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Home My WebLink About10011*ORDINANCE NO. 10011 AN ORDINANCE APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND IVAN HIBARGER RELATING TO RFP 21-020, SALE OF PROPERTY IN THE DUNBAR SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Contract to Buy and Sell Real Estate (“Agreement”) dated September 13, 2021, between the City and Ivan Hibarger, a copy of which is attached hereto and is incorporated herein by this reference, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The Mayor is authorized to execute and deliver said Agreement in the name of the City and the City Clerk is authorized to fix the seal of the City thereto and attest same. The Mayor is further authorized to execute and deliver a Quit Claim Deed and related documents at closing, transferring the property owned by the City, as identified in said Agreement to Ivan Hibarger, in the manner described in the attached Agreement. SECTION 3. The officers and staff of the City are authorized to perform any and all acts consistent with this Ordinance and the attached Agreement which are necessary or appropriate to implement the transactions described therein. SECTION 4. 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 September 13, 2021. Final adoption of Ordinance by City Council on September 27, 2021 . President of City Council Action by the Mayor: ☒ Approved on September 29, 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 Deputy City Clerk City Clerk’s Office Item # R-3 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: September 13, 2021 TO: President Lawrence W. Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Daniel C. Kogovsek, City Attorney SUBJECT: AN ORDINANCE APPROVING A CONTRACT TO BUY AND SELL REAL ESTATE BETWEEN THE CITY OF PUEBLO, A COLORADO MUNICIPAL CORPORATION AND IVAN HIBARGER RELATING TO RFP 21-020, SALE OF PROPERTY IN THE DUNBAR SUBDIVISION AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT SUMMARY: Attached is an Ordinance approving and authorizing the Mayor to sign an agreement for the City to sell a parcel of unimproved land located in the Dunbar subdivision (the “Property”) to Ivan Hibarger for Ten Thousand Dollars ($10,000.00). PREVIOUS COUNCIL ACTION: Not applicable to this Ordinance. BACKGROUND: On January 20, 2021, the City’s Purchasing Department issued RFP 21-020 for the sale of the following parcel of unimproved land located in the Dunbar Subdivision: Lot Size: 20,123 sf Parcel: 536334007 Neighborhood: 80 (The Blocks) Tax District: 60B Legal Description: All Blk 1 Dunbar Sub of Blk P South Pueblo Two bids were received. Ivan Hibarger submitted the bid with the higher purchase price. Mr. Hibarger intends to develop the property for use as follows: ● a parking lot, with a minimum of 20 spaces, including 10 electric vehicle charging stations; ● outdoor static exercise equipment; ● a picnic area on top of the burm for the detention pond; ● lighting of the parking area; and ● a 4-foot sidewalk along Corona Street. The Property is located in an R-5 Zone District where parking lots are a “use by right.” Mr. Hibarger proposed a contract, dated March 8, 2021, to purchase the Property for $15,000. However, the proposed agreement was not approved by the City Council nor signed by the Mayor. The City has been unable to obtain a title insurance policy insuring marketable title in the Property because the previous conveyance deed to the City was not recorded and has not been located. The attached Agreement to Buy and Sell requires the City to convey the Property by Quit Claim Deed rather than the customary warranty deed and accordingly, the sale price has been reduced from $15,000 to $10,000. FINANCIAL IMPLICATIONS: Ten Thousand Dollars ($10,000) will be deposited into the City’s General Fund. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: City Council could decide not to sell the Property to Mr. Hibarger. RECOMMENDATION: The Mayor and City staff recommend approval of this Ordinance. Attachments: Proposed Ordinance Proposed Contract to Buy and Sell Real Estate Proposed Quit Claim Deed re.,: Ordinance 10011 Reception 2250811 11/02/2021 02:58:49 P11 Gilbert Ortiz. Clerk/Recorder Pueblo County, Co QUIT CLAIP II11 Rr11.1110 160Wr dill I' rilitiii G i kif 1 A111111 THIS DEED, made this / day of November, 2021, between the City of Pueblo, a Colorado municipal corporation (hereinafter referred to as "Grantor") and Ivan Orion Hibarger, whose address is 619 W. 15th Street, Pueblo, CO 81003 (hereinafter referred to as "Grantee"): WITNESS, that the Grantor, for and in consideration of TEN THOUSAND ($10,000.00) Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has remised, released, sold and QUITCLAIMED and by these presents does remise, release, sell and QUITCLAIM unto the Grantee,and the Grantee's heirs and assigns forever, in Fee Simple, all of the right, title interest, claim and demand that the Grantor has in and to the real property, together with the fixtures and improvements located thereon, if any, situate, lying and being in the County of Pueblo and State of Colorado, as described on Exhibit A. TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, including but not limited to, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim, whatsoever, of the Grantor, either in law or in equity, to the use, benefit and behalf of the Grantee, and the Grantee's heirs and assigns forever. IN WITNESS WHEREOF, this Quitclaim Deed is executed by Grantor to be effective the day and year first above written. GRANTOR: City of Pueblo a Colorado municipal corporation ,0' olo By: ed(ey44 (jkl ' , Name: Nicholas A. Gradisar46i44, 4 K Title: Mayor 0 STATE OF COLORADO ) `' `G 4` SS. COUNTY OF PUEBLO ) The foregoing instrument was acknowledged before me on this /4- day of November, 2021, by Nicholas A. Gradisar as Mayor of the City of Pueblo, a Colorado municipal corporation. Witness my official hand and seal. My Commission Expires: NdV rjr z) 1-1 ALYSSA PARGA NOTARY PUBLIC 44P41A.--- Notary Public STATE OF COLORADO NOTARY ID 20001022052 MY COMMISSION LXPII/Eti N000MBFR 5,2024 1 EXHIBIT A LEGAL DESCRIPTION 2250811 11/02/2021 02:58:49 PM Lot Size: 20,123 sf Page: 2 of 2 R 18 00 D 0.00 r 18 00 Gilnert Ortiz C1er'�'Recordei . Puebla County. Co Parcel: 536334007 1911 wII��I`�w,�i� �a"li�'tE drL'��F s°,Ns4i ��Holt). III 119 Neighborhood: 80 (The Blocks) Tax District: 6013 Legal Description: All Blk l Dunbar Sub of 131k P South Pueblo All in the County of Pueblo, State of Colorado. 2