HomeMy WebLinkAbout1976 Ordinance No. 056•
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INTRODUCED AS A BILL BY COUNCILMAN CLAYTON
BY AUTHORITY
ORDINANCE NO. 56 , SERIES OF 1976
AN ORDINANCE APPROVING A CONTRACT TO SELL 850 SQUARE FEET
OF LAND IN THE EMERSON MINI PARK AREA TO JOHN W. AND
DENISE L. FRAZIER.
WHEREAS, the City of Englewood, Colorado, is desirous
of selling, and John W. and Denise L. Frazier is desirous of
buying, 850 square feet of land, in the Emerson Mini Park area,
more fully described below.
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 John W. and
Denise L. Frazier shall enter into a Contract to Sell and
Purchase (raw land) according to the provisions of that cer-
tain written instrument captioned "Contract to Sell and Pur-
chase (Raw Land)", which is attached hereto, consisting of
three (3) typewritten pages and is hereby incorporated by
reference herein. Said instrument provides as follows:
1. That the City of Englewood has received Fifty
($50.00) Dollars, as earnest money and part
payment for the following deRcribed real
estate situate in the Co~nty of Arapahoe,
Colorado, to-wit:
That portion of the SW 1/4 of the NW 1/4
of Section 35, Township 4 South, Range 68 _
West of the 6th P.M., described as follows:
Beginning 504.4 feet East and 394.9 feet
South of Northwest corner of SW 1/4 of
NW 1/4 of Section 35; thence West 100 feet;
thence South 63 feet to the true point of
beginning; thence East 70 feet; thence on an
angle to the right of 18°26'06" a distance
of 31.62 feet to a point; thence West 100
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feet to a point, said point being on the east
right-of-way line of South Emerson Street;
thence north along said east right-of-way line
a distance of 10 feet to the true point of
beginning; said tract containing 850 square
feet,
State of Colorado.
2. The purchase price of said parcel of land
shall be Three Hundred Fifty-seven ($357.00)
Dollars, payable as follows: Fifty ($50.00)
Dollars already received as earnest money and
receipted for, and Three Hundred Seven ($307.00)
Dollars at closing, in certified funds, made
payable to the City of Englewood, Colorado.
3. The real estate is primarily raw land and is
sold as such with those improvements, shrubs
and trees presently located thereon.
4.
5 .
6 .
The City has made no warranties as to title and
purchasers admi t that none have been made.
The City shall deliver a Quit Claim Deed for said
real estate to pur c hasers on or before the 24th
day of November, 1976, with the hour and place
of closing being as desiganted by the seller.
Possession of pre mises shall be delivered to
purchasers on the date of closing.
Time is of the essence, and if any payment or
any other condit i on is not made tendered, or
performed by purchasers as provided, then said
contract shall, a t the election of the seller,
be null and void an d of no effect, and all parties
are released from all obligations thereunder and
all payments made shall be retained on behalf of
the seller as l i quidated damages.
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7. In the event seller fails to approve said
instrument in w.t'iting on or before October 18,
1976, then said contract shall be nu~l and void
and the purchasers shall be entitled to return
of all earnest money.
8. Upon approval by the seller, said contract
shall become a contract between seller and pur-
chaser and shall inure to the benefit of the
heirs, successors and assigns of said parties.
Section 2 .
The City Council of the City of Englewood, Colorado,
hereby a uthorizes the Mayor of the City of Englewood, Colorado,
to subs cribe his name to said contract on and in behalf of
the City Council and the City of Englewood, Colorado, and
the Director of Finance, ex officio City Clerk-Treasurer
attest t he same and execute a Quit Claim Deed necessary to
perfect t he transfer of t i tle.
Introduced, read in full and pass~d on first reading
on the 1 8th day of October, 1976.
Published as a Bill for an Ordinance on the 20th day
of Octobe r, 1976.
Read by title and passed on final reading on the 1st
day of November, 1976.
Published by title as Ordinance No.
1976, on the 3rd day of November, 1976.
ATTEST:
--lld:5~6~-' Series of
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I, Wil iam D. James, do hereby certify that the above
and fore going is a true, accurate and complete copy of the
Or dinance, passed on final reading and published by title as
Or dinance No. 56 , Serie 3 of 1976 •
ex City
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