g g Vera Ortegon, as President of the City Council of Pueblo, a municipal corporation. Witness my hand and official seal. My commission expires: 20 1 [ jkNE f RAVO -NEFF Al-) Z1 " NOTARY PUBLIC Notary Public STATE OF COLORADO STATE OF COLORADO ) ss• COUNTY OF PUEBLO ) The foregoing instrument was _acknowledged before me this day of April, 2009 by as President of Catholic Health Initiatives Colorado, a Colorado nonprofit corporation. Witness my hand and official seal. My commission expires: t Notary Public STATE OF COLORADO } ss. COUNTY OF PUEBLO ) num Executed in Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION CATHOLIC HEALTH INITIATIVES CORPORATION, a Colorado nonprofit corporation By , ( — � A Vera Ortegon - President By v--_ of the City Council , Rr-esi I rE as ccr�r Attest: City Clerk Approved as to form: City Attorney STATE OF COLORADO ) .) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this day of April, 2009 by Vera Ortegon, as President of the City Council of Pueblo, a municipal corporation. Witness my hand and official seal. My commission expires: [SEAL] Notary Public STATE OF COLORADO COUNTY OF PUEBLO ss. The foregoing instrument was acknowledged before me this day of April, 2009 by CAY SGl UCH- , as �e� of Catholic Health Initiatives Colorado, a Colorado n0hprofi?corpolAtion. �Easccr�t'-- Witness my hand and official seal. My commission expires: S E A L Notary Public KAREN S WARNOCK Notary Public Ststu Of Colorado 2 80220 Page 12 %10 /98 16:31 C1TY PUEBLO CLERK 71.95532761 NO.099 ©11 all 1621698 Rte: T of 12 as/M/2 chrtc C. MUMz RuabloftbeikgttgaRlt&EI R GIAM o E.$0 A parcel' of land located Within the West onewhWf'of Section 12. Township 21 South, Range 0 West, ofth6 t Prlmsipal Meridian, County ofPuehlo, State of Colorado, being more particularly described iw follows; All of Lot 3, St. Mary Corwin Hospital SuMvision No. 2, according to the recorded ptat thereof, filed for record on Match 3%4981 in Book 2067 at Page 2+49 and all of Parcel A and Facet B,.ReaPr ent of Property Doundarics in Lots 1'& 2 St. MMY Corwin Hospital Subdivision N according to the recorded plat thereof filed for record on February 6, 1991 in Book 2530 at Pago 892 in the Office to the Clerk & Recorder, County of Pueblo, State_ of Colorado. Said parcel contains 1 8.79 acros, more or less.