HomeMy WebLinkAbout1978 Ordinance No. 004• •
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INTRODUCED AS A BILL BY COUNCILMAN SMITH.
BY AUTHORITY
ORDINANCE NO. 4 , SERIES OF 1978.
AN ORDINANCE APPROVING A CONTRACT FOR THE EXCHANGE OF REAL
ESTATE WHEREBY THE CITY OF ENGLEWOOD, COLORADO SHALL GRANT
CERTAIN PROPERTY TO THE ESTATE or K. c. ENSOR AND THE
ESTATE OF K. C. ENSOR SHALL GRANT CERTAIN PROPERTY TO THE
CITY OF ENGLEWOOD, COLORADO FOR USE AS A PUMPING STATION.
WHEREAS, the City of Englewood, Colorado is desirous
and in need of constructing a raw water pumping station on
property owned by the Estate of K. c. Ensor for the purpose
of transporting water from the City Ditch to the McLellan
Reservoir; and
WHEREAS, the Estate of K. c. Ensor is desirous of ex-
changing the property needed by the City of Englewood,
Colorado for a parcel of property presently owned by the
City of Englewood, Colorado; and
WHEREAS, a certain parcel of property owned by the
City of Englewood, Colorado is unneeded and useless to the
City of Englewood, Colorado as a raw .water pumping ~tationr
and
WHEREAS, the value of the property to be exchanged is
approximately equivalent.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1.
That the City of Englewood, Colorado and the Estate of
X. C. Ensor shall enter into a contract, identified as
Exhibit "A", titled "Contract to Exchange Real Estate"
which ia attached hereto, consisting of twelve (12) type-
written pages and is incorporated by reference herein, said
instrument providing as follows1
1. That the City of Englewood, Colorado shall grant
to the Estate of K. c. Ensor by Warranty Deed with excep-
tions property as described in Exhibit "B" which reads as
follows:
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A tract of ground containing 1.24 acres, more or less, located
in the SE 1/4 of Section 31, Township S South Range 68 West
of the 6th P.M., in Arapahoe County, State of Colorado, des-
cribed as follows:
Beginning at the Southea•t corner of Section 31, Township 5
South, Range 68 West of the 6th P.M.1 thence 0°31'00" East
along the East line of said Section 31, on a true bearing,
a distance of 2147.8 feet1 thence South 84°50'23" West .a
distance of 399.5 feet; thence South 2°21'37" East a dis-
tance of 217.0 feet to the point of beginning; thence North
89°29'00" West a distance of 290.0 feet; thence South
0°31'00" West a distance of 170.0 feet; thence South
89°29'00" East a distance of 320.0 feet; thence North
0°31'00" East a distance of 170.0 feet; thence North
89°29'00" West a distance of 30.0 feet; to the true point
of beginning. All located in the SE 1/4 of Section 31~
Township 5 South, Range 68 West of the 6th P.M., Arapahoe
County, State of Colorado.
2. That the City of Englewood, Colorado shall grant to
the Estate of K. c. Ensor substantially the same property as
previously described but said property to be granted by Quit
Claim Deed for the purposes of clearing title as shown on
Exhibit "C".
3. That the Estate of K. C. Ensor shall grant to the
City of Englewood, Colorado property as described on
Exhibit "D" which reads as follows:
A part of the SW 1/4 of Section 32, Township 5 South, Range
68 West of the 6th P.M., Arapahoe County, State of Colorado,
described as follows:
Beginning at the Southwest corner of the NW 1/4 of the SW 1/4
of said Section 32; thence North 89°26'49" East along the
South line of the NW 1/4 of the SW 1/4 of said Section 32, a
distance of 483.43 feet; thence North 0°31'31" West 732.37 feet;
thence South 81°15'31" East 522.00 feet; thence South 72°49'31"
East 513.00 feet to a point on the Westerly right of way line
of State Highway 85; thence North 21°11' East along the
Westerly right of way line of State Highway 85 a distance of
649.76 feet; thence North 87°14'51" West 124.97 feet to the
true point of beginning; thence South 21°37'49" West 100.0
feet; thence South 68°22'11" East 41.0 feet to the centerline
of City Ditch; thence Northeasterly along the centerline of
the City Ditch 102.0 feet; thence North 68°22'11" West a dis-
tance of 50.0 feet to the point of beginning, except the
Ely. 25' thereof, which is existing City Ditch R.O.W. Said
• parcel contains 0.047 Acres +.
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4. That the City of Englewood, Colorado shall retain · an
easement over certain portions of that property granted to the
Estate of K. c. Ensor.
S. That the equipment contained within the pumphouse on
the property to be granted to the Estate of K. c. Ensor shall
remain the property of the City of Englewood, Colorado subject
to removal upon written notice to the City of Englewood,
Colorado.
6. That each of the parties shall pay for the cost of
title insurance on property to be received by them.
7. That each of the parties shall grant free and clear
title to the other.
• 8. That closing shall be within Sixty (60) days of the
effective date of this Ordinance or Ninety (90) days subject
to extension, should there be a defect in the title of either
party upon approval of the grantee of said property.
9. That the City of Englewood, Colorado shall have an
easement over the property of the Estate of K. c. Ensor for
convenient access to the parcel described in Exhibit "D" until
written notice is given of termination •
Section 2.
The City Council of the City of Englewood, Colorado
hereby authorizes· the Mayor of the City of Englewood, Colorado,
to the City Council of the City of Englewood, Colorado and the
Director of Finance, ex officio City Clerk-Treasurer, attest
the same and execute the Warranty Deed and Quit Claim Deed,
as well as the contract to exchange property ·and any other
documents necessary to perfect title in the Estate of K. C.
Ensor, and furthermore, those documents necessary to receive
that property to be granted by the Estate of K. c. Ensor to
the City of Englewood, Colorado.
Introduced, read in full and passed on first reading on
the 6th day of Feb., 1978.
Published as Bill for an Ordinance on the 8th day of
Feb. , 1978 •
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Read by title and passed on final reading on the 21st
day of February , 1978.
Published by title as Ordinance No. 4 , Series of
1978, on the 21st day of February, 1978.
ATTEST:
I, William D. James, do hereby certify that the above and
foregoing is a true, accurate and complete copy of the Ordinance,
passed on final reading and published by title, as Ordinance
No. 4 , Series of 1978.
ex officio Clerk-Treasurer
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