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RESOLUTION NO. 13604
A RESOLUTION APPROVING A CONTRACT TO SELL AND
PURCHASE REAL ESTATE AND A SPECIAL WARRANTY DEED
BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND C
STREET, LLC RELATING TO THE SALE OF A PARCEL OF LAND
AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO
EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract to Sell and Purchase Real Estate and Special Warranty Deed, date February
13, 2017 between the City and C Street LLC, copies of which are attached hereto and
incorporated herein by the reference, having been approved as to form by the City Attorney, and
are hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute and deliver the Contract
to Sell and Purchase Real Estate and the Special Warranty Deed in the name of the City of Pueblo
and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
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 the attached contract/agreement to effectuate the
transactions described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED February 13, 2017
BY: Ed Brown
City Clerk’s Office Item # M-4
Background Paper Proposed
Resolution
COUNCIL MEETING DATE: FEBRUARY 13, 2017
TO: President Stephen G. Nawrocki and Members of City Council
CC: Sam Azad, City Manager
VIA: Gina Dutcher, City Clerk
FROM: Earl Wilkinson, P.E., Director of Public Works
:
SUBJECTA RESOLUTION APPROVING A CONTRACT TO SELL AND PURCHASE REAL
ESTATE AND A SPECIAL WARRANTY DEED BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND C STREET, LLC RELATING TO THE SALE
OF A PARCEL OF LAND AND AUTHORIZING THE PRESIDENT OF CITY
COUNCIL TO EXECUTE SAME
SUMMARY:
Attached is a Resolution approving and authorizing the President of City Council to sign a Contract
to Sell and Purchase Real Estate (“Contract”) and a Special Warranty Deed (“Deed”) with C
Street, LLC. The Contract authorizes the sale of Parcel No. 536300011 to facilitate the
development of additional off street parking and access between C Street and the City owned
parking lot to the southwest of said parcel.
PREVIOUS COUNCIL ACTION:
None
BACKGROUND:
Proposals for the sale of vacant land, Parcel No. 536300011 (shown below), were accepted under
Request for Proposals Project 17-006. The most responsive and only submittal has offered to
purchase said parcel for the sum of $1.00 and other valuable consideration to include the granting
a public access easement in perpetuity over said parcel and the development of additional off
street parking to further facilitate development of the property at 310 W. C Street.
The City was deeded the property in 2007 from the Rio Grand Yard LLC (Pueblo Railway
Foundation) for the purposes of constructing an alley between C Street and the City owned
parking area to the southwest; however, the cost of the project simply outweighs the benefits. The
private development of this parcel fulfills the original intent at no cost to the City.
STAKEHOLDER PROCESS:
Project 17-006, Request for Proposals for Property Sale of Vacant Land on Lamkin Street, Parcel
No. 536300011 Pueblo, Colorado were opened on January 24, 2017 at 2:00 PM. C Street, LLC
was the only responder to the RFP.
ALTERNATIVES:
Reject the Contract to sell Parcel No. 536300011 - City would retain ownership and land will sit
as is until there are sufficient funds and need to construct the alley. Option will eliminate the
development opportunities for the adjacent property owner.
RECOMMENDATION:
Approval
ATTACHMENT:
1. Agreement to Sell and Purchase
2. Special Warranty Deed
3. Access Easement and Right of Way
re: Resoltuion 13604
Reception 2067685
04/17/2017 02:08:07 PM
VEHICULAR ACCESS EASEMENT AND RIGHT OF WAY
(FACILITIES TO BE INSTALLED AND MAINTAINED BY GRANTOR)
THIS EASEMENT, granted this h/ day of if,Q , 2017 by C Street,
LLC, a Colorado limited liability company, 540 E. Abriendo Ave., Pueblo, CO 81004, Grantor,to
Pueblo, a municipal corporation, 1 City Hall Place, Pueblo, CO 81003 Grantee:
WITNESSETH:
THAT IN CONSIDERATION of the sum of one dollar ($1.00) and other good and
valuable consideration, paid by the Grantee, receipt of which is hereby acknowledged, Grantor
hereby grants to Grantee, its successors and assigns, a vehicular access easement and right-of-way
for the purpose of vehicular traffic, in, through, over, under and across Grantor's property situated
in Pueblo County, Colorado described as follows (the "Property"):
The Northerly Twelve Feet (12') of the Southerly Fourteen Feet (14') of Lots 8
thru 16, Block 28, South Pueblo. See attached Exhibit A.
The vehicular access easement and right of way granted hereby, 12 feet in width, shall be
from C Street southwesterly to Pueblo County Assessor Parcel No. 536321009. Said easement and
right of way is hereby granted in perpetuity.
Grantor shall install a paved surface suitable for vehicular traffic in the easement in
accordance with plans and specifications therefor approved by and on file with, Grantee, or plans
approved by an Engineer and thereafter, Grantor shall maintain the facilities in the easement in
good working order and condition, and repair and replace the facilities within the easement.
Grantee shall have the right at its option (but not the obligation) to inspect, control,
maintain,repair and replace the facilities in the easement and recover all costs and expenses thereof
plus an administrative charge of fifteen percent from the Grantor. For such purposes, Grantee is
granted the right to enter upon the easement and adjoining parking area of Grantor. Failure of
Grantee to inspect, control, maintain, repair or replace the facilities in the easement shall not
subject the Grantee to any liability for such failure. Grantor reserves the right to use and occupy
the property for any purpose not inconsistent with the vehicular access easement and right-of-way
granted above.
Grantor warrants to Grantee that Grantor (a) has good and sufficient right and title in and
to the property and full power to grant this easement and right-of-way; and (b) will defend
Grantee's quiet and peaceful possession of the easement and right-of-way against all persons who
may lawfully claim title to the property.
This easement and right-of-way shall be binding upon, and shall inure to the benefit of the
heirs,personal representatives, successors and assigns of the Grantor and Grantee.
v
2067685 EASE 04/17/2017 02:08:07 PM
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Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
• uIII
Signed this y day of .4'4 2017.
GRANTOR:
C Street, LLC
C S/;// , 2/ c
BY: (Signat e)
Via B. dA ams Jr.
/7/4 /2 ,4Z%, s L.
Manager
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The oregoing instrument was duly acknowledged before me this 1-1-h day of
, 2017 by Alva B. Adams, Jr. as Manager of C Street, LLC.
Witness my hand and official seal.
My commission expires: () J I I ,16 •
•
S E A 'BRtENDAARMIJO t�t1vt c-/�,,,III`�,,,'
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID 20124008702
MY COMMISSION EXPIRES 02/14/2020 I
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re: Resolution 13604
Reception 2067686
04/17/2017 02:08:07 PM
SPECIAL WARRANTY DEED
THIS DEED, made this 4i 4 i day of Ar , 2017 between the City
of Pueblo, Colorado, a Colorado municipal corporation whose legal address is 1 City Hall Place,
Pueblo, CO 81003 (hereinafter referred to as "Grantor") and C Street, LLC, a Colorado limited
liability company, 540 E. Abriendo Ave., Pueblo, CO 81004(hereinafter referred to as"Grantee"):
WITNESSESTH, that the Grantor, for and in consideration of the sum of ONE
DOLLAR($1.00),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 confirm, unto the Grantee, its heirs, successors and assigns
forever,all the real property,together with improvements,if any,situate, lying and being in Pueblo
County, State of Colorado, described as:
Southeasterly 14 feet of Lots 8 through 16, Block 28, Town of South Pueblo, Pueblo County,
Colorado and the existing vacated alley adjoining Lots 17 through 25 Block 28, Town of South
Pueblo on the Northwest, more commonly known as being located on the northwesterly side of
311 Lamkin Street, Pueblo, CO 81003 aka Pueblo County Assessor Parcel No. 536300011
for all purposes, together with all and singular the rights, benefits, privileges, easements,
tenements, hereditaments and appurtenances thereto belonging, or in anywise appertaining, and
the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all
the estate,right,title,interest,claim and demand whatsoever of the Grantor,either in law or equity,
of, in and to the above bargained premises, with the hereditaments and appurtenances;
This conveyance is made subject and subordinate to the following encumbrances
and exceptions:
(a) Zoning and subdivision regulations and resolutions of the City of
Pueblo.
(b) Encroachments if any, upon the Property or abutting property.
(c) Any statement of facts an accurate survey may show.
(d) Covenants, reservations, rights of way, easements and restrictions of record,
if any.
GRANTOR RESERVES UNTO ITSELF that certain VEHICLE TRAFFIC
EASEMENT AND RIGHT OF WAY, of even date herewith, attached hereto and incorporated
herein by reference.
TO HAVE AND TO HOLD the said premises, subject to the aforesaid
encumbrances and exceptions, and subject to the aforesaid VEHICLE TRAFFIC EASEMENT
AND RIGHT OF WAY above bargained and described, with the appurtenances, unto the Grantee,
y//
2067686 WD 04/17/2017 02:08:07 PM
Page: 2 of 2 R 18.00 D 0.00 T 18.00
Gilbert Ortiz Clerk/Recorder, Pueblo County, Co
111
its heirs, successors and assigns forever. The Grantor, for itself, its successors and assigns does
covenant and agree that it shall and will WARRANT AND FOREVER DEFEND the above-
bargained premises in the quiet and peaceable possession of the Grantee, its heirs, successors and
assigns, against all and every person or persons claiming the whole or any part thereof,by,through
or under the Grantor.
IN WITNESS WHEREOF, this Special Warranty Deed is executed by Grantor to
be effective the day and year first above written.
GRANTOR:
City of Pueblo 0►z,o.oaf
A Colorado munic'.. . ..oration 04 , E \
u r,44.$
By: ��. y ,,r ,l,
Stephen G. Nawrocki
President of the City Coinciljj
00.14, -ApT!.¢/
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this 144-h day of
A Q , 2017,by Stephen G.Nawrocki, as President of the City Council of the City of
Pueblo, a Colorado municipal corporation.
Witness my official hand and seal.
My Commission Expires: Oa 1 -4 I v`?6
.
CLA_NvwfBRENDA ARMIJO
NOTARY PUBLIC Notary Public
STATE OF COLORADO
NOTARY ID 20124008702
MY COMMISSION EXPIRES 02/14,2020
y�/7