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HomeMy WebLinkAbout1976 Ordinance No. 056• • 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 -1- • • • 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. -2- • • • • 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 L -- 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 -3 -