HomeMy WebLinkAbout6966RESOLUTION NO. 6966
A RESOLUTION AUTHORIZING THE ACQUISITION
OF CERTAIN REAL PROPERTY COMMONLY KNOWN AS
819 W. NORTHERN AVENUE, PUEBLO, COLORADO
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The President of City Council is hereby authorized to execute a
sales contract, approved as to form by the City Attorney, for the purchase
of the real property located in the City of Pueblo, County of Pueblo, and
State of Colorado, and legally described as "Lots 12 and 13, and all of
the vacated alley lying east of and adjacent to said Lots 12 and 13,
Block 54, in the Town of Bessemer, now a part of the City of Pueblo,
according to the amended plat of said Town, filed for record August 24,
1887, for a sum not to exceed $112,000, plus reasonable relocation
expenses. The acquisition of such property is hereby approved.
SECTION 2
Funds for the purchase of this property will be paid from the
1992 "112 Cent Sales Tax" Fund.
INTRODUCED July 13 , 1992
Ci - t c-
BY: JOHN CALIFANO
Council Person
APPROVED:
esident of the Council
TRANSAMERICA TITLE INSURANCE COMPANY
POLICY OF TITLE INSURANCE
SCHEDULE A
Amount of Insurance: $ 112,000.00 Policy No.: 7550282
Date of Policy: September 28, 1992 at 3:24 P.M.
1. Name of Insured:
City of 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:
City of Pueblo, a Municipal Corporation
4. The land referred to in this Policy is described as follows:
(SEE ATTACHED PAGE FOR LEGAL DESCRIPTION)
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No.: 7550282
LEGAL DESCRIPTION
Lots 12 and 13, and all vacated alley lying East of and adjacent to said
Lots 12 and 13, Block 54, in the Town of Bessemer, now a part of the City
of Pueblo, according to the Amended Plat of said Town, filed for record
August 13, 1887, County of Pueblo, State of Colorado
Page 2
TRANSAMERICA TITLE INSURANCE COMPANY
Policy No.: 7550282
SCHEDULE B
This Policy does not insure against loss or damage by reason of the
following:
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 records.
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
theretofore or hereafter furnished, imposed by law and not shown by
the public records.
5. Taxes due and payable; and any tax, special assessments, charge or
lien imposed for water or sewer service, or for any other special
taxing district. The 1991 General taxes paid, according to tax
certificate dated September 28, 1992.
6. Terms, conditions, and stipulations as contained in Map showing
alley changes in Block 54, Bessemer, dated May 1, 1964 and recorded
June 12, 1964 in Book 1546 at Page 838.
7. Reservation as contained in instrument recorded June 12, 1964 in
Book 1546 at Page 836, reserving to the City of Pueblo, upon the
South 96.14 feet and the North 141.14 feet of said alley the right
to construct, maintain, and remove sewers, water pipes and
appurtenances, and to authorize construction of the same, and is
given subject to the continued right of utility owners to maintain
and oiperate electric light and power lines, telephone lines, gas
mains and pipes, and the right of ingress and egress to accomplish
the same.
8. A Non- exclusive Reciprocal Easement Deed and Agreement between
Metropolitan Life Insurance Company and Midland Federal Savings and
Loan Association, recorded January 21, 1983 in Book 2143 at Page
913, copy attached hereto for reference.
Page 3
10'71001.2 RECORDED .3 ' / C) 21196a
WUL0C0UWCC0ft0W REQUESTED BY AND
WHEN RECORDED MAIL TO:
METROPOLITAN LIFE INSURANCE COMPANY.
2855 Campus Drive
San Mateo, California 94403
Attn: David Monetta, Esquire
RECIPROCAL EASEMENT DEED AND AGREEMENT
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This Reciprocal Easement Deed is made and given
this 20th day of Deceber 1982 by and • between Metro -
polita fe Insurance Company (hereinafter referred to as
"Metropolitan ") and Midland Federal Savings and Loan Associ-
ation (hereinafter referred to as "Midland "). This Deed is
based upon premises as follows:
PREMISES
Metropolitan is the fee owner of certain real prop-
erty situated in Pueblo County, Colorado, more particularly
described as follows:
Lots 11, 14, 15 and 16, and the vacated alley adja-
cent to said Lots 11 and 16; Block 54 in the Town of
Bessemer, now a part of the City of Pueblo, County of
Pueblo, State of Colorado.
Midland is the owner in fee simple of certain prop-
erty situated within the County of Pueblo, State of
Colorado, described as follows:
Lots 12 and 13, and all of the vacated blley lying
East and adjacent to said Lbts 12 and 13, $lock 54 in
the Town of Bessemer now part of the City of Pueblo,
County of Pueblo, State of Colorado.
Upon both the aforesaid properties (and, in the case
-of Metropolitan, upon certain adjacent property) there are
presently situated improvements which are used as commercial
business properties. Midland desires to further develop its
property for use as a different, although still commercial,
property. Both parties feel that access to the said prop-
erties is important to promote nusiness conducted thereon.
DEED AND AGREEMENT
In order to enhance access to 4.ne respective proper-
ties and in consideration for their wutual undertakings
c "'
: so%2143 ixE 914
hereunder and other good and valuable consideration, the
receipt of which is hereby acknowledged, the parties do
hereby agree as follows:
1. Metropolitan does hereby grant to Midland a non-
exclusive easement for ingress and egress over and across
that property described as follows:
The South 25 feet of Lot 11, all of the vacated
alley lying East and adjacent to the said South
25 feet of Lot 11, the West 15 feet of the
South 25 feet of Lot 16 and the West 15 feet of
Lots 14 and 15, all in Block 54, Town of aesse-
mer, City of Pueblo, County of Pueblo, State of
Colorado.
2. Midland does hereby grant to Metropolitan a non-
exclusive easement for ingress and egress over and across
real property described as follows:
All of the vacated alley lying East and adja-
cent to Lots 12 and 13, Block 54 in the Town of
Bessemer now part of the City of Pueblo, County
of Pueblo, State of Colorado.
3. The easement granted within paragraph 1 above
shall be appurtenant to and shall run with .the aforesaid
property owned by Midland and shall be a burden upon the
aforesaid property owned by Metropolitan. The easement
granted in paragraph 2 above shall be appurtenant to and
shall run with the aforesaid property owned by Metropolitan
and shall be a burden upon the aforesaid property owned by
Midland. Both of these said easements shall be perpetual "in
nature.
4. The parties hereto agree that the use to be
made of such easements will be that fairly anticipated for
use by the owners, their lessees, and the customers,
licensees, invitees, and employees of the owners and their
lessees, in the operation of retail commercial establish-
ments, including retail operations of the kind presently
existing upon the respective properties, and specifically
including a branch operation of a savings and loan associa-
tion, including what is commonly called a 'drive -up teller"
facility. Neither party hereto shall allow its present or
future tenants to use the property across which said ease-
ments run in any manner inconsistent with this Easement Deed
and Agreement.
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I 36 1 1 1 _ 0 J___ __-
w2143 PACE%5
S. The parties do mutually agree to share and con-
tribute to the maintenance and repairs of the area within
the aforesaid easements. All maintenance and repaira:snall
be done in a first class manner. At present, that entire
area is covered by asphalt pavement appropriate for vehicu-
lar traffic. The party which owns the fee underlying each
easement may procure maintenance or repair services for the
easement area. The expense to be incurred for such mainte-
nance or repair shall be reasonaole and generally in keeping
with trade practices for people providing repair services of
the kind required in the Pueblo, Colorado area. The said
fee owner shall present a statement to the adjacent land-
owner whose property is benefitted by the said easement and
the said adjacent owner shall, within 30 days of receipt of
such invoice, remit one -half of the amount expended for
repair. If the said adjacent owner fails to so contribute,
the fee owner shall have a cause of action for the amount
wrongfully withheld from contribution by the said adjacent
owner, including, but not limited to the costs of collection
and specifically including reasonable attorney's fees. If
the fee owner does not repair the surface as such repair is
reasonably required, the adjacent landowner may so repair
with the above language of contribution to apply by trans-
posing the roles of fee owner and adjacent landowner for
purposes of seeking and collecting contribution. The
amounts so expended and billed to the other party shall con-
stitute a lien upon the property of said other party. The
interest of each grantee in and to such easements shall oe
fully vested and not subject to divestiture for failure to
so contribute. The rights and duties set forth herein shall
be binding upon and inure to the oenefit of the successors
and assigns of the parties hereto.
6. Each party agrees to indemnify and save the
other party harmless from all demands, claims, causes of
action or judgments, and all reasonable expenses incurred in
investigating or resisting the same, for injury to person,
loss of life or damage to property occurring on the easement
area owned in fee by the indemnifying pa'cty, except if
caused by the act or neglect of the other party, its
contractors, agents or employees.
7. Metropolitan and Midland each hereby reservPs
and shall have the right, from time to time, to relocate at
their expense the area of the easement created herein, pro-
vided that such relocation shall provide similar access.
Such right to relocate shall include the right to develop
and improve pact or all of the air space above the property
described in paragraphs 1 and 2 above. Any such relocation
shall be effective and shall be incorporated in this Agcee-
ment when a written instrument describing such relocation in
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i
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w2143 ma=
reasonable detail has been executed, acknowledged and
recorded by Metropolitan and Midland in the Official Recocds
of Pueblo County, Colorado.
8. Nothing contained in this Agreement shall be
deemed to be a gift or dedication to the general public or
for any public purpose whatsoever, and.this Agreement. shall
be strictly limited to and for the purposes expressed herein.
9. Metropolitan and Midland each reserves the
right to grant to others the non - exclusive right to use the
Road for street purposes, including vehicular and pedestrian
use. Metropolitan and Midland each further reserves the
right to dedicate to any public entity, from time to time,
the Road, or any portion thereof.
10. No breach of any provision of this Agreement
shall entitle any party to terminate this Agreement, but
this limitation shall not affect in any manner any other
rights or remedies which a party may have by reason of any
such breach.
11. The remedies permitted or available pursuant to
the provisions of this Agreement shall not be exclusive but
shall be cumulative with all other rights and remedies
available at law or in equity.
12. Midland hereby represents that the real prop-
erty described in Paragraph 2 hereinabove is not encumbered
by a mortgage, deed of trust, lease, easement, right of way
or any other encumbrance whatsoever as of the date hereof
except for a purchase money mortgage in favor of Thomas C.
Gilmore with a current principal balance of approximately
Fifty -Five Thousand Dollars (155,000). Midland agrees to
indemnify and hold Metropolitan harmless from all demands,
claims, causes of action or judgments based on any encum-
brance existing on or prior to the date this Agreement is
recorded on the real property described in Paragraph 2 here -
inabove. Midland further agrees to reimburse Metropolitan
for all reasonable expenses it may incur as a result of any
such demand, claim, cause of action or judgment including,
but not limited to, expenses incurred in investigating or
resisting the same and reasonable attorney's fees. Midland
acKnowledges that Metropolitan is celying•on the representa-
tions and indemnifications stated in this paragraph as a
material inducement to execute this Agreement.
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i
0
13. This Agreement shall 'not become effecti4e un-
less and until it is recorded in the official recocds'of the
Pueblo County Recorder.
IN WITNESS WHEREOF, the parties hereto have set . their
hands and seals the day and year above first written.
ATTEST: iETROPOLITAN LIFE INSURANCE Cah?A:�SY "•
A New Y k Corporation ti
(Seal) BY:
Its: Assistant V'ce Pre A ?:•�•"
Assistant Secretary
,i !
S isi • � s
MIDLAND FEDERAL SAVINGS AND LOAN
�'` •: = ASSOCIATION
sea }•Ja
�fPitt 1S BYs 1t. A 1 �:G�`� •�
Itat Senior Vice President
5 �
Secretary
UNDERSIGNED, AS OWNER OF A LEASEHOLD INTEREST IN THE
ABOVE- DESCRIBED REAL PROPERTY OWNED IN .tEE BY METROPOLITAN,
JOINS IN THE EXECUTION OF THIS RECIPROCAL EASEMENT DEED AND
AGREEMENT TO INDICATE ITS CONSENT HERETO.
SAFEWAY STORES, �CORPORATED,
a :Maryland co ation
ICs ass tan V ce President
By
Its'A stern Secretary
-5-
X2143 toW
STATE OF CALIFORNIA)
) S3.
COUNTY OF SAN MATEO)
On this 6 day of ► 1U 191,
before me appeared U= at T
to me personally known,
who, being by me duly sworn, id say that he is the
of METROPOLITAN LIFE INSURANCE COMPANY, a New York
corporation.------- - - - - -- and that
the seal affixed to the foregoing instrument is the corporate
seal of said corporation and that said instrument was signed
and sealed in behalf of said corporation by authority of its
Board of Directors and the said ����,i �d J•y �
acknowledged said
instrument to be the free act and deed of said corporation.
At I I I I (�PAA._)
+wnw.Nw.,..w+rwawe
F1 C 1A L `il.. \L 00A.�V.Xglv — ""
DIANE MARIE 6ERG1 Notary Pub l c In and r t e
-�' wor�wr 0, 111-C c.4'._ftA% Y
$A01 , COVN above named State and Coun
y commission expires: - __ / ('g']�
STATE OF COLORADO ) 2855 Campus Drive
►ss. San t•tateo, CA 94403
COUNTY OF DENVER )
Tne foregoing instrument was acknowledged before me
this 13th day of
J nua . 1982, -by Joe B. Sullivan
yen W� Vice President
and as Secr
o Midland Federal Savings and
Loan Association.
TNESS my
hand and official seal.
.'.�1 expires: 12/08/84
Notary Public
t iF
o•. .• Lpt
444 i'th Street
-'•;: N....,...N�
Denver. C,O -0202
Ad:lcess
-6-
102143 VU 919
STATE OF CALIFORNIA )
) ss.
COUNTY OF ALAMEDA )
CORPORATE
The foregoing instrument was acknowledged before me this
20t
day of 19 82 ,
b 1 1. K. Phares
,as
Assistant Vice President, ad
S'lti"�EN J. GOUIG
as
Assistant Secretary, of SAFE4A.Y
STORES, INCORPORATED,
a
Maryland corporation, a corporation duly organized
and
existing under and by virtue of
the laws of the State
of
California.
WITNESS my hand and official seal.
My notarial commission expires:_
Marrh-.A- 1985
`�((111l
(Notarial Seal) „ »Mr
» ».•
"" p AP
Notary Puolic, in
for the County
and
of
.A
H
iA
Alameda, State
California.
of
Mfr w yrae -..
4th i Jackson Streets
CA 94660
(Colorado Acknowledgement)
,Oakland,
.. - .,,r. -,w I ^ "- - '-
A . 004S
tio'Aer wa_rC
t
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na b sew�H.•• ••F'• `1.. :I
-7-
TRANSAMERICA TITLE INSURANCE COMPANY
627 North Main Street
Pueblo, Co 81003
(719) 543-0451
Escrow Officer: PAT SALBATO
SR ESCROW OFFICER
BUYER'S CLOSING STATEMENT
Buyer(s): CITY OF PUEBLO, A MUNICIPAL CORPORATION Seller(s): LESLIE L. ROBINSON
Property: 819 WEST NORTHERN
PUEBLO, COLORADO 81004
Lots 12 & 13, Block 54,Bessemer 8 W 1/2
+E 1/2 vac alley adj
Contract sales price
MOVING & RELOCATION AND MISC. EXPENSES
PRORATIONS:
COUNTY TAXES (1991 TAXES- - $1609.62)
LENDER CHARGES:
RESERVES:
TITLE CHARGES:
CLOSING FEE--RESIDENTIAL
TAX CERTIFICATES AND ASSESSORS FEE
RECORDING FEES, TRANSFER TAXES:
Warranty Deed
DOCUMENTARY FEE
ADDITIONAL CHARGES:
RECEIPT DUE FROM BUYER
01/01/92 to 09/22/92
Title No. : 75502a2
Date : September 22, 1992
DEBIT CREDIT
5112,000.00
25,800.00
1,165.43
100.00
25.00
5.00
11.20
136,775.77
$137,941.20 $137,941.20
THE ABOVE DEDUCTIONS, ADJUSTMENTS, DISBURSEMENTS ARE HEREBY AUTHORIZED AND APPROVED.
CITY OF PUEBLO, A MUNICIPAL CORPORATION Broker
BY
BY
THOMAS E. JAG E , CITY ATTORNEY
Transamerica Title Insurance Company
By
N0.98C AIG RE CO RDED 3 S E P 2 8 1992
GUESLO C {?LINTY, COLORADO
W A R R A N T Y D E E D
THIS DEED, Made this 22ND, day of SEPTEMBER, 1992 between
LESLIE L. ROBINSON
30D2616 _235
of the County of PUEBLO and State of COLORADO, grantor, and CITY OF PUEBLO, A
MUNICIPAL CORPORATION
a corporation organized and existing under and by virtue of the laws of the State of
COLORADO, grantee:
whose legal address is 1 CITY HALL PLACE, PUEBLO, COLORAD 81003
WITNESSETH: That the grantor, for and in consideration of the sum of ONE HUNDRED
TWELVE THOUSAND AND 00 /100, ($112,000.00) DOLLARS, 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
successors and assigns forever, all the real property together with improvements, if
any, situate,lying and being in the County of PUEBLO and State of Colorado, described
as follows:
Lots 12 and 13, and all vacated alley lying East of and adjacent to said Lots 12 and
13, Block 54, in the Town of Bessemer, now a part of the City of Pueblo, according to
the Amended Plat of said Town, filed for record August 13, 1887, County of Pueblo,
State of Colorado
((' ((.. 5. 18 .-:
also known by street and number as 819 WEST NORTHERN, PUEBLO, COLORADO 81004
TOGETHER with all and singular the hereditaments and appurtenances thereunto
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.
` TO HAVE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the grantee, its successors and assigns forever. And the grantor,
for himself, his heirs and personal representatives, does covenant, grant, bargain,
aqd agree to and with the grantee, its successors and assigns, that at the time of the
ensealing and delivery of these presents, he is well seized of the premises above
conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in
law, in fee simple, and has good right, full power and lawful authority to grant,
bargain, seil and convey the same in manner and form as aforesaid, and that the same
are free and clear from all former and other grants, bargains, sales, liens, taxes,
assessments, encumbrances and restrictions of whatever kind or nature soever, except
general taxes for 1992 and subsequent years; except easements, restrictions,
covenants, conditions, reservations and rights of way of record, if any;
The grantor shall and will WARRANT AND FOREVER DEFEND above - bargains
in the quiet and peaceable possession of the grantee „Xts s cessors and ss
all and every person or persons lawfully claiming the whole o any part yher
The singular number shall include the plural, the pal t sin ar, and
gender shall be applicable to all genders.
IN WITNESS WHEREOF, The grantor has exe ute d s� fob
1
STATE OF COLORADO
County of PUEBLO
LESLIE L. ROBINSON
LESLIE L. "8INSON
ml es
s, against
of any
}
} ss. The foregoing instrument was acknowledged before me
} this 22ND, day of SEPTEMBER, 1992, by
My commission expires May 23, 1993
Witness my hand and official seal.
,
NOTARY PUBLIC
627 North Main Street
Pueblo, COLORADO 81003
REAL ESTATE WATER AND SEWER AGREEMENT
Escrow No.: 7550282
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: 819 WEST NORTHERN, PUEBLO, COLORADO 81004, that as of the date of closing
the water and sewer status is:
Per verbal information from THE BOARD OF WATER WORKS
ACCOUNT IS: METERED
BASED ON THE ABOVE INFORMATION:
Escrow Agent HAS NOT ADJUSTED FOR WATER AND SEWER, ADJUSTMENT AS REQUIRED,
WILL BE MADE BETWEEN PARTIES AND ARE NOT A PART OF THIS ESCROW.
SELLER ASSUMES RESPONSIBILITY FOR THE FINAL WATER BILL.
IT IS FURTHER UNDERSTOOD AND AGREED BETWEEN THE PURCHASERS AND SELLERS THAT THIS IS A
FINAL SETTLEMENT AND HEREBY RELIEVE ESCROW AGENT OF ALL FURTHER LIABILITY AND
RESPONSIBILITY.
This Agreement executed this 22ND, day of SEPTEMBER, 1992
APPROVED AND ACCEPTED:
Purchaser(s)
CITY OF PUEBLO, A MUNICIPAL CORPORATION
Seller(s)
LESLIE L. ROBINSON
BY
THOMAS E. JAG ER, CITY ATTORNEY
REAL ESTATE TAX AGREEMENT
Escrow No.: 7550282
It is hereby understood and agreed between the purchaser(s) and seller(s) of property
known as: 819 WEST NORTHERN
PUEBLO, COLORADO 81004
that taxes for the current year have been adjusted as of this date as follows:
BASIS FOR PRORATION
Taxes have been prorated on the basis of the previous year's taxes.
AGREEMENT FOR READJUSTMENT
The above tax proration is considered to be final settlement.
ASSESSMENTS
It is further understood and agreed between the purchasers and the sellers that:
Special improvements now in are paid in full.
OTHER THAN TAX INFORMATION DISCLOSED ON THE CERTIFICATE OF TAXES DUE, THE INFORMATION
ABOVE WAS OBTAINED BY TELEPHONE FROM THE COUNTY ASSESSOR'S /TREASURER'S OFFICE AND /OR
APPROPRIATE CITY AUTHORITY. WE ACKNOWLEDGE THAT TRANSAMERICA TITLE INSURANCE COMPANY
SHALL NOT BE RESPONSIBLE FOR ANY READJUSTMENT OF TAXES AFTER CLOSING. WE HEREBY
RELEASE TRANSAMERICA TITLE INSURANCE COMPANY FROM ANY AND ALL LIABILITY FOR THE
ACCURACY OF THE VERBAL OR WRITTEN INFORMATION RECEIVED.
APPROVED AND ACCEPTED:
Purchaser(s)
CITY OF PUEBLO, A MUNICIPAL CORPORATION
BY
THOMAS E. JA G R, CITY ATTORNEY
Seller(s)
LESLIE L. ROBINSON
This agreement executed this 22ND, day of SEPTEMBER, 1992.
ESCROW NO.: 7550282