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HomeMy WebLinkAbout12966 1977974 RES 06/23/2014 02:17:32 PM P age: 1 of 8 R 46.00 D 0.00 T 46.00 G ilbert Ortiz C le r k / Pueblo C oun t y, Co j a ill ° 1 �� : ;1 I ' I' P 61 � � '� � � 111 RESOLUTION NO. 12966 A RESOLUTION APPROVING THE SALE AND PURCHASE OF PROPERTY FROM ROBERTO G. TORRES, APPROVING A PURCHASE AGREEMENT RELATING TO THE LAKE MINNEQUA PARK AND OPEN SPACE AREA, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID PURCHASE AGREEMENT AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council hereby authorizes the purchase of the property described as Lots 9 + 10, BLOCK 6 Sunnyside in accordance with the terms set forth in that certain Purchase Agreement dated May 16, 2014, copies of which are attached hereto, having been approved as to form by the City Attorney. SECTION 2. The Purchase Agreement dated May 16, 2014 for the property described as Lots 9 + 10, BLOCK 6 Sunnyside, a copy of which is attached hereto, is hereby approved. SECTION 3. The President of the City Council is hereby authorized to execute and deliver the aforesaid Purchase Agreement together with all other documents associated therewith in the name of and on behalf of the City of Pueblo, a Municipal Corporation, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 4. Funds in the amount of $5,000 for the property included in the aforesaid Purchase Agreement are available from Project Account No. CP1020. 1977974 RES 06/23/2014 02:17:32 PM Page: 2 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co IIII SECTION 5. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Resolution and to effectuate the transactions described therein. SECTION 6. This Resolution shall become effective immediately upon passage and approval. INTRODUCED: MAY 27, 2014 BY: Steve Nawrocki COUNCIL PERSON APPROVED: J,� /,�, , A i, RESI DENT OF CITY ' ATTESTED BY: A ,,._ QTY CLERK City Clerk’s Office Item # M-1 Background Paper for Proposed R ESOLUTION COUNCIL MEETING DATE: May 27, 2014 TO: President Sandra K. Daff and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Steven Meier, Director of Planning and Community Development SUBJECT: A RESOLUTION APPROVING THE SALE AND PURCHASE OF PROPERTY FROM ROBERTO G. TORRES, APPROVING A PURCHASE AGREEMENT RELATING TO THE LAKE MINNEQUA PARK AND OPEN SPACE AREA, AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAID PURCHASE AGREEMENT AND ALL OTHER DOCUMENTS ASSOCIATED THEREWITH SUMMARY: Attached is a Resolution for City Council consideration authorizing the City of Pueblo to purchase Lots 9 + 10, Block 6 Sunnyside, a private in-holding within the Lake Minnequa Park and Open Space Area for stormwater, parks and recreation, and open space purposes. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Robert Torres was issued a treasurer’s deed for Lots 9 + 10, Block 6 Sunnyside that is an in-holding parcel within the Lake Minnequa Park and Open Space Area. The City was unable to contact the previous owner to purchase the property prior to Pueblo County placing a tax lien on the property (see attached map). The property is located south of Reno Avenue and west of Palmer Avenue adjacent to the sports fields located on the south end of the Lake. The property will be used for stormwater, park, and open space uses. FINANCIAL IMPLICATIONS: The City will be responsible for the maintenance of the property, although there is currently no development or structures on the property. No hazardous materials or dumping have occurred on the property. Funds in the amount of $5,000 for the property included in the aforesaid Purchase Agreement are available from Project Account No. CP1020 to purchase the property. BOARD/COMMISSION RECOMMENDATION: Not Applicable. STAKEHOLDER PROCESS: Not Applicable. ALTERNATIVES: If City Council does not approve the purchase, the property will remain in private ownership and existing stormwater and park improvements are likely to impact the ability for this property to be developed in the future. RECOMMENDATION: Approval of the Resolution. Attachments: Purchase Agreement Property Map -- t i ' • j I I .,. •I �su. r 0 (' 1 I �r� ��t f u � g' ., .JI .. • 4, it F 0 .. iv* fir. �- 4 ,, ..'. -'.. rillir . ' . n H Q F- lAote. . --as iiis ! 7 .1 0/../ 1 . 3/ in 40, _ :, aloi i . :: 1 , :: ,:..„ : :., .. „., , , ,, ,i1 „. :Iii i 1 2 -,4-, b i i. :5s ^, r W .�� ` 1,- .r fa . � d �iOHS3�Ib1 w � ! .., - L.. o 0 1 s i 6 t 1 , I °� (� Ur 4� , , _ .. z ....4 t Ki co pr if • %,,, : : c44 4 °#'' ' .*- CL (ll INN ' ' '' . 'Itt°41111. 2 c t. - 0 la , _ 4,141 solio _ 17" a r uienke t cn Illkli % 22 cp _ ♦1111 Num 4 I!!!ij �° re: Resolution 12966 1977974 RES 06/23/2014 02:17:32 PM Page: 3 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ` III r �o �) I� 1�ir19tiR 1h I II I 3 AGREEMENT FOR SALE AND PURCHASE OF PROPERTY THIS AGREEMENT is made and entered May 27 , 2014 by and between Roberto G. Torres (herein referred to as "Seller ") (name of owner) and the City of Pueblo, a municipal corporation (herein referred to as "Purchaser "). 1. Sale and Purchase. Seller shall sell and convey, and Purchaser shall purchase, the real estate interests indicated in section 2 of this Agreement and described as Lots Nine (9) and Ten (10), Block Six (6) , Sunnyside, located in County of Pueblo, State of Colorado, hereinafter collectively referred to as the "Property." If the Property includes land acquired in fee simple, the Property then also includes all buildings, fixtures and improvements thereon. 2. Real Estate Interests and Purchase Price. The total purchase price to be paid by Purchaser for the Property is allocated as follows: Real Estate Interest Acquired Price (a) Land acquired through quit claim deed $ 5,000.00 (b) Permanent Easements $ N/A (c) Temporary Easements $ N/A TOTAL PURCHASE PRICE $ 5,000.00 3. Payment. Payment of the entire purchase price shall be paid at the time of closing, subject to compliance by Seller with Seller's warranties and representations contained herein. If any component of the purchase price is for land acquired in fee simple under section 2(a) of this Agreement, such component of the purchase price may be allocated to land, building and fixtures as Seller shall determine at time of closing; provided, however, that such allocation must be approved by Purchaser, which approval will not be unreasonably withheld. 4. Liens and Encumbrances. The Property is sold and will be conveyed free of all liens, charges, encumbrances, equities of any nature, rights of parties to or in possession, taxes and assessments, except current year taxes and NO OTHER EXCEPTIONS 5. . _... - ' • - - -- - . .. _..' _. __ •• . _, . •. _ .. _ ' . •• 6. Apportionments. With respect to acquisition of land in-fee -ale, the ad valorem taxes for the year of sale for both real and personal property, water and sewer charges, and other utilities will be apportioned as of the date of closing, and all special assessments, if any, shall be paid in full by Seller. If the closing shall occur before current year taxes are fixed, the apportionment of taxes shall be based upon the prior year mill levy applied to the latest assessed valuation. No apportionment shall occur where the Property consists only of easements. 7. Closing. The date of closing shall be as determined by mutual agreement of Seller and Purchaser but shall be no later than June 30 2014 . The time and place of closing shall be designated by Purchaser. 8. Seller's Representations. Seller represents and warrants: (a) Seller has full power and authority to execute, deliver and perform this Agreement and at closing all acts of Seller necessary and required for such execution, delivery and performance of this Agreement will have been taken. (b) There is not pending or, to the knowledge of Seller, threatened any suit, action or proceedings against or affecting the Seller or the Property before or by any court, arbitrator, administrative agency or other governmental authority that materially and adversely affect the validity, as to the Seller, of any of the transactions contemplated hereby or the ability of the Seller to perform its obligations hereunder or as contemplated hereby. (c) Seller owns and at closing will convey to Purchaser the Property free of all liens, charges, encumbrances, equities of any nature, rights of parties in possession, taxes • and assessments, except current year taxes and those matters otherwise specifically excepted in paragraph 4 hereof. (d) No notice or requests have been received by the Seller from any insurance company issuing any policy of insurance covering the Property requesting the performance of any work with respect to the Property which has not been fully complied with. Any such notices or requests received prior to closing shall be fully complied with by the Seller at its expense prior to closing. (e) To the knowledge of Seller, the Property and its present use do not violate any provision of any applicable building or fire code, federal or state environment or pollution control law, or any other governmental statutes, rules, ordinances, orders, or regulations. Seller does not warrant that, were the improvements to be constructed or reconstructed at the present time, they would comply with current codes and regulations. (f) The buildings and other structures upon the Property, if any, are entirely within the boundary lines of the Property, and there are no encroachments thereon. (g) Purchaser shall not become liable for or obligated to pay any broker's, finder's, consultant's fees or similar fees in connection with the negotiation, execution or consummation of this Agreement. All such fees, if any, shall be paid by Seller. (h) At the time of closing, the Property shall not have been materially or adversely affected in any way as a result of fire, explosion, earthquake, accident, casualty, requisition or other taking of roe by governmental authority, flood, windstorm, riots or acts of God or the public enemy. P P ttY Y g h'> P Y• • (i) Except as otherwise provided herein, if the Property includes land in fee- simple, the Property, buildings, fixtures, equipment and improvements will be conveyed at closing in their condition and state of repair as of the date of this Agreement. (j) Except as otherwise provided herein, neither the Property or the interests of Seller therein is limited or restricted by, or subject to, any of the following: (i) Rights or claims of parties in possession whether or not shown by the public records. (ii) Easements, or claims of easements, whether or not shown by the public records. (iii) Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose whether or not shown by the public records. (iv) Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law whether or not shown by the public records. (v) Taxes due and payable, any tax, special assessments, charge or lien imposed for water or sewer service, except current year general ad valorem taxes. 9. Purchaser's Representations. Purchaser represents and warrants: (a) The Purchaser is a municipal corporation duly organized, existing and in good standing under the laws of the State of Colorado. (b) Subject to the conditions set forth herein, and specifically including the condition set forth in section 27(a) of this Agreement, the Purchaser has full power and authority to execute, deliver and perform this Agreement and at the time of closing all acts of the Purchaser necessary for such execution, delivery and performance of this Agreement will have been taken. 10. Seller's Duty to Perform. Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Seller shall not be obligated to make this sale, transfer and conveyance provided herein to be made by Seller, or otherwise to effectuate Seller's part of the purchase and sale herein provided: (a) The representations and warranties set forth in paragraph 9 herein are, on the date hereof and as of the time of closing, correct, subject to any change permitted herein or any action approved by the Purchaser. (b) The Purchaser has complied with its agreements to be performed herein by it prior to the time of closing. 1977974 RES 06/23/2014 02:17:32 PM Page: 4 of 8 R 46.00 D 0.00 T 46.00 Gilbert Ortiz Clerk/Recorder, Pueblo ������tYCa - IIII 1111 efrI Kti,l N 4 � • 11. Purchaser's Duty to Perform. Time is of the essence hereof and unless, at the time of closing, the following conditions are satisfied, the Purchaser shall not be obligated to pay the consideration as provided for herein or otherwise to effectuate its part of the purchase and sale herein provided: (a) The representations and warranties of the Seller contained herein shall be true in all respects as of the time of closing as though such representations and warranties were then made in exactly the same language and the Seller shall have performed all obligations and complied with all covenants 2 required by this Agreement to be performed or complied with by Seller prior to the closing date. 3 77 (b) The Seller has complied with its agreements herein to be performed by Seller prior am e to the time of closing. v"� � (c) The Purchaser shall have received from the Seller the r•-• a mm - (i) Quit Claim Deed for Property which includes land in-fee-simple; in form �o ^) attached hereto as Exhibit A; and Nm 8 '1W - • m (ii) Pueblo County Treasurer's certificate of personal and real estate taxes and N4 special assessments on the Property. N co a- W N (d) The results of any environmental inspection performed by Purchaser, or any other person, do not indicate a level of contamination of the Property which is deemed unacceptable to Purchaser. m .. 12. Termination. This Agreement may be terminated upon written notice at any time prior to m closing by Purchaser or the Seller if there has been a material misrepresentation or breach of warranty on the part of the other party in representations and warranties set forth in this Agreement. 13. Possession, Liquidated Damages. Possession of the Property shall be delivered by Seller on or before closing. The parties acknowledge that if Purchaser does not obtain possession by this date and time, Purchaser may incur a substantial loss. Consequently, if Seller shall fail or refuse to deliver possession of the Property to Purchaser on or before said date and time, Seller shall be subject to eviction and shall be liable for liquidated damages in the amount of $ N/A per day for each and every calendar day until possession is delivered or obtained. • - - - . . - - -- . . - - ' • - • - , • _ • • • - - - - ' . . - • ' • - • Z . . • - -. . . - - • - , -- • • - -• - - , - • _- - -. . :':•• , -• • - - . . • :, ' • -. ! 15. Environmental Inspection. (a) During the period between the effective date of this Agreement and Purchaser obtaining possession, Seller grants to Purchaser, and to Purchaser's employees, agents, contractors and consultants, the right to enter upon and inspect the Property for the purpose of evaluating and inspecting the Property to determine the existence, presence, and extent of any underground storage tanks, petroleum products, volatile organic compounds, lead, lead based paint, asbestos, and of hazardous substances in, on, or upon the Property, whether located above or below the ground surface or in or upon any building or structure located thereon, in connection with Purchaser's intended acquisition of the Property. In performing its evaluation and inspection of the Property, Purchaser shall have the right, at Purchaser's sole cost and expense, to conduct such studies, inspections, evaluations, audits, environmental assessments, and surveys (hereinafter collectively referred to as "environmental assessments" as Purchaser may deem appropriate. As part of such environmental assessments, Purchaser is authorized to perform or conduct any soil, groundwater, lead or asbestos tests it deems necessary, and to take samples of soil, groundwater, paint and other materials located in or upon the Property. Purchaser is authorized to perform subsurface excavation, bore testing, and drilling.upon the Property and .toestablish one or more groundwater monitoring wells. This right to inspect is not intended, nor should it be construed, to impose upon Purchaser any liability or responsibility whatsoever for any containment, mitigation, remediation, removal, or cleanup with respect to any preexisting condition discovered or revealed by Purchaser's activities pursuant to this instrument; provided, however, that Purchaser shall at its own expense properly dispose of samples of soil, water or other materials removed by Purchaser from the Property, and, in the event Purchaser does not purchase the Property, Purchaser shall reasonably correct or repair any physical damage to the Property directly caused by its activities, including the plugging of bore holes and closure of monitoring wells, if any. (b) Based upon the foregoing inspection, Purchaser may, with the aid of its employees, agents and consultants, prepare an estimate of the reasonable costs of remediating the presence upon the property of any underground storage tanks, petroleum products, volatile organic compounds, lead or other hazardous substances, if any. 16. Singular Includes Plural. If two or more persons constitute the Seller, the word "Seller" shall be construed as if it read "Sellers" whenever the sense of the Agreement so requires. 17. Risk of Loss. The risk of loss or damage to the Property or to tenants or occupants thereof or their property by fire or other casualty is assumed by the Seller until the delivery of possession of the Property to Purchaser. 18. Enforcement. Time is of the essence hereof and this Agreement may be specifically BE enforced. In the event of any litigation arising out of this Agreement, the Court may award to the prevailing party all reasonable costs and expenses, including attorney's fees. - o� 19. Survival of Representations. The respective representations, warranties, covenants and agreements of the parties hereto or any instrument delivered or to be delivered hereunder shall survive the £ m -� time of closing. N Ens ro o 20. Notice. Any notice, request, instruction or other document to be given hereunder by any N� a party hereto to the other shall be in writing and shall be delivered personally or sent by certified mail, mm postage prepaid; if to Purchaser, addressed to City Manager, 200 S. Main Street, Pueblo, Colorado 81003, ao . with a copy to City Attorney at 1 City Hall Place, Third Floor, Pueblo, Colorado 81003, and if to Seller, at Nm Roberto G. Torres, 3506 Lucia Court, Pueblo, CO 81005. N Cr 21. Expenses. Each party hereto shall separately bear its expenses incurred in connection with ���A this Agreement and in connection with all things required to be done by each hereunder, except that costs wN of recording documents, obtaining title insurance, and other incidental costs associated with the purchase 0 � Ism of the property shall be paid by Purchaser. .. r•.°1 rn�= m 22. Entire Understandings. This Agreement is entered into after full investigation, neither party relying upon any statement or representation of the other not contained herein. This Agreement contains the entire understanding of the parties hereto relating to the subject matter herein contained and this Agreement cannot be changed or terminated orally. 23. Governing Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 24. Counterparts. For the convenience of the parties hereto and to facilitate the filing and recording of this Agreement, it may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same Agreement. 25. No Benefit to Third Parties. Nothing herein expressed or implied is intended or shall be construed to confer upon or give any person, firm or corporation, other than the parties hereto, any rights or remedies under or by reason hereof. 26. Authority of Undersigned. The persons signing this Agreement on behalf of Seller represent and warrant that they have the requisite power and authority to enter into, execute and deliver this Agreement on behalf of their respective party and that thereafter upon timely execution by the Purchaser, this Agreement shall be a valid and legally enforceable agreement in accordance with its terms. 27. Conditions; Execution by Purchaser; Multiple Counterparts.(a) This Agreement, though signed by the City manager, is of no effect until and unless approved by the. City Council of Pueblo, a Municipal Corporation. By his signature below, the City Manager states and represents that he will recommend approval of this Agreement to the City Council. • . tho party for whom mado. Upon execution hereof by Seller on or boforo , 201'1, and by tho . • - . • - • - . - : of Purchaser on or boforo , 2014, this Agreement WITNESS THE DUE EXECUTION HEREOF, as of the day and year first above written. - APPROVED BY: City Manager of the City of Pueblo, a Municipal Corporation 1977974 RES 06/23/2014 02:17:32 PM • Page: 7 6.00 D 0.00 T 6.00 Gilber Ort iz 8 Cler / R 4Recordr 4 , Pueblo County, Co • 1111 FOP MiiIliti'iI1I1: IiiinliVAU ayi 11 II 1 SELLER I By / (Signature) , z i~o (Print Name) WeitPrdei /ar /0- � fr % �� { ° , Date: /nf) Y ) acy `,. * , �`4 `, 1 PUPURCHASER �► 1 f r • CITY OF PUEBLO, \, 0111111111111111ild � A MUNICIPAL CORPORATION `\ ATTEST: -� � • By `d l / _A .rJ� Ci erk Pres n t of the City Council m, APPROVED AS TO FORM: Date: o2 T ] " • City Attorney STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this o7 P + day of Va 20 tL by <w bttn , Roberto G. Torres, Grantor. Witness my hand and official seal. BELINDA KIMBALL NOTARY PUBLIC STATE OF COLORADO My commission expires: - . 3 I . NOTARY ID 20094005563 COMMISSION EXPIRES FEB. 23, 2017 9, lulcuA a Notary Public Reception 1977974 06/23/2014 02:17:32 PM EXHIBIT A QUIT CLAIM DEED THIS DEED, made this )-7 day of /I1 7 , 20 between ROBERTO G. TORRES, ( "Grantor "), and the City of Pueblo, a municipal corporation organized and existing under and by virtue of the constitution and laws of the State of Colorado, ( "Grantee ") whose legal address is 200 South Main Street, Pueblo, CO 81003; WITNESSETH, that the Grantor, for and in consideration of the sum of Five Thousand ($5,000.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUIT CLAIM unto the Grantee, its successors and assigns forever, all of the right, title interest, claim and demand that the Grantor have in and to the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of Pueblo and State of Colorado, described as follows: Lots 9 and 10, Block 6, Sunnyside TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity, to the only proper use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever. Documentary Fee: Exempt, sections 39- 13- 104(a) and (b), C.R.S. Consideration Paid: None — Donation. EXECUTED AND DELIVERED on the date set forth above. TI z Roberto G. Torres