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HomeMy WebLinkAbout13604 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 Page: 2 of 3 R 23.00 D 0.00 T 23.00 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 EXHIBIT "A" . i , , „, , , \ "s, .---...—..p.........—, / \ \ / / . \ \ \ i • > //\ ‘ \ \ ./.. \ N / , \ „ N > A \ 4-1 -, <, A ', \ \ \ V \ • \ \ `1 \ • \ \ \ • , \/ / \•\ \ ., .. 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N. \ ' V , • . \ v//A, • ', '.‘ 1 r/\ i' . \ \ ••\ 1 \/ K • ‘' • s. , , .. \ \ • s 4 .< . . .. , , ,\ s, . . . , SCALE: 1 -. 100. , /\ ‘, .\., A • . , • • . . . . , . \<, , • \ \ ,,. , ‘,/,X 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