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HomeMy WebLinkAbout05826AS AMEIv'DED 8/23/9 ORDINANCE NO. 5826 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND BERNSTEIN REALTY, LTD. RELATING TO THE TRANSFER OF PROPERTY AND APPROPRIATING FUNDS IN CONNECTION THEREWITH WHEREAS, Bernstein Realty, Ltd., a Colorado limited partner- ship ( "Bernstein") is willing to transfer certain real property to Pueblo, a Vunicipal Corperation ( "City " ") upon the terms and conditions set forth in the attached Agreement, and WHEREAS, as a further condition of such transfer, Bernstein has requested that the City appropriate funds in the amount of $300,000 to a segregated account to be held in trust and escrow for a period of five (5) years to satisfy the obligations of the City under paragraph 6 of the Agreement, and WHEREAS, the City is willing to accept the transfer of the real property upon the terms and conditions set forth in the attached Agreement and, in consideration thereof, to make such appropriations for the public purpose of the City's acquisition and use of the real property; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement dated August 9, 1993 between the City and Bernstein (the "Agreement "), a copy of which is attached hereto and incorporated herein, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed and authorized to affix the seal of the City thereto and attest same. SECTION 2 The City Council does hereby find and determine that the acquisition of the real property described in the attached Agreement and subsequent use for a civic center and hotel project meets the criteria and standards set forth in Ordinance No. 5742 as a job creating capital improvement project. CPrrPT(1N q There shall be and hereby is appropriated from the 1992 Sales And Use Tax Capital Improvement Projects Fund the sum of $300,000 ( "Fund ") to be held and kept by the City in a segregated escrow account to satisfy the obligations of the City under paragraph 6 of the attached Agreement. For a period of five (5) years from the date of adoption of this Ordinance, the principal amount of the Fund shall be held and kept in a segregated account to be used solely for the purpose of satisfying City's obligations under paragraph 6 of the attached Agreement and shall not be expended, appropriated, pledged or otherwise applied for any other purpose, provided that the City may invest the principal of the Fund in any manner it deems appropriate and all income or interest earned thereon shall be transferred to the 1992 Sales And Use Tax Capital Improvement Projects Fund, provided further that City shall not invest the principal of the Fund in any investment or account which limits, restricts, penalizes, deducts from or delays their immediate withdrawal for use as set forth herein. At the expira- tion of five (5) years from the date of adoption of this Ordinance, the balance of the Fund not applied or committed to satisfy the City's obligations under paragraph 6 of the attached Agreement as of such date shall be transferred to the 1992 Sales And Use Tax Capital Improvement Projects Fund free and clear of the restrictions and obligations imposed hereby. The transfer of the Funds to the 1992 Sales And Use Tax Capital Improvement -2- Projects Fund after the expiration of said 5 -year period shall terminate City's obligations under paragraph 6 of the attached Agreement. SECTION 4 The Fund hereby appropriated is directed to be applied by the City Manager to satisfy the City's obligations under para- graph 6 of the Agreement and shall be paid in a manner consistent with the Agreement, upon demand by Bernstein and submission of supporting documentation of the nature and amount of such envi- ronmental claims. SECTION 5 The City Council does hereby find and determine that the ap- propriation and use of the Fund as herein provided are necessary to and appropriate for the public purpose of the City's acquisi- tion and use of the real property described in the Agreement and for the public peace, health and safety. SE CTION 6 If the Fund is expended to satisfy the City's obligation un- der paragraph 6 of the Agreement, or, if the Fund becomes neces- sary for a job creating capital improvement project, then, in either event, the City Council will appropriate for the purpose of repayment and deposit to the 1992 Sales And Use Tax Capital Projects Fund, from the general fund and /or any other funds available therefor including proceeds from the Urban Renewal Authority of Pueblo, Colorado's $9,950,000 Tax Increment Revenue Bonds, an amount equal to either (i) the amount of the Fund so expended, or (ii) the amount needed for the job creating capital improvement project up to $300,000, whichever is applicable. INTRODUCED August 9 , 1993 BY JOYCE LAWRENCE Councilperson APPROVED _ Presi nt of the City Council ATTEST: City Cf rk AGREEMENT THIS AGREEMENT entered into as of August 9, 1993 between Pueblo, a municipal corporation (the "City ") and Bernstein Realty, Ltd., a Colorado limited partnership (the "Bernstein "), WITNESSETH: WHEREAS, Bernstein is willing to make a gift to the City of the real property described in attached Exhibit " A " (the "Property ") upon the terms and conditions contained herein, and WHEREAS, City is willing to accept the gift upon such terms and conditions; NOW, THEREFORE, in consideration of the covenants and agree- ments set forth herein, Bernstein and City agree as follows: 1. Bernstein will transfer and convey title to the Property to City and execute and deliver to City and City will accept the quit claim deed attached hereto as Exhibit "B ". 2. The Property will be transferred to City by Bernstein and City will accept the Property in its present condition "AS IS AND WHERE IS" without any representations or warranties by Bernstein with respect to the environmental condition of the Property. As to Bernstein, City will assume and be liable for all claims, actions or proceedings based upon or in any manner relating to the environmental condition of the Property whether attributable to Bernstein or any of Bernstein's tenants or predecessors in interest and indemnify Bernstein therefrom. Bernstein may remove from the Property, provided such removal is completed within 30 days after transfer of title to the Property to the City, the following: all outside metal buildings, fences and fence posts; chain host, scale, overhead heaters, and light fixtures located in the "Bernstein" building; and, glass door, oak shelves, and safe located in the "Florman" building. 3. City will pay those costs as documented as direct costs paid by Bernstein with regard to attorney and appraisal fees relative to the acquisition by the City and Urban Renewal Authority of the Property in a total amount not to exceed $26,500. 4. City will reimburse Bernstein for the 1991, 1992 and 1993 general property taxes assessed against the Property and paid by Bernstein. 5. City will coordinate and jointly approve press announce- ments with Bernstein relating to the gift of the Property to the City by Bernstein. 6. (a) To the extent permitted by law, City will indemnify Bernstein from environmental claims in an amount not to exceed $300,000 arising out of Bernstein's prior lease of the property described in Exhibit "C ". Environmental claims include required remedial action and reasonable attorney fees and related expenses incurred by Bernstein in defending such claims. The parties hereto stipulate that the indemnification set forth herein is made for a public purpose and directly related to the public benefits derived from the City's acquisition and use of the Property. (b) In case any claim shall be brought against Bernstein in respect of which the City is required to give indemnification pursuant to (a) above, Bernstein shall promptly notify the City in writing. Bernstein shall assume the defense and all costs and expense thereof including the employment of counsel. City in its discretion may at its expense engage separate counsel and participate in the defense thereof. The City shall not be liable for any settlement of any such claim effected without its consent (which consent will not be unreasonably withheld) but if settled with the consent of the City, or if there be a final judgment for the plaintiff in any such claim and subject to the limitations set forth in (a) above, City agrees to indemnify Bernstein from and against loss or damage by reason of such settlement or judgment. 7. Nothing expressed or mentioned or to be implied from this Agreement is intended nor shall be construed to (i) give any person other than the City and Bernstein any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, conditions and provisions herein contained; this Agreement and all the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of City and Bernstein, or (ii) be an admission of any kind by either party with respect to the environmental condition of the Property or the property described in Exhibit "C ". 8. No recourse shall be had upon any obligation, covenant or agreement contained in this Agreement against any past, present or future councilperson, officer, employee, counsel or agent of the City, either directly or through the City, under any rule of law or equity, statute or constitution, or by the enforcement of any assessment or penalty or otherwise, and all such liability of such councilpersons, officers, employees, counsels or agents as such is hereby expressly waived and released as a condition and consideration for the execution of this Agreement. However, nothing contained herein shall preclude Bernstein from joining such councilpersons, officers, employees, counsels or agents as party defendants in an action to enforce this Agreement, if such joinder is required in order to enforce this Agreement against the City, provided, always, that no councilperson, officer, employee, counsel or agent so joined in any such action shall be personally liable or responsible in any manner hereunder. 9. This Agreement and all rights and obligations of the parties shall be governed exclusively by and construed and enforced according to the applicable laws of the State of Colorado. -2- 10. All notices hereunder shall be sufficiently given if given personally or mailed by first class mail, postage prepaid, addressed: (a) if to City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, or (b) if to Bernstein, Morey Bernstein, Bernstein Realty, Ltd., 134 North Mechanic, Pueblo, Colorado, 81003, or to such other address as either party shall specify in written notice given to the other party. 11. This Agreement expresses the entire understanding of the parties and incorporates all prior dealings and covenants with respect to the subject matter of this Agreement and may not be amended except in writing signed by the City and Bernstein. 12. All the representations, agreements and warranties of the parties contained herein shall survive closing and transfer of title to the Property to the City. 13. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. 14. Each party represents and warrants to the other party that no real estate broker or agent is involved in the transaction contemplated by this Agreement and that no commission, finder's fee or other compensation is or will be payable to another person or entity as a result of or arising out of the transaction contemplated by this Agreement. 15. The person executing this Agreement on behalf of a party hereto represents and warrants that such party and person have the requisite power and authority to enter into and to execute this Agreement on behalf of such party. Executed at Pueblo, Colorado the day and year first above written. PUEBLO, A MUNICIPAL CORPORATION 1 ATTEST: By C ty Clerk *Pres*t of t e City Council WITNESS: TJ 67.24 BERNSTEIN REALTY, LTD. 13Y - Morey Bernstei , Ge eral Partner -3- Lots 1 and 2 and the Easterly 24.70 feet of Lot 3, Fractional Lots 15. 16, a7, 18, 19 and 20, and Lots 21, 22, 23, 24. 25 and 26, Block 60, Hobson's Subdivi.sion, Amended, and Lot 2 and Fractional Lots 3, 4, 5 and 6. Block 1, Central Pueblo, and Begi.nning at the Northwesterly corner of Lot 1, Block 60. Hobson's Subdi.vi.si.on as recorded in Volume 2. Page 17. in the office of the County Clerk; thence southeasterly along the original Atchison, Topeka. and Santa Fe Railroad right -of. -way a distance of approximantely 303.27 feet to a point, said poi.nt being the northeasterly corner of Block 60. Hobson's Subdi.visi.ori; thence Northeasterly 112.32 feet to a point on the original Northeasterly right -of -way of the said railway company, said point being the southeasterly corner of Lot 15. Block 56. Hobson's Subdivision; thence northwesterly along the original A. T. & S. F. Right-of-way, a distance of 370.82 feet; thence southwesterly a distance of 101.34 feet to the point of beginning, and, all adjacent vacated streets and alleys. All in County of Pueblo. State of Colorado. EXHIBIT "A" — LOL'S 1 and 2 and the Easterly 24.70 feet of Lot 3, Fractional Lots 15, 16, 17, 18, 19 and 20. and Lots 21. 22, 23, 24, 25 and 26. Block 60, Hobson's "Subdivision, Amended, and Lot 2 and Fr.acLional Lots 3, 4. 5 and 6. Block 1. Central Pueblo, and Beginning at the Northwesterly corner of Lot 1. Block 60. Hobson's Subdivision as recorded in Volume 2, Page 17. in the office of the County Clerk; thence southeasterly along the original Atchison, Topeka, and Santa Fe Railroad right -of -way a distance of approximantely 303.27 feet to a point. said point being the northeasterly corner of Block 60. Hobson's Subdivision; thence Northeasterly 112.32 feet to a point on the original Northeasterly right-of-way of the said railway company. said point being the southeasterly corner of Lot 15. Block 56. Hobson's Subdivision; thence northwesterly along the original A. T. & S. F. Right -of -way. a distance of 370.82 feet; thence southwesterly a distance of 101.34 feet to the point of beginning, and, all adjacent vacated streets and alleys. All in County of Pueblo. State of Colorado. EXHIBIT "A" R.YUpcb ®1'ta tiaKratder. r rN{S3 4 DEED, Made lhis - .- -- --- F^ day of` _.,., -_... ei9 fig' ..- _-- : • ---- ,- .. - -_�1 j Delveen Bernstein Realty, Ltd., a limited partnership I 1 n exla er and r' ue at the Sawn Q �u y vrrantaed • d tsars and try eat f the Rtale wf Qolorada, c1 the f1ret part, and i Pueblo, a municipal corporation u how• IrxaU adalresa iv 1 City Hall Placa, Pueblo Colorado 81003 of the (bernLyu Pueblo accts of Jolvre0o, of c nr acaartp part, WtT1 That the sald party of the lIrst part, for and in gnaldvra- Lw afthafutm On Dollar and Other Good and Valuable Consideration + to the a.h.t party w the urge pair% an »and paid by the ta14 part y or the ecwtwl part, tlfe r n i,.t -I... ea L t.errbr ` { mnfeacad and heth rermaed. released, sold, ugn.rycd aruL QUIT CLAIMED, an4 by the%&p r — onta doth 1 � I rvoau., ret<aae. +#I). oonvey and QUIT CLAIM unto the said part y or the arsond pare. :.t3 patsns fart .cr, all the tight. title- inter &u claim and demand which Lhe sald party of the fist part both in srxdd to the {{ I ! tai w n]r d rtbwt real propaxty situau, lying and bs,ng to the county {` of Pliable And StltoorGol ozado,towit; 'The regal propurty described in txhiblt 'A" attached hereto and I inuorporatna heroin.ao it set out herein in full, upon the It +,!xpresn condition that if the said property shall not be used j i(( {fob public purposes within ten (10) yearzt from date hereof, the I I�q_antor, itr; SuccQssorn and assigna, shall have the right to itlaontvr ind ropoGGeti; &aid property in its first and former i (aft: ate_ TAa tGazu a pul�liC F.uri.ob�p" iflt:lutica wilSlvut_ lituitutiun it Jprivate use in ConneCtia i n with an approved urban renewal project. t� t I �Oncr_ said property has been used for public purposes, the zigtlt {! 1 t.o reenter hereby rCoarved will automatically terminate and no I longer bird said property, 1 i� Documentary Fee - none, gift deed and exa=pt alfoknown tic tcrwtandnumbar 1 90 Central Main a nd 164 Mechanic, Pueblo, CO TO HAVE AND O MOLD the gams. wrtLber with all and ntyolae the apphuLenanes3 ae d pririlct,ca thcrruntn 1 i belonx!nx. or 7u anywise thereunto appertaining, and all the estate. right. Lille, inter.fyt anti claim c what ce — r.of the ao d yntt7 oft tie first part, either in law or tyulty, to the only proper use, benefit and behoorof said part y of .- r.arL i t % 3 "W n 203revtr. i IN WtIWU: 7 WRBRY -'OF. The asrd partY of Lhc feral Fart halh eau" iLa mrporatn name to be hams tm aaivcrilyd b, itr x�eLSSaxdoaa>�xt�eutx.to,at geroral partner rtesri< new ;netxt�t,et�5�r�asoctormcoe<ec _ Baxnytein Itaal Y Ltd, _ f � I General Partner xw*rk f� STATE OF COLOILADO Gavntyof RUeblQ Thn fo+v$ving instrument was ackrpaledxed before gas ibis depot 93,by Morey Bornstein as General partner of Bernstein I2.ialty, Ltd. , a Colorado limited partnership IKY »vhrisl ao uvisaloa expires ,_ W ii neas tray lh"d a ad o tC.el al, aesL 7ua IYmas2,artatac7t j y �wstt�cf EXH 1 131T "W' L'1w 109 ovrr cLAlW re a O-- -:�- r......a_jr..d r.w.. Los c. iwn yr, G.tw.a. -- SenCt future tax notices to: pirtrCtbr of Finance, 1 City Hall Place, Pueblo, co 81003 t A parcel of land located in the City of Pueblo, Pueblo County, Colorado, to -wit; A parcel of land being a part of the W 1/2 of', the NW 1/4 of Section. 31 Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being. more particularly described as follows: BEGINNING at a point from-which the block reference monument in the intersection of River Street and Santa Fe Avenue bears N 62 -39 -45 W a distance of 79.91 feet; thence S 02 -17 -19 L a distance of 186.85 feet to a point on the northerly right -of -way line of the Atchison Topeka and Santa Fe Railroad. right of way; thence S 54 -46 -30 H. along said northerly right of way line to a point on the west right -of- way line of Interstate -25 said point being a point on a non - tangent curve, the radius point of said curve bears N 50 -41 -27 E; thence northerly along the arc of said curve, said curve having a central angle of 29 -15 -06 and a radius of 406.72 feet, a distance of 207.65 feet; thence N 00 -58 -17 W a distance of 357.87 feet; thence S 87 -46 -08 W a distance of 400.52 feet to the POINT OF BEGINNING. Said parcel contain 2.83 acres, more or less. EXHIBIT "C" Recorded at o'clock M., Reception fit: 1017229 Date: 08/31/1993 Tine: Inst.: QUIT Rec Fee: 10.00 Doc Fee: THIS DEED, Made this 1301^ day of 19 93, between Bernstein Realty, Ltd., a limited partnership &&2k) %&Waraduly organized and existing under and by virtue of the laws of the State of Colorado, of the first part, and Pueblo, a Municipal Corporation whose legal address is 1 City Hall Place, Pueblo, Colorado 81003 of the Countyof Pueblo State of Colorado, of the second part, WITNESSETH, That the said party of the first part, for and in considera- tionofthesun One Dollar And Other Good and Valuable Consideration N01pZYM4, to the said party of the first part in hand paid by the said part y of the second part, the receipt whereof is hereby confessed and acknowledged, hath remised, released, sold, conveyed and QUIT CLAIMED, and by these presents doth remise, release, sell, convey and QUIT CLAIM unto the said party of the second part, its succ % " (RFds assigns forever, all the right, title, interest, claim and demand which the said party of the first part hath in and to the following described real property situate, lying and being in the County of Pueblo and State of Colorado, to wit: The real property described in Exhibit "A" attached hereto and incorporated herein as if set out herein in full, upon the `express condition that if the said property shall not be used for public purposes within ten (10) years from date hereof, the '!grantor, its successors and assigns, shall have the right to hreenter and repossess said property in its first and former !estate. The term "public purposes" includes without limitation private use in connection with an approved urban renewal project. Once said property has been used for public purposes, the right Ito reenter hereby reserved will automatically terminate and no Jlonger bind said property. Documentary Fee - none, gift deed and exempt also known as street and number 190 Central Main and 164 Mechanic, Pueblo, CO TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate, right, title, interest and claim whatsoever, of the said party of the first part, either in law or equity, to the only proper use, benefit and behoof of said part y of the second part, its S 1ieXXA s forever. IN WITNESS WHEREOF, The said party of the first part hath caused its corporate name to be hereunto subscribed by its partner Bern stein Realt Ltd. _— �•� . . ... .. u.�. �� By L1 . General/ Pa er k GRADO ' ��k • ss. County of Pueblo *; *+ he fore`g rrrig* x riiment was acknowledged before me this 19 by Morey Bernstein as General Bernstein Realty, Ltd., a Colorado partnership My notarial commission expires Witness my hand and official se 1 (, Notary Public. j No. 108 QUITCLAIM DEED. — Corporation Form– Bradford Publishing Co., Denver, Colorado — 11 -79 Send future tax notices to: Director of Finance, 1 City Hall Place, Pueblo, CO 81001 1252 Boot: 2677 Page: 654 Chris C. Munos 0.00 Page: 1 of 2 Pueblo Co.C1k.&Rec. day of Partner of xft IX4HbdNX limited My notarial commission expires Witness my hand and official se 1 (, Notary Public. j No. 108 QUITCLAIM DEED. — Corporation Form– Bradford Publishing Co., Denver, Colorado — 11 -79 Send future tax notices to: Director of Finance, 1 City Hall Place, Pueblo, CO 81001 1252 Boot: 2677 Page: 654 Chris C. Munos 0.00 Page: 1 of 2 Pueblo Co.C1k.&Rec. Book: 2677 Page: 655 Chris C. Munoz Page: 2 of 2 Pueblo Co.Clk. &Rec. Lots 1 and 2 and the Easterly 24.70 feet of Lot 3, Fractional Lots 15, 16, 17, 18, 19 and 20, and Lots 21, 22, 23, 24, 25 and 26, Block 60, Hobson's Subdivision, Amended, and Lot 2 and Fractional Lots 3, 4, 5 and 6, Block 1, Central Pueblo, and Beginning at the Northwesterly corner of Lot 1, Block 60, Hobson's Subdivision as recorded in Volume 2, Page 17, in the office of the County Cleric; thence southeasterly along the original Atchison, Topeka, and Santa Fe Railroad right -of. -way a distance of approximantely 303.27 feet to a point, said point being the northeasterly corner of Block 60, Hobson's Subdivision; thence Northeasterly 112.32 feet to a point on the original Northeasterly right -of -way of the said railway company, said point being the southeasterly corner. of Lot 15, Block 56, Hobson's Subdivision; thence northwesterly along the original A. T. & S. F. Right -of -way, a distance of 370.82 feet; thence southwesterly a distance of 101.34 feet to the point of beginning, and, all adjacent vacated streets and alleys. All in County of Pueblo, State of Colorado. EXHIBIT "A" R.YCptba Na This DSED, made thle day of ,29 93 between Bernstein Realty, Ltd., a limited partnership >:eust�le r. 9820asOmduly vrxaniaed and, ndsitior under and by virtue of the taut of the `1W a of G olw a-da, of the first part. and kpueblo, A Municipal corporation U hoar IrM4l address iY I City Hall Place, Pueblo Colorado 01003 ufthe Gvu-�YJ PuehlQ that of Jolorado, of th• saaonq part, WtTNE SOXT71. That the %aid patty of the first part, for and in gnai.tora• tiun atlha suits of One Dollar Arid Other Good and Valuable Considerati .' to the sa,a party at tns 91eat part in natid paid by the said part y or the atave.d p►rt. tl+" rv,a164 ..r to l:►retrr c»nfor.rvd end acknowiadge.l, bath rrmisad, reltaaed, void, ugn.tycd ax,i QUIT CLAIMED, a *Q by these pp ..wnts 40111 � I rvmire, rclrx e, of). convey and QUIT CLAIM unto the said part y of the aaeand part its tt1CCt3fiS � :,' swfanr fwru.cs, .11 the right- title_ interest, Claim and demand which the sat4 party of the fist pset Lath in SnA to cite !� follw +..x dt rlboat real propaxty YIL lying end bang in the CDUnt of Puahlo and StatoofColorado,w*W The rcaal propurty described in rxhiblt `A" attached hereto and �3ntoz7�ornxatl herein as If set out herein In full, upon the - jcxpres>a condition that if the said property shall not be used it � for public purposes within ten tI01 yearns from $itte hereof, the jgrantor, its suCCessors and assigns, Ghall have the right to i !;roontvr Lnd repossena paid property in its first and former +A3tute_ Th-t tel public purpob�:," i41Llu4l.y w1l1YUU1. liruitatiun �) private use in connection with an apprcved urban renewal project_ 'Once Amid property has been used for public purposes, the .right II ] reenter hureby reucrved will automatically termi and no I longer bind said property. !� t � �f i� Documentary Fee -- none, gift deed and eat t altoknorn Ito ttrsutandnumber 144 Central Main dad 164 Mechanic, Pueblo, Co TO HAVE Affil TO BOLD the saint tvgetber wit}+ J1 and eingvl"e tl.e appu.&e —r tea at J p.ivi'.eW,. thCMtintn !I i belonit!tXt, or Su anl thereunto appertaining, an4 all the estate. eirht title, intirw t and rlaim whataaevrr,of the Raid pari7 of the flrsk part, either in law or equity, to the only proper uAr benefll and behoof of 3,md part y of the ternnd cart t k sl ssy j �ix`•�'Li �i�,fas tbrever. iN W fr?"aW WHERZOF. The seas party 0f the lust part bath caused ita mrp¢ralq name to be hefrunW aosmc brd i brit. - "CAJameeat ggraral partner yn il0af>m1t � a riser ' I , Bernstein Realty, Ltd. _ A7 General Partner A7Oh0X C STATE OF COLORADO i Lrav "ty of Pl�hlo �. ! Thn forvevinR instrument was arkrvwledxed before tea tbia dayof i 19 93,by Morey Bernstein as General p astnez of An I�oeaMSttarnot i Dernutein Realty, Ltd., a Colorado limited - partneruhip ay gl oomily W ! StW*q"WtK Mr mtarialtntnrDesalOq ray:res , ' lrtnesa uty hau6 aadoff'relal,aaraL EXhIiiIT "B" N*. 10 & QVF r( i.. 404 Deli O�trynaes. l.. e.- a ..4r..1►.Ya + .t• .. ._.. 't;+ Send future tax notices to: piractar of Pinance, 1 city Hail Place, Pueblo, co 81003 A parcel of land located in the City of Pueblo, Pueblo County, Colorado, to -wit; A parcel of land being a part of the W 1/2 of',the NW 1/4 of Section. 31 Township 20 South, Range 64 West of the 6th Principal Meridian, said parcel being. more particularly described as follows: BEGINNING at a point from-which the block reference monument in the intersection of River Street and Santa Fe Avenue bears M 62 -39 -45 W a distance of 79.91 feet; thence S 02 -17 -19 L a distance of 186.85 feet to a point on the northerly right -of -way line of the Atchison Topeka and Santa Fe Railroad. right of way; thence S 54 -46 -30 8, along said northerly right of way line to a point on the west right -of- way line of Interstate- 25 said point being a point on a non - tangent curve, the radius point of said curve bears N 50 -41 -27 E; thence northerly along the arc of said curve, said curve having a central angle of 29 -15 -06 and a radius of 406.72 feet, a distance of 207.65 feet; thence N 00 -58 -17 W a distance of 357.87 feet; thence S 87 -46 -08 W a distance of 400.52 feet to the POINT OF BEGINNING. Said parcel contain 2.83 acres, more or less. EXHIBIT "C" — �w�rsTtle jnsurance o poration NATIONAL HEADQUARTERS RICHMOND, VIRGINIA OWNER'S POLICY SCHEDULE A CASE NUMBER DAT 93 -05 -133 August FILE NUMBER at 2840 1. NAME OF INSURED: E OF POLICY AMOUNT OF INSURANCE POLICY NUMBER 31, 1993 $350,000.00 136 -00- 021450 12:53 P.M. The policy number shown on this schedule must agree with the preprinted number on the cover sheet. Pueblo, a Municipal Corporation 2. THE ESTATE OR INTEREST IN THE LAND DESCRIBED HEREIN AND WHICH IS COVERED BY THIS POLICY IS: Fee Simple 3. THE ESTATE OR INTEREST REFERRED TO HEREIN IS AT DATE OF POLICY VESTED IN: Pueblo, a Municipal Corporation 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: Lots 1 and 2 and the Easterly 24.70 feet of Lot 3, Fractional Lots 15, 16, 17, 18, 19 and 20, and Lots 21, 22, 23, 24, 25 and 26, Block 60, Hobson's Subdivision, Amended, and Lot 2 and Fractional Lots 3, 4, 5 and 6, Block 1, Central Pueblo, and Beginning at the Northwesterly corner of Lot 1, Block 60, Hobson's Subdivision as recorded in Volume 2, Page 17, in the office of the County Clerk; thence southeasterly along the original Atchison, Topeka, and Santa Fe Railroad right -of -way a distance of (Continued on next page) LAWYERS TITLE OF PUEBLO, INC. Co ntersignature 4iit 6rized Officer or Agent Issued at Pueblo, Colorado THIS POLICY IS INVALID UNLESS THE COVER SHEET AND SCHEDULE B ARE ATTACHED. Policy 136 Litho in U. S. A. Form No. 035 -0 -136 -0006 ALTA Owner's Policy (10- 17 -92) lr Form 100 Litho in U.S.A. 035 -0 -100- 0041/2 Law�rsTitle jnsurance Crporatton NATIONAL HEADQUARTERS RICHMOND, VIRGINIA OWNER'S POLICY SCHEDULE B CASE NUMBER DATE OF POLICY POLICY NUMBER 93 -05 -133 August 31, 1993 136 -00- 021450 FILE NUMBER at 12:53 P.M. The policy number shown 2840 on this schedule must agree with the preprinted number on the cover sheet. THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE (AND THE COMPANY WILL NOT PAY COSTS, ATTORNEYS' FEES OR EXPENSES) WHICH ARISE BY REASON OF: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public record. 3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a correct survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and not shown by the public records. 5. Unpatented mining claims; reservations or exceptions in patents or in Act authorizing the issuance thereof; water rights, claims or title to water. 6. Any and all unpaid taxes, assessments and unredeemed tax sales. 7. Any tax or assessment by reason of the inclusion of subject property in the Pueblo Rural Fire District. 8. Right of Way and /or Easement, given to Southern Colorado Power Company, recorded in Book 1531 at Page 518, if found to intersect. 9. Right of Way and /or Easement, given to Centel Corporation, recorded in Book 2402 at Page 686, Instrument No. 865732. 10. Easements, covenants and restrictions as contained in Warranty Deed - recorded August 31, 1993 in Book 2677 at Page 654, Instrument No. 1017229. 11. Statement of lien recorded September 20, 1991, in Book 2559 at Page 599, Instrument No. 956793, for services in boarding up said property. Po o mob OA� I'p���'06