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HomeMy WebLinkAbout14398RESOLUTION NO. 14398 A RESOLUTION APPROVING AN AGREEMENT TO SELL AND PURCHASE REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MANUEL TORRES COVARRUBIAS RELATING TO 731 E. TH 4 STREET, PUEBLO, COLORADO 81001 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND THE RELATED SPECIAL WARRANTY DEED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Agreement to Sell and Purchase Real Estate (“Agreement”) dated April 27, 2020 between the City of Pueblo, a Colorado municipal corporation and Manuel Torres CoVarrubias, 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 Agreement and the Special Warranty 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 this Resolution to implement the policies and procedures described herein. SECTION 4. This Resolution shall become effective immediately upon final approval. INTRODUCED: April 27, 2020 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: CITY CLERK City Clerk’s Office Item # M-4 Background Paper for Proposed Resolution COUNCIL MEETING DATE: April 27, 2020 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: A RESOLUTION APPROVING AN AGREEMENT TO SELL AND PURCHASE REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND MANUEL TORRES COVARRUBIAS RELATING TO 731 E. TH 4 STREET, PUEBLO, COLORADO 81001 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND THE RELATED SPECIAL WARRANTY DEED SUMMARY: Attached for consideration is a Resolution approving a buy and sell agreement between the City and Manuel Torres CoVarrubias relating to the conveyance by Special Warranty Deed of City- th owned property located at 731 E. 4 St., Pueblo, Colorado 81001. PREVIOUS COUNCIL ACTION: None. BACKGROUND: On February 12, 2020, the City’s Purchasing Department issued and advertised a Request for th Proposals (Project No. 20-014) for the sale of City-owned property located at 731 E. 4 St., Pueblo, Colorado 81001. Two proposals were received. The proposal from Manuel Torres CoVarrubias was reviewed by the appointed selection committee and determined to best meet the needs of the City. FINANCIAL IMPLICATIONS: The City will receive $62,000 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 to this Resolution. STAKEHOLDER PROCESS: Not applicable to this Resolution. ALTERNATIVES: If City Council does not approve this Resolution, the City could retain ownership of the property. RECOMMENDATION: Approval of the Resolution. Attachments: Proposed Resolution and Agreement to Sell and Purchase and Special Warranty Deed AGREEMENT TO SELL AND PURCHASE THIS AGREEMENT is made the 27th day of April,2020,between the City of Pueblo,a Colorado Municipal corporation,hereinafter called the"Seller,"and Manuel Torres CoVarrubias 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: E 6 FT of Lot 15, All Lot 16, Block 27, East Pueblo;Parcel 431118015; Located at 731 E.4th Street, Pueblo,CO 81001. 2. The Property ("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 Paragraphs 4 and 5 of this Agreement. 3. Purchase Price. Purchaser shall pay the total purchase price of Sixty-Two Thousand Dollars (U.S. $62,000.00)(the"Purchase Price"). 4. Payment of Purchase Price. The Purchase Price shall be payable in full at Closing in cash, certified funds or immediately available wire transferred funds. 5. 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. 6. 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. 7. Closing Time and Place. Closing of the transaction contemplated hereby("Closing")shall be held at the offices of the City Attorney, I City Hall Place, 3rd Floor, Pueblo, CO 81003. Closing Date and Time: 8. Closing Costs. All costs and expenses incident to this transaction and the Closing thereof shall be paid by the party incurring same. 9. Leases. Seller warrants that there are no leases to the Property entered into by Seller, which are currently in force and effect. 10. 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." EXCLUDING LIABILITY ARISING FROM THE WILLFUL OR INTENTIONAL MISCONDUCT OF A PARTY, NEITHER PARTY SHALL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING LOSS OF PROFITS ARISING OUT OF THIS AGREEMENT)EVEN IF IT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. Seller and Purchaser agree that the provisions of Paragraphs 4 and 9 shall survive Closing and the recording of the Deed. 12. 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. 13. This Agreement may not be changed or terminated orally. 14. The stipulations in this Agreement are to apply to and bind the heirs, executors, administrators, successors,and assigns of the respective parties. 15. 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. 16. 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. 17. 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. 18. The following schedules or exhibits attached hereto shall be deemed to be an integral part of this Agreement: a. Exhibit 1 —Form of Special Warranty Deed 19. 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. 20. 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. 21. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any subsequent breach of any such provision or any other provision hereof. 22. Purchaser shall not record this Agreement or any short form memorandum of this Agreement. 23. Seller shall not obtain a title commitment or policy for this transaction, but Purchaser has the option of obtaining same at its sole cost and expense. 24. Purchaser and Seller represent and warrant to the other that no broker or finder has been engaged by such Party in connection with this transaction. Executed at Pueblo,Colorado,the day and year first above written. SELLER: CITY OF PUEBLO,COLORADO A MUNICIPAL CORPORATION By: Nichola , ayor ATTESTED BY:\--13414-04. .41) City Clerk BY: 1 e .r e (c; " C 2 e (Print Purchaser Name all - Co 1�a wt.,, ;/676 (Signature) (Print Title) JUaitck Ualc/0 ,,1105 it-(0 Po h.-3. STATE OF COLORADO) ) SS. COUNTY OF PUEBLO ) The foregoing� instrument was acknowledged before me on this / day of A-pr; I ,2020, Maxi by An t. f 10en(re 5 CSV •rrIA-6;65 as 3' s... V'ajAb v'lr.o5 •- mo rs Witness my official hand and seal. DEBORAH A.RIVERA My Commission Expires: Se_r ,r...h,af ch)/ ,.)Da ( NOTASTATEF Y PUBLIC OLORADO NOTARY ID 20174039241 Notary Public: a. MY COMMISSION EXPIRES SEPT.20,2021 Reception 2176601 04/29/2020 04:20:11 PM SPECIAL WARRANTY DEED THIS DEED, made this 27th day of April, 2020 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 the "Grantor") and Manuel Torres CoVarrubias and Juana Valdovines Morales, as Joint Tenants With Right of Survivorship, 815 E. 5th Street, Pueblo, CO 81001 (hereinafter referred to as "Grantees"): WITNESSESTH,that the Grantor, for and in consideration of the sum of Sixty-Two Thousand Dollars ($62,000.00), 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 Grantees, their 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: E 6 FT of Lot 15, All Lot 16, Block 27, East Pueblo; Parcel 431118015; Located at 731 E. 4th Street, Pueblo, CO 81001, 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, with the appurtenances, unto the Grantees, their 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 Grantees, their 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 Municipa;C ratiot4-' `\\ By: R i l .. _ ', Nicholas A. Gradis r, Mayor l_! - 0 1 2176601 04/29/2020 04:20:11 PM Page: 2 of 2 R 18.00 D 0.00 T 18.00 Gilbert Ortiz Clerk/Recorder; Pueblo County; Co VIII lY,I lAlitllfl l til ti A1111,g rl'1 011110 i 4LYi , III III STATE OF COLORADO ) ) SS. COUNTY OF PUEBLO ) Tile foregoing instrument was acknowledged before me on this • 6% day of , 2020, by Nicholas A. Gradisar, Mayor of the Ci =x ty of Pueblo, a Colorado munYcipal corporation. Witness my official hand and seal. t My Commission Expires: 41/4c. /. =% Eilene Tracey Sample NOTARY PUBLIC STATE OF COLORADO Notary Public NOTARY ID#20074038010 MY COMMISSION EXPIRES 10.:10/2023 2