HomeMy WebLinkAbout1968 Ordinance No. 005118
Introduced •• a Bill by COuncilaen Lone.
BY AU'l'llORI'l'Y
ORDDIAllCB llO. 5, SBRIBS OP 1968
All ORDillAllCB AU'l'llORIZDIG '1'llB PURCllASB BY TBB CITY OF
arGLBllOOD OP cmtrAD RDL BS'l'A'l'B AllD TBB DIPROVBllBll'l'S 'l'HBRBOll
LOCATBD AT 3400 SOU'l'll BLATI STRBBT, BlllGLBllOOD, COLORAD01
DIRBCTDIG 'l'llAT M>TICB BB GIVBll TO TBB 01lllBRS OP TBB PROPBRTY OF
'1118 OPl'IOR TO PtJRCllASB SAm PROPBRTY1 AllD DBCLARDIG All BMBR-
GBllCY.
WBBRBAS, purauant to Peoples' Ordinance llo. 3, Series
of 1964, approved by the qualified elector• of the City of
Bnglewood at a apecial municipal election duly called and held
on Bov.-ber 3, 1964, ti)• City was authorized to enter into a
l•••• with c.A. Borqren CClllpany, ~e owner at the tille of the
real eatate and the improvement• located at 3400 South Blati
Str .. t, in BDCJlewood, COlorado, auch property hereafter referred
to a• •real eatate and improvements•: and
WBBRBAS, the City did aubaequently enter into a lease
with the owner of the real eatate and improvement•, which lease
wa• ... nded in certain reapect• by written inatrument dated
Dec911ber 1, 1966, and recorded in book no. 1719, page no. 372
of th• record• of the county Recorder, County of Arapahoe,
State of COlorado, and which amendment amended that portion of the
original leaae known aa "Tract 1 of Bxhibit A," thereto to read
•• follow•, to wit~
•'l'RACT Ia
'l'hat portion of Lot 9, Block 1, McKinley'•
Subdiviaion, 2nd Piling, City of Bnglewood, Colorado, lying north
of th• following demcribed boundry1 Beginning at a point on the
eaat boundary of Lot 2 or Block 2, •aid point being 10 feet
north of the aoutheaat corner of aaid Lot 2r thence weaterly and
parallel to the aouth boundary of Lota 2 and 3 a diatance of
152.41 f .. t to the P.c. of a curve to the left, having a radius
of 275.93 feetr thence aouthweaterly along the arc of said curve
58.00 f .. t 110r• or le•• to a point on the eaaterly boundary of
aaid Lot tr aaid point being the True Point of Beginning: thence
continuing along aaid curve, and aero•• aaid Lot 9, 110.25 feet
110r• or l••• to a Point of Teminua lying on the weat boundary
Of •aid Lot 9 I
ALSO
Borth 450 feet of the Baat ~ of the SB1/4BWL/4SWL/4,
Section 34, Townahip 4 South, Range 68 Weat, BXCBPT the West 17
f .. t thereof a• demcribed in Book 632 at page 156, County of
Arapahoe, State of COlorado, and BXCBPi' that portion of the
aorth 450 feet of the Bl/2SB1/48Wl/4 of Section 34, T.4S,R.68W.
of the 6th P.M., City of Bnglewood, Colorado, lying south of the
following deacribed boundarya Beginning at a point lying 17.0
f .. t eaat of the aouthweat corner of the Borth 450 feet Bl/2SB1/4SW1/481fl/4
of aaid Section 34: thence eaaterly along the south boundary of
aaid parcel 153.91 f .. t to the P.C. of a curve to the left having
a radiu• of 266.88 f .. t, thence along the arc of aaid curve to the
left 170.75 feet 110re or leaa to a point on the eaat line of the
8Wl/48Wl/4 of aaid Section 34.
SU8JBCT 'ft),
and,
1. Building and zoning ordinance•.
I. General real property taxea for 1964 payable in 1965.
3. Special iaprov .. ent diatrict aaaesmnents certified
to the office of Arapahoe county Treasurer prior
to cc enc .. ent of the term of this lease.
4. Right of way to conatruct, operate and maintain
telephone and telegraph line• over and across tract
of land in the Bl/2SB1/48Wl/48Wl/4 of Seetion· · _.,.
34, MS, Range 68 Weat, •aid under9round conduit
to be located adjacent to and p~ellel to Bast
line thereof, a• granted in instrmnent from
C.A. Borgren Co., to the Mountain States Telephone
and Telegraph CCIDpany.
5. Baa ... nt in the City of Bnglewood for the benefit
of the ~lie over and acroas a portion of the
leaaed pr .. 1••• aa granted by an Basement GrSlt
dated Decmber 1, 1966 frCID Longmont Company,
Walter A. Koelbel, C.A. Borgren Co., George B.
Allen, Kenneth A. Heron and City of Englewood
•• (lrantora to City of Bnglewood as Grantee."
WllBRBAS, the City ha• continuoualy occupied the property
Ii ..
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I
I
I
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demcribed in the original leaae, and the property described in
•aid wndllent to aaid leaM from the apecified dates thereof,
and,
llllBRBAS, 'l'he preaent Leaae provide• for the City to
have the right to purchaae the real eatate and improvements
fraa th• owner at any time during the f irat thirty year• of
th• tera of the Leaao. for the purchaae price aa more particularly
atated in the Leaae, and upon notice given to the owner, in the
ti.lie and .. nner aet forth therein1 and
1111BRBAS, the City Council ha• determined that it ia
in the beat intereat of the City and the inhabitant• thereof
to acquire by purchaM aaid real eatate and improvement•:
BB IT ORDAillBD BY '1'BB CITY COUllCIL OF '1'HB CITY OF
B8GLBllOCI), COLORADO I
Section 1. '!hat the City ahall acquire by purchase
th• real eatate and improvement• thereon, located at 3400 s.
Blati Street, Bnglewood, Colorado, for uae aa a municipal
building. 'l'h• purcha•• price to be paid by the City for
auch property ahall not exceed the mount of $1,100,000.00
a• 110re particulary ••tezained by the applicable provisions of
preaent Leaae, aet forth in Peoples' Ordinance Bo. 3, Series of
1964, referred to above.
Section 2. 'l'hat notice of the intent to purchase shall
be given to the preaent owner or owners, in accordance with the
ter11a of the Leaae. In addition, a copy of this Ordinance·
authorising the acquiaition of auch property shall be forwarded
to the preaent owner or ownera.
Section 3. '!'hat the Mayor and the Director of Finance
are hereby authOrlsed and directed on behalf of the City of
BnglMfOOd, to execute all neceaaary documents and proceedings
relating to the acquiaition of the real eatate and improvements,
and the Botice to the preaent owner or ownera of the intention
of th• City to acquire auch property.
sr;tiop 4. '!'hat if any one or more aection• .or parts
of thi• Ord D.nce ahall be adjudged unenforceable or invalid,
auch juclgllent ahall not affect, impair or invalidate the remain-
ing proviaiona of thi• Ordinance, it being the intention that
the varioua proviaiona hereof are aeverable.
tlP"Pv 5. 'that by reaaon of the fact that it ia necea-
•ary for ~cl~ tO acquire the real eatate and the improvements
thereon referred to in thi• Ordinance at the earlieat possible
date, it i• hereby declared that an emergency exiata and that
thia Ordinance i• for the ilmaediate preaervation of the public
property, health, peace, and aafety, and •hall take effect upon
it• final paa•~•· ·
S19ti~ 6. 'l'hat thi• Ordinance, after it• final passage,
•hall be recor~ in the City Ordinance Book kept for that purpose,
ahall be authenticated by the aignaturea of the Mayor and Director
of Finance, and •hall be publiahed in the Bnglewood Herald and
Bnterpriae, a newapaper having general circulation in the City,
within aeven daya after it• final paaaage.
Introduced, read in full, paaaed on first reading and
unanil'OUaly approved by a quorum preaent at 'a apeeial meeting of
th• City CO\Dlcil of the City of Bnglewood,· held on the 29th day
of January, A.D., 1968.
Paaaed on final reading · by the City Council of the City
of Bngl9U'OOd at a regular ... ting of City Council held on the 5th
day of Pebruary. A.D., 1968 and ordered publiahed in full in the
Jln9lewood Herald and BntarpriH. ~-.
~W.~Ar0-
Mayor . ~
Atteats