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Home My WebLink About09950 ORDINANCE NO. 9950 AN EMERGENCY ORDINANCE ACCEPTING THE ASSIGNMENT OF A CONTRACT TO BUY AND SELL REAL ESTATE FROM GREGORY L. HAHN, FOR PURPOSES OF PURCHASING TH CERTAIN UNIMPROVED LAND LOCATED ON E. 4 STREET (WITH THE LEGAL DESCRIPTION OF LOT 4, 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 March 17, 2021 Contract to Buy and Sell Real Estate between Neal M. Dorsch and Audrey L. Dorsch, as Trustees of the Dorsch Family Revocable Trust, 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 Neal M. Dorsch and Audrey L. Dorsch, as Trustees of the Dorsch Family Revocable Trust dated December 19, 1996, for Forty-Five Thousand Nine Hundred Dollars ($45,900) plus applicable closing and other costs as identified in the Contract: Current Owner Parcel Number Legal Description Dorsch Family Revocable Trust 433012017 Lot 4, 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 “Dorsch” 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-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: June 14, 2021 TO: 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 LAND LOCATED TH ON E. 4 STREET (WITH THE LEGAL DESCRIPTION OF LOT 4, 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 on E. th 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 Trust 433012017 Lot 4, Block 3, Trinity Sub. FINANCIAL IMPLICATIONS: This Ordinance accepts the assignment of a contract to purchase the “Dorsch” parcel (“Property.”) The purchase price for the Property is $45,900. Mr. Hahn has paid a refundable Earnest Money deposit of $1,000 which will be refunded to him. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: th City Council could choose not to purchase the “Dorsch” parcel located on E. 4 Street. RECOMMENDATION: The Mayor and City staff recommend approval of this Ordinance. Attachments: Proposed Ordinance Proposed Acceptance of Assignment March 17, 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 March 17, 2021 by and between Assignor as Buyer and _Neal M Dorsch & Audrey L Dorsch by Nancy King, PR as Seller 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: 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: .1114115 -1 4. (Ilt512( icholas A. Gr- ar, Mayor Date a It: Stoller ate City of Pueblo, Colorado City Clerk STATEMENT OF SETTLEMENT PROPERTY DESCRIPTION: BLOCK 4, LOT 3,TRINITY SUBDIVISION, PUEBLO COUNTY, COLORADO SELLER(S): LEVI TRUJILLO AND MARY LOU TRUJILLO BUYER(S):CITY OF PUEBLO BY ASSIGNMENT FROM GREGORY L. HAHN SETTLEMENT DATE:June 17,2021 Description City of Pueblo Levi Trujillo and Buyer's Broker Mary Trujillo Sale Price ($25,000.00) Sale Proceeds $20,800.00 Sale Commission $4,200.00 Title Insurance N/A N/A N/A Closing Fees N/A N/A N/A Recording Fees N/A N/A N/A Real Estate Tax N/A N/A N/A Proration Total ($25,000.00) $20,800.00 $4,200.00 Buyer: CITY OF PUEBLO, CO A COLORADO MUNICIPAL CORPORATION N. By: 7(44/ Nicholas A. G sar, Mayor Date: G.. /47. ACtiR,/ Sellers: ki..:. i Levi Trujl Social Security Number: 5;12 - /3- t(f6 Date: ‘• / 7- 2/ Ma Lao. 'ujillo 1.111.r Social Security Number: 5a, — Q (o 5.73 7 Date: (, -(-7- ,2 I Buyer's Broker: RE/MAX • Pueblo, Inc. 41111r Le ePC..,,, . y . Grego L. 1, n ' I N: 84-0943P r Date: (fid, 1Z l•-1