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HomeMy WebLinkAbout09601 ORDINANCE NO. 9601 AN ORDINANCE APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MARY ANN LOPEZ AND PEDRO LOPEZ RELATING TO LOTS 13 TO 18 INCLUSIVE, BLOCK 7, KELLY ADDITION KNOWN AS PARCEL NO. 431305006 AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AND THE RELATED QUIT CLAIM DEED BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract to Buy and Sell Real Estate dated November 11, 2019 between Pueblo, A Colorado Municipal Corporation and Mary Ann Lopez and Pedro Lopez, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is hereby authorized to execute and deliver the Contract and Quit Claim Deed in the name of the City and the 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 Ordinance to implement the policies and procedures described herein. SECTION 4. This Ordinance shall become effective immediately upon final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on November 11, 2019. Final adoption of Ordinance by City Council on November 25, 2019 . President of City Council Action by the Mayor: ☒ Approved on November 27, 2019 . □ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-7 BACKGROUND PAPER FOR PROPOSED ORDINANCE COUNCIL MEETING DATE: November 11, 2019 TO: President Dennis E. Flores and Members of City Council CC: Nicholas A. Gradisar, Mayor VIA: Brenda Armijo, City Clerk FROM: Scott Hobson, Acting Director of Planning and Community Development SUBJECT: AN ORDINANCE APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MARY ANN LOPEZ AND PEDRO LOPEZ RELATING TO LOTS 13 TO 18 INCLUSIVE, BLOCK 7, KELLY ADDITION KNOWN AS PARCEL NO. 431305006 AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT AND THE RELATED QUIT CLAIM DEED SUMMARY: Attached for consideration is an Ordinance approving a contract between Pueblo, a Colorado Municipal Corporation (“City”) and Mary Ann Lopez and Pedro Lopez relating to the conveyance by Quit Claim Deed of Lots 13 to 18, Block 7, Kelly Addition City- owned property known as Parcel No. 431305006 pursuant to the terms of the contract. PREVIOUS COUNCIL ACTION: None. BACKGROUND: Mary Ann and Pedro Lopez approached the City about acquiring parcel 431305006 on August 21, 2019. Mary Ann and Pedro own a residence, located at 315 South Bradford, which was constructed on the north-east portion of City-owned parcel 431305006. The Lopez’s are interested in selling the residence; however, they are unable to do so until they own all parcels of land on which the residence was constructed. The Planning and Community Development Department consulted with the Public Works Transportation Division, PACOG Staff, Colorado Department of Transportation and the City Attorneys Office to determine if the parcel was necessary for future City or transportation needs. It was determined that the City-owned parcel is not necessary for City services or future transportation needs. The City made a formal proposal to sell the parcel to the Lopez’s for $1,300. The property was not advertised for a for competitive bid because the Lopez residence is located on the parcel. FINANCIAL IMPLICATIONS: The City will receive $1,300 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 Ordinance, the City would retain ownership of the parcel and the Lopez family may not be able to sell the residence located at 315 South Bradford. RECOMMENDATIONS: Approval of the Ordinance. Attachments: Proposed Ordinance Contract to Buy and Sell Quit Claim Deed CONTRACT TO BUY AND SELL REAL ESTATE THIS CONTRACT("Agreement") is made the 1 lth day of November, 2019, between the City of Pueblo, a Colorado municipal corporation (hereinafter called the "Seller"), and Mary Ann Lopez and Pedro Lopez,whose address is 315 S. Bradford Avenue, Pueblo, CO 81003 (hereinafter collectively called the "Purchaser"). 1. Property Defined. The Seller agrees to sell and convey to the Purchaser, and the Purchaser agrees to purchase from the Seller, all that certain plat, piece, and unimproved parcel of land having the following legal description: Lots 13 to 18 inclusive, Block 7, Kelly Addition, Pueblo County, State of Colorado, according to the recorded plat thereof filed in the records of the Pueblo County Clerk and Recorder, also known as Pueblo County Assessor Parcel No.: 431305006 (the "Property"). The Property shall be conveyed by Quit Claim 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 and subordinate to all easements, reservations, restrictions, covenants, limitations, rights-of-way and conditions of record and zoning and subdivision regulations and resolutions of the City of Pueblo. 2. Purchase Price. Seller and Purchaser agree that the total purchase price shall be One Thousand Three Hundred Dollars (U.S. $1,300.00) to be paid as provided in, and subject to, Paragraph 3 below(the "Purchase Price"). 3. Payment of Purchase Price. The Purchase Price for the Property shall be payable at Closing. 4. Real Property Taxes. Purchaser shall be liable for payment of all real property taxes and assessments for tax year 2019 and thereafter. 5. 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, 3`d Floor, Pueblo, CO 81003 at a date and time as agreed by Seller and Purchaser. 6. Leases or other Contracts. Seller warrants that there are no leases, contracts or agreements applicable to or affecting the Property, entered into by Seller, and that to the best of Seller's actual knowledge there are no other leases, contracts or agreements entered into by any third party applicable to or affecting the Property, which are or will be in force and effect on the date of Closing. 7. Disclaimers. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, IT IS UNDERSTOOD AND AGREED THAT SELLER IS NOT MAKING AND HAS NOT AT 1 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, ZONING, TAX CONSEQUENCES, PHYSICAL OR ENVIRONMENTAL CONDITION (INCLUDING, BUT NOT LIMITED TO, HAZARDOUS MATERIALS CONTAMINATION), 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, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, UPON CLOSING SELLER SHALL SELL AND CONVEY TO PURCHASER AND PURCHASER SHALL ACCEPT THE PROPERTY "AS IS, WHERE IS, WITH ALL FAULTS." 8. Seller and Purchaser agree that the provisions of this Agreement shall survive Closing and the recording of the Deed. 9. 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. 10. This Agreement may not be changed or terminated orally. 11. The provisions in this Agreement are to apply to and bind, and inure to the benefit of, the heirs, executors, administrators, successors, and assigns of the respective parties. 12. 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. 13. 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 13 SHALL SURVIVE THE CLOSING OF THE TRANSACTION CONTEMPLATED BY THIS AGREEMENT AND THE RECORDING OF THE DEED HEREUNDER. TO THE FULL EXTENT PERMITTED BY LAW, PURCHASER AND SELLER WAIVE THEIR RIGHTS TO A TRIAL BY JURY. 2 14. 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, and their respective heirs,executors,administrators, successors and assigns 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. 15. The following schedules or exhibits attached hereto shall be deemed to be an integral part of this Agreement: Exhibit 1 —Form of Quit Claim Deed 16. The section headings appearing in this Agreement are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section or any subsection hereof. 17. 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. 18. 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. 19. Neither party shall 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 MUNICIPAL CORPORATION ' By: e� . ./ld��� Mayor ATTESTED B • C, CITY CLERK 3 PURCHASER: -_J SignatureF \ c Cgit,. Signature Name: Mary Ann o.ez • Name: Pe. o Lo,ez STATE OF COLORADO ) ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me this 3 j ( day of Q ,/ , 2019 by Mary Ann Lopez and Pedro Lopez. Witness my hand and official seal. My commission expires: far' -- 15v" r90 [ SEAL ] %L��J.y�� �✓, Iota'. ' . ' ELIZABETH A. RACINE NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20184040455 MYCOMMISSION EXPIRES OCTOBER 15,2022 4 2161058 12/02/2019 03:42:13 PM Page: 1 of 1 R 13.00 D 0.00 T 13.00 Gilbert Ortiz Clerk/Recorder, Pueblo County, Co 1111 11LI! �vrl 5101411114i�ti�� lI II I QUIT CLAIM DEED THIS QUITCLAIM DEED, made this al day of , 20/? between the City of Pueblo, Colorado, a Colorado municipal corporation (hereinafter referred to as "Grantor"), and Mary Ann Lopez and Pedro Lopez, as Joint Tenants, whose address is 315 S. Bradford Avenue, Pueblo, CO 81003 (hereinafter collectively called the "Grantee"). WITNESSESTH, that the Grantor, for and in consideration of the sum of ONE THOUSAND THREE HUNDRED DOLLARS ($1,300.00), and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,has QUIT CLAIMED, and by these presents does QUIT CLAIM, unto the Grantee, his and her heirs, successors and assigns, all right, title and interest that the Grantor has in the real property, together with improvements, if any, situate, lying and being in Pueblo County, State of Colorado, described as follows: Lots 13 to 18 inclusive, Block 7, Kelly Addition also known as Pueblo County Assessor Parcel No.: 431305006 IN WITNESS WHEREOF, this Quit Claim Deed is executed by Grantor to be effective the day and year first above written. GRANTOR: CITY OF PUEBLO, COLORADO _r A COLORADO MUNICIPAL CORPORATIONo� <3> "F 00 t By �-°° oria°4•Alafl oh Icholas A Gradisar * 0��� ,40 J� N s' bee Mayor I ie STATE OF COLORADO ) 0 ,� ) ss. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this a '7 day of �011fIrb.2,V , 2017, by the City of Pueblo, a Colorado Municipal Corporation, by Nicholas A. Gradisar, Mayor. Witness my official hand and seal. My commission expires: I a/ao /;Oa./ CINDY J.R PUBLI0c7'7b& 3 ;6D9O 0.AAt MY COMMISSION EXPIRES 12/20/2021 Notary Pub is