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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 I'tt< << soDK214a w:.%3 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. -2- 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 -3- i . r 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. -4- 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 �'. . 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