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HomeMy WebLinkAbout1950 Ordinance No. 009-.: r,~'.A9'> ' '.:"'.I.. .... B Y A U T H 0 R I T Y. --------- 0 R D I N A N C E No. 9. ---------s E R I E s or 1950. ~ " AN ORDINANCF. .AUTHORI ZING THE MAYOR OF THF. CITY CF ENGL EWOOD, COLORAD O, TO EXECUTE .AND THE CLERK OF TH E CITY OF ll!G L F.~'/O OD, COLORAOO, TO ATT :E ST A WARRANTY DEED CONVEYilfG THE FOLLOWING DE9CRIBED PRCPERTY: BEGINNING AT A POINT 330 FT. SOOI'H AND 50 FT. V/F,ST OF THE NORTHEAST COR- 1'ER OF s~ swt SEC. 34, TVIP. 4 s., R. 68 w. t THENCE SOUTH 89° 40' w. FOR l32t P'T. t THJ!1'CE OOE NORTH FOR 132. 3 FT. , 'IHF.NCE SOUTH 89 o 40' W. FOR 165t FT. , THFl'TCE DUE SOOTH FOR 442 FT. , nIENCE NORTH 89° 40' East for 218 FT., THENCE W E NORTH FOR 100 FT., 'IHEVCE NOR'IH 99o 40' EA.SI' FOR SOFT., TID :NCE OOE NOR TH FOO 209. 7 Fl'. TO POINT OF BEGINNING. BE IT ORDAINED BY 'IHE CITY COUNCIL OF THF. CITY OF EJfGLEWOOD, COLORADO: I SICTIOJf ~. That on the lat day of November, A. D. 1949, the qualified electors of the City of Englewood, Colorado, by ballot euth orized the sale of t he following described property, to-wit: Beginning at a pitint 330 ft. South and 5 0 ft. 1:/est of Northeast corner of SEt swt Sec. 34, Twp. 4 S ., R. 68 Vl ., thence S. 89° 40' W. tor 132t ft., thence due North for 132.3 tt., thence South 89° 40' W. for 165 ~ ft., thence due South for 442 ft., thence North 89° 40' East for 218 ft., th ence d ue North for 100 ft., thence North 89° 40' East for 80 ft., thence due North for 209.? ft. to point of beg inning; locally known as the City Ha ll property, for the minimum sales price or ;~200,000.00 SECTION 2. That the City Cou n c il of t he City of Englewood, Oolorado, in accordance with said authorization , publi cly adwertise d said property for sale and invited the submission of bids for said pDopErty and awarded t he sale thereof t o SHOPPING CEN TEBS, INC., a Colorado Corporation, in accordance with its sub,itted b i d . --.............. 3. That on June 15 , 1950,the City of F.n g lewood, Colorado, acting bJ and through its duly elected and qualifiei officials, entere d inta a Contract of Sale with Shopping Centers, Inc., a Colorado Corporation, as follow s, to-wit: "Englewood, Colorado June 15, 1950 " ... RF.CEIVED OF SHO?P I NG CE?\TF.R S, INC., a Colorado Corporation, acting by and thr6ugh its duly elect e d an d qualified President, Paul D. Ambrose and its duly elected and qualified Sec r ectary, C. D. Williams, t he sum of TWl'N TY THOO'SAND and No/100 ($20 ,000.00) DoJ lars, de- posit on ac count of th e purcha s e price of the following described real property attuate in the City of En g lewood, Co un t y of Arapahoe and State of Colorado, to-wit: "Beginning at a point 330 rt. South and 50 ft. West Northeast corner of Sei BWt-Sec . 34, Twp. 4 s., R. 68 w_., thence s. 89° 40• w. tor 132:f ft., thence due North for 132.3 ft., thence South 89° 40' w. for 165t ft., thence due South for 442 ft., thence North 990 40' East for 218 ft., thence due North for 100 ft., thence North 89° 40' East for 80 ft., the~e due North for 209.7 rt. to point of beginning . " The entire price to be paid is the sum of TWO HUNDRED THOUSAND and N0/100 ($200, 000.00) DOLLARS, of which th e El!lount paid herewith is a part and the balance is to be paid as fol l ows: One Hund red Thirty Thousand and no/100 ($130,000.00) Dollars on or before Ninety (90) days trom date hereof, and Fifty Th ousand and no/100 te5o,ooo.oo) Dollars on or before Novem8er 15, 1Q50 • • ~. " .A. goat .and sufficient Warranty Deed to the within described property conveying the same to Shoppin g Center •• Inc., ita successors and assigns, shall be delivered to the purchaser on or before Nin e ty (90) days from th e date hereof and upOD the payment of the One Hundred Thirty Thou aand and no /100 (~1 30 ,0 0 0.00) Dollars hereinabove set forth. " Possessi on of all of th e described property except the large building and acess thereto rran South Acana Street for fire and police vehicles, shall be given the purchaser at the time ot the delivery of th e Warrenty Deed and the payment of One Hundred Thirty Thousand and no/100 (~130,COO .OO) Dol lars as bereinbefore set forth. " Possession of the larg e building and relinquishment ot the right of way to Acoma Street for fire and police vehicles shall be given the purchaser on or before November 15, A. D. 1950 an d when t he balance of Fifty Thousand and n 0 /100 (.~50,000.00) Dollars as hereinbefore set forth s hal l be paid by the purchaser. " Permission is hereby g ranted to t he purchaser to iaaediately place an advertising sign upon the premises herein descr i bed on the Broadway frontage thereof. " It is und.9retood that the real property to be aold under this Agreement covers the East halt o halt of I.com a Street between Wes t Girard Street and Greenwood Parkway, and it is agreed betweea the parties as one of th e considerations tor this Agreement tor this •greement that the Ju,rchas- er will d e dicate t he East half of said Acoma Stre et between West Girard Street and Greenwood P ark.way tor use as a pu b lic street. " It is agreed that th e Seller will keep sutficent insurance in force upon the improvements upon said property t o pretex t the parties from any loss in event of fire or other catastrophe until posses s ion is delivered to Purchaser. After possession is delivered to the Purchaser ot any parcel of parcels o f real estate being sold under this Agreement, then thereafter the Purchas- er w611 maintain said insurance. " The Seller is t he owner of th e prc perty that lies between Bannock and Accma St?eets and Greenw ood Parkway and \Ves t Girard Streets, EngleWC!>od, and the said Seller agrees as one of the considerat ions for this ~reement that said parcel ot land, except the Southwest corner thereof, which i • a parcel o r l and 125 ft. x 125 rt., shall be preaerved as a public parking lot tor mo- tor vehic les. That th e method f or preserving or dedicating said land as a public parking lot shall . be jointly determined by the attorneys and counselors of the Seller .and Purchaser, subject to approval ot Council. " I f a merchantab l e title be not s h own by the Abstract and cannot be shown within One Hund- red Twenty (l.20) days, t he amount received as evidenced by this receipt, is to be refunded, but it a clear title be shown and if payment is not made or tendered by the Purchaser as hereinabove set fort h , t hen the money hereby rec ei pted for is to be held as liquidated damages, and in either case, both Purc hase r and Seller are released from all further obli~tiona hereunder. , . . o :~ " In t he event a quiet title acti on is n e cessa ry, t he time for payment of th e One Hundred Thirty ~h ousand and no/100 (J l 30,000 .00 ) Dol lars her einbefore set forth shall, at the option of the Pur ch a s er. be extend e d to t he date of entry of decree in sai d quit t i tle action, said time in no event, to ex c e ed One Hundred Tw enty (120) day s f r om d ate or n ot i ce of detect, and the date of delivery of possession or the large build ing and r e i gh t of way to t he Pu rc h a s er sh a ll be extended for a like period of time. (SEAL) "A'I'l'EST : /s/ E. E. And e r son "Ci t y Cle rk ( SR AL) " A'l'I'EST /s/ C . D • .'/illiams "Sec r eta r y" "THE CITY OF ENGI..li1'NOOD, COLOR J\DO "B Y M_ Colbert E. Cushing-Pro-Tem "Ma y or "SHOPPI NG CENT ERS, !INC. , a Colorad o Corporation "By / s/ Paul D. _Am_b_r_o_s_e _____ _ "President S EC TION 4 . That in accordanc e with Se ct i on 11, Cha pter 163, i935 c. s. A., as amen ded, and Section 38, Ch apter 40, 1935 c. s . A. as amen ded, t h e Ma .vor of the Cit y of Englewood, Colorado, is hereby a ut h orize j to execute , an d t he Clerk of t h e City of En g lewood, Colorado, is hereby authorized, instructed and d irected t o a tte st a Warrant y Deed conveying the within described property to Sh op - ping Centers, Inc ., a Colo rado Corp orat i on, in accordance with the terms and conditions of the Contract for Sale set fo rth i n P aragraph 3 h ereof. 5 . Th e Cit y Cou n c il h e r eby fin d s, de t er min es and declares that th i s Ordinance is necessary tor t h e imme diat e pre serv ation of t he pub l i c p e ac e, hea lth , safety and conv enience. SECTI<lf e. In t h e opinion of the Ci t y Co un cil an emerg ency ellists; the r ef ore, this Ordinance shall take~··_:'.:· __ , effect and b e i n forc e f r om an d after it s final passage and publication. PASSED on First Re ad ing by t he Ci t y Coun cil of th e City of Englewoo d , Co lorado, this 10th July, A. D. 1950, and ordere d p ublished i n t he Englewood Enterprise. day '1 PASSED on Final Re ad i n g by t he Ci t y Co un ci l of t h e City of Englewood, Colorado, this 14th day of August , A. D. 1950. an d order e d p ub lish e d. ATTEST: F irst Publi c at i on J uly , 13 t h , 1950. F inal Publicat i on Au gu st, 17th , 195 0. STAr E OF CO LCHAD O COUNTY OF ARAP AHOE ) SS: CITY OF EN GLEWO OD CU-./~ Mayor I , E. E. An der son, City Clerk and Rec order of the City of Englewood , Count y of Ara paho e , State 0 f Colorado, do hereby certify that the above and fore- g oing Ordinance wa s introduced and Re ad i n fu ll, and on Resolution was ordered published aa proposed Ordinance f or t he r.1e e t i ng of J uly , 10th, 1950. Held by the City Council on said Date and same wa s publi shed J uly 13th, J uly &ot h , 1950. in the Englewood Enterprise. and for mpre t h an Ten Days thereaft e r and at a subsequent Meeting of the City Council held Au g ust 14th, A . D. 195 0 . ".AN ORD mANC E AUT HOR I ZI NG THE t :A.Y OR CF THE CIT Y OF EN GI.J!WOOD, CO LO RAOO, TO EXECUTE A11D THE CLERK OF TH E CITY OF JiNGU:':!OOD , CCLO RADO , TO ATr Jl:S T A WARR ANTY DEED CONVEY ING TEE FOL- LOllING DESCR IB ED PROPF.t ITT : BJ<~cn:N ING AT A POH:'T 330 FT. SOO TH AND 50 FT. WE ST OF NORTHEAST COR- NER OF sEJ ... swt -SE C. 3-s ' T·ap . 4 s ., R. 68 w., THENCE s . 89° 40' w. FOR 132t FT.' THE NCE DUE NOR TH FOR 132.3 FT., 'mf.N CE SOO TH 89 ° 40 ' VI . FOR 165 t FT., THEN CE DUE SOUTH FOR 442 FT., TH E'"CE NORTH 8 9 ° 40 ' Ea s t f or 218 £i'T., TI:{h;NCE DUE NORTH F OR 100 FT., 'llI FNCE NORTH 89° 40' EAS T F OR 8 0 FT . , 'ltU.NCF. DUE Y.;ORTII FOR 20 9 . 7 FT. TO P OINT OF BE GINN ING." was duly passed an d ;~-~­ a dopted an d pu b l i she d i n t he Fn g l e wo od h nt e rpr ise in its issue of Au gu st 17th, 1950. as r e u i r ed by the Staut e s of t h e Stat e of Colorado. ~~/ 2/CitYfurk. '\"" ... ' .. -.. ~' < en '"Tj 0::: I I I I II