HomeMy WebLinkAbout2007 Ordinance No. 018.,
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ORDINANCE NO . 1Z...
SERIES OF 2007
BY AUTHORITY
COUNCIL BILL NO . 16
INTRODUCED BY COUNCIL
MEMBER TOMASSO
AN ORDINANCE AUTHORIZING THE TRANSFER OF LOT 30, BLOCK 6, SKERRJTTS
ADDITION 3RD FILING , AS DESCRIBED IN THE DEED TO THE CITY OF ENGLEWOOD-
HOUSING REHABILITATION FUND TO COMBINE THE PROPERTY WITH LOTS 28 AND
29 (3596 SOUTH BANNOCK STREET).
WHEREAS, the City of Englewood acquired ownership of Lot 30. Bl ock 6, Skcrritt 's Addition,
3"' Filing, locat ed in the 3500 Block of South Bannock Street in 1998 by a Quit Cla im Deed from
the Arapahoe Count y Board of Commissioners; and
WHEREAS, Lot 30 is a small triangular pi ece of land directly so uth of 3596 South Bann ock
Street and has been under tht control of the Englewood Utilities Dcpanmcnt since the City took
ownership in 1998; and
WHEREAS, Lot 30 has been available to previo us owners as a si de yard to 3596 South
Banuock Street under a City Ditch Use Agreement; however the Agreement restricts the use and
deve lopment of the propcny ; and
WHEREAS. Lot 30 is no longer needed as a possible access to the City Dit ch and the
Dcpanmcnt ha s no object ion to the sa le of the propcny to the City of Englewood-H ousing
Rehabilitatio n Fund: and
WHEREAS. the City of Englewood-Housing Rehabilit atio n Fund wo uld like to take ownership
of Lot 30 in order to combine it with Lots 28 and 29 (3596 South Bannock Street) which would
then become a tot al land area of 2,893 sq . fl .; and
WHERE AS , the City desires to transfer Lot 30 to the City of Englewood-Rehabilitation Fund ;
and
WHEREAS, the City of Englewood-Housing Rehabilitation Fund will accept the propeny by
paying ten dollars ($ I 0.00) and will assume all risks and responsibilities or all licenses and
encroachments and for any environmental liability on the propcn y; and
WHEREAS, the proposed propcny transfer would allow the City of Englewood-Housing
Rehabilitation Fund to combine the parcels and put Lot 30 back onto the propert y tax roles and
relieve the City of any future maintenance costs ; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
~-The City Council of the City of Englewood, Colorado hereby authorizes the transfer •
of Lot 30, Block 6, Skerrins Addition 3"' Filing, as described in the Deed attached hereto as
"Exhibit I" to the City ofEnglewood-Housina Rehabilitation Fund to combine the property with
Lots 28 and 29 (3596 South Bannock Street).
~-The Mayor and the City Clerk are hereby authorized to sign and auest the "Deed" for
the transfer of Lot 30, Block 6, Skerritts Addition 3"' Filing to the City of Englewood-Housing
Rehabilitation Fund on behalf of the City of Englewood, Colorado .
Introduced , read in full , and passed on first reading on the 19" day of March , 2007 .
Published as a Bill for an Ordinance on the 23rd day of March. 2007 .
Read by title and passed on final reading on the 2nd day of April , 2007 .
Published by title as Ordinance No .12,, Series of 2007 , on the 6th day of April, 2007 .
I, Loucri shia A. Ellis , City Clerk of the City of Englewood , Colorado, hereby cenify that the
above and foregoi ng is r,i,ue copy of the Ordinance passed on fina ding and published by
title as Ordinance No, ll, Series of 2007 .
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Exhibit I
QUIT CLAIM DEED
THIS DEED, made this __ day of__,,,---,--,--·• 200_ between THE CITY OF
ENGLEWOOD, COLORADO, a Home Rule City existing under and by vin ue of the laws of the
State of Colorado, grantor, whose legal address is IOOO Englewood Parkway, Englewood ,
Colorado &O 110 and THE CITY OF ENGLEWOOD -HOUSING REHABILITATION FUND,
grantees ; whose legal address is 1 •,'() Englewood Parkway, Englewood, Colorado 80110 .
WITNESSETH, That the grt'ntor, for and in consideration of the sum ofTEN DOLLARS
(SI0 .00) and other valuable consideration including assumption of the environmental risk, the
receipt and sufficiency of which is hereby acknowledged , ha s granted , bargained , sold and
conveyed, and by the se presents does grant, bargain, sell, convey and confinn , unto the grantee ,
its successors and assigns forever, all the real propen y together wi th improvements, if an y,
situate, lyi ng and being in the County of Arapahoe, State of Colorado , described in Exhibit A,
attached heretu and incorporated herein .
TOGETHER , with all and singular hereditarncnt s and appuncnances belon ging thereto and
any reversion , remainder, rent s, issues and profits thereof; and all the estate , ri ght, title interest ,
claim and demand whatsoever of the grantor, either in law or equity , of, in and 10 the above
bargained and conveyed premises .
TO HA VE AND TO HOLD the sai d premises above bargained so ld and desc ribed, with
appurtenances, unto the grantee , it s successors and assigns forevr.r . And the grantor for itself. its
successors and assigns, does covenant, grant, bargain and agre~ to and with the grantee, its
successors and ?.ss igns , th at at the time of the ensea ling and delivery of these presents , it is well
seized oft he premi ses above conveyed , has 6ood, sure . absolute and indefeasible estate of
inheritance, in law , in fee simple, and ha s good right , full power and lawful authority to grant ,
bargain, sell and convey the same in manner and form aforesaid , and that the same arc free and
clear from all former and other grants, bargains, sa les . liens , taxes , assessments, encumbrances
and restrictions of whatever kind or nature wr.atsoevcr, ex cept tho se of record and those granted
to Lots 28 and 29.
IN WITNESS WHEREOF, The sai d grantor has caused its name to be hereunto subscribed
by Olga Wolosyn , as Mayor of the Ci ty of Englewood, Colo rado and its sea l to be hereunto
affixed, attested by its City Clerk. the da y and year first above written .
CITY OF ENGLEWOOD. COLORADO
ATTEST : By ____________ _
Olga Wolosyn, Mayor
Loucrishia A. Ellis , City Clerk
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
March 19, 2007 11 a I Transfer of Ownership and Sale of Loi 30, South
Bannock Street, PPI #2077-03-2-01-013
Initiated By: I Staff Source:
Community Develo pment Department Janet Grimmett, Housing Finan ce Specialist
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
Th e City of Englewood ac~uired owne rshi p of Lot 30, Bl ock 6, Skerritt's Addition, 3'' Filing, in the 3500
Block of South Bann ock Street, in 1998 by a Quit Cla im De ed from the Arapahoe County Board of
Commissioners. This 101 was apparently a "black hole " in the subdivision and the County asked the
City if it would ta i,e ow nership of the lot. The City agreed and ii has been under the control of the
Utilities Dep artmen · because of its locati on adjoining the City Ditch . (See attached deed.)
City Council approved Ordinan ce 32, Series 2005, to sell 3596 South Bann ock Stree t acquired by the
City of Englew oo d -Housing Rehabilitation Fund through foreclosure . This properly is adjacent to Loi
30 described abo ve .
RECOMMENDED ACTIOM
Community D evelop ment Staff recommends Council adop t a Bill for an Ordinance authorizing: 1) th e
transfer of ownership of Loi 30, Block 6, Skerritt 's Addition, 3'' Filing, County of Arapahoe, State of
Colorado (PPI #2077-03-2-02-013) to the City of Engle wood -Housing Rehabilitation Fund ; and 2) to
authorize Loi 30 to be combined and sold as part of Lois 28 and 29, Block 6, Skerrill 's Addition , 3''
Filing, known as 3596 South Bann ock Street (PPI #2077-03 -2-02-012).
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Loi 30 is a small triangular piece of land directl y ,oulh of 3596 South Bannock Street. Loi 30 has been
under tf,e control of the Utilities Department since the City look ownership in 1998. Lot 30 has been
ava ilable to previous owners as a side yard lo 3596 South Bann ock Street under a City Ditch Us e
Agreement, but the agreement restricts th e use and development of the property .
Loi 30 is no longer needed by the Utilities Department as a possible access lo th e City Ditch . They
have no objection to transferring it 10 the Housing Rehabilitation Fund . The Housing Rehabilitation
Fu nd would like 10 take ownership of Lot 30 to combine it with Lots 28 and 29 (3596 South Bannock
Street). Arapahoe County requirements for lot co mbinations are that the parcels involved must be
contiguous, in the same taxing districts and under the same owners ~ ~-Arapahoe County cannot
currently combine the parcels because they are titled differently even though they are both owned by
the City . Arapahoe County recommends a Quit Claim deed be executed to put both parcels under the
exact same ownersh ip, then the combination of the lots can be processed .
This combination would create a little larger property for 3596 South Bannock Street Currently 3596 •
South Bannock Street has a total land area of 2,153 sq. fl Lot 30 Is approximately 740 sq. ft. The
combined total land area would then be 2,893 sq. ft.
Lot 30 Is not large enough to be legally buildable under current development codas. It can only be
combined with a contiguous parcel of property. The only contiguous parcels are 3596 South Bannock
Street and the City Ditch . The Utilities Department no longer has a need for Lot 30 . Its only current
value is to combine it 1 •Ith Lots 28 and 29 for 3596 South Bannock Street. This combination of parcels
would put Lot 30 back onto the property tax roles and would relieve the City of any future
maintenance costs.
There was no cost to the City in acquiring Lot 30 from Arapahoe County.
FINANCIAL IMPACT
The Housing Rehabilitation Fund (Fund 46) will cover all recording fees and any other costs associated
with combining Lot 30 as part of 3596 South Bannock Street. There is no other financial impact to the
City ,
LIST OF ATTACHMENTS
Proposed Bill for an Ordinan ce •
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