HomeMy WebLinkAbout1965 Ordinance No. 002•• . ,
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Introduced aa a Bill by Council.man Allen
BY AU'l'HORITY
ORDiltAllCB RO. 2, SBRIBS OP 1965
All ORDDIAllCB AU'l'llORIZIRG ARD DIRBCTIRG TBB BXBCU'l'IOR OP AR AGRBBMBN'l' FOR THE
SALB BY TBB CITY OP BllGLBWOOD, COLORADO, A MURICIPAL CORPORATION, TO JACK E.
1fMJBRBLAST, OP A CBR'l'AIR PORTIOR OP REALTY FOR WHICH TBB CI'l'Y NO LONGER HAS ANY USE,
TBB TBRll8 OF 11BICll AGRBBllDT ARB SBT PORTH IR '1'BB BODY OP THIS ORDIRANCE IN FULL •
BB IT ORDAD1BD BY THE CITY COUIJCIL OP THE CITY OP BHGLBllOOD, COLORADO:
Section 1. The llayor and the City Clerk are hereby authorized and directed on
behalf of the City of Bn9lewood, Colorado, a Municipal Corporation, to siqn and
execute an Aqre-ent for the •ale of the property described below, the terms of which
•hall read a• followa1
AGRBlllBIT
THIS AGRBBllBllT, made thi• 15th day of February, 1965, by and
between JACK B. WAGDJBLAST, hereinafter referred to as "Purchaser" and
the City of Bn9lewood, a Colorado municipal corporation organized pur-
aullfat to Article XX of the Conatitution of the State of Colorado,
hereinafter referred to a• "Seller•:
WITBBSSBTH1
1'BllRBAS, Seller preaently own• a certain parcel of realty, toqether with
a certain buildin9 located thereon, located in the City of Enqlewood, County
of Arapahoe and State of Colorado, which realty is described as follows,
to-wits
and,
A portion of Section 34, Townahip 4 South Ranqe 68 West of the
6th P.M., and all of Lot• 1 and 2, FLOOD'S ADDITIOR ro BHGLEWOOD
accordinq to the recorded plat thereof, in the County of Arapahoe,
State of Colorado, more particularly described as follows:
Beqinning at the Southeast corner of •aid Lot 2, FLOOD'S ADDITION
TO DIGLBllOOD: thence Rort:h, alonq the Weat line of Bannock Street
175 feet: thence Weat and parallel with the South line of said
Lot 2, 233.5 feet: thence South, parallel with the West line of
South Bannock Street 175 feet, more or le•• to the point of
interaection with the South line of aaid Lot 2, extended Westerly:
thence Ba•t along •aid South line of Lot 2 a• extended, 233.5 feet
to point of beqinninq.
11BBRBAS, aaid realty and buildinq were, previous to January 1, 1965, beinq
uaed by aaid Seller aa a City Hall, but the paaaa9e of People's Ordinance No. 3,
Serie• of 1964, authorized and directed the City Council of Seller to execute a
leaae to obtain poaaeasion of another portion of realty, toqether with improve-
.. nt• thereon, deacribed in said Ordinance, for the use thereof as the City Hall
of Seller and to abandon uae of the hereinabove described realty and buildinq:
and
1111BRBAS, purauant to the directions contained in said People's Ordinance
llo. 3, Serie• of 1964, authorized aqenta of aaid City have executed said lease,
ao that the hereinabove described realty and the buildinq located thereon no
longer conatitute• the City Ball of Seller, but it is beinq used merely as
t 14rary quarter• pending removal to the realty described in said Ordinance,
and aaid City shall have no uae for aaid ~-~~etJbuildinq aubaequen~ to said
removal: and
WBBRBAS, Purchaaer ia deairou• of buyinq the hereinabove described realty
but ha• no uae for, and doe• not desire to buy, the buildinq located thereon:
and
11BBRBAS, the City Council of Seller, after due inveatiqation has determined
that the price Purchaaer i• willinq to pay for aaid realty, without said buildinq,
i• equal to the value of aaid realty and aaid buildinq, toqether: and
11BZRBAS, by reason of the foreqoing, Seller deairea to sell to Purchaser
the tforeaaid realty, but to retain title to the buildinq thereon:
llOlr TBBRBPORB, it i• hereby covenated and agreed as follows:
1. In conaideration of Seller'• conveyance to Purchaser by qeneral
warranty deed of Selle~'• title to the hereinabove deacribed realty, without
the building preaently located thereon, and of the performance by Seller of
the other obligation• hereby aaauaed by it, Purchaaer agrees to pay to Seller
the total aua of $176,000.00, which aua ahall be paid to Seller in the followinq
11aDDer1
A. The au. of $9,600.00 to be paid upon the execution of this
Aqr-.it, receipt of which ia hereby acknowledged by Seller:
B. 'lhe remaining balance of $166,400.00 plus or minus adjust-
.. nta for water and aewer aervice fee• and prepaid insurance premiums,
which ahall be pro-rated to the date of the delivery of the deed, shall
be paid at the time of the cloain9 of title.
dlJl~30?. ....
2. Title to aaid realty ahall be cloaed on or before April 5, 1965,
at which tille Seller ahall deliver to Purchaaer inaqood and sufficient
warranty deed, conveyinq the aforementioned realty, but not includinq the
buildinq preaently located thereon, to Purchaaer, hia heirs and assiqns,
free and clear of any liena, encmnbrancea, reatrictiona, or reservations,
except for the followinq1
A. 'l'hoae reatrictiona deacribed in the coamitment for title
inaarance. referred to in paraqraph 3 hereofr
a. 'lhoae reatrictiona contained within that aqreement be-
tween Seller and Rew Bnqlewood, Inc. referred to in paraqraph 7
hereof r
c. Any lien for taxea, the payment of which becomes due
aubaequent to delivery of aaid deed.
Seller ahall, however, retain and reaerve unto itaelf, its successors and
aaaigna, a riqht-of-way in, upon, throuqh, under and over that part, or parts,
of aaid realty upon which there preaently exiat linea, pipes, conduits, and
other equipment for the providinq of qaa, water, electric, sewer and other
utility aervicea to aaid realty, for the purpoae of the maintenance, repair,
and replac ... nt thereofr provided, however, that aaid lines, pipes, conduits
and other equipment may be relocated by Purchaaer at Purchaser's expense if
Seller'• conaent ia firat obtained, which conaent ahall not be unreasonably
withheld, in which caae Purchaaer ahall qrant to Seller a similar riqht-of-
way over that portion of aaid realty to which aaid lines, pipes, conduits,
and other equipment may have been relocated.
Sillultaneoualy with the delivery of the deed, Purchaser shall pay to
Seller the amount aqreed to be paid by reaaon of the provisions of paraqraph
1 8 hereof.
3. Purchaaer acknowledqea that he ha• been furniahed a conanitment for
a title inaurance policy, iaaued by the Arapahoe Land Title, Inc., and that
the a .. e ahowa .. rchantable title to aaid realty to be in Seller. Seller
9gree• that it ahall, at it• expenae, procure the iaauance to Purchaser of a
policy of title inaurance in the face maount of $186,500.00, not more than
thirty (30) daya aubaequent to the cloainq of title. Should any litiqation
be cc enced or inatituted prior to the iaauance of aaid policy of title
inaurance which attacka, either directly or indirectly, this contract of
aale, the ordinance authorizinq Seller to execute the aame, of the Purchaser's
title thereto, Seller aqreea to defend said litiqation.
4. Purchaaer aqreea to pay all feea or other obliqations earned or
incurred, by Willimn K. Parchen of Par-Mac Realty, Inc., or any other real
estate aqent or broker, in connection with this transaction and aqrees to,
and does hereby indemnify Seller aqainst any all claims which may be made
by either the said William K, Parchen or Par-Mac Realty, Inc., or any other
real eatate aqent or broker, aqainat Seller, aa a result thereof.
5. Poasession of said realty ahall be delivered to Purchaser at the
tille of the delivery of the deedr provided, however, that Purchaser shall
not be entitled to poaaeaaion of the buildinq located thereon: and provided
further, that Seller •hall have the option of continuinq to occupy said
buildinq and realty after delivery of aaid deed to Purchaser for a period
not to extend beyond the 31st day of Decellber, 1965, by payinq to Purchaser
a 8'111 equal to interest at the rate of 6" per annum on the purchase price
($176,000.00) frca the date of the closinq of title to the date that Seller
re110ved frca aaid buildinq, to be paid in monthly installments on the first
day of each month aubsequent to the date upon which title is closed and
continuinq durinq the period of Seller'• occupancy. Should Seller exercice
aaid option to continue in occupancy, Seller further aqreea to pay to Pur-
cha .. r that portion of any ad valorem realty taxes beccainq due and payable
aubsequent to the cloainq of title, if any, and that portion of any insur-
ance pr.U.maa paid, which ia attributable to the period of Seller's occupancy.
6. Subaequent to the time that Seller remove• from the buildinq pre-
aently located on the realty hereinabove described, it is aqreed that
Purchaaer ahall cauae the same to be demoliahed and that Purchaser shall be
entitled to poaaeaaion of said buildinq for the aole and only purpose of
demolishing the same. Title to aaid buildinq ahall remain in Seller durinq
the period of demolition and until the aame ia ccapleted, except that in
consideration of Purchaser'• demolition thereof, it i• aqreed that Purchaser
ahall be entitled to all materials and salvaqe resultinq therefrom. All
auch demolition work shall be carried on at the sole and exclusive expense
and reaponaibility of Purchaaer and Purchaaer ahall indemnify and save
Seller haralesa frca any and all claima of whataoever nature which may,
or could, ariae therefrca (except any claim which attacks the riqht of
Seller to demoliah, or authorize the demoliton of, said buildinq).
7. It i• expresaly acknowledqed by the partiea hereto that Seller has
executed an aqre ... nt, dated May 20, 1964, with that Colorado corporation
known aa Bev Bnqlewood, Inc., pursuant to People'• Ordinance No~ 1, Series
of 1964, wherein and whereby Seller ha• aqreed to sell and convey to said
corporation, on or before Decelllber 31, 1965, certain realty therein described,
which realty liea, in part, to the Borth and ... t of the realty described
herein. Should said aqr .... nt between Seller and Bew Bnqlewood, Inc. for
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any rea80n not be executed ao that the •aid Bew Bnglewood, Inc. doea not
receive title to the realty which i• the aubject of that agreement, then,
and in that event, Seller agree• to grant to Purchaaer an eaaement and
right-of-way, thirty feet wide, over and aero•• the realty lying to the
llorth of the realty herein deacribed, to be uaed for the purpose of
vehicular ingre•• and egre•• fram Ployd Avenue to the realty described
herein. Said eaaement or right-of-way •hall be granted no earlier than
January 1, 1966, •hall be granted only at a time, if at all, when it has
been unequivocally eatabliahed that the acJr .... nt between Seller and New
Bnglwood, Inc. ha• been reacinded, or otherwiae no~ executed, and shall
be over and aero•• that apecific portion of the realty lying to the North
of the realty deacribed herein a• may be deterained by mutual consent of
the partie• thereto.
8. It i• repreaented by Seller to Purchaaer that •aid realty is
preaently included within that zoning diatrict known a• "B-1" pursuant to
Ordinance Bo. 16, Serie• of 1964, but that neither this representation,
nor any other proviaion hereof, ahall be interpreted or construed to impose
any li.Jlitation or reatriction, either contractual or otherwise, upon the
authority of the City Council of Seller to legialate upon the subject
.. tter of the limitation or reatriction of uae of the realty herein des-
cribed in the exerciae of it• legialative diacretion for the protection
and promotion of the public health, aafety and welfare of the citizens
and reaident• of the City of Bnglewood.
9. Ti8e ia of the eaaence hereof, and if any payment of any other
condition hereof ia not made, tendered or performed by Purchaser as herein
provided, then thi• contract for aale ahall be void and of no effect, and
both partiea hereto ahall be releaaed fram all obligations hereunder, and
all payment• llade hereon ahall be retained by Seller as liquidated damages.
D WI'198S 1111BRBOP, the partiea hereto have hereunto set their hands
and aeala the day and year firat above written.
Jack-z-:-Wagenbl.aa-t, -Plirchaser
'1'RB CITY OP DlGLBMOOD
By Mayor
ATTBST1
Paaaed on Pirat Reading by th• City Council of the City of Englewood, Colorado,
thi• lat day of Pebruary, 1965, and ordered publiahed in full in the Englewood
Herald an4 Bnterpri ...
Paaaed on Pinal Reading by the City Council of the City of Englewood, Colorado,
thia 15th day of February, 1965, and ordered publiahed in full in the Englewood
Herald and Bnterpriae.
Mayor
~iiBST1
CuY CYerk
I, Ray Cha .. , City Clerk of the City of Bnglewood, County of Arapahoe, State
of Colorado, do hereby certify that the above and foregoing ordinance was introduced,
read, paaaed and ordered publiahed a• a bill in the Bnglewood Herald and Enterprise
at a regular ... ting of the City Council held on the lat day of February, 1965, and
that at leaat 7 day• after above publication a• a bill the above ordinance was
approved, adopted and ordered publiahed in aaid legal newapaper by the City Council
at a regular -•ting held on the 15th day of February, 1965, as Ordinance No. 2,
Seri•• of 1965, of aaid City.
A'l'TBST1
c-;c2l?~~
CJCy Cl.erlc:
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