HomeMy WebLinkAbout10372
ORDINANCE NO. 10372
AN EMERGENCY ORDINANCE ACCEPTING THE
ASSIGNMENT OF A CONTRACT TO BUY AND SELL REAL
ESTATE FROM PUEBLO RESCUE MISSION, A COLORADO
NONPROFIT CORPORATION, FOR PURPOSES OF
PURCHASING 718 W. 4TH STREET, PUEBLO, CO 81003 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 Pueblo Rescue Mission, a Colorado nonprofit
corporation 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 Contract to Buy and Sell Real Estate, executed on December 22, 2022, between
Richard C. Tanner, as Seller, and Pueblo Rescue Mission, a Colorado nonprofit corporation, 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 real property from
Richard C. Tanner, for Sixty-Five Thousand Dollars ($65,000) plus applicable title insurance,
closing and other costs as identified in the Contract:
Lot 25, Block 3, Thatcher + Gast Subdivision, County of Pueblo, State of Colorado also known
th
as 718 W. 4 Street, Pueblo, CO 81003.
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
th
purchase 718 W. 4 Street, Pueblo, CO 81003, pursuant to the Contract executed on
December 22, 2022, the closing of that purchase transaction must occur on or before January
21, 2023. 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 January 9, 2023.
Final adoption of Ordinance by City Council on January 9, 2023 .
President of City Council
Action by the Mayor:
☒ Approved on January 11, 2023 .
□ 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 # S1
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: January 9, 2023
TO: President Heather Graham and Members of City Council
CC: Mayor Nicholas A. Gradisar
VIA: Marisa Stoller, City Clerk
FROM: Daniel C. Kogovsek, City Attorney
SUBJECT: An Emergency Ordinance accepting the assignment of a contract to buy
and sell real estate from Pueblo Rescue Mission, A Colorado nonprofit
corporation, for purposes of purchasing 718 W.
th
4 Street, Pueblo, CO 81003 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 Pueblo Rescue Mission, a Colorado
nonprofit corporation. 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:
th
The Mayor and City staff are recommending that the City acquire 718 W. 4 Street
near downtown Pueblo. The property is adjacent to the Pueblo Rescue Mission and
current plans are to demolish the existing building to enable the property to be used as
an outdoor homeless warming shelter when temperatures are below 20 degrees and as
a shaded cooling location when temperatures exceed 100 degrees.
FINANCIAL IMPLICATIONS:
th
This Ordinance accepts the assignment of a contract to purchase 718 W. 4 Street
(“Property”). The purchase price for the Property is $65,000. Pueblo Rescue Mission
(“PRM”) has paid a refundable Earnest Money deposit of $500 which will be refunded to
PRM.
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 parcel located at 718 W. 4 Street.
RECOMMENDATION:
The Mayor and City staff recommend approval of this Ordinance.
ATTACHMENTS:
1. _Assignment and Acceptance
2. Real Estate Contract
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,
Pueblo Rescue Mission, a Colorado nonprofit corporation ("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") executed December 22, 2022
by and between Assignor as Buyer and Richard C. Tanner, 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:
Pueblo Rescue Mission, Inc.
a Colorado nonprofit corporation
z--/ 3
By: ! fr
Melanie Rapier, Executive Director 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:
�.,f/ forties /'//—�o 11111123
icholas A. radisar Mayor Date IDlari to ler a e
Y
City of Pueblo, Colorado City Clerk
Official Records of Pueblo County Clerk & Recorder 2301398
01/12/2023 09:08:58 AM Page 1 of 2
Warranty Deed R: $18.00 D: $6.50 Candace Rivera
SPECIAL WARRANTY DEEDbL,s/
t�
THIS SPECIAL WARRANTY DEED, made this - day of January, 2023,
between Richard C. Tanner (hereinafter referred to as "Grantor") and the City of Pueblo,
a Colorado municipal corporation, 1 City Hall Place, 2nd Floor, ATTN: Mayor, Pueblo, CO
81003 (hereinafter referred to as "Grantee"):
WITNESSESTH, that the Grantor, for and in consideration of the sum of
SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) 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 Grantee, its heirs, successors and assigns forever, all the real
property, together with improvements, if any, the following described property, to wit:
Lot 25, Block 3, THATCHER AND GAST'S SUBDIVISION, County of Pueblo, State of
Colorado
a/k/a Assessor Parcel No. 536205008, having the common address of 718 W. 4th Street,
Pueblo, CO 81003
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 of the surface estate only and no mineral rights are
conveyed by this instrument.
This conveyance is made subject to and subordinate to all easements,
reservations, restrictions, covenants, limitations, rights-of-way and conditions of record.
TO HAVE AND TO HOLD the said premises, above bargained and
described, with the appurtenances, unto the Grantee, its 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 Grantee, its 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.
Electronically Recaden
SPECIAL WARRANTY DEED
THIS SPECIAL WARRANTY DEED, made this i 2-- day of January, 2023,
between Richard C. Tanner (hereinafter referred to as "Grantor") and the City of Pueblo,
a Colorado municipal corporation, 1 City Hall Place, 2nd Floor, ATTN: Mayor, Pueblo, CO
81003 (hereinafter referred to as "Grantee"):
WITNESSESTH, that the Grantor, for and in consideration of the sum of
SIXTY-FIVE THOUSAND DOLLARS ($65,000.00) 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 Grantee, its heirs, successors and assigns forever, all the real
property, together with improvements, if any, the following described property, to wit:
Lot 25, Block 3, THATCHER AND GAST'S SUBDIVISION, County of Pueblo, State of
Colorado
a/k/a Assessor Parcel No. 536205008, having the common address of 718 W. 4th Street,
Pueblo, CO 81003
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 of the surface estate only and no mineral rights are
conveyed by this instrument.
This conveyance is made subject to and subordinate to all easements,
reservations, restrictions, covenants, limitations, rights-of-way and conditions of record.
TO HAVE AND TO HOLD the said premises, above bargained and
described, with the appurtenances, unto the Grantee, its 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 Grantee, its 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.
IS099lI
Vegi ' 1
GRANTOR:
"k%'0:euco ,
I //yit,,,,,,„,i-
Richard C. Tanner
STATE OF COLORADO )
) SS.
COUNTY OF PUEBLO ) I
The foregoing instrument was acknowledged before me on this 17-- day of
January, 2023, by Richard C. Tanner.
Witness my official hand and seal.
My Commission Expires:
t- 71------
Notary Public
DENISE SMITH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 2007406432
MY COMMISSION EXPIRES JULY 14,2023
2