HomeMy WebLinkAbout13940. 13940
RESOLUTION NO
A RESOLUTION APPROVING AN AMENED AGREEMENT FOR
PROFESSIONAL APPRAISAL SERVICES BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND WILLIAMS VALUATION LLC,
RELATING TO THE SANTA FE AVENUE STREETSCAPE AT
CITY CENTER DRIVE PROJECT AND AUTHORIZING THE
PRESIDENT OF CITY COUNCIL TO EXECUTE SAME
WHEREAS, Williams Valuation, LLC has been selected to provide professional appraisal
services for the Santa Fe Avenue Streetscape at City Center Drive Project; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Amended Agreement for Professional Appraisal Services dated April 9, 2018,
between the City of Pueblo, a Municipal Corporation, and Williams Valuation, LLC of which a copy
is attached hereto and on file at the office of the City Clerk, having been approved as to form by
the City Attorney, is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized to execute said Agreement on
behalf of the City of Pueblo, a Municipal Corporation, and the Acting City Clerk shall affix the seal
of the City thereto and attest same.
SECTION 3.
Funds in the amount of $5,750.00 for said professional services shall be paid from Capital
Project PL0804.
SECTION 4.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of the Resolution and Agreement to implement the policies and
procedures described therein.
INTRODUCED: April 9, 2018
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-5
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: April 9, 2018
TO: President Christopher A. Nicoll and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Director of Planning and Community Development
SUBJECT: A RESOLUTION APPROVING AN AMENDED AGREEMENT FOR
PROFESSIONAL APPRAISAL SERVICES BETWEEN PUEBLO, A
MUNICIPAL CORPORATION, AND WILLIAMS VALUATION LLC,
RELATING TO THE SANTA FE AVENUE STREETSCAPE AT CITY
CENTER DRIVE PROJECT AND AUTHORIZING THE PRESIDENT OF
CITY COUNCIL TO EXECUTE SAME
SUMMARY:
An amended agreement is necessary to modify certain terms related to required
professional insurance. The Project includes acquisition of private property for right of
way is needed for public improvements at the southeast corner of Santa Fe Avenue and
City Center Drive. The additional right of way is needed for ADA handicap ramp
compliance as part of the Santa Fe Avenue Streetscape at City Center Drive Project. The
company of Williams Valuation LLC, Certified CDOT Appraiser will be hired to produce
an Eminent Domain – Real Property Appraisal Report.
PREVIOUS COUNCIL ACTION:
The Pueblo City Council approved an Intergovernmental Agreement with CDOT for the
First Street and Santa Fe Avenue Streetscape Project, a CDOT Transportation
Enhancement contract, (STE M086-053 16810) dated August 11, 2008 by Ordinance No.
7870. City Council approved Amendment No. 1 on December 16, 2011. A new contract
replaced the previous contract and amendment in November 14, 2016 by Ordinance No.
9070. Original Agreement for Appraisal Services was approved by City Council on March
26, 2018 by Resolution No. 13931.
BACKGROUND:
An amended agreement is necessary to modify certain terms related to required
professional insurance.The City of Pueblo completed the final streetscape design for the
Santa Fe Avenue Streetscape at City Center Drive Project in December 2017. The design
requires additional right of way for the construction of handicap ramps for ADA
compliance. The City is required to obtain an appraisal for the acquisition of a portion of
private property at the southeast corner at Santa Fe Avenue and City Center Drive.
CDOT has agreed to manage the Federal acquisition process since the right of way will
be part of CDOT right of way. The appraisal is needed within 30 days of the award so
negotiations can be expedited per Federal regulations with the private property owner,
Carl’s Jr. Restaurant.
FINANCIAL IMPLICATIONS:
Funds in the amount of $5,750.00 shall be paid from Capital Project No. PL0804. The
cost of the appraisal will be a sole expense of the City and no participation from CDOT
will be allowed.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
None.
ALTERNATIVES:
Denial of this Resolution will result in the delay and cancellation of the Project.
RECOMMENDATION:
Approve the Resolution.
Attachments: Amended Appraisal Agreement
Property Description
Appraiser Qualifications
PERA Form
AMENDED AGREEMENT FOR APPRAISAL SERVICES
THIS AGREEMENT ("Agreement") is entered into this 9th day of April 2018, by and
between PUEBLO, a Municipal Corporation, hereinafter referred to as the "City," and Williams
Valuation LLC, hereinafter referred to as the "Appraiser."
WITNESSETH THAT:
WHEREAS, Appraiser has submitted its bid with respect to City's March 14, 2018 Invitation
for Bids("IFB")to provide an Eminent Domain—Real Property Appraisal Report for the east corner
of Santa Fe Avenue and City Center Drive for right of way improvements. ("Property"); and
WHEREAS, City desires that the Appraiser furnish the City certain services with respect to
such Property as set forth in the IFB, including an appraisal of the Property; and
WHEREAS, the Appraiser represents that he is fully qualified to perform such services and
will furnish such services personally.
NOW, THEREFORE, the City and the Appraiser, for the consideration and under the
conditions hereinafter set forth, do hereby agree as follows:
ARTICLE 1. Property To Be Appraised. A description of the real property to be appraised is attached
hereto as Exhibit A.
ARTICLE 2. Purpose and Basis or Valuations.
(a) Purpose and Significance of Appraisals. The appraisals to be furnished under this Agreement
are required by the City for its guidance in making fair and impartial determinations of fair market
value consistent with applicable standards and requirements of the Colorado Department of
Transportation("CDOT").Appraisal reports will be reviewed carefully by the City. Accordingly,the
text of each appraisal report must cover all matters germane to the required valuation findings and
must provide a full explanation of the Appraiser's reasoning and his analyses of the evidences of
value, so that a reviewer will be able to follow the Appraiser's analyses and understand how he
reached his valuation conclusions.
Appraisal Standards. The appraisal under this Agreement shall be performed in accordance with
applicable CDOT standards including but not limited to the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970 as amended, and the Uniform Standards of Professional
Appraisal Practice. The appraisal shall be consistent with the concepts of value and the rules on the
admissibility of evidence of value under the eminent domain law of the State of Colorado ("State")
and applicable CDOT standards.
(b) Date of Valuation. The Appraiser's valuation shall be as of a date concurrent with the
preparation of the report unless the City has specified some other date of valuation.
1
ARTICLE 3. Scope of Appraiser's Services. The Appraiser agrees to perform the following services:
(a) Appraise the Property and prepare and deliver to the City, prior to May 11, 2018, two (2)
copies of the appraisal report(s)conforming to the provisions of this Agreement. The Appraiser shall
personally inspect the Property.
(b) If requested by City, testify as an expert witness on behalf of the City in any judicial or
administrative proceeding involving any property appraised under this Agreement. Such services
shall include such reasonable time as may be required for re-inspection of the property, updating the
Appraiser's valuation, participation in pretrial or prehearing conferences with counsel for the City,
and testifying in the judicial or administrative proceeding. The compensation for such services shall
be determined in accordance with Article 6.
(c) Consult with the City and its legal counsel regarding services to be performed by the
Appraiser, at such time(s) as may be mutually convenient for the parties to this Agreement. There
shall be no charge by any party for such consultations.
ARTICLE 4. Contents of Appraisal Reports. The appraisal report to be furnished by the Appraiser
under this Agreement shall contain certain information and the Appraiser's conclusions and opinions,
together with the data and analyses by which they were derived, as set forth below. The appraisal
report shall include the following:
(a) Required information as follows:
(i). List the project number, project code, and the numbered parcels that are the subject of the
appraisal.
(ii). State the total compensation estimate and the effective date of value and include a signed
and dated certification of value and a statement of assumptions and limiting conditions. For
partial acquisitions, show the separate allocation of total compensation for: parts acquired(fee
simple and easement), (+) compensable damages, (-) specific benefits (see 4(a)(xiv) below),
(+)temporary easement value.
(iii). Describe the purpose of the appraisal and the property rights or interests appraised.
Describe scope of work to develop the appraisal.
(iv). The appraisal shall use the jurisdictional definition of "reasonable market value"
described in Colorado Jury Instructions Civil 4th, 36 :3.
(v). Identify the subject property(define larger parcel or affected area parcel;relates to highest
and best use).
(vi). Define and describe the surrounding neighborhood. A regional overview may also be
appropriate.
(vii). Describe and photograph the subject property (land and any affected improvements)
and address pertinent characteristics (land/building size, shape, topography, utilities, access,
2
zoning, condition, functional utility and others as appropriate). Include minimum 5-year
subject sales history and analyze as appropriate.
(viii). Environmental - address any potential or evident contamination or other negative
environmental conditions as appropriate.
(viv). Discuss highest and best use(as vacant,and as improved where appropriate).Appraisal
conclusions must be consistent with highest and best use.
(x). Describe, photograph and discuss comparable land/building sales and rentals. All sales
must be confirmed by principal appraiser with buyer and/or seller (statutory CRS 38-1-118).
Include sale and rental location maps. Apply appropriate market supported dollar or
percentage adjustments, and/or appropriate qualitative adjustments. Cash equivalency must
be considered.Describe and support final value correlation from sales and other data analyzed.
(xi). Project enhancement/influence. Subject value before project- ignore any positive or
negative impact on value caused by the project (other than physical deterioration within the
owner's reasonable control).
(xii). Value the parts taken(fee simple, easement) as part of the larger parcel or affected area
parcel. Describe and photograph fee simple and easement acquisition areas, both land and any
affected improvements. Compensation for improvements is at their contributory value (vs.
replacement). Separately show contributory value estimate for on-premise signs, billboards
and sign sites (typically billboard sites). Include cost estimate to remove/relocate these signs
on site, if legal under CDOT or local regulations.
(xiii). Tenant-owned realty - separately show the estimated contributory value of tenant-
owned realty as part of the property appraised. If required, City will provide a completed
Certified Inventory of Real and Personal Property form to be included in the appraisal.
(xiv). Estimate remainder value before and after the acquisition. The After valuation may
require essentially a complete second appraisal, depending on the nature of the acquisition.
However, often less analysis is required to conclude the remainder property value. Here the
appraiser must consider any positive or negative impact on value to the subject remainder
caused by the project. Damages and/or specific benefits must be supported, and only
compensable damages may be included. Specific benefits are to offset up to 100 percent of
compensable damages to the remainder, and up to 50 percent of the reasonable market value
of the parts taken.
(xv).Temporary easement valuation.This is a land rental concept for temporary land use.This
should follow at the end of the value/compensation estimate process because a temporary
easement is not a taking nor does it permanently affect any part of the property.
(xvi). Include in the report appropriate maps, charts, plans, photographs and similar exhibits
(r.o.w plans, flood and zoning maps, regulations, appraiser qualifications and similar).
3
(b) Additional information as may be requested by City consistent with scope and purpose of
the Appraisal.
ARTICLE 5. Nothing in this Agreement is intended to, or shall be deemed to constitute, a
partnership or joint venture between the parties, or to create any agency or partner relationship
between the parties. Neither party shall hold itself out as a partner, joint venture, agent, or
representative of the other under this Agreement. Appraiser understands and agrees that Appraiser
and Appraiser's employees, agents, servants or other personnel are not employees of the City.
Appraiser shall be solely responsible for payment of salaries, wages, payroll taxes, unemployment
benefits and any other form of compensation or benefit to Appraiser or any of Appraiser's employees,
agents, servants or other personnel performing the service or work or supplying equipment or
materials specified herein, whether it be of a direct or indirect nature. It is expressly understood and
agreed that for such purposes neither Appraiser nor Appraiser's employees, agents, servants,
subcontractors or other personnel shall be entitled to any payroll, insurance, unemployment, worker's
compensation, retirement or any other benefits whatsoever from the City.
ARTICLE 6. Payment. In consideration of the services provided by the Appraiser under this
Agreement, the City agrees to make payments to the Appraiser upon the submission to the City of
properly certified invoices, as follows:
(a) For appraisal reports accepted by the City, and for all other services furnished in accordance
with Article 3, except services furnished in connection with judicial proceedings under Paragraph
3(b), a fee of$5,750.00 which shall constitute full payment to the Appraiser for all of such services
and for all supplies, materials, and equipment used or furnished by the Appraiser and all expenses
incurred by the Appraiser in connection with the performance of such services.
(b) For services furnished by the Appraiser in connection with judicial proceedings as provided
in Paragraph 3(b) including services as an expert witness in such a proceeding, $175.00 per hour or
fraction of an hour actually engaged in performing the services, excluding travel time. All expenses
of the Appraiser, including travel expense and subsistence, shall be borne by the Appraiser.
ARTICLE 7. Agreements of Appraiser. As an inducement to the execution of this Agreement by the
City and in consideration of the agreements to be performed by the City, the Appraiser agrees that:
(a) Qualifications. The Appraiser is a CDOT qualified appraiser and is qualified to perform the
services to be furnished under this Agreement and in accordance with all requirements set forth in the
IFB. Appraiser is permitted by law to perform such services, and all personnel engaged in the work
shall be qualified and so permitted to do the work they perform. Attached as Exhibit B, is a statement
by the Appraiser, certified by the Appraiser to be true and correct, setting forth the Appraiser's
technical qualifications, general appraisal experience, specific experience in appraising properties of
the type involved in this Agreement, the courts in which he has testified as an expert witness, and
other information pertinent to establishing his technical qualifications.
(b) Solicitation of Agreement. The Appraiser has not employed any person to solicit this
Agreement and has not made and will not make any payment or any agreement for the payment of
4
any commission,percentage,brokerage,contingent fee,or other compensation in connection with the
procurement of this Agreement.
(c) Interest of Appraiser and Appraiser's Employees. The Appraiser does not have any interest
(including that of real estate agent or broker), direct or indirect,present or prospective, in any property
described in Article I or in its sale, or any other interest, whether or not in connection with the
property, which would conflict in any manner or degree with the performance of the services and the
submission of impartial reports, and has not employed and will not employ, in connection with the
services to be furnished under this Agreement, any person having any such interest. The Appraiser
and any employees of the Appraiser, so long as they are employed by the Appraiser, will not acquire
any such interests and will not, for their own account or for other than the City, negotiate for any of
the property, perform services in connection with the property, or testify voluntarily as a witness in a
condemnation or other proceeding with respect to the property.
(d) Services To Be Confidential. All services, including reports, opinions, and information,to be
furnished under this Agreement are confidential and shall not be divulged, in whole or in part by
Appraiser, to any person, other than to duly authorized representatives of the City or designated
representatives of CDOT, without prior written approval of the City, except by testimony under oath
in a judicial proceeding or as otherwise required by law. The Appraiser shall take all necessary steps
to ensure that no member of the Appraiser's staff or organization divulges any such information except
as may be required by law.
(e) Assignment. The Appraiser's rights, obligations, and duties under this Agreement shall not
be assigned in whole or in part, but this shall not prohibit the assignment of the proceeds due under
this Agreement to a bank or financial institution. This Agreement may be assigned by the City to any
corporation, or instrumentality having authority to accept the assignment.
(f) Subcontracting. None of the work or services covered by this Agreement shall be
subcontracted without the prior approval of the City.
(g) Records. The Appraiser shall maintain records of all details with respect to the services to be
performed under this Agreement, including one complete copy of the appraisal report and related
notes, for three (3) years after delivering the report.
ARTICLE 8. Changes. The City, by written notice to the Appraiser, may modify the scope or
quantity of services to be furnished under this Agreement. If such changes cause a substantial increase
or decrease in the amount of services to be provided by the Appraiser or in the time required for their
performance so as to amount to a material change in this Agreement, equitable adjustment may be
made in the provisions of this Agreement for payments to the Appraiser or for the time for
performance of the services or for both, and this Agreement shall be modified by written agreement
of the parties accordingly.
ARTICLE 9. Termination of Agreement for Cause. If,through any cause, the Appraiser shall fail to
fulfill in a timely and proper manner his obligations under this Agreement, or if the Appraiser shall
violate any of the provisions of this Agreement, the City may upon written notice to the Appraiser
terminate the right of the Appraiser to proceed under this Agreement or with such part or parts of the
Agreement as to which there has been default, and may hold the Appraiser liable for any damages
5
caused to the City by reason of such default and termination. In the event of such termination, any
completed reports prepared by the Appraiser under this Agreement shall, at the option of the City,
become the City's property and the Appraiser shall be entitled to receive equitable compensation for
any work completed to the satisfaction of the City. The Appraiser, however, shall not thereby be
relieved of liability to the City for damages sustained by the City by reason of any breach of the
Agreement by the Appraiser, and the City may withhold any payments from the Appraiser for the
purpose of setoff until such time as the amount of damages due the City from the Appraiser is
determined.
ARTICLE 10. Interest of Members of City. No officer or employee of the City shall participate in
any decision relative to this Agreement affecting, directly, or indirectly, his or her personal interests.
No officer, agent or employee of the City having any responsibility or function in connection with
this Agreement shall have any private interest, direct or indirect, in this Agreement or the proceeds
of this Agreement.
ARTICLE 11. PERA LIABILITY. The Appraiser shall reimburse the City for the full amount of any
employer contribution required to be paid by the City to the Public Employees' Retirement
Association("PERA")for salary or other compensation paid to a PERA retiree performing contracted
services for the City under this Agreement. The Appraiser shall fill out the questionnaire attached as
Exhibit"C"and submit the completed form to City as part of the signed Agreement.
ARTICLE 12. State-Imposed Mandates Prohibiting Illegal Aliens from Performing Work Under this
Contract.
(a) At or prior to the time for execution of this Agreement (referred to as "Contract" in
this Article 12),the Appraiser(which is referred to as"Contractor" in this Article 12) shall submit to
the Purchasing Agent of the City its certification that it does not knowingly employ or contract with
an illegal alien who will perform work under this Contract and that the Contractor will participate in
either the E-Verify Program" created in Public Law 208, 104th Congress, as amended and expanded
in Public law 156, 108th Congress, as amended, that is administered by the United States Department
of Homeland Security or the "Department Program"established pursuant to section 8-17.5-102(5)(c),
C.R.S.that is administered by the Colorado Department of Labor and Employment in order to confirm
the employment eligibility of all employees who are newly hired for employment to perform work
under this Contract.
(b) Contractor shall not:
(I) Knowingly employ or contract with an illegal alien to perform work under this
Contract;
(II) Enter into a contract with a subcontractor that fails to certify to Contractor that
the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract.
(c) The following state-imposed requirements apply to this Contract:
6
(I) The Contractor shall have confirmed the employment eligibility of all
employees who are newly hired for employment to perform work under this Contract through
participation in either the E-Verify Program or Department Program.
(II) The Contractor is prohibited from using either the E-Verify Program or
Department Program procedures to undertake pre-employment screening of job applicants
while this Contract is being performed.
(III) If the Contractor obtains actual knowledge that a subcontractor performing
work under this Contract knowingly employs or contracts with an illegal alien to perform
work under this Contract, the Contractor shall be required to:
A. Notify the subcontractor and the Purchasing Agent of the City within
three (3) days that the Contractor has actual knowledge that the subcontractor is
employing or contracting with an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(III)A. above the
subcontractor does not stop employing or contracting with the illegal alien;except that
the Contractor shall not terminate the contract with the subcontractor if, during such
three (3) days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
(IV) The Contractor is required to comply with any reasonable request by the
Colorado Department of Labor and Employment (hereinafter referred to as CDLE) made in
the course of an investigation that CDLE is undertaking pursuant to its authority under section
8-17.5-102(5), C.R.S.
(d) Violation of this Section by the Contractor shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Contractor shall be liable for City's
actual and consequential damages.
(e) Nothing in this Section shall be construed as requiring the Contractor to violate any
terms of participation in the E-Verify Program.
ARTICLE 13. Insurance and Indemnity.
(a) Appraiser agrees that it shall procure and will maintain during the term of this
Agreement, such insurance as will protect it from claims under workers' compensation acts, if
applicable,claims for damages because of personal injury including bodily injury, sickness or disease
or death of any of its employees, if applicable.
(b) The minimum insurance coverage which Appraiser shall obtain and keep in force is as
follows:
7
(i) Policy of errors and omissions insurance meeting all applicable requirements
of the State of Colorado including coverage amounts not less than $100,000 coverage per
claim with an aggregate limit of not less than $300,000 per individual.
(iv) Comprehensive Automobile Liability Insurance effective during the period of
the Agreement, and for such additional time as work on the Project is being performed,written
with limits of liability for injury to one person in any single occurrence of not less than
$100,000 and for any injury to two or more persons in any single occurrence of not less than
$300,000. This insurance shall include uninsured/underinsured motorist coverage and shall
protect the Appraiser from any and all claims arising from the use both on and off the pipeline
project site of motor vehicles,including any automobiles,trucks,tractors,backhoes and similar
equipment whether owned, leased, hired or used by Appraiser.
(c) Appraiser agrees to hold harmless, defend and indemnify City from and against any
liability to third parties, arising out of negligent acts or omissions of Appraiser, its employees,
subcontractors and consultants.
IN WITNESS WHEREOF, the City and the Appraiser have executed this Agreement on or as of the
date first above written.
CITY OF PUEB e •� UNICIPAL APPRAISER ,
CORPORAT . / �' �
/ Name: L/ i li/
BZ'' .'° .11 °Pj/ B ,/i9/6/a/44/K3
t.tWopher A.Nicoll, Presi rent of the City Council
Title: 690t//P/
Attest --&-ri CL4 (-)L-1--114-C--
Brenda Armijo,Acting City Clerk'
[SEAL]
BALANCE OF APPROPRIATION EXISTS FOR THIS CONTRACT AND FUNDS ARE AVAILABLE.
Director of Finance
APPROVED AS TO FORM:
>-‘4/1A-'4' '4 ' k<70 r.a-( 1---
City Attorney
8
JR ENGINEERING
EXHIBIT A
RIGHT-OF-WAY ACQUISITION NO.2
DESCRIPTION RW-2
A PARCEL OF LAND BEING A PORTION OF THE PROPERTY DESCRIBED IN THE SPECIAL WARRANTY
DEED RECORDED UNDER RECEPTION NO.205473 IN THE RECORDS OF THE PUEBLO COUNTY
CLERK AND RECORDER,ALSO BEING A PORTION OF LOTS 7 AND 8,BAXTER'S SUBDIVISION
RECORDED IN BOOK 52 AT PAGE 423,LOCATED IN NORTHWEST ONE-QUARTER OF SECTION 31,
TOWNSHIP 20 SOUTH,RANGE 64 WEST OF THE 6T11 PRINCIPAL MERIDIAN,COUNTY OF PUEBLO,
STATE OF COLORADO,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:THE 30'RANGE LINE OF SANTA FE AVENUE AS SHOWN ON THE PUEBLO
CENTER SUBDIVISION, FILING NO.3 RECORDED UNDER RECEPTION NO.
1073035 IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER,
BEING MONUMENTED BY A NAIL AND SHINER STAMPED ILLEGIBLE AT THE
NORTHERLY END AND A PK NAIL AT THE SOUTHERLY END,BEING ASSUMED
TO BEAR N00°00'50"W.
COMMENCING AT THE NORTHERLY END OF THE 30'RANGE LINE OF SANTA FE AVENUE AS SHOWN
ON THE PUEBLO CENTER SUBDIVISION,FILING NO.3 RECORDED UNDER RECEPTION NO. 1073035
IN THE RECORDS OF THE PUEBLO COUNTY CLERK AND RECORDER;
THENCE ON SAID 30'RANGE LINE,S00°00'50"E A DISTANCE OF 59.97 FEET;
THENCE DEPARTING SAID RANGE LINE,N89°59'10"E A DISTANCE OF 70.00 FEET TO THE
SOUTHWESTERLY CORNER OF THE RIGHT-OF-WAY ACQUISITION RECORDED IN BOOK 2156 AT
PAGE 478,SAID CORNER ALSO BEING THE POINT OF BEGINNING;
THENCE ON THE SOUTHERLY LINE OF SAID RIGHT-OF-WAY ACQUISITION,N45°01'41"E A DISTANCE
OF 14.13 FEET,TO THE NORTHEASTERLY CORNER OF SAID RIGHT-OF-WAY ACQUISITION;
THENCE ON THE SOUTHERLY RIGHT-OF-WAY LINE OF CITY CENTER DRIVE,S89°55'49"E A
DISTANCE OF 18.31 FEET;
THENCE DEPARTING SAID RIGHT-OF-WAY LINE THE FOLLOWING TWO(2)COURSES:
1. S00°04'11"W A DISTANCE OF 5.74 FEET;
2. S46°57'24"W A DISTANCE OF 38.72 FEET,TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE
OF SANTA FE AVENUE;
THENCE ON SAID EASTERLY RIGHT-OF-WAY LINE,N00°00'50"W A DISTANCE OF 22.21 FEET,TO THE
POINT OF BEGINNING;
CONTAINING A CALCULATED AREA OF 487 SQUARE FEET OR 0.0112 ACRES.
EXHIBIT ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
PROPERTY DESCRIPTION STATEMENT
I,JARROD ADAMS,A PROFESSIONAL LAND SURVEYOR LICENSED IN THE STATE OF COLORADO,DO
HEREBY STATE THAT THE ABOVE PROPERTY DESCRIPTION AND ATTACHED EXHIBIT WERE
PREPARED UNDER MY RESPONSIBLE CHARGE,AND ON THE BASIS OF MY KNOWLEDGE,
INFORMATION AND BELIEF,ARE CORRECT
JARROD ADAMS,PROFESSIONAL LAND SURVEYOR
COLORADO NO.38252 ,,,-� 38252
FOR AND ON BEHALF OF JR ENGINEERING,LLC f� /2-12 /
7200 S Alton Way.Sue 0410,Cculenniik CO SOf 12
J01-,40-0191•Ian..101-721 9019•www.ircngi nc°ring com
12/12/2017 X:12500000.all\25044001Ward\Le9als\2504400•LX02•ROW.doc SHEET I OF 2
RI-COVERED
. NAIL AND 5t/INLR
STAMPED. ILLEGIBLE
—-If, POINT OF COMMENCEMENT
CITY CENTER DRIVE
(80 R )
/ .1 ,
589'55'49"E
' 18.31'
POINT OF
BEGINNING
•,1,•
N. 500'04'11"W
_
574'
ir
a
x•iN
of°
NO0'00.50"W c,
22.21'
Iii
Z
Z
L ' la
< >LJ
m
¢
t, 111
o
o.1-
VI C‘Vjt in oc--)
05.
'1<
17) Z 0
et LI3
•
;INA, AI • "
"I k
T., T 11 TAC
4//‘ ' eliW IR ENGINEERING
AN!, A W.A..COAOMA
PO,j1CT - 3,14 tst,
41 ItV
Z;
Cdns 03-431-9ffil•wmgenaneargam
Exhibit B
Appraiser Qualifications
Alan L. Williams, MAI
Certification-
Certified General Appraiser,State of Colorado#CG1823. Expires 12/31/2019
Experience-
Williams Valuation, 2008 to present
President, Commercial Appraiser
IJ Hill Appraisal Services,2008
Commercial Appraiser
CB Richard Ellis, Inc, Valuation and Advisory Services,2007 to 2008
Senior Real Estate Analyst
Williams Appraisal, LLC,2001 to 2007
Proprietor;Properties appraised:commercial, industrial, multifamily,farm&ranch
Colorado Realty Reports, Inc., 1997 to 2001
Commercial Appraiser;Properties appraised:commercial, industrial,farm&ranch.
Alan L. Williams Appraisal Service, 1989 to 1997
Proprietor;Properties appraised include commercial, industrial,farm& ranch, residential
Webb& Company, 1985 to 1989
Staff Appraiser;Properties appraised:residential, commercial, industrial,farm&ranch
Education-
University of Southern Colorado-BS, Business Administration, 1988
Appraisal Institute:
All required coursework for the MAI Designation
The Appraiser as an Expert Witness:Preparation and Testimony, 2010
Litigation Appraising:Specialized Topics and Applications, 2010
Condemnation Appraising:Principles&Applications,2010
Various Seminars presented by The Appraisal Institute and others.
Professional Affiliations-
Appraisal Institute MAI Designation
Continuing Education-
Participant in continuing education seminars/courses of the Appraisal Institute.
Current in continuing education requirements for the State of Colorado& the Appraisal Institute.
Clients-
Federal&State Agencies Colorado State& Local Governments
National& Local Banks Individuals&Attorneys
National Mortgage Banking Firms HUD/FHA Approved Multifamily Appraiser
(Partial Client List on Following Page)
A .! LL
Valuation .Appraiser.
For What It's Worth!
Exhibit B
Current Certificate
Y
Alen I.WA r State of Colorado 41/4DOR A
1037 W Donal S.9.Dr Department of Regulatory Agencies 1
Pueblo West,CO 91007
Division of Real Estate V
Board of P. I Estate Appraisers
---)1401fdoLice G.000001823
Appr sor Active
Director:Marcia Waters Exp : 12/312019
For the most up to date information regarding this credential,visit http://dora.colorado.gov/dre
Partial Client List
1st National Bank of Canon City Fellowship Credit Union So. Colo.Economic Development Dist.
1st National Bank-Colorado First National Bank of Fowler HUD Multifamily Lending
1st National Bank of Lamar First National Bank of Las Animas HUD Rent Comparability Studies
1st National Bank of Walsenburg First Republic Bank Colo Housing And Finance Authority
Academy Bank Frontier Bank Colorado Springs Housing Authority
Aegon USA Guaranty Bank& Trust Pueblo Housing Authority
Alpha Realty Advisors Gunnison Bank& Trust Tri County Housing
American Bank of Commerce High Plains Bank Small Business Administration
ANB Bank Interbay Funding Federal Deposit Insurance Corporation
AmFirst Bank Kiowa County National Bank Resolution Trust Corporation
Arcus Private Capital Solutions La Junta State Bank US Marshall
Bankers Bank of the West Legacy Bank USDA Rural Development
Bank One Love Funding Alamosa School District
Bank Midwest Midland Mortgage City of Alamosa
Bank West NBH Holdings City of Lamar
Bank of the West Northland Financial City of Pueblo
California Bank& Trust Pacific Finance Corp Colorado State Parks
Canon National Bank PCV Murcor Colorado Division of Wildlife
Castle Rock Bank Peoples National Bank Colorado Dept.of Transportation
Centennial Bank Holdings Pueblo Bank& Trust Colorado State Land Board
Christian Investors Foundation Peoples Credit Union Fremont County Sanitation
Citizens Bank Parkway Bank& Trust Pueblo West Metro District
Colorado Bank& Trust Pueblo Bank& Trust Pueblo Conservancy District
Colorado East Bank& Trust Premier Mortgage Pueblo County Road& Bridge
Community State Bank State Bank of La Junta Colorado State University-Pueblo
Community Banks of Colorado Sunflower Bank Ch.of Jesus Christ of Latter-Day Saints
Community Banks of So. Colorado US Bank Holy Cross Abbey
EF&A Funding US Property&Appraisal Sutrak USA
Farmland Partners TD Bank,N.A. Neoplan USA
Fifth Third Bank Valley National Bank Flatirons Construction
First Bank Vectra Bank Rocky Mountain Steel Mills
First Community Bank Wachovia Small Business Capital Various Attorneys
First National Bank of Pueblo WMF/Huntoon Paige Private Individuals
First National Bank of Trinidad Zions National Bank Private Entities
h • 4001111016*,
.! it
Valuation Appraiser.
For What ler Worth!
EXHIBIT C
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment, engagement,retention or
other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association
(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of
Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements,is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for
services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole
proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party? Yes
No
If you answered "yes" please state which of the above listed entities (1, 2, or 3) best describes your
business:
(c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such
PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required
to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee
or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under
any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete, sign and return this document to the City of Pueblo may result
in your being denied the privilege of doing business with the City of Pueblo.
Signed ,20
By:
Name:
Title:
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named beneficiary or
cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by blood or adoption to and
including parents,siblings,half-siblings,children,and grandchildren;(3)any person who is a relative of the PERA Retiree by marriage to and
including spouse,spouse's parents,stepparents,stepchildren,stepsiblings,and spouse's siblings;and(4)any person or entity with whom the
PERA Retiree has an agreement to share or otherwise profit from the performance of services for the City of Pueblo by the PERA Retiree other
than the PERA Retiree's regular salary or compensation.
1