HomeMy WebLinkAbout14147RESOLUTION NO. 14147
A RESOLUTION APPROVING A CONTRACT TO BUY AND
SELL REAL ESTATE BETWEEN PUEBLO, A MUNICIPAL
CORPORATION AND AMERICAN PROPERTY ENTERPRISES,
LLC, A COLORADO LIMITED LIABILITY COMPANY RELATING
TO .782 ACRES KNOWN AS PARCEL NO. 419400014, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAID CONTRACT AND THE RELATED SPECIAL
WARRANTY DEED
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Contract to Buy and Sell Real Estate dated January 28, 2019 between Pueblo, A
Municipal Corporation and American Property Enterprises, LLC, a Colorado limited liability
company, a copy of which is attached hereto, 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 and deliver the
Contract and Special Warranty Deed in the name of the City and the Acting City Clerk is
authorized and directed to affix the seal of the City thereto and attest same.
SECTION 3.
The officers and staff of the City are authorized and directed to perform any and all acts
consistent with the intent of this Resolution to implement the policies and procedures described
herein.
SECTION 4.
This Resolution shall become effective immediately upon final approval.
INTRODUCED January 28, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-2
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE:
January 28, 2019
TO: President Dennis E. Flores 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 A CONTRACT TO BUY AND SELL REAL
ESTATE BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND
AMERICAN PROPERTY ENTERPRISES, LLC, A COLORADO LIMITED
LIABILITY COMPANY RELATING TO .782 ACRES KNOWN AS PARCEL
NO. 419400014, AND AUTHORIZING THE PRESIDENT OF THE CITY
COUNCIL TO EXECUTE SAID CONTRACT AND THE RELATED
SPECIAL WARRANTY DEED
SUMMARY:
Attached for consideration is a Resolution approving a contract between Pueblo, a
Municipal Corporation (“City”) and American Property Enterprises, LLC relating to the
conveyance by Special Warranty Deed of .782 acres of City-owned property known as
Parcel No. 419400014 pursuant to the terms of the contract.
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
During the City’s review of a proposed development project that is immediately adjacent to
Parcel No. 419400014 owned by the City, it was determined that the City-owned property
was not used or needed for any city services and utility purposes. The City property was
originally acquired for the extension of Iroquois Road southwest to link with Chinook Lane.
Since the property was acquired by the City, the Creekside at Belmont subdivision has been
developed that contains a cul-de-sac road with residential lots platted that eliminates the
ability to extend Iroquois Road. The City Purchasing Department advertised a Request for
Proposals for the “Property Sale of Vacant Land on Jerry Murphy Road, Parcel No.
419400014, Pueblo, Colorado”, Project No. 18-107 on December 19, 2018. The deadline
for proposals was January 4, 2019 and one proposal was received from American Property
Enterprises, LLC. Their proposal was reviewed by the appointed selection committee and
deemed to be acceptable and determined to meet all the requirements that best meets the
needs of the City.
FINANCIAL IMPLICATIONS:
The City will receive $10,001.00 for the sale of the property. The City will not be responsible
for maintaining the property in the future and the property will be subject to property taxes
when it is transferred to a private owner.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If City Council does not approve this Resolution, the City would retain ownership of the
property and decide whether to solicit bids for the property in the future.
RECOMMENDATIONS:
Approval of the Resolution.
Attachments: Agreement to Sell and Purchase
AGREEMENT TO SELL AND PURCHASE
THIS AGREEMENT is made the 28th day of January,2019,between the City of Pueblo, a Colorado
Municipal corporation,hereinafter called the Seller and American Property Enterprises, LLC,a Colorado
limited liability company,hereinafter called the Purchaser.
1. Property Defined. The Seller agrees to sell and convey and the Purchaser agrees to purchase,all
that certain plat, piece,or parcel of vacant land, having the legal description of: A parcel of land situated in the
W'/z of the SE'/4 of Section 19, Township 20 South, Range 64 West of the 6th Principal Meridian, Pueblo
County,Colorado,being more particularly described as follows: Commencing at the Southwest corner of the
NW'/4 of the SE'/4 of Section 19, said corner also being the Southwest corner of a tract of land described in
Book 1307 at Page 378, County of Pueblo records;thence S 89°-02'E. along said tract, a distance of 224.76
feet to the Southeast corner of said tract, said point lying on the Southwesterly line of Lot 20, Block 103,
Belmont 7th Filing,according to the recorded plat thereof;thence S.41°-44'-20" E.,along the Southwesterly
line of said Lot 20, a distance of 9.82 feet to the Southwest corner of said Lot 20; thence N. 53°-34'-30"E.,
along the Southeasterly line of Lot 20, a distance of 125.68 feet to the East corner of said Lot 20, said point
lying on the Southwesterly right-of-way line of Jerry Murphy Road;thence Southeasterly,along the boundary
of said Belmont 7th Filing, 98.42 feet along an arc of a curve to the left whose radius is 1196.3 feet; thence
S. 50°-46'-39"W., a distance of 3.10 feet; thence along the arc of a curve to the right, whose radius is 340
feet, a distance of 238.49 feet; thence N. 89°-02'W., a distance of 168.40 feet to a point on the North-South
Centerline of Section 19; thence N. 1°-37"W., along said centerline a distance of 88.91 feet to the point of
Beginning. Containing 0.782 Acres, (the "Property"). The Property shall be conveyed by Special Warranty
Deed ("Deed") a form of which, marked as Exhibit 1, is attached hereto and incorporated herein by reference.
The Property shall be conveyed subject to the conditions listed in Paragraph 4 of this Agreement.
2. Purchase Price.Purchaser shall pay the total purchase price of Ten Thousand and One Dollars
(U.S. $10,001.00)(the"Purchase Price").
3. Payment of Purchase Price. The Purchase Price shall be payable in full at Closing in cash,
certified funds or immediately available wire transferred funds.
4. The premises are sold and are to be conveyed subject to:
(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.
Purchaser acknowledges that, at Closing, it shall accept the Property subject to those items contained in
subparagraphs (a) through (d) together with other Permitted Exceptions, which provisions shall survive the
Closing and shall not be merged with the Deed.
5. Title Matters. Title to the Real Property shall be merchantable in the Seller and free and clear of
all liens and encumbrances except as is more particularly set forth in Paragraph 4 hereof.
6. Closing Time and Place. Closing of the transaction contemplated hereby ("Closing")shall be
held at the offices of the City Attorney, 1 City Hall Place,3rd Floor, Pueblo,CO 81003.
7. Closing Costs. All costs and expenses incident to this transaction and the Closing thereof shall
be paid by the party incurring same.
8. Leases. Seller warrants that there are no leases to the Property entered into by Seller,which are
currently in force and effect.
9. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS
UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT ANY TIME MADE
ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY
WARRANTIES OR REPRESENTATIONS AS TO HABITABILITY, MERCHANTABILTY,FITNESS FOR
A PARTICULAR PURPOSE, TITLE (OTHER THAN SELLER'S WARRANTY OF TITLE TO BE SET
FORTH IN THE DEED), ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL
CONDITION, UTILITIES, OPERATING HISTORY OR PROJECTIONS, VALUATION,
GOVERNMENTAL APPROVALS, THE COMPLIANCE OF THE PROPERTY WITH GOVERNMENTAL
LAWS, OR ANY OTHER MATTER OR THING REGARDING THE PROPERTY. PURCHASER
ACKNOWLEDGES AND AGREES THAT UPON CLOSING SELLER SHALL SELL AND CONVEY TO
PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL
FAULTS."
10. Seller and Purchaser agree that the provisions of Paragraphs 4 and 9 shall survive Closing and
the recording of the Deed.
11. All understandings and agreements heretofore had between the parties hereto are merged into
this Agreement,which alone fully and completely expresses their agreement,and this Agreement is entered into
after full investigation, neither party relying upon any statement or representation, not embodied in this
Agreement,made by the other.
12. This Agreement may not be changed or terminated orally.
13. The stipulations in this Agreement are to apply to and bind the heirs,executors,administrators,
successors,and assigns of the respective parties.
14. If any provision of this Agreement is determined by a court of competent jurisdiction to be
invalid or unenforceable, the remainder of this Agreement shall nonetheless remain in full force and effect.
15. Applicable Law. THIS AGREEMENT SHALL IN ALL RESPECTS BE GOVERNED BY,
AND CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF COLORADO. SELLER
AND PURCHASER HEREBY IRREVOCABLY SUBMIT TO THE JURISDICTION OF THE DISTRICT
COURT, PUEBLO COUNTY, STATE OF COLORADO IN ANY ACTION OR PROCEEDING ARISING
OUT OF OR RELATING TO THIS AGREEMENT AND HEREBY IRREVOCABLY AGREE THAT ALL
CLAIMS IN RESPECT OF SUCH ACTION OR PROCEEDING SHALL BE HEARD AND DETERMINED
IN THE DISTRICT COURT OF PUEBLO COUNTY, STATE OF COLORADO. PURCHASER AND
SELLER AGREE THAT THE PROVISIONS OF THIS PARAGRAPH 16 SHALL SURVIVE THE CLOSING
OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE RECORDING OF THE
DEED HEREUNDER. TO THE EXTENT PERMITTED BY LAW, PURCHASER AND SELLER WAIVE
THEIR RIGHTS TO A TRIAL BY JURY.
16. The provisions of this Agreement and of the documents to be executed and delivered at Closing
are and will be for the benefit of Seller and Purchaser only and are not for the benefit of any third party, and
accordingly,no third party shall have the right to enforce the provisions of this Agreement or of the documents
to be executed and delivered at Closing.
17. The following schedules or exhibits attached hereto shall be deemed to be an integral part of
this Agreement:
Exhibit 1 -Form of Special Warranty Deed
18. The section headings appearing in this Agreement are for convenience of reference only and
not intended,to any extent and for any purpose,to limit or define the text of any section or any subsection hereof.
19. The parties acknowledge that the parties and their counsel have reviewed and revised this
Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against
the drafting party shall not be employed in the interpretation of this Agreement or any exhibits or amendments
hereto.
20. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver
of any future breach of any such provision or any other provision hereof.
21. Purchaser shall not record this Agreement or any short form memorandum of this Agreement.
Executed at Pueblo,Colorado,the day and year first above written.
SELLER:
CITY OF PUEBLO,CO
A MUNIC AL . RPORATION
/ 1
By: ���%i/ (�
Pres i'ent7 City Council-Dennis E. Flores
ATTESTED BY: _lam+kx,r)(1 (1 ( L/I,NL'0-;{{
Acting City Clerk -Brenda 1, 1rmi j o
PURCHASER:
AMERICAN PROPERTY ENTERPRISES LLC
A COLORADO LIMITED LIABILITY COMPANY
BY:(Signat�i110be'
K., t -co 1 le f 1-i�A G s /7,,
Print Name
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Print Title
STATE OF COLORADO)
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this ,(I day of January, 2019, by
Fier rY L +t ye vim, as Ort igac) P c(1 or of the Purchaser.
Witness my official hand and seal. FLOR E.ONTIVEROS
NOTARY PUBLIC
My Commission Expires: 3 ci c,) STATE OF COLORADO
NOTARY ID 20174010725
MY COMMISSION EXPIRES 03/0912021
Notary Public: .v1
EXHIBIT 1
SPECIAL WARRANTY DEED
THIS DEED,made this 28th day of January,2019 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 American Property Enterprises LLC, a Colorado limited liability company
(hereinafter referred to as"Grantee"):
WITNESSESTH,that the Grantor, for and in consideration of the sum of Ten Thousand
and One DOLLARS ($10,001.00), 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:
A parcel of land situated in the W1/2 of the SE'/ of Section 19, Township 20 South, Range 64 West of the
6th Principal Meridian, Pueblo County, Colorado, being more particularly described as follows:
Commencing at the Southwest corner of the NW'/ of the SE'/ of Section 19, said corner also being the
Southwest corner of a tract of land described in Book 1307 at Page 378, County of Pueblo records;thence
S 89°-02'E. along said tract,a distance of 224.76 feet to the Southeast corner of said tract,said point lying
on the Southwesterly line of Lot 20, Block 103, Belmont 7th Filing, according to the recorded plat thereof;
thence S. 41°- 44'-20" E., along the Southwesterly line of said Lot 20, a distance of 9.82 feet to the
Southwest corner of said Lot 20;thence N. 53°-34'-30"E.,along the Southeasterly line of Lot 20,a distance
of 125.68 feet to the East corner of said Lot 20, said point lying on the Southwesterly right-of-way line of
Jerry Murphy Road;thence Southeasterly, along the boundary of said Belmont 7th Filing,98.42 feet along
an arc of a curve to the left whose radius is 1196.3 feet; thence S. 50°-46'-39"W., a distance of 3.10 feet;
thence along the arc of a curve to the right, whose radius is 340 feet, a distance of 238.49 feet; thence N.
89°-02'W.,a distance of 168.40 feet to a point on the North-South Centerline of Section 19; thence N. 1°-
37"W., along said centerline a distance of 88.91 feet to the point of Beginning. Containing 0.782 Acres,
also known as Parcel 419400014 in the records of the Pueblo County Assessor
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.
. �.
TO HAVE AND TO HOLD the said premises, subject to the aforesaid encumbrances and
exceptions, above bargained and described, with the appurtenances, unto the Grantee, 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
A Colorado municipal corporation
By:
Dennis E. Flores
President of City Council
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this 28th day of January, 2019, by
Dennis E. Flores, as President of the City Council of the City of Pueblo,a Colorado municipal corporation.
Witness my official hand and seal.
My Commission Expires:
Notary Public