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HomeMy WebLinkAbout6367RESOLUTION NO. 6367 A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION AND ARKANSAS VALLEY TECHNOLOGIES, INC., A TEXAS CORPORATION RELATING TO THE TRANSFER OF LAND AT PUEBLO MEMORIAL AIRPORT AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE THE AGREEMENT AND THE WARRANTY DEED THEREIN DESCRIBED BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, COLORADO, that: The City Council does hereby find and determine as follows: (a) There now exists in the City of Pueblo and has existed for a number of years unemployment constituting an econonic and social liability impairing and arresting the sound growth, economic development and stability of the City. (b) The prevention and elimination of unemployment and the social and economic evils associated therewith are proper public purposes and matters of local and municipal concern which justify the expenditure of public funds. (c) The City is the owner by conveyance from the United States Government of land known as the Pueblo Memorial Airport and it would be in the best interests of the City and in the public interests if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes. (d) Arkansas Valley Technologies, Inc. has determined to construct on land at Pueblo Memorial Airport an approximately 10,000 square foot manufacturing facility with office space (herein "Project "). (e) Arkansas Valley Technologies, Inc. believes it will employ and has committed to the City that it will use its best efforts in good faith to employ twenty -five (25) full -time employees at the Project by July 1, 1990. (f) The property described in the Agreement between the City and Arkansas Valley Technologies, Inc. attached hereto is surplus to the City's needs. (g) The construction of the Project will stimulate and promote industrial activity at Pueblo Memorial Airport thereby creating employment opportunities for the citizens of the City, greater use of airport facilities and increased aeronautical activities. (h) The execution and performance of the Agreement between the City and Arkansas Valley Technologies, Inc. are in the best interests of the City and its citizens and will promote the public health, safety, commerce, prosperity and general welfare of the City and its citizens. !T/1T T/\1T 7 The Agreement between the City of Pueblo, a Municipal Cor- poration and Arkansas Valley Technologies, Inc., a Texas Corporation, dated February 13, 1989, the original of which is on file in the office of the City Clerk and incorporated herein as if set out herein in full, having been approved as to form by the City Attorney, is hereby approved. SECTION 3 The President of the City Council is hereby authorized and directed to execute for and on behalf of the City the Agreement -2- and the Warranty Deed substantially in the form of Exhibit "A" attached thereto and the City Clerk is directed to affix the seal of the City thereto and attest same. INTRODUCED: April 24, 1989 JOHN CALIFANO Councilman ATTEST: APPROVED: c ty Clerk Pre ident of the City Council TJ 33.23 -3- OFFICE OF THE CITY ATTORNEY 127 Thatcher Building PUEBLO, COLORADO 81003 MEMORANDUM TO: Members of the City Council and City Manager FROM: City Attorney DATE: April 19, 1989 RE: Transfer of Land to Arkansas Valley Technologies, Inc. The attached Resolution authorizes the transfer of 4.94 acres of airport land to Arkansas Valley Technologies, Inc. (the "Company ") for $5.00. Company under its agreement with City has committed to construct a 10,000 square foot facility on the land within 9 months and use its best efforts in good faith to employ at its facility twenty - five (25) full -time employees on or before July 1, 1990. The City has agreed at its cost to remove excess dirt stockpiled on the land and perform earthwork for a storm water detention facility. Company has also been given a two ( 2 ) year option to acquire an additional 5 acres of land at the airport upon identical terms and conditions. Company has not provided the City with any financial information showing that the Company is financially capable of performing its obligations under the agreement with the City except confidential financial information of another company which has been forwarded to you. Since the other company will not guarantee the performance and obligations of Arkansas Valley Technologies, Inc., the City has no documented information that Arkansas Valley Technologies, Inc. has the financial ability to perform its obligations with the City. Thomas E. Jagger 35.30/jp Attachment AGREEMENT THIS AGREEMENT entered into this 13th day of February, 1989 between the CITY OF PUEBLO, A MUNICIPAL CORPORATION (herein "City ") and ARKANSAS VALLEY TECHNOLOGIES, INC., a Texas Corporation authorized to do business in the State of Colorado (herein "Company "), WITNESSETH: WHEREAS, City is the owner by conveyance from the United States Government of certain land known as the Pueblo Memorial Airport, Pueblo County, Colorado, and WHEREAS, it would be in the best interest of the City and in the public interest if portions of the Airport land not required for aviation or airport use be transferred and be reused and developed for industrial purposes, and WHEREAS, such reuse and development of portions of the Airport industrial land would increase the tax base and avail- ability of jobs and promote the economic expansion of the City, and WHEREAS, the property described herein is surplus property no longer of need or use to the City, and WHEREAS, Company has proposed a plan for the reuse and development of a portion of the Airport land for industrial use. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, City and Company agree as follows: 1. Sale and Purchase (a) City does hereby sell, and Company does hereby purchase upon the terms and conditions herein, for a purchase price of $5.00 (herein "Purchase Price ") payable as herein provided, approximately 5 acres, more or less, of unimproved real property in its present condition located at Pueblo Memorial Airport, Pueblo County, Colorado described in Exhibit "A" attached hereto and incorporated herein (herein "Property "). Company acknowledges that City owns the Property subject to restrictions in the deed to the City recorded in Book 1074, Page 87, Instrument No. 819072 of the records of the Clerk and Recorder of Pueblo County, Colorado. (b) The Purchase Price will be paid in full at closing. 2. Conveyance The City shall convey title to the Property to Company by general Warranty Deed substantially in the form of Exhibit "A" attached hereto and incorporated herein, free of liens, encumbrances, taxes and assessments. At closing, the deed will be duly executed and acknowledged for recording. 3. Closing The closing of the transaction contemplated by this Agreement shall be in Pueblo, Colorado at a time and date designated by the City, on or before May 31, 1989 (herein "closing date "). The closing date hereunder may be changed without amendment to this Agreement by mutual written consent of City and Company and both parties shall be reasonable in consenting to changes in the closing date in order to comply with the conditions precedent to closing set forth in paragraph 4. If the closing does not take place on or before the closing date or such later date as City and Company shall mutually agree to in writing, this Agreement shall become null and void. 4. Conditions Precedent to Closing. The purchase and sale herein contemplated is contingent upon and subject to the follow- ing: (a) Receipt by Company, at Company's option, of a standard ALTA owners title insurance policy, or commitment therefor, in the amount of the estimated value of the Property as improved satisfactory to Company, insuring title to the Property free of liens, encumbrances, taxes and assessments. All costs and premium for such title insurance shall be paid by Company. (b) Prior approval of the Federal Aviation Administra- tion (herein "F.A.A. ") and its issuance of all necessary Deeds of Release for the Property. (c) Pueblo County granting an exemption from its sub - division regulations for the Property or the inclusion of the Property in an approved subdivision. (d) Completion by Company, at Company's option, of environmental and soils surveys and tests of the Property showing the Property to be, in Company's sole opinion, in an acceptable environmental condition and suitable for construction of Company's facilities. Such environmental and soils surveys and tests shall be conducted by Company at its sole cost and expense. If any of the above conditions precedent to closing are not complied with prior to closing, Company or City may terminate this Agreement and each party shall be released from all obliga- tions hereunder. 5. Company's Representations Company represents, warrants and agrees, subject to closing, as follows: (a) Company shall construct and equip on the Property an approximately 10,000 square foot manufacturing facility with office space (herein "facility") and will operate its facility in a manner which will be advantageous to the economic development of the City and County of Pueblo, Colorado as set forth herein. The facility will be constructed in accordance with plans and specifi- cations, including parking, site development and landscaping plans, approved by City, which approval will not be unreasonably withheld or delayed, and in compliance with applicable federal, state, and local law, regulations and codes. Company estimates -2- that the facility will be operational within nine (9) months after date of closing. If Company does not commence construction of its facility in accordance with plans and specifications therefor approved by the City within six (6) months after closing and thereafter without unreasonable delay pursue its completion and take all action necessary and required therefor, Company shall, in exchange for its original purchase price, reconvey to City title to the Property by Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, reservations and easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. (b) Company shall, at its own expense, cause all utilities and roads used or to be used by the Company on the Property to be extended from William White Boulevard and William White Place to the Property and installed upon the Property and shall maintain and keep in good repair all such roads and utility extensions. (c) Company shall keep and maintain the Property and all improvements thereon including landscaping in a good, clean, safe and orderly condition, free of waste, rubbish, debris and trash and will enclose and screen from public view by a solid fence all unsightly areas of the Property and those areas used for storage. (d) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system, now in effect or hereafter adopted and amended. Company shall only discharge domestic waste water from the Property. If Company discharges waste water from the Property other than into City's sanitary sewer system, Company shall obtain all permits and ease- ments required therefor. City will cooperate with Company in obtaining such permits and easements provided City incurs no expense or liability relating thereto. (e) Company shall comply with notifications and review requirements of the F.A.A. prior to construction, modification or alteration of any building or structure on the Property. (f) Company shall pay to City a combined service fee for services and facilities now furnished by City at the Pueblo Memorial Airport, namely: sewage treatment, public street maintenance, fire protection, and street lighting based upon $295.00 per acre per annum payable monthly for each acre of land conveyed to Company hereunder. City may, from time to time, reduce or eliminate any or all of the services or facilities -3- presently being furnished and may modify, increase, or decrease the annual combined service fee provided (i) such services and fee shall be non - discriminatory among other tenants and owners of land at Pueblo Memorial Airport receiving such services and facilities, and (ii) such fee shall be reasonable in relation to City's actual cost and expense of furnishing the services and facilities then being furnished. City's cost may include the cost of capital improvements amortized over the useful life of the improvements. If domestic waste water discharged from the Property is transport- ed to and treated at City's waste water treatment facilities not located at Pueblo Memorial Airport, Company and the waste water so transported and treated will be subject to the same restrictions, limitations, conditions, fees, and charges as other users of said facilities and waste water so transported and treated, and the combined service fee provided for in this paragraph will be reduced by an amount equal to the component thereof attributable to sewage treatment. (g) Company agrees and acknowledges that neither City nor any of its officers, employees or agents has made any repre- sentation or warranty concerning or relating to the operation, maintenance or continuance of the Pueblo Memorial Airport or any public areas or facilities located at the Pueblo Memorial Airport. (h) The Property to be conveyed to Company hereunder is a portion of land City is developing into an industrial park. City in developing the industrial park intends to prepare and record appropriate restrictive covenants restricting the develop- ment and use of the land adjacent to the Property to industrial and commercial development and uses which are generally compatible with Company's contemplated use for the Property. City agrees to consult with Company in the preparation of such restrictive covenants for the industrial park. City further agrees that such restrictive covenants will not require modification of Company's use of the Property on the date the restrictive covenants are recorded. Company shall subordinate the Property to such restrictive covenants and, if requested by the City to do so, will execute and record an instrument subjecting the Property thereto. (i) Company acknowledges and agrees that the creation of jobs by Company is the primary purpose and the major considera- tion to the City for the transfer of the Property hereunder. Therefore, Company agrees that it will use its best efforts in good faith to employ at its facility on the Property twenty -five (25) full -time employees on or before July 1, 1990. (j) At the request of City, Company shall meet and in good faith confer with the City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof including, without limitation, the Property, becomes eligible for annexation. (k) Company shall provide for storm water drainage which shall include the construction and installation of storm -4- water detention facilities on the Property. The detention facility shall be capable of storing the developed on -site runoff from a 100 -year frequency storm. The maximum release rate from the detention facility at the ponding depth corresponding to the 10 -year volume shall be .30 cfs /acre and 1.00 cfs /area for the 100 -year ponding depth. All calculations and details shall conform with the City of Pueblo Storm Drainage Criteria Manual. The point of discharge from the detention facility shall be at a location approved by the Director of Public Works. 6. Surveys and Tests. City grants Company the immediate right to enter the Property and to make such surveys and tests on the Property as the Company deems necessary. Company agrees to indemnify and hold City, its officers, employees and agents harm- less from and against all claims, actions, suits, costs, liabili- ties, interest and attorney fees resulting from or arising out of Company's entry upon or use of the Property prior to closing. 7. Purchase Option. If Company is not in default here- under, and for a period of two (2) years after closing date, Company shall have the option to purchase for the purchase price of $10.00 per acre an additional parcel of land of approximately five (5) acres at Pueblo Memorial Airport (the "Option Land ") for the purpose of establishing another manufacturing facility, conditioned upon and subject to the following: (a) The location of the Option Property will be mutual- ly acceptable to City and Company. The facility to be constructed on the Option Property and the use thereof will be compatible with other businesses and industries at the Pueblo Memorial Airport industrial park, City's development plans for the Pueblo Memorial Airport industrial park, and City's land transfer policy and procedures. (b) The transfer of the Option Property and development thereof by Company will not cause or result in any cost or expense to the City. (c) Company agreeing in writing delivered at the time of notice of exercise of the option to ( i ) construct and equip an additional 10,000 or more square foot manufacturing facility upon the Option Land and describing those facilities, and (ii) use its best efforts in good faith to employ at its facilities to be constructed on the Option Land twenty -five (25) full -time employ- ees within twelve (12) months from date of closing of the purchase of the Option Land. (d) The option hereby granted may not be assigned or transferred by Company. Any such attempted assignment or transfer shall be void and unenforceable. (e) The option hereby granted shall be exercised by Company by delivering to City on or before the expiration of two (2) years from the date of closing, Company's written notice of -5- its exercise of the option accompanied by the written agreement described in paragraph 7(c) above. If Company does not give timely notice of its exercise of this option before its expiration, this option shall automatically terminate. If Company timely exercises its option, the sale and purchase shall be closed in Pueblo, Colo- rado within ninety (90) days after receipt by the City of Company's written notice to exercise and agreement. (f) Company and City refer to and specifically incorpo- rate into this paragraph 7 all of the terms, provisions and condi- tions of this Agreement (except this paragraph -*, the same as if set forth herein in full. Any reference to "Property" in the Agree- ment as incorporated herein shall be to the Option Land. Any refer- ence to "this Agreement" in the Agreement incorporated herein shall be to this paragraph 7. If any term, condition or provision of this Agreement as incorporated herein is inconsistent or conflicts with any term, condition or provision of this paragraph 7, the terms, provisions and conditions of this paragraph 7 shall control to the extent only of such inconsistency or conflict. V_ B. City's Representations (a) The City represents that as of the date of this Agreement, to the best of City's knowledge, there are no legal suits or proceedings pending or threatened against the City in which an unfavorable decision, ruling or finding would adversely affect the Property. (b) City will at its cost (i) remove the pile of excess dirt which has been temporarily stockpiled on the Property, and (ii) perform all earthwork necessary for the construction of the storm water detention facility required to be constructed by Company under paragraph 5(k) hereof, provided the plans and design thereof are first approved by the Director of Public Works. 9. Colorado Law. This Agreement shall be governed by the laws of the State of Colorado and shall be construed in accordance therewith. Time is of the essence hereof. 10. Complete Understanding_. This Agreement constitutes the complete understanding and agreement of the parties and supersedes any and all prior oral and written agreements, understandings or representations between the parties regarding the subject matter hereof. 11. No Waiver. No provision of this Agreement may be waived except by an agreement in writing signed by the waiving party. A waiver of any term or provision shall not be construed as a waiver of any other term or provision. 12. Binding Effect. This Agreement shall be binding on the parties, their heirs, executors, administrators, successors or approved assigns. The parties agree to do any and all things necessary to effectuate the purposes of this Agreement. -6- 13. Construction. Throughout this Agreement, the singular shall include the plural; the plural shall include the singular; and the masculine and neuter shall include the feminine, wherever the context so requires. 14. Text to Control. The headings of sections are included solely for convenience of reference. If any conflict between any heading and the text of this Agreement exists, the text shall control. 15. Severability. If any provision of this Agreement is declared by any court of competent jurisdiction to be invalid for any reason, such invalidity shall not effect the remaining provi- sions. On the contrary, such remaining provisions shall be fully severable, and this Agreement shall be construed and enforced as if such invalid provisions had never been inserted in the Agreement. 16. Amendment This Agreement may be amended, altered or revoked at any time, in whole or in part, only by filing with this Agreement a written instrument setting forth such changes, signed by the parties hereto, except as otherwise provided in Section 3. 17. No Assignment. The Company shall not assign this Agree- ment or any interest therein without the prior written consent of the City. Any such assignment without the prior written consent of the City shall be void. 18. Notices. All notices required to be given by this Agree- ment shall be made in writing and served either by: a. personal delivery to the party requiring notice; or b. mailing notice via the U.S. Mail to the last known address of the party requiring notice, by first class mail, postage prepaid. Effective date of the notice shall be the date of the personal delivery as specified in paragraph a. above or four (4) days after the date the notice was deposited in the U.S. Mail as specified in paragraph b. above. For purposes of this section, the initial addresses of the parties hereto shall be as follows: Arkansas Valley Technologies, Inc. City Manager c/o Thomas T. Farley City of Pueblo 650 Thatcher Building 1 City Hall Place Pueblo, CO 81003 Pueblo, Colorado 81003 19. Survival of Covenants and Representatio The covenants, representations and warranties made by each party herein shall survive the closing for the benefit of the other party. -7- 20. Non - Exclusive Use of Roads. City grants to Company a non - exclusive easement and right -of -way over and across William White Boulevard and William White Place for purposes of ingress to and egress from U.S. Highway 50 -B to and from the Property. City reserves the right to repair, modify, alter, change, relocate, temporarily close and provide detours therefor, and redesignate such roads. Immediately upon the dedication by the City of the roads, or any portion thereof, to the public, the easement and right -of -way granted by this paragraph shall cease and terminate as to the roads or portions thereof so dedicated. IN WITNESS WHEREOF, the Company has caused this Agreement to be executed by its duly authorized officers, and the City has caused this Agreement to be executed by its duly authorized representatives both on the day and year first written above. Arkansas Valley Technologies, Inc. [S E A Ll _ r, ATTEST: l� BY v` Secretary President [S E A L] CITY OF EBLO, A MUNICIPAL CORPORATION vj ATTEST: BY ' ty Clerk Pre ident of the City Council TEJ 31.46 -8- WO.M8012 RECORDED / AP R 2 7 1989 '"!KO courM. COLORADO ! - r9 d P M WARRANTY DEED M2444 FMF 2A THIS DEED, made this oWA' day of /'41 ail 1981 by and between the CITY OF PUEBLO, a Municipal Corporation, existing under the laws of the State of Colorado (herein "City") and ARKANSAS VALLEY TECHNOLOGIES, INC., a Texas Corporation (herein "Company "), WITNESSETH: That the City for and in consideration of the sum of $5.00 and other good and valuable consideration to the City in hand paid by the Company, the receipt whereof is hereby confessed and acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto the Company, its successors and assigns forever, all the real property situate, lying and being at Pueblo Memorial Airport, County of Pueblo, State of Colorado, more particularly described in Exhibit "A" attached hereto and incorporated herein (herein "Property), with all its appurtenances, and warrant the title to the same, subject to restrictions, reservations, rights of way, and easements of record and easements for the existing sanitary and storm sewer, water and natural gas lines located on or crossing the Property, and to the following covenants, conditions, and restrictions which are and shall be construed to be covenants running with the land described herein and binding upon the Company, its successors and assigns and inuring to the benefit of the City, its successors and assigns. 1. City reserves unto itself and its successors and assigns, for use and benefit of the public, a right of flight for EXHIBIT "A" 9=2444 PxF 29 the passage of aircraft in the airspace above the surface of the Property, together with the right to cause in the airspace above the surface of the Property such noise as may be inherent in the operation of any aircraft now known or hereafter used for naviga- tion of or flight in said airspace, and for use of the airspace above the surface of the Property for landing on, taking off from, or operation on or over the Pueblo Memorial Airport. 2. Company expressly agrees for itself, its successors and assigns to restrict the height of structures, objects of natural growth and other obstructions on the Property, to a height of not more than 4,670 feet above the mean sea level. 3. Company expressly agrees for itself, its successors and assigns, that it will prevent any use of the Property which would interfere with landing or taking off of aircraft at the Pueblo Memorial Airport, or otherwise constitute an airport hazard. 4. The Property and its use are further subject to the following Restrictive Covenants: (a) The Property may be used only for manufacturing facili- ties and incidential office and warehouse uses. The Property shall not be used for smelting or commercial plating operations, or for the storage or processing of putrescible materials, or for any purpose or business which constitutes a nuisance, or which exceeds the state air pollution control standards for the facility. Gasoline or diesel fuel used in connection with the business conducted on the Property but not for sale at retail or wholesale may be stored on the Property in an environmentally sound manner. (b) Parking areas for vehicles and roads on the Property shall be paved. (c) The Property shall not be subdivided and no building or structure over forty -five (45) feet in height shall be installed or constructed on the Property. (d) No structure or building shall be constructed or installed within the following minimum yard set - backs: front yard (William White Place), thirty -five (35) feet; side yard (William -2- wm2444 PmF White Boulevard), sixty -five (65) feet; other side and rear yards, twenty -five (25) feet. There must be installed and maintained a minimum strip of living landscaped ground within the yard set - backs and adjacent to abutting streets as follows: William White Place, twenty -five (25) feet; William White Boulevard, thirty -five (35) feet; other abutting streets, fifteen (15) feet. (e) The Property owner shall at all times keep and maintain the Property and all buildings, landscaping and improvements located thereon in a good, clean, safe and orderly condition free of waste, rubbish, debris and trash,, and enclose and screen from public view all outside storage and unsightly areas of the Property and those used for storage. (f) Before commencing the construction, installation or alteration of any building, structure, parking facility, outdoor sign, or other permanent improvement, or landscaping on the Property, the Company shall submit to and have. approved by the City in writing the site plans and plans and specifications therefor. City's approval will not be unreasonably withheld. In the event the City or its designated representatives shall fail to approve or disapprove such plans and specifications within twenty - five (25) working days after they have been submitted to the City, such approval will not be required and this covenant will be deemed to have been complied with. All buildings, improvements and activities on the Property shall be constructed and conducted in compliance with all applicable federal, state and local law, regulations, and codes. (g) Waste water discharged from the Property into City's sanitary sewer system and Company's use thereof are limited by and subject to the available treatment capacity of City's waste water treatment facilities and City's sewer user, industrial cost recovery, high strength surcharge, and pretreatment ordinances, rules and regulations applicable to City's sanitary sewer system, now in effect or hereafter adopted or amended. Company shall only discharge domestic waste water into City's sanitary sewer system. If Company discharges waste water from the Property other than into City's sanitary sewer system, Company shall obtain all permits and easements required therefor. City will cooperate with Company in obtaining such permits and easements provided City incurs no expense or liability relating thereto. (h) City reserves the right to waive all or any part of these Restrictive Covenants. 5. If Company does not commence construction on the Property of an approximately 10,000 square foot manufacturing facility within six (6) months from date .hereof and thereafter, without unreasonable delay, pursue their completion and take all 30 -3- eomt2444 w 31 action necessary and required therefor, Company shall reconvey to City marketable title to the Property by Special Warranty Deed free of all liens, claims, encumbrances, taxes, restrictions, reservations, easements and rights of way placed thereon by the acts or defaults of Company. The term "commence construction" means the pouring of footings and foundations. 6. At the request of City, Company shall meet and in good faith confer with City concerning the annexation of the Property to the City when the Pueblo Memorial Airport, or any part thereof, including without limitation, the Property becomes eligible for annexation. 7. Invalidation of any one of the foregoing covenants, conditions, restrictions or reservations by judgment or court order or otherwise shall not affect any of the other of said covenants, reservations, restrictions or conditions which shall remain in full force and effect. 8. City shall have the right to enforce the restrictions, covenants and conditions hereof by injunction or other lawful procedure and to recover damages, costs, expenses, including reasonable attorney fees, resulting from any violation thereof or arising out of their enforcement. r ; . CITY OF PUEBLO, ��� , A MUNICIPAL CORPORATION A T T:--1 `' By Pre ident of the City Council - y '' -4- m2444 PAGF 32 [S E A L) ARKANSAS VALLEY TECHNOLOGIES, INC. ATTEST: By yy [V President Secretary COUNTY OF PUEBLO ) ) ss. STATE OF COLORADO ) The foregoing instrument was acknowled before me this d 7 day of 19�� by as President of the Ci y Council of Pueblo, Colorado and Marian D..Mead as City Clerk of the City of Pueblo, Colorado. Witness my hand and official seal. a �S,My / e(o #mission expires: f /-/3- '7 "E E-vA LT �* • ', C-) i Notary Public COUNty OF .. ) s s . STATE OF The fore oing instrument was acknowledged before me this day of . 19 by 9�7 �� ,. as President and as Secretary of Arkansas Valley Technologies, Inc., a Tex s corporation. Witness my hand and official seal. My commission expires: _I`t [S E A L] Notary Public 60 S &'k_ P � T TEJ 31.47 -5- 8MR2444 KGE 33 w A parcel of land located in the N 112 of the SE 1/4 of Section 26, 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 Northeast corner of said Section 26 bears N 18 E (bearings based on the North line of said Section 26 to bear N 89 W), a distance of 2,824.05 feet; thence S 01 E, a distance of 513.64 feet; thence S 88 W, a distance of 419.03 feet; thence N 01 W, a distance of 513.64 feet; thence N 88 E, a distance of 419.03 feet to the point of beginning. Said parcel contains 4.94 acres more or less EXHIBIT "A" Ilk �n, Recorded at.- -- -- ReceptionNo ............. .......... -............... - - - -- -- NOV 2 4 1989 90 2 468 PAG3 "9 Tms DEED, Made this 1st day of November , 19 89 , between Arkansas Valley Technologies, In a Texas Corporation of the County of Travis and State of Texas - of the first part, and pueblo, a Municipal Corporation , 1 City Hall Place, Pueblo, CO of the County of Pueblo and State of Colorado, of the second part; WITNESSETH, That the said part Y of the first part, for and in consideration of the sum Of Ten Dollars and Other Good and Valuable Consideration l&=� to the said part Y of the first part, in hand paid by the said part Y of the second part, the receipt whereof is hereby confessed and aclmowledged, ha s granted, bargained, sold and conveyed, and by these presents do e s grant, bargain, sell, convey and confirm unto the said part y of the second part, its su ISIff s assigns forever, all the following described lot or parcel of land, situate, lying and being in the County of Pueblo and State of Colorado, to wit: A parcel of land located in the N1 /2 of the SE 1/4 of Section 26, 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 Northeast corner of said Section 26 bears N18 0 01 1 14" E (bearings based on the North line of said Section 26 to bear N89 °10'48 "W), a distance of 2,824.05 feet; thence S01 °57'57" E, a distance of 513.64 feet; thence S88 °02'03" W, a distance of 419.03 feet; thence N 01 0 57'57" W, a distance of 513.64 feet; thence N 88 °0 E, a distance of 419.03 feet to the point of beginning Said parcel contains 4.94 acres more or less NO STATE DOCUMENTARY FEE - EXEMPT Together with all and singular the hereditaments and appurtenances thereunto belonging, or in any- wise 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 said part y of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances; TO HAVE AND TO HOLD the said premises above bar- gained and described, with the appurtenances, unto Pueblo, a Municipal Corporation the said part y of the second part,its suc lax and assigns forever. Andthesaid Arkansas Valley Technologies, Inc. part y of the first part, for it sel f , its succ�ri & VM jUtrxtW do e s covenant, grant, bargain and agree to and with the said part y of the second part, i t s s u 9fiM s aH assigns, the above bargained premises in the quiet and peaceable possession of said part y of the second part, its suc fi6 s assigns, against all and every person or persons lawfully claiming or to claim the whole or any part thereof, by, through or under the said part y of the first part to WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said part y of the first part ha s hereunto set hand and seal the day and year first above written. $�$ ------------------------------------------------------ [SEAL] (SEAL,) ` ARKA SAS VALLEY TECHNOLOGIES, INC. �.ttesf _ �� (--------------------- - - - - -- B - �,• ; q '��, ::,.,.. President •• Secretary � :: ��,.• � • ------- ----- ----------- --- -- •-- -----I --------- - - - - -- -------------------- ---- -- -- -- ---- -- -------- -- ---- - STATE OF MOWK County of Travis The foregoing instrument was acknowledged before me this 1st day of NOV ,4r ;4 19 89 ,by' Harish K. Malkani as President and Cindy Henn ing Secretary of Arkansas Valley Technologies, Inc., a Texas, Corporation My commission expires ' 19 . Witness my hand and official seal. i i , n .. State CINDY TOOMS -NuiiG - - - -- - NOTARY PUBLIC State of Telas y,.n gg r��qqpp������ pp���gg����,�pp6� or names; if by person acting in representative or official capacity or as attorney -in -fa Hitt name '6Tpers Zl attorney -in -Pact or other capacity or description; if by officer of oor- porationn,, then insert name of such officer or officers, as the president or other officers of such corporation, naming it.— Statutory A71a; �ledyment; Session 1927. ssors s No. 16 SPECIAL WARRANTY DMM,-a:adford Publishing Co., 182" Stoat Sftvs% Doavm: Colorado -10-74