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HomeMy WebLinkAbout12422RESOLUTION NO. 12422 A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SCANIO FAMILY, LTD RELATING TO THE ACQUISITION OF REAL PROPERTY FOR DEVELOPMENT OF INDUSTRIAL PARK LAND TO BE MADE AVAILABLE FOR JOB CREATING CAPITAL IMPROVEMENT PROJECTS, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND TRANSFERRING $131,650 FROM THE 1992- 2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR SUCH PURPOSE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council finds and determines that the expenditure of $131,650 for purchase of approximately 29.2 acres of real property and associated costs to be used or otherwise made available for primary job creating capital improvement projects, meets and complies with the criteria and standards established by Ordinance No. 6381, as amended by Ordinances No. 7583 and 7836, and will create employment opportunities justifying the expenditure of public funds. SECTION 2. The Contract to Buy and Sell Real Estate dated as of June 11, 2012 between Pueblo, a Municipal Corporation and Scanio Family, LTD ("Seller"), a true copy of which is attached hereto ("Contract"), having been approved as to form by the City Attorney, is hereby approved. The President of City Council is authorized to execute and deliver the Contract in the name and on behalf of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. Funds in the aggregate amount of $131,640 are hereby authorized to be transferred, expended and made available out of the 1992-2016 Sales and Use Tax Capital Improvement Projects fund for the sole purpose of paying the purchase price under the Contract, and paying up to $10,000 for technical and professional services associated with inspection, testing, closing costs and other services and costs as may be reasonably incurred by the City in connection with the Contract (the "Associated Acquisition Costs"). The funds hereby authorized to be transferred and expended shall be held by the City and released, disbursed and paid by the Director of Finance in the following manner: the sum of $121,650 to be paid to or for the benefit of Seller in accordance with the terms of the Contract and the sum of $10,000 for Associated Acquisition Costs, whenever incurred. SECTION 4. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and attached Contract to effectuate the transaction described therein, and all actions heretofore taken in connection therewith are ratified and affirmed. SECTION 5. This Resolution shall become effective upon final passage and approval. INTRODUCED: June 11, 2012 BY: Leroy Garcia COUNCIL PERSON Background Paper for Proposed RESOLUTION DATE: June 11, 2012 AGENDA ITEM # M-2 DEPARTMENT: Law Department Thomas J. Florczak, City Attorney TITLE A RESOLUTION APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN PUEBLO, A MUNICIPAL CORPORATION, AND SCANIO FAMILY, LTD RELATING TO THE ACQUISITION OF REAL PROPERTY FOR DEVELOPMENT OF INDUSTRIAL PARK LAND TO BE MADE AVAILABLE FOR JOB CREATING CAPITAL IMPROVEMENT PROJECTS, AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME, AND TRANSFERRING $131,650 FROM THE 1992- 2016 SALES AND USE TAX CAPITAL IMPROVEMENT PROJECTS FUND FOR SUCH PURPOSE ISSUE Should City Council approve the purchase of approximately 29.2 acres of real property for industrial park land and land for utilities and extension of railroad lead track to serve job creating capital improvement projects? RECOMMENDATION Approve the Resolution. BACKGROUND In connection with a previously approved job creating capital improvement project ("Rocla"), the City agreed to construct railroad lead track serving a new industrial development. As development of that project has progressed, it has become apparent that it will be economically more efficient to construct at the same time additional track to serve additional industrial development, as well as to acquire land for utility placement and access control from Lime Road. The property proposed for acquisition is needed for such utility, rail extension and access areas. Under the Contract to Buy and Sell Real Estate, City will purchase from Scanio Family, Ltd approximately 29.2 acres of land east of Vestas Towers America, Inc. (the "Property") for an aggregate purchase price of $121,650 in accordance with the terms and conditions of the Contract. The closing is to occur on or before July 15, 2012. City's obligation to purchase is subject to City’s approval of title and testing, including environmental assessment. The remaining funds ($10,000) authorized to be expended for the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund is made available for payment of environmental assessment expenses and closing costs. In the Resolution, City Council finds and determines that this project meets and complies with the intent and purpose of the criteria and standards established by Ordinances No. 6381, 7583 and 7836 and will create employment opportunities justifying the expenditure of these funds from the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund. FINANCIAL IMPACT $131,650 will be transferred, obligated and expended for the purchase of the real property out of the 1992-2016 Sales and Use Tax Capital Improvement Projects Fund. 5/23/2012 CONTRACT TO BUY AND SELL REAL ESTATE THIS CONTRACT TO BUY AND SELL REAL ESTATE ( "Contract ") is made and entered into as of June 11, 2012 (the "Effective Date ") by and between Scanio Family, LTD, a Texas limited partnership (the "Seller ") and Pueblo, a Municipal Corporation (the "Buyer "). Buyer and Seller are sometimes referred to herein as a "Party" and, collectively, as the "Parties." Recitals A. Seller is the owner of certain unimproved real property located within Pueblo County, Colorado, and more particularly described as: Parcels 1 and 2 described in attached Exhibit A hereto, which is incorporated herein by reference. ( the "Property "). B. Buyer is desirous of purchasing the Property from Seller upon the terms set forth hereinafter. C. Seller is willing to sell the Property to Buyer upon the terms and conditions hereinafter set forth. Agreement NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, Seller and Buyer agree as follows: 1. Sale and Purchase. Seller agrees to sell and Buyer agrees to purchase the Property, together with all tenements, hereditaments, appurtenances, interests, rights, benefits, easements and improvements thereunto belong or appertaining, all of which are and shall constitute part of the Property as defined herein, on the terms and conditions set forth in this Contract. 2. Purchase Price and Terms. The Purchase Price for the Property shall be payable as follows: (a) $10.00 as Earnest Money payable within ten (10) days of execution hereof; (b) $ 121,640.00 payable on Closing Date (as defined in Paragraph 5 below); (The Purchase Price is based upon $3,000 per acre for Parcel 1 (approximately 17.85 acres) and $6,000 per acre for Parcel 2 (approximately 11.35 acres)) 1 All amounts paid by Buyer shall be cash, electronic transfer funds, certified check, or cashier's check. The Earnest Money shall be credited against the Purchase Price at Closing, provided, that if the sale and purchase contemplated herein does not close for any reason other than a default by Buyer hereunder, the Earnest Money shall be returned by Seller to Buyer free and clear from any and all claims Seller may have. 3. Evidence of Title. (a) Title Commitment and Policy. Within ten (10) days after Seller's receipt of the Survey, Seller shall order and obtain, at Seller's expense, a current commitment for extended coverage title insurance in the amount of the Purchase Price, together with legible copies of all documents listed as exceptions therein, and a current certificate of taxes due with respect to the Property, from a title company selected by Seller authorized to issue title insurance in the state of Colorado (the "Title Company "), on the current standard form of extended ALTA Owners Policy (collectively, the "Title Commitment "). The Title Company shall promptly provide copies of any amendments or modifications of the Title Commitment to Buyer. At Closing or as soon as reasonably practicable after Closing, the Title Company shall issue and deliver to Buyer the owner's title insurance policy referred to above (the "Title Policy "), issued by the Title Company insuring Buyer's title to the Property consistent with the Title Commitment, providing "gap" coverage, deleting the standard exceptions, endorsing over arbitration and creditors' rights exceptions, if necessary, and subject only to taxes and assessments for the year of Closing and subsequent years, and the other matters approved by Buyer in accordance with subparagraph (c) below and any encumbrances upon the Property caused by Buyer (the "Permitted Exceptions "). At Closing, Seller shall pay the premium for the Title Policy. Buyer may obtain such other endorsements to the Title Policy as Buyer desires, at the expense of Buyer, except for endorsements obtained at Seller's cost, as provided in subparagraph (b) below. Seller shall provide such affidavits or certificates as may be required by the Title Company to remove all liens, including, without limitation, mechanics' or materialmen's liens, as exceptions to the Title Policy. (b) Survey. Within twenty (20) days of the Effective Date, Seller shall obtain and deliver, at Seller's expense, to the Title Company and to Buyer, a boundary and improvements survey plat containing the description of the Property and location of all improvements and encroachments thereon, including but not limited to any improvements, fence locations and easements (whether visible or recorded), rights of way (whether visible or recorded) and roadways adjacent to the Property, in a form sufficient to enable the Title Company to issue the Title Policy in compliance with this Paragraph 3, certified to Buyer, Seller, and the Title Company (the "Survey "). (c) Title Defects and Objections. Buyer will have twenty (20) days from the date of receipt of the Title Commitment and Survey, whichever shall last occur, to notify Seller in writing of any objections to any items identified in the Title Commitment or on the Survey, or of any other objections as to title matters. Seller will have until fifteen (15) days after receipt of Buyer's written objections ( "Seller's Cure Period ") to elect, at its reasonable discretion, to cure all items to which 2 Buyer has objected, cause such items to be modified in a manner which is reasonably satisfactory to Buyer or to advise Buyer that Seller does not intend to cure such items. Alternatively, within the Seller's Cure Period, Seller at Seller's cost may elect to obtain one or more endorsements to the Title Commitment, in a form reasonably acceptable to Buyer, providing title insurance protection with regard to any objections raised by Buyer. If Seller fails to cure to the satisfaction of Buyer any written objection by Buyer of which Seller has been given notice in accordance with this subparagraph (c), or elects not to cure, then Buyer may elect, as its sole remedy to either (i) waive the objection by written notice to Seller within ten (10) days after expiration of Seller's Cure Period and proceed to Closing as herein provided, or (ii) terminate this Contract by written notice to Seller, in which case the Earnest Money will be promptly returned to Buyer and the Parties will be released from all obligations hereunder, except for any obligations that expressly survive the termination of this Contract. Buyer will have ten (10) business days after receipt of any amendment or update to the Title Commitment or Survey to object to any changes in the same fashion as objections to the initial Title Commitment or Survey under this subparagraph (c). Anything above to the contrary notwithstanding, Seller shall be obligated to, and shall cause all financing, mortgage, judgment and tax liens to be removed as title exceptions prior to or concurrently with Closing. 4. Inspection. Commencing on the Effective Date and continuing during the term of this Contract until the first to occur of the Closing Date or termination of this Contract, Buyer, its agents, consultants and employees, shall have the right to enter and access the Property at reasonable times for the purpose of making such inspections, studies, tests and investigations ( "Testing ") as Buyer may elect and which it deems necessary to determine the suitability of the Property for Buyer's intended use. All such Testing shall be performed by Buyer or its agents or employees at Buyer's sole cost and expense. Buyer shall indemnify, defend and hold Seller and the Property harmless from and against any and all direct costs, liabilities, claims, demands, actions and expenses arising from or in connection with such Testing and, in the event Buyer does not close on the purchase of the Property, Buyer shall repair any damage to the Property or improvements thereon caused by such Testing. This indemnification shall not be deemed to apply to costs, liabilities, claims, demands, actions or expenses arising from Seller's negligent acts or omissions or any pre- existing condition (including, without limitation, environmental conditions) within the Property. If Buyer is not satisfied with the physical condition of the Property, Buyer may terminate this Contract by written notice given to Seller at least five (5) days prior to Closing Date. 5. Date of Closing. The closing of Buyer's purchase of the Property ( "Closing ") shall take place on or before July 15, 2012. The date of Closing ( "Closing Date ") and the hour and place of Closing shall be mutually agreed upon by the Parties, but in no event later than July 15, 2012. 6. Transfer of Title. Subject to payment of the Purchase Price, compliance by Buyer with the other terms and provisions hereof, and the occurrence or waiver by Buyer of the Conditions Precedent to Closing defined and described in Paragraph 7, Seller shall execute and deliver to Buyer at Closing a General Warranty Deed conveying marketable fee simple title to the Property to Buyer free of financing, mortgage, judgment and tax liens, subject only to the Permitted Exceptions which shall include all matters shown on the Title Commitment accepted by Buyer. 3 7. Additional Conditions Precedent to Closing. The sale and purchase contemplated by this Contract is contingent upon occurrence of all of the following prior to Closing Date (collectively, the "Conditions Precedent to Closing "): (a) City Council of Buyer, as its governing body, approving this Contract on or before Closing. (b) Funds for the payment of the Purchase Price have been duly appropriated by Buyer's governing body in accordance with law and a sufficient unencumbered balance thereof exists sufficient for payment of the Purchase Price stated above. (c) The results of inspection and testing do not indicate any conditions which are deemed unacceptable to Buyer, in Buyer's sole and absolute discretion. In the event any of the Conditions Precedent to Closing are not satisfied on or before five (5) days before the Closing Date, Buyer may by notice given to Seller not less than least five (5) days prior to Closing Date (i) waive any or all of the above conditions in writing delivered to Seller and close the sale and purchase of the Property, or (ii) elect to terminate this Contract, in which event the Earnest Money shall be returned to Buyer and each party will be released from all obligations under this Contract. 8. Closing Costs, Documents and Services. Buyer and Seller shall sign and complete all customary or required documents at or before Closing. Fees for real estate closing services, if any, shall be paid at Closing, one -half by Buyer and one -half by Seller. 9. Prorations. General taxes and assessments for the year of Closing, if any (which shall be based on the taxes for the calendar year immediately preceding Closing), water, sewer, utility charges and other usual and customary items shall be prorated between Seller and Buyer as of the Closing Date. 10. Possession. Possession of the Property shall be delivered to Buyer by Seller on Closing Date. 11. Time of Essence/Default and Remedies. Time is of the essence hereof. If any obligation is not performed there shall be the following remedies: (a) If Buyer is in Default: In the event Buyer defaults in the performance of its obligations hereunder, Seller's sole remedy shall be to (i) terminate this Contract and retain the entire amount of the Earnest Money as liquidated damages and in lieu of all other remedies it may pursue, or(ii) treat this Contract as being in full force and effect and to obtain specific performance, but not any damages. (b) If Seller is in Default: In the event Seller defaults in the performance of its 4 • obligations hereunder, Buyer shall have the right to (i) terminate this Contract by written notice to Seller and obtain the return of the Earnest Money, or (ii) treat this Contract as being in full force and effect and to obtain specific performance, but not any damages. (c) Costs and Attorneys' Fees. Anything to the contrary herein notwithstanding, in the event of any action or litigation arising out of this Contract, the court shall award to the prevailing party all reasonable costs and expenses, including reasonable attorneys' fees. Exclusive venue and jurisdiction for any such litigation shall be in the District Court in and for Pueblo County, Colorado. The provisions of this subparagraph (c) shall survive Closing or termination of this Contract. 12. Representations and Warranties of Seller. The Seller represents and warrants to Buyer as follows: (a) Seller has full power, capacity and authority to execute and deliver this Contract and all other documents required to be executed and delivered by Seller under this Contract and to perform its obligations hereunder. (b) This Contract has been, duly authorized, executed and delivered by Seller and constitutes the legal, valid and binding obligation of Seller, enforceable against Seller in accordance with its terms. (c) Seller is not a party to any judicial, administrative, arbitration or other similar proceedings relating in any manner to the Property or to Seller's interest therein or that may detrimentally affect Seller's ability to perform its obligations under this Contract or the ability of persons who acquire portions of the Property to develop, own or operate the Property. Seller has not received notice of (and to Seller's knowledge there is no basis for) any pending or threatened claims, actions, suits or other proceedings of the nature described in the immediately preceding sentence, nor are any such claims, actions, suits or other proceedings contemplated by Seller. (d) To Seller's knowledge, there are no violations of laws, rules, regulations, ordinances, codes, covenants, conditions, restrictions, instructions or agreements applicable to the Property. Seller has not received notice from any governmental or other agency or any other person with respect to any such violations concerning the Property. (e) There are no contracts or other obligations outstanding for the sale, lease or transfer of all or any part of the Property. (f) None of the Property is included in the U.S. Department of Agriculture Conservation Reserve Program. (g) There is no default, nor has any event occurred which, with the passage of time, the giving of notice or both, would constitute a default under any agreement, contract, mortgage, deed of trust or other instrument which relates to Seller or the Property or which affects 5 the Property in any manner. (h) To Seller's knowledge (i) the Property is and at all time has been in compliance with all applicable state and federal environmental laws, regulations, ordinances, rules and orders (collectively, "Environmental Laws "); (ii) there are no pending or threatened judicial or administrative proceedings of any kind with respect to the Property alleging the violation or potential violation of any Environmental Law nor are there any pending or threatened investigations of any matters relating to any Environmental Laws with respect to the Property; (iii) there has been no release or threatened release of any hazardous, toxic or otherwise regulated substance, waste, contaminant or material (collectively "Hazardous Materials "), as such terms are defined in any applicable Environmental Law, on, in or at the Property, or any part thereof; (iv) no portion of the Property has been used as a dump site, a storage site for solid wastes or the location of above ground or underground fuel or storage tanks; and (v) no Hazardous Materials are currently present on or have at any time been stored or used on the Property, except for fertilizers and pesticides used in strict accordance with package instructions and all applicable Environmental Laws. Seller shall indemnify and hold Buyer harmless and defend Buyer from any loss, liability or expense, including reasonable attorneys' fees, incurred by Buyer, or any claim made against Buyer, by reason of Seller's breach of any of the foregoing representations or warranties. The provisions of this Paragraph 12 shall survive closing. 13. Representations and Warranties of Buyer. Buyer represents, warrants and covenants as follows: (a) Buyer has full power, capacity and authority to execute and deliver this Contract and all other documents required to be executed and delivered by Buyer under this Contract and to perform its obligations hereunder. (b) Subject to approval by Buyer's City Council, this Contract will have been duly authorized, executed and delivered by Buyer and constitutes the legal, valid and binding obligation of Buyer, enforceable against Buyer in accordance with its terms. 14. Seller Covenants. Commencing on the Effective Date and until the first to occur of Closing or termination of this Contract, Seller shall not (a) lease, sell, convey or further encumber any portion of the Property, (b) consent to any zoning or other change affecting the use of the Property, except for those requested or approved by Buyer, or (c) cause any other changes which affect the condition of Seller's title to the Property or otherwise adversely impact the condition of the Property or Buyer's intended use thereof. 15. Notices. Any notice required or permitted to be given or delivered under this Contract shall be in writing and shall be given by personal delivery, or by the United States Postal Service, by registered or certified mail, postage prepaid, or reputable national overnight courier service: 6 • (a) If to Seller, addressed to: City Manager City of Pueblo 1 City Hall Place Pueblo, Colorado 81003 Telephone No. (719)553 -2655 with a copy to: Thomas J. Florczak City Attorney 503 N. Main, Suite 203 Pueblo, Colorado 81003 Telephone No. (719) 562 -3899 (b) If to Buyer, addressed to: Scanio Family, LTD c /o: C. Don Reed 101 North Shoreline, Suite 600 Corpus Christi, TX 78401 with a copy to: Donald J. Banner 115 E. Riverwalk, Suite 400 Pueblo, CO 81003 or to such other address or person as any party may from time to time specify in a writing delivered to the other party in the manner provided in this paragraph. Any notice shall be deemed delivered on the day on which personal delivery is effected or three (3) days after deposit in the mail in the case of registered or certified mail, and one (1) business day in the case of overnight courier. 16. Assignment. This Contract and the rights granted to Buyer hereunder may be assigned by Buyer with Seller's consent, provided, such consent shall not be unreasonably withheld, conditioned or delayed. Except as so restricted, this Contract shall inure to the benefit of and be binding upon the Parties and their respective successors and assigns. 17. Modification. No subsequent modification of any of the terms of this Contract shall be valid or binding upon the Parties or enforceable unless made in writing and signed by the Parties. 18. Entire Contract. This Contract constitutes the entire contract and agreement between the Parties relating to the subject matter hereof, and any prior statements, representations or agreements pertaining thereto, whether oral or written, have been merged and integrated into this Contract. 7 19. Captions. The captions in this Contract are inserted for convenience of reference only and in no way define, describe or limit the scope or intent of this Contract or any of the provisions hereof. 20. Validity. If any provision of this Contract shall be held to be invalid or unenforceable, the same shall not affect in any respect whatsoever the validity or enforceability of the remainder of this Contract. 21. Broker. (a) Except as stated in Paragraph 21(b), Buyer and Seller represent and warrant to the other than no broker or finder has been engaged by such Party in connection with this transaction. Seller agrees to indemnify, defend and hold Buyer harmless from and against any and all claims, loss, liability, costs and expenses (including reasonable attorneys' fees), resulting from any claims that may be made against Buyer by any broker or other person claiming a commission, fee or other compensation by reason of the transaction contemplated hereby if the same shall arise by, through or on account of Seller. Buyer agrees to indemnify, defend and hold Seller harmless from and against any and all claims, loss, liability, costs and expenses (including reasonable attorneys' fees), resulting from any claims that may be made against Seller by any broker (other than Broker) or other person claiming a commission, fee or other compensation by reason of the transaction contemplated hereby if the same shall arise by, through or on account of Buyer. (b) Seller has an agreement with Ed Robinson, a licensed Colorado Real Estate Broker, as Broker for sale of the Property, and shall be solely responsible for payment of any compensation due or payable thereunder, if any, to Broker arising from this Contract to Buy and Sell Real Estate. 22. Applicable Law. This Contract will be construed and enforced in accordance with the laws of the State of Colorado (without giving effect to its choice of law principles). 23. Interpretation. Whenever the context so requires, the singular number shall include the plural and the plural the singular, and the use of any gender shall include all genders. 24. Survival of Representations. The representations, warranties, covenants and agreements of Buyer and Seller in this Contract are and shall be construed to be covenants running with the Property, shall survive the Closing of the transaction contemplated hereby and recordation of the General Warranty Deed, may be enforced by either Buyer or Seller after Closing Date, and shall not be merged or be deemed to be merged into the General Warranty Deed. 25. Third Parties. Buyer and Seller and their respective successors and permitted assigns are the only parties to this Contract and are the only parties entitled to enforce this Contract. Nothing contained in this Contract nor any provision hereof is intended to give or shall be construed to give or confer, directly or indirectly, or otherwise, upon any third party any right, remedy or benefit hereunder. 26. Counterparts and Facsimile Signatures. This Contract may be executed in multiple counterparts, which taken together shall be deemed one original. 8 27. Exclusivity. In consideration of the time and resources which the Buyer will devote to the transactions contemplated herein, Seller agrees that until Closing or the earlier termination of this Contract, Seller will not, directly or indirectly, solicit, initiate or enter into discussions or transactions with, or encourage, or provide any information to, any individual, entity or group (other than to Buyer and Buyer's designees) concerning any sale or lease of the Property or any similar transaction or alternative. The provisions of this Paragraph shall not be construed to prohibit Seller or Buyer from discussing the transaction contemplated herein with their attorneys or other consultants. IN WITNESS WHEREOF, the parties have signed this Contract as of June 11 , 2012, effective as of the Effective Date. BUYER: SELLER: PUEBLO, SCANIO FAMILY, LTD, A MUNICIPAL CORPORATION A TEXAS LIMITED PARTNERSHIP B ` /u Aga 1, - . By: The Scanio Family GP, LLC, General ' reside of e , ity • a; - - "` ► ' °to Partner i 4 4t 4 i Ft U Y' , � Marion Roo e Scanio, Manager 0 „.............0. , S o OMMRd° an \ \ C/ a" Attest: ' `' vu 9 City m , lerk ,rr C. Don Reed, Manager Approved as to form: City Attorn --;14(4/1-- 9 • EXHIBIT "A" 10 EXHIBIT A LAND DESCRIPTION PARCEL 1 NORTH All of Parcel A in St. Charles Industrial Park, Filing No. 1 and a parcel of land located in a portion of the E '/1 of Section 36, 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 North line of Lot 1, Block 1 in St. Charles Industrial Park, Filing No. 1 to bear N. 88°25'10" W. and all bearings contained herein being relative thereto. Commencing at the Northwest corner of Lot 1, Block 1 in St Charles Industrial Park, Filing No. 1 according to the recorded plat thereof as filed for record in the office of the Pueblo County Clerk and Recorder said point also being on the South line of the E % of Section 36, Township 21 South, Range 65 West and also being the Southeast corner of Parcel A in said St Charles Industrial Park, Filing No. 1; thence N. 88°25'10" W., along the South line of the E %: of said Section 36 and the South line of said Parcel A, a distance of 125.04 feet; thence N. 03 °00'08" E., a distance of 5493.08 feet to a point on the North line of the E %: of said Section 36; thence S. 89 °19'24" E., along the North line of the E %: of said Section 36, a distance of 125.10 feet; thence S. 03 °00'08" W., a distance fo 5495.06 feet to the Point of Beginning. Containing 15.77 acres, more or less. I, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. ` ` u n uiligb 4/. oPSToeo 1 ,12933 i -� <q 4 ,s to - 1 >' O SUR . c Ni y'q r� ' O C O . 'I +rrure H n t David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. May 10, 2012 JN 08 045 02 Page 1 of 2 . . E x I, ..„ 1. ......, '. " . r.,1 1 5 2 8 5 9 . ' 1 1 0 9:24 ' "E .. - .... . , ,,, r A ............ ...___ }.„.. ..../... ,/, ,....* .,„... ... 1 _ f .......,. . .. '.. „,..„ GRAPHIC SCAL 100 goo , 1 - ' 1 800 0 • . ,,, .. . • r:-.:' 4 ) En; ',', .11E,,, ing''' 1 ''.1EMll I 'INCH = BO() FRET .,:,.t.`1 200 1. 0 i: ' .../ — 1 '; ;, ., , t , I • 10e, 00 ,' Ir. f , ., . .. , .• LEGEND .,, . 4 , i, , , ,..—.— --- ' .. 4 e FOLINE) NO. 4 REBAR WITII YELLOW 125 00' CAI CAP L.S I2933 p g=---,:. Z..•• :z ,:, 1 1 BASIS OF BEARINGS NORTH LINE OF Lear t,' BLOCK 1. IN ST. CHARLES IND& STRIAL PARK, FILING NO. 1: BEARS N. 882510" W ". • ',- N ,86`59'52"W 125 00' 4 ... q I: ... . . . , - I., . . 1 wo • 4 ‘,. h .i,' . :---1 .•,....-- f ,„,,, • ........ , • : : . r i I W R ...' .:; T S ., ,, pAR CHARLES INDUSTRIAL . m.---.7r.,-. A ••• r , z.: ! , cz, , . ..f: FILING Na 1, I t .... ti;: PARCEL A , N8825'10"W .... 04' . 1.1.17 i , f 125 t „,, ., I f'' P 0 11 r ...,.',0, ..• .! . . . 4 ..::-; P 88"25'10 tcv)(13: . R , -$ OF OF.ARIAIGS . . ' E - , ; s.. tv. !I.!. ''' ...':. 4: 1 _ , ti 1 1 tr.; :',.;,' — ; 1 I A , 4. :„..! ! 44 4. ,- ..,*,••". ' e .: '. !...:1iikt?1,..1.'....: f R. iv h .. ".....;;.. , I.:J:14. :4 :vr...... , 11... .---: -....-, ..., - I E .r. 14.1.fv;.; t..1./. 2, D i ../..,.; ,. (.10*, • • • . i ■ R R. 4 LAND ' 4 titi.X :, :,•.: THIS EXHIBIT Is/AS NOT PREPARED AS A MONUMENTED • B L sv a - vry, AN D WAS DiVLY PREPARED TO orr irr JN 08 048 02 . . 1 , . ._. Alt 1{1■I' mb , 114 : Y: NOR G SUR O THE ATTACHED DESCRIPTION, PAGE OF 2 EXHIBIT A LAND DESCRIPTION PARCEL 1 SOUTH A parcel of land located in a portion of the SE 'A of Section 1, Township 22 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 South line of the SE 'A of Section 1, Township 22 South, Range 65 West to bear N. 88 °38'07" W. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of Section 1, Township 22 South, Range 65 West; thence N. 40 °04'53" W., a distance of 3471.51 feet to a point on the North line of the SE 'A of said Section 1 and the Point of Beginning; thence S. 03 °00'08" W., a distance of 719.51 feet to a point on the Northerly Right of Way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records; thence S. 85 °59'00" W., along the Northerly Right of Way line of said Lime Road, a distance of 125.94 feet to a point on the Easterly Right of Way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence N. 03 °00'08" E., along the Easterly Right of Way line of the said Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), a distance of 731.56 feet to a point on the North line of the SE 'A of said Section 1; thence S. 88 °31'41" E., along the North line of the SE 'A of said Section 1, a distance of 125.04 feet to the Point of Beginning. Containing 2.08 acres, more or less. I, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. ���P�p M. St '*. p 0 osTEi 9 ' ) .12933 ip.= l �; "o suRs, nv. v• ,- • Nvmmisinou David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. May 10, 2012 JN 08 045 02 Page 1 of 2 A .• ... . . ,.. f l iff11E3' I 1 I ; se r ri.R' fdt i' /„/, :,-._, tt. s F.11 11 s a f ^R I, � ►": I 2 - .00' } , r.. A i ,p 10o.ov' 58831 "E 1 125.04' , i — - — _ '1 —., —,— 4.___ 1 . i .' . 6. . • : S GRAPHIC SCALE I 40� '' 4 0 200 400 'R 1 ; .7: ;'• `l y .. .� ' CHy ? E 125Oa Il iiil = � }� t Gr+ ,...„ .._ a ,,,- .,...! , ,,,,....,.. t. : © ' p, S8539'00 W o < , . 125:94' S 4: ( 1 t • 1 4. \ 1 r \ =S > *. .,r . !..ti FOUND NO ,5 REBAR W1TH , 2 1/2" DIAME�`�ER ': ! ALUMINUM CAP, L.S. 10895 s' FOUND Na "6 REBAR I,t4TH •3 1/4" DIAMETER 1;: . ALUMINUM CAP_ R: L, S 31161 \ ' il x.. F. rr, \ , BASIS Or artiaRtivqs SOUTH LINE or ` " THE' SOUTHEAST 1/4, SECTION 1, TOWNSHIP' 22 SOUTH, RANGE 65 WEST OF THE \ 1 I' 6TH P.M BEARS N. 88:38'07" W. P ' A 1 'R ,F: P --- -- A •N8 "W- (BASIS OP BEARINGS . •2857.84 R a E' r D ,! ,r_ : Y t -+ % , s •. � t NOTE , , ,.: B INC HIS EXHISFT WAS NOT PREPAR$O AS A AIO IuMENTEO' Y: NOR'THSTAR ENGINEERING AND SURVEYING„ INC. LAND T EY, AND YYAS GAILY PREPARED �O, O(PtcT DIE ATTAGl1$D LAhtO OE$CRtPTION. JN 08 045 02 PAGE 2 OF 2 • EXHIBIT A LAND DESCRIPTION PARCEL 2 NORTH A parcel of land located in a portion of the SE 'A of' Section 1, Township 22 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 South line of the SE 'A of Section 1, Township 22 South, Range 65 West to bear N. 88 °38'07" W. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of Section 1, Township 22 South, Range 65 West; thence N. 27 °12'53" W., a distance of 2961.34 feet to a point on the Northerly line of the SE 'A of said Section 1 and the Point of Beginning said point also being on the Northwesterly Right of Way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records; thence along the Northwesterly Right of Way of said Lime Road the following three (3) courses: 1 S. 41 °45'01" W. a distance of 661.08 feet; 2. Southwesterly along the arc of a curve to the right whose radius is 595.00 feet, a distance of 459.35 feet; 3. S. 85 °59'00" W. a distance of 76.36 feet; thence N. 03 °00'08" E., a distance of 719.51 feet to a point on the North line of the SE 'A of said Section 1; thence S. 88 °31'41" E., along the North line of the SE 'A of said Section 1, a distance of 881.21 feet to the Point of Beginning. Containing 9.41 acres, more or less. I, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. pQ' , ►ST oo • ,12933 David M. Stravia OF C0V Colorado P.L.S. 12933 " '/►/► ►x NorthStar Engineering and Surveying, Inc. May 10, 2012 JN 08 045 02 Page 1 of 2 . . . ,..: . ... f ..,4 .. , . 1 t J "r?Z r , t . .F: . Y.1re. A v 1 F11.1. !4..I. 3 .20006' 1 10 4 S88 37'41 "E 881 lo Tf3 3� lw $' ` E' k x 61 tt�9 d` � $ �� v � r 1 a 1 c 8 t ` ° ` .0 GFtAPH1C SCALE Y � s ���s :: h 4 400 200 4( µ b +�ew, �l 1;> Y. Z �R R 3 ti ' n+� .,,,. , ' 7 "•„'" ha r a '"'off , ., �.2p; r .w 1 INCH =, 400. FEAT x t 1" R =595, ■ fi.0 ' • L;�r'sF a. (J =4¢'X3 "59 =" =•59.,:35 I .7\ ? F 1 i. ` , .: . S85,5 W ` .; . •i ,�. 76 :36` t 4l :,'.1.1,Y I „ , , S t. /+ /y/��(. ' / !. . „ fit . }F LEl, ,,,. . a , .. / \'t ci; 3 \ s:: FOUND' NO. 5 REBAR W1TH 2 1/2” DIAMETER ,i! S Nv AEUM/NUM CAP, L.S. 10895 '' FOUND NO. 6 REBAR 144TH 3 1/4" " DIAMETER I 1 ALUMINUM CAP, : R: L. S. 31161 Il if,: OASIS Op BEARINGS SOUTH 'LINE OF THE SOUTHEAST 1 1/4 SEC ION 1,: TOWNSHIP 22 SOUTH, RANGE 65 WEST OF T HE' i I . 6TH P.M. , BEARS N. 88'38'07" W. F \ 1 R P: t. � \ P •NM. "M: , (4ASFS OF BEARINGS ....� ... :2657.84_..._,.._.._ R, ^� '-, , . -., D ' ' EXHIBIT WAS NOT PREPAREO AS A !VANUNENTED LAND Sui?vrY AND WAS ONLY PREPARED TO DePler Y NORTHSTAIV ENGINEERING AND SURVEYING, INC. 1NE AtrACHED LAND'DESCRPAtlN, JN 08 045 02 PAGE 2 OF 2 r . EXHIBIT A LAND DESCRIPTION PARCEL 2 SOUTH A parcel of land located in a portion of the SE Vs of Section 1, Township 22 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 South line of the SE 1/4 of Section 1, Township 22 South, Range 65 West to bear N. 88 °38'07" W. and all bearings contained herein being relative thereto. Commencing at the Southeast corner of Section 1, Township 22 South, Range 65 West; thence N. 59 °32'44" W., a distance of 2813.02 feet to the Point of Beginning said point being on the Northerly Right of Way line of existing Lime Road as presently located and also being on the Easterly Right of Way line of the Burlington Northern & Santa Fe Railroad (Line Segment No. 0477); thence N. 03 °00'08" E., along the Easterly Right of Way line of the said Burlington Northern & Santa Fe Railroad (Line Segment No. 0477), a distance of 392.89 feet to a point on the Southerly Right of Way line of Lime Road as recorded at Reception No. 1797037 in the Pueblo County records; thence N. 85 °59'00" E., along the Southerly Right of Way line of said Lime Road, a distance of 215.84 feet; thence continuing along the Southerly Right of Way line of said Lime Road along the arc of a curve to the left whose radius is 705.00 feet, a distance of 206.31 feet to a point on the Northwesterly Right of Way line of existing Lime Road as presently located; thence S. 41 °29'00" W., along the Northwesterly Right of Way line of said existing Lime Road, a distance of 518.96 feet; thence continuing along the Northwesterly Right of Way line of said existing Lime Road along the arc of a curve to the right whose radius is 224.77 feet, a distance of 113.36 feet to the Point of Beginning. Containing 1.94 acres, more or less. I, David M. Stravia, being a licensed Professional Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, were prepared under my responsible char and are accurate to the best of my knowledge, information and belief. 41, 00 M. Si. Q 0,G1STEft NI ,12933 yi * <,' 5104, David M. Stravia Colorado P.L.S. 12933 NorthStar Engineering and Surveying, Inc. May 10, 2012 JN 08 045 02 Page 1 of 2 ' . 11::ll 11 .1/4..,.. - - 1 -''' .41' / •-•;" CliAjin f:z: litani.,7-TR/A4, , Psit?K: ••• '. , • ..c. . - , I's- ' FILIIK, M. J. ta: .OT L • Bi./.1CP:' 1 I I , 209. 00 li til /- • .., ....... - I 1 00' ) ' A , / [ , , , --4. ,,,, ... _..._ ____._ „ .., , ..,...3.....t. /.:., i , .... u, GRAPIIIC SCALE i . 400, 0 200 4 10C1 1 1 .4. ..4 ' Or) I INCH = 400 FEET t , ,,.e. . i ,9* 0e LEGEND JOY- f';'''' ,FOUND Na 5 , 665',46: WITH 2 1/2" DIAMETER ',,..• - -- ' 1:',W - 'W ALUMINUM' CAP: 1..5. 10805 1 /-‘. - Pf FCXIND Na 6 REAR TN 3 1/4" DIAMETER' „ ',•?, (cv -P Ty ':•"' ‘,../ ALCIMINUIN CAP. It •S. 3 1 1 , - • , /..., I :t ,: R=224.77 i,....... I , i -'''. ' ,L.47 l ' ...i. 1 .:. .4. -. ...,,.._ . - . ...,0„ "■... ' - Ice. • t ,-,...:: ,........ 1 . .. k ' ...t 8AS'IS: Dr, BEARINGS 4: 4. ''...... -1 fz, SMITH utie apTIIE SOUTHEAST 1/4, SED770N: 1, TOWNSHIP 22 '-,.....' spoTH. RANGE 65 WEST OF :THE ....„, I$t ci.! 6TH' P.M. BEARS N. 88J807” W ...... I , ,... P ....... R ......, '(BASS' 4F BEARINGS)- . . . . . .265z84! _ . . . . . R , :i ,..' -, ' ,..... A,- 1 ' I 11. 8 1 i ..,:, .... I - . 0 1 a . b 71 .. , WIZ B THIS EXHIBIT WAS NOT PREPARED AS A 140NUAIENTE0 1 1 -.. CARD SURVEY, ANO WAS ,OIVLY PREPARE0 L' 1 Alt ENGINEERING AND SUltVEYING, INC. THE AITACHED LAND DE,SCRIPTION. TO DEPICT -:‘,_.;-',- ,IN 08 045 02 PAGE 2 OF 2 Reception 1913071 07/17/2012 11:04:06 AM Warranty Deed Date: July 13, 2012 $ 12.17 (Pursuant to 38-30 -113 C.R.S.) THIS DEED made on July 13, 2012 by SCANIO FAMILY, LTD., A TEXAS LIMITED PARTNERSHIP Grantor(s), of the County of / and State of TEXAS for the consideration of ($121,650.00) * ** One Hundred Twenty One Thousand Six Hundred Fifty and 00 /100 * ** dollars in hand paid, hereby sells and conveys to PUEBLO, A MUNICIPAL CORPORATION Grantee(s), whose street address is 200 S. MAIN ST PUEBLO, CO 81003, County of PUEBLO, and State of COLORADO, the following real property in the County of Pueblo, and State of Colorado, to wit: SEE ATTACHED "EXHIBIT A ", INCORPORATED HEREIN BY REFERENCE also known by street and number as: with all its appurtenances and warrants the title to the same, subject to general taxes for the year 2012 and those specific Exceptions described by reference to recorded documents as reflected in the Tittle Documents accepted by Grantee(s) in accordance with (Section 3(c) of the Contract to Buy and Sell Real Estate, between Grantor and Grantee, relating to the above described real property; and other NONE SCANIO FAMILY, LTD., A TEXAS LIMITED PARTNERSHIP By:THE SCANIO FAMILY, GP, LLC, A TEXAS LIMITED LIABILITY COMPANY GENF,RAL PARTNER MARI Q N ROOKE SCANIO, MANAGER C- XPIC C.DON REED, MANAGER State of TEXAS ) ) ss. County of ) The foregoing instrument was acknowledged before me on this day of July 13, 2012 by MARION ROOKE SCANIO AND C.DON REED,MANAGERS FOR THE SCANIO FAMILY, GP, LLC, A TEXAS LIMITED LIABILITY COMPANY, GENERAL PARTNER OF SCANIO FAMILY, LTD., A TEXAS LIMITED PARTNERSHIP grA sk.„, '�� :t a c e , LAVONNE K. SCHLABACH otary Public �� ; ? Notary Public = STATE OF TEXAS My commission expires no? " — 2?0 /5� s,�, •.. _ .:id My Comm. Exp. 02-02-2014 f 4oFM . e When Recorded Return to: PUEBLO, A MUNICIPAL CORPORATION C/O City Attorney 503 N. Main Street, Suite 203 Pueblo, CO 81003 Land Title Form 13004 0112011 wd.udt Warranty Deed (Photographic) PBC35029170 (144879621 w1. "'1"""0111WO EXHIBIT A PARCEL A (PARCEL 1 NORTH): ALL OF PARCEL A IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 AND A PARCEL OF LAND LOCATED IN A PORTION OF THE E 1/2 OF SECTION 36, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF LOT 1, BLOCK 1 IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 TO BEAR N 88 DEGREES 25 MINUTES 10 SECONDS W AND ALL BEARINGS CONTAINED HERIEN BEING RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1 IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 ACCORDING TO THE RECORDED PLAT THEREOF AS FILED FOR RECORD IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDER SAID POINT ALSO BEING ON THE SOUTH LINE OF THE E 1/2 OF SECTION 36, TOWNSHIP 21 SOUTH, RANGE 65 WEST AND ALSO BEING THE SOUTHEAST CORNER OF PARCEL A IN SAID ST. CHARLES INDUSTRIAL PARK, FILING NO. 1; THENCE N 88 DEGREES 25 MINUTES .10 SECONDS W, ALONG THE SOUTH LINE OF THE E 1/2 OF SAID SECTION 36 AND THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 125.04 FEET; THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, A DISTANCE OF 5493.08 FEET TO A POINT ON THE NORTH LINE OF THE E 1/2 OF SAID SECTION 36; THENCE S 89 DEGREES 19 MINUTES 24 SECONDS E, ALONG THE NORTH LINE OF THE E 1/2 OF SAID SECTION 36, A DISTANCE OF 125.10 FEET; THENCE S 03 DEGREES 00 MINUTES 08 SECONDS W, A DISTANCE OF 5495.06 FEET TO THE POINT OF BEGINNING. PARCEL B (PARCEL 1 SOUTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES 38 MINUTES 07 SECONDS W AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 40 DEGREES 04 MINUTES 53 SECONDS W, A DISTANCE OF 3471.51 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1 AND THE POINT OF BEGINNING; THENCE S 03 DEGREES 00 MINUTES 08 SECONDS W, A DISTANCE OF 719.51 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1797037 IN THE PUBELO COUNTY RECORDS; THENCE S 85 DEGREES 59 MINUTES 00 SECONDS W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD, A DISTANCE OF 125.94 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477); THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, ALONG THE EASTERLY RIGHT OF WAY LINE OF THE SAID BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477), A DISTANCE OF 731.56 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1; THENCE S 88 DEGREES 31 MINUTES 41. SECONDS E, ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1, A DISTANCE OF 125.04 FEET TO THE POINT OF BEGINNING. PARCEL C (PARCEL 2 NORTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES 38 MINUTES 07 SECONDS W AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 27 DEGREES 12 MINUTES 53 SECONDS W, A DISTANCE OF 2961.34 FEET TO A POINT ON THE NORTHERLY LINE OF THE SE 1/4 OF SAID SECTION 1 AND THE POINT OF BEGINNING SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1.797037 IN THE PUEBLO COUNTY RECORDS; THENCE ALONG THE NORTHWESTERLY RIGHT OF WAY OF SAID LIME ROAD THE FOLLOWING THREE (3) COURSES: 1. S 41 DEGREES 45 MINUTES 01 SECONDS W A DISTANCE OF 661.08 FEET; 2. SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 595.00 FEET, A DISTANCE OF 459.35 FEET; 3. S 85 DEGREES 59 MINUTES 00 SECONDS W A DISTANCE OF 76.36 FEET; THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, A DISTANCE OF 719.51 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1; THENCE S 88 DEGREES 31. MINUTES 41 SECONDS E, ALONG THE NORTH LINE OF THE SE 1/4 OF SAID Form 13084 01/2011 wd.odt Warranty Deed (Photographic) PBC35029170 {14487962} SECTION 1, A DISTANCE OF 881.21 FEET TO THE POINT OF BEGINNING. PARCEL D (PARCEL 2 SOUTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES 38 MINUTES 07 SECONDS W AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 59 DEGREES 32 MINUTES 44 SECONDS W, A DISTANCE OF 2813.02 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF EXISTING LIME ROAD AS PRESENTLY LOCATED AND ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477); THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, ALONG THE EASTERLY RIGHT OF WAY LINE OF THE SAID BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477), A DISTANCE OF 392.89 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1797037 IN THE PUEBLO COUNTY RECORDS; THENCE N 85 DEGREES 59 MINUTES 00 SECONDS E, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD, A DISTANCE OF 215.84 FEET; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 705.00 FEET, A DISTANCE OF 206.31 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF EXISTING LIME ROAD AS PRESENTLY LOCATED; THENCE S 41 DEGREES 29 MINUTES 00 SECONDS W, ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID EXISTING LIME ROAD, A DISTANCE OF 518.96 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID EXISTING LIME ROAD ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 224.77 FEET, A DISTANCE OF 113.36 FEET TO THE POINT OF BEGINNING. Form 13084 01/2011 wd.odt Warranty Deed (Photographic) PBC35029170 {14487962} 1913071 Page 1 of 4 07/17/2012 11:04:06 AM 1111111111111111111111 III I III III REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39- 14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration he returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price; whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. Confidentiality: The assessor' is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers SEE ATTACHED "EXHIBIT A" 2. a of Property purchased: n Single Family Residential n Townhome n Condominium 1 I Multi -Unit Res Commercial ❑ Industrial U Agricultural I I Mixed Use I X I Vacant Land IiOther 3. Date of Closing: July 13, 2012 Date of Contract if different than date of dosing: 06 /11/12 4. Total sale price: Including all real and personal property. $121,650.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. Yes I X I No If yes, approximate value $ Describe: 6. Did the total sales price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the � oods or services as of the date of closing. I Yes I X I No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? n Yes [X ] No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. I X I Yes I I No If no, interest purchased: 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same family, business affiliates, or affiliated corporations. ___ Yes I X No 9. Check any of the following tha ply to the condition of the improvements at the time of purchase: U New n Excellent I 1Good r I Average I Fair L I Poor 1 - 1 Salva If the property is financed, please complete the following: 10. Total amount financed; N/A 11. e of financing: (Check all that apply) New Assumed U Seller 1 I Thinl Party 1 Combination; Explain _ Form 13199 06/2008 rpt.odt PBC35029170 {14487964} pg 1. of 4 111101 111 111 REAL PROPERTY TRANSFER DECLARATION - (TD -1000) GENERAL INFORMATION Purpose: The Real Property Transfer Declaration provides essential information to the county assessor to help ensure fair and uniform assessments for all property for property tax purposes. Refer to 39 -14- 102(4), Colorado Revised Statutes (C.R.S.). Requirements: All conveyance documents (deeds) subject to the documentary fee submitted to the county clerk and recorder for recordation must be accompanied by a Real Property Transfer Declaration. This declaration must be completed and signed by the grantor (seller) or grantee (buyer). Refer to 39- 14- 102(1)(a), C.R.S. Penalty for Noncompliance: Whenever a Real Property Transfer Declaration does not accompany the deed, the clerk and recorder notifies the county assessor who will send a notice to the buyer requesting that the declaration be returned within thirty days after the notice is mailed. If the completed Real Property Transfer Declaration is not returned to the county assessor within the 30 days of notice, the assessor may impose a penalty of $25.00 or .025% (.00025) of the sales price, whichever is greater. This penalty may be imposed for any subsequent year that the buyer fails to submit the declaration until the property is sold. Refer to 39- 14- 102(1)(b), C.R.S. Confidentiality: The assessor is required to make the Real Property Transfer Declaration available for inspection to the buyer. However, it is only available to the seller if the seller filed the declaration. Information derived from the Real Property Transfer Declaration is available to any taxpayer or any agent of such taxpayer subject to confidentiality requirements as provided by law. 39 -5- 121.5, C.R.S. and 39- 13- 102(5)(c), C.R.S. 1. Address and/or legal description of the real property sold: Please do not use P.O. Box numbers SEE ATTACHED "EXHIBIT A" 2. `1,2e of Property purchased: Sin le Family Residential Townhome Condominium Multi -Unit Res Commercial Industrial n Agricultural Mixed Use © Vacant Land nOther 3. Date of Closing: July 13, 2012 Date of Contract if different than date of closing: 06/11/12 4. Total sale price: Including all real and personal property. $121,650.00 5. Was any personal property included in the transaction? Personal property would include, but not limited to, carpeting, draperies, free standing appliances, equipment, inventory, furniture. If the personal property is not listed, the entire purchase price will be assumed to be for the real property as per 39 -13 -102, C.R.S. Yes LX 1 No If yes, approximate value $ _ Describe: 6. Did the total sales price include a trade or exchange of additional real or personal property? If yes, give the approximate value of the 1 Dods or services as of the date of closing. n Yes X No If yes, value $ If yes, does this transaction involve a trade under IRS Code Section 1031? Yes X No 7. Was 100% interest in the real property purchased? Mark "no" if only a partial interest is being purchased. X Yes No If no, interest purchased: 8. Is this a transaction among related parties? Indicate whether the buyer or seller are related. Related parties include persons within the same famil , business affiliates, or affiliated corporations. Yes 1 1 No 9. Check any of the following that apply to the condition of the improvements at the time of purchase: New Excellent 1 Good Average Fair Poor I I Salvage If the property is financed, please complete the following: 10. Total amount financed: N/A 11. T e of financing: (Check all that apply) I 1 New Assumed L IS eller Third Party Combination; Explain Fonn 13199 06/2008 rpt.odt PBC35029170 {14487964} pg 1 of 4 l2,. Terms: 410 Variable; Starting interest rate % Fixed; Interest rate Length of time years _ Balloon Payment LI Yes 71 No If yes, amount Due Date 13. Please explain any special terms, seller concessions, or financing and any other information that would help the assessor understand the terms of sale. THIS IS NOT A COMMERCIALLY REASONABLE SALE FOR VALUATION PURPOSES For properties other than residential (Residential is defined as: single family detached, townhomes, apartments, and condominiums) please complete questions 14 -16 if applicable. Otherwise, skip to #17 to complete. 14. Did the purchase price include a franchise or license fee? Yes X No If yes, franchise or license fee value? 15. Did the purchase price involve an installment land contract? Yes X No If yes, date of contract: 16. If this was a vacant land sale, was an on -site inspection of the property conducted by the buyer prior to the closing? X Yes No Remarks: Please include any additional information concerning the sale you may feel is important. 17. Signed on this day of July 13, 2012 Have at least one of the parties to the transaction sign the document, and include an address and a daytime phone number. Signature of Grantee (Buyer) X or Grantor (Seller) PUEBLO, A MUNICIPAL CORPORATION i teb THOMAS J. FLO C K, ITY A RNEY 18. All future correspondence (tax bills, property valuations, etc.) regarding this property should be mailed to: PUEBLO, A MUNICIPAL CORPORATION CIO City Attorney 503 N. Main Street, Suite 203 Pueblo, CO 81003 Phone: Form 13199 06/2008 rpt.odt PBC35029170 {14487964} pg 2 of 4 • EXHIBIT A PARCEL A (PARCEL 1 NORTH): ALL OF PARCEL A IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 AND A PARCEL OF LAND LOCATED IN A PORTION OF THE E 1/2 OF SECTION 36, TOWNSHIP 21 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE NORTH LINE OF LOT 1, BLOCK 1 IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 TO BEAR N 88 DEGREES 25 MINUTES 10 SECONDS W AND ALL BEARINGS CONTAINED HERIEN BEING RELATIVE THERETO. COMMENCING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 1 IN ST. CHARLES INDUSTRIAL PARK, FILING NO. 1 ACCORDING TO THE RECORDED PLAT THEREOF AS FILED FOR RECORD IN THE OFFICE OF THE PUEBLO COUNTY CLERK AND RECORDER SAID POINT ALSO BEING ON THE SOUTH LINE OF THE E 1/2 OF SECTION 36, TOWNSHIP 21 SOUTH, RANGE 65 WEST AND ALSO BEING THE SOUTHEAST CORNER OF PARCEL A IN SAID ST. CHARLES INDUSTRIAL PARK, FILING NO. 1; THENCE N 88 DEGREES 25 MINUTES 10 SECONDS W, ALONG THE SOUTH LINE OF THE E 1/2 OF SAID SECTION 36 AND THE SOUTH LINE OF SAID PARCEL A, A DISTANCE OF 125.04 FEET; THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, A DISTANCE OF 5493.08 FEET TO A POINT ON THE NORTH LINE OF THE E 1/2 OF SAID SECTION 36; THENCE S 89 DEGREES 19 MINUTES 24 SECONDS E, ALONG THE NORTH LINE OF THE E 1/2 OF SAID SECTION 36, A DISTANCE OF 125.10 FEET; THENCE S 03 DEGREES 00 MINUTES 08 SECONDS W, A DISTANCE OF 5495.06 FEET TO THE POINT OF BEGINNING. PARCEL B (PARCEL 1 SOUTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES 38 MINUTES 07 SECONDS W AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 40 DEGREES 04 MINUTES 53 SECONDS W, A DISTANCE OF 3471.51 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1 AND THE POINT OF BEGINNING; THENCE S 03 DEGREES 00 MINUTES 08 SECONDS W, A DISTANCE OF 719.51 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1797037 IN THE PUBELO COUNTY RECORDS; THENCE S 85 DEGREES 59 MINUTES 00 SECONDS W, ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD, A DISTANCE OF 125.94 FEET TO A POINT ON THE EASTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477); THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, ALONG THE EASTERLY RIGHT OF WAY LINE OF THE SAID BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477), A DISTANCE OF 731.56 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1; THENCE S 88 DEGREES 31 MINUTES 41 SECONDS E, ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1, A DISTANCE OF 125.04 FEET TO THE POINT OF BEGINNING. PARCEL C (PARCEL 2 NORTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES 38 MINUTES 07 SECONDS W AND ALL BEARINGS CONTAINED HEREIN BEING RELATIVE THERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 27 DEGREES 12 MINUTES 53 SECONDS W, A DISTANCE OF 2961.34 FEET TO A POINT ON THE NORTHERLY LINE OF THE SE 1/4 OF SAID SECTION 1 AND THE POINT OF BEGINNING SAID POINT ALSO BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1797037 IN THE PUEBLO COUNTY RECORDS; THENCE ALONG THE NORTHWESTERLY RIGHT OF WAY OF SAID LIME ROAD THE FOLLOWING THREE (3) COURSES: 1. S 41 DEGREES 45 MINUTES 01 SECONDS W A DISTANCE OF 661.08 FEET; 2. SOUTHWESTERLY ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 595.00 FEET, A DISTANCE OF 459.35 FEET; 3. S 85 DEGREES 59 MINUTES 00 SECONDS W A DISTANCE OF 76.36 FEET; THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, A DISTANCE OF 719.51 FEET TO A POINT ON THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1; THENCE S 88 DEGREES 31 MINUTES 41 SECONDS E, ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 1, A DISTANCE OF 881.21 FEET TO THE POINT OF BEGINNING. PARCEL D (PARCEL 2 SOUTH): A PARCEL OF LAND LOCATED IN A PORTION OF THE SE 1/4 OFSECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST OF THE 6TH P.M. IN THE COUNTY OF PUEBLO AND STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: CONSIDERING THE SOUTH LINE OF THE SE 1/4 OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST TO BEAR N 88 DEGREES Form 13199 06/2008 rpt.odt PBC35029170 (14487964} pg 3 of 4 • 38 07 SECONDS W AND ALL B INGS CONTAINED HEREIN BEING RELATI 3ERETO. COMMENCING AT THE SOUTHEAST CORNER OF SECTION 1, TOWNSHIP 22 SOUTH, RANGE 65 WEST; THENCE N 59 DEGREES 32 MINUTES 44 SECONDS W, A DISTANCE OF 2813.02 FEET TO THE POINT OF BEGINNING SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF EXISTING LIME ROAD AS PRESENTLY LOCATED AND ALSO BEING ON THE EASTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477); THENCE N 03 DEGREES 00 MINUTES 08 SECONDS E, ALONG THE EASTERLY RIGHT OF WAY LINE OF THE SAID BURLINGTON NORTHERN & SANTA FE RAILROAD (LINE SEGMENT NO. 0477), A DISTANCE OF 392.89 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF LIME ROAD AS RECORDED AT RECEPTION NO. 1797037 IN THE PUEBLO COUNTY RECORDS; THENCE N 85 DEGREES 59 MINUTES 00 SECONDS E, ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD, A DISTANCE OF 215.84 FEET; THENCE CONTINUING ALONG THE SOUTHERLY RIGHT OF WAY LINE OF SAID LIME ROAD ALONG THE ARC OF A CURVE TO THE LEFT WHOSE RADIUS IS 705.00 FEET, A DISTANCE OF 206.31 FEET TO A POINT ON THE NORTHWESTERLY RIGHT OF WAY LINE OF EXISTING LIME ROAD AS PRESENTLY LOCATED; THENCE S 41 DEGREES 29 MINUTES 00 SECONDS W, ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID EXISTING LIME ROAD, A DISTANCE OF 518.96 FEET; THENCE CONTINUING ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID EXISTING LIME ROAD ALONG THE ARC OF A CURVE TO THE RIGHT WHOSE RADIUS IS 224.77 FEET, A DISTANCE OF 113.36 FEET TO THE POINT OF BEGINNING. Form 13199 06/2008 rpt.odt PBC35029170 {14487964} pg 4 of 4