HomeMy WebLinkAbout09948ORDINANCE NO. 9948
AN EMERGENCY ORDINANCE ACCEPTING THE ASSIGNMENT
OF A CONTRACT TO BUY AND SELL REAL ESTATE FROM
GREGORY L. HAHN, FOR PURPOSES OF PURCHASING
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CERTAIN UNIMPROVED LAND LOCATED ON E. 4 STREET
(WITH THE LEGAL DESCRIPTION OF LOT 3, BLOCK 3, TRINITY
SUBDIVISION) FOR A NEW FIRE STATION AND AUTHORIZING
THE MAYOR TO EXECUTE AN ACCEPTANCE OF SAID
ASSIGNMENT
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Acceptance of Assignment between Gregory L. Hahn and the City of Pueblo, a
Colorado Municipal Corporation, a copy of which is attached hereto (”Acceptance”) having been
approved as to form by the City Attorney, is hereby approved. The Mayor is authorized to execute
and deliver the Acceptance in the name of the City and the City Clerk is authorized to affix the
seal of the City thereto and attest same.
SECTION 2.
The June 1, 2021 Contract to Buy and Sell Real Estate between Levi Trujillo and Mary
Trujillo, as Sellers, and Gregory L. Hahn, as Buyer, a copy of which is attached hereto (”Contract”)
having been approved as to form by the City Attorney, is hereby approved and ratified.
SECTION 3.
The City Council hereby approves the purchase of the following unimproved real property
from Levi Trujillo and Mary Trujillo, for Twenty-Five Thousand Dollars ($25,000) plus applicable
closing and other costs as identified in the Contract:
Current Owner Parcel Number Legal Description
Levi and Mary Trujillo 433012016 Lot 3, Block 3, Trinity Sub.
The Mayor is authorized to execute and deliver at closing all customary and necessary documents
to effectuate this purchase transaction as required by the Contact.
SECTION 4.
The officers and staff of the City are authorized to perform all acts consistent with this
Ordinance and the attached Acceptance and Contract to implement the policies and procedures
described herein.
SECTION 5.
Savings Clause: If the City Council decides to accept the assignment of the contract to
purchase the “Trujillo” parcel, the closing of that purchase transaction is scheduled to occur on or
about June 17, 2021. The immediate enactment of this Ordinance is necessary in order to
preserve and protect the health, safety and welfare of the residents of the City. Pursuant to Sec.
3-20 of the City Charter, this Ordinance shall become effective on the date of final action by the
Mayor and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on June 14, 2021 .
Final adoption of Ordinance by City Council on June 14, 2021 .
President of City Council
Action by the Mayor:
☒ Approved on June 15, 2021 .
□ 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 # S-2
Background Paper for Proposed
ORDINANCE
COUNCIL MEETING DATE: June 14, 2021
TO: Council President Lawrence W. Atencio and Members of City Council
VIA: Marisa Stoller, City Clerk
FROM Mayor Nicholas A. Gradisar
SUBJECT: AN EMERGENCY ORDINANCE ACCEPTING THE ASSIGNMENT OF A
CONTRACT TO BUY AND SELL REAL ESTATE FROM GREGORY L.
HAHN, FOR PURPOSES OF PURCHASING CERTAIN UNIMPROVED
TH
LAND LOCATED ON E. 4 STREET (WITH THE LEGAL DESCRIPTION
OF LOT 3, BLOCK 3, TRINITY SUBDIVISION) FOR A NEW FIRE
STATION AND AUTHORIZING THE MAYOR TO EXECUTE AN
ACCEPTANCE OF SAID ASSIGNMENT
SUMMARY:
Attached is an Emergency Ordinance accepting and approving the Assignment of a
Contract to Buy and Sell Real Estate from Gregory L. Hahn. The Ordinance also
authorizes the Mayor to sign an Acceptance of Assignment document evidencing the
City’s acceptance of the assignment.
PREVIOUS COUNCIL ACTION:
Not applicable to this Ordinance.
BACKGROUND:
The Mayor and City staff are recommending that the City acquire 2 parcels of land located
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on E. 4 Street for purposes of constructing a new fire station, described as follows::
Current Owner Parcel Number Legal Description
Levi and Mary Trujillo 433012016 Lot 3, Block 3, Trinity Sub.
Dorsch Family Revocable 433012017 Lot 4, Block 3, Trinity Sub.
Trust
FINANCIAL IMPLICATIONS:
This Ordinance accepts the assignment of a contract to purchase the “Trujillo” parcel
(“Property.”) The purchase price for the Property is $25,000. Mr. Hahn has paid a
refundable Earnest Money deposit of $500 which will be refunded to him.
The “Trujillo” parcel is being purchased for less than the fair market value because it is
subject to a cloud on title caused by two (2) Deeds of Trust, both dated December 1,
2003. It is the legal opinion of the City Attorney that the Deeds of Trust have expired and
are non-enforceable pursuant to C.R.S. 38-39-201. The City Attorney anticipates filing a
quiet title action to have the 2 Deeds of Trust declared unenforceable. Due to the cloud
on title, Levi and Mary Trujillo will be transferring title to the City by Quit Claim Deed for
less than the fair market value of the property.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
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City Council could choose not to purchase the “Trujillo” parcel located on E. 4 Street.
RECOMMENDATION:
The Mayor and City staff recommend approval of this Ordinance.
Attachments:
Proposed Ordinance
Proposed Acceptance of Assignment
June 1, 2021 Contract to Buy and Sell Real Estate
ASSIGNMENT OF CONTRACT TO BUY AND SELL REAL ESTATE
For and in consideration of the sum of TEN DOLLARS ($10.00) and other good and
valuable consideration, the receipt of which is hereby acknowledged, the undersigned,
Gregory L. Hahn ("Assignor"), hereby assigns and transfers all of its right, title, interest,
duties and obligations in, to, and under that certain Contract to Buy and Sell Real Estate
("Contract") dated June 1, 2021 by and between Assignor as Buyer and Levi Trujillo and
Mary Trujillo, as Sellers, to the City of Pueblo, a Colorado municipal corporation and a
home-rule municipality, (collectively "Assignee"), its successors and assigns, forever,
subject to all of the terms, conditions, and stipulations set forth in the Contract. A true
and accurate copy of the fully executed Contract is attached hereto and incorporated
herein by this reference as though fully set forth, labeled Exhibit A.
Assignor represents to Assignee that the attached Exhibit A is the complete agreement
for the sale and purchase of the real property and improvements identified therein and
that the Agreement authorizes this assignment by Assignor. This Assignment is
conditioned, and shall be fully effective, upon the execution by the Assignee of the
Acceptance of Assignment set forth below.
ASSIGNOR:
- /- 2 a2 i
Gregory L. Hahn Date
ACCEPTANCE OF ASSIGNMENT
The City of Pueblo, Colorado ("Assignee") acting by and through its undersigned Mayor,
Nicholas A. Gradisar, of 1 City Hall PI., 2nd floor, Pueblo, CO 81003 hereby accepts the
foregoing Assignment of Contract to Buy and Sell Real Estate upon the terms set forth
and, further, agrees to assume and be bound by all of the obligations of Buyer under the
Contract and all provisions of the Contract and ratifies and confirms the Contract as if an
original party to the same.
ASSIGNEE: ATTEST:
Nic olas A. Gr Isar, Mayor Date Mari toller Date
City of Pueblo, Colorado City Clerk
re: Ordinance 9948
Reception 2232046
6/23/2021 04'19.41 PM
QUITCLAIM DEED
THIS QUITCLAIM DEED, made this 17th day of June, 2021 between Levi Trujillo and
Mary Lou Trujillo (hereinafter referred to as "Grantors"), and the City of Pueblo, Colorado, a
Colorado municipal corporation, whose legal address is 1 City Hall Place, Pueblo, CO 81003,
(hereinafter referred to as "Grantee"):
WITNESSESTH, that the Grantors, for and in consideration of the sum of Twenty-Five Thousand
Dollars($25,000.00) and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, has QUITCLAIMED, and by these presents does QUITCLAIM, unto the
Grantee, his heirs, successors and assigns, all right, title and interest that the Grantors has in the real
property, together with improvements, if any, situate, lying and being in Pueblo County, State of
Colorado, described as follows:
See Exhibit A, attached hereto, and incorporated herein by reference.
IN WITNESS WHEREOF, this Quitclaim Deed is executed by Grantors to be effective the day
and year first above written.
GRANTORS:
By:
Levi Trujillo
By.
M ou Truj
STATE OF COLORADO )
) ss.
COUNTY OF PUEBLO )
The foregoing instrument was acknowledged before me on this 17 day of June, 2021, by Levi
Trujillo and Mary Lou Trujillo.
Witness my official hand and seal.
My commission expires: UN 5AA
ALYSSA PARGA Notary rublic
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094022062
MY COMMISSION EXPIRES NOVEMBER 5,2024
Exhibit A
Parcel B of rearrangement of Boundary lines recorded May 6, 1983 in Book 2155
at Page 979.
Being a portion of Lot 2 and all of Lot 3, Block 3, Trinity Subdivision, according
to the recorded plat thereof, being more particularly described as follows:
Beginning at the most Northerly point on said Lot 3, thence along the boundary of
said Lot 3 the following four courses;
1) S 64° 06' 39" E., a distance of 112.80 feet;
2) S 48° 46' 22" E., a distance of 90.00 feet;
3) S 41° 13' 38" W., a distance of 150.00 feet:
4) N 81° 18' 40" W., a distance of 65.14 feet:
Thence N 89° 57' 10" W., along the South boundary of said Lot 2. a distance of
101.11 feet:
Thence N 00° 02' 50" E.. a distance of 179.09 feet to a point on a nan-tangent
curve to the left, said curve being along the Northerly boundary of said Lots 2 and
3; Thence Easterly along said non-tangent curve whose radius bears N 16° 00' 56"
W., having a central angle of 05° 35' 14" and a radius of 1030 feet, a distance of
100.44 feet to the Point of Beginning, County of Pueblo, State of Colorado
2232046 06/23/2021 04:19:41 PM
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