HomeMy WebLinkAbout2000 Ordinance No. 034•
ORDINANCE NO.~
SERIES OF 2000
BY AUTHORITY
COUNCIL BILL NO. 37
INTRODUCED BY COUNCIL
MEMBER GARRETT
AN ORDINANCE AUTHORIZING ENTERING INTO AN AGREEMENT FOR
POSSESSION AND USE OF THREE PROPERTIES OWNED BY SITUS
ENTERl'RISES, L.L.C . AND THE PURCHASE OF THESE PROPERTIES BY THE
CITY OF ENGLEWOOD , COLORADO.
WHEREAS, the City Council of the City of En«l.ewood authorized the neBOtiations
for the pun:haae of the Situe Entltrprieee , L.L.C . tlue• propertiee by the pa818p of a
Motion on Febreuary 7, 2000; and
WHEREAS, by the paaaaae of thia Ordinance ti> , City Council of the City of
Englewood , Colorado authorizes the purchase oft,., ,litue~nterpriaea, L.L.C. ~
properties for $400,000 .00; and ,
WHEREAS, the Enclewood Public Worka Department will const,:uct a rca<1 p1'0ject
and related public improvemenlll on these properliee; and '
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WHEREAS, the =er of the Situe·Enterprieee propert.· ,a wilh to sell the
properties to the City; and
WHEREAS, the City o{ Enclewood Public Worka Department will construct a road
project and related public impmvemente on these propertiee;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO , AS FOLLOWS :
&l:tism...l. The City Council of the City of Englewood, Colorado hereby authorizes
the purchaee of the Situe Enterprises, L.L.C. three propertiee for $400,000 .00. The
Englewood Public Worka Department will conetruct a road project and related public
improvements on these properties,
~-The Poaseesion and Use Agreement, attached hereto as "Exhibit A,• ill
hereby accepted and approved by the Englewood City Council.
il~. The City Manager or his deaignee in hereby au. ,orized to eign on behalf
of the City of Englewood, Colorado.
Introduced, reed in full , and pas sed on lint reading on the let da:1 of May, 2000 .
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Published ftl a Bill for an ()rdiJlanCe on the 6th ,l&y of May , 2000.
Raad bv title and puaed on final readinl on the 16th day of May, 2000.
Published by title aa~ No. ;t/;, Sonat of 2000, on the 19thdaJofMll1,
2000.
ATJ'EST:
i~[!J!t;k
I, Brenda J. Caalle, l)epu~/ CitY Clerk of the City of EJ>clawood. Co)orado, harebJ
certify that the aboYe and fmepDI ia a true copy~! 1tbe ()rdiDaDCI paaoed on final
readine and pul,liahed by tida aa OzdinalO No. ,l.X, SeriN of 2000.
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AGR.EEMENT FOR POSSESSl,ON Af:,11) USE
t: bl!L 1 2;] lc,Ji 1 o
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This Apement for Pouessjon and use is made and entmd inro this ___ day of
_____ _. 2000, by and between the City of Englewood (the "City")1 ~dnSitus
Emetprises, L.L.C . (the "Landowner").
WHEREAS, the City is construeting a road project and relaled public improvements (the
"Improvements"), and needs to acquire a fee interest in that property owned by the Landowner for
use in construction of the Improvements, consisting of those interests in real property mo?C
pa,ticularly described on attached Exhibits A, B and C (the "Property").
WHEREAS, the City is vested with the right of eminent domain. but has not instituted
proceedings in the Arapahoe County District Coun to acquire the property, bw intended to insti!Ule
an eminent domain proceeding if this Agreement had not been reached.
WHEREAS, the City is ready to begin construction of the Improvements and needs
possession of the Property to proceed.
WHEREAS, 50 as not to delay construction of the Improvements. at the City's request the
Landowner agrees to grant possession to the City of the Laivlowner's interest in and to the,Propeny,
50 that the City may proceed with construction of the Improvements.
WHEREAS, the pa,ties have agreed to resolve this matter by entering in a Commercial
Contract To Buy and Sell Real Estate (the "Contract') anached heretc as Exhibit D and incorporated
and made part of this Agreement Ly reference herein .
1. Landown~r hereby grants to the City , its contractors, agems E.o"ld all others deemed
necessary by the City, the right 10 take, possess and use the Property against the LandoY.ner and its
successfJrs , assigns and personal representatives and each of them and all persons whomsoever
claimi'.!g any right, title or interest in and to said Property by , through or under the Landowner. The
City i.nd its cor.=tors, agents, servants , employees and assigns shall have tbe right to enter onto,
talce vud retain possession of said Property together with the right to demolish any improvements
located thereon , and make cuts. fills or. in any other manner, change the sh::pe or configuration of
the Property, and to talce and use therefrom and add thereto any and all earth, stone, gravel and timer
and any other materials for construction and maintenance purposes, and 10 build, construct or
otherwise improve said Property until the Date of Closing under the Real Estate Contract, during
tbe pendency of the Project, and during the pendency of the eminent -iomain action that may be filed
to acquire tlte Property without interference from the Landowner, or any of them, or their
successors , assigns, heirs . devisees, personal representa1ives , guests or invitees, or any other person
or persons claiming by, through or under the Landowner, or any of them. Landowner acknowledges
that acquisition of the Property for the purposes set forth herein is in the public interest and for
public purposes, and is being made in contemplation of condemnation. Inconsideration oftbis grant
of possession, the City will tender 10 the Landowner the sum of S400,000.00 (the "Payment"). The
City shall talce possession upon execution of tlus Agreement and the attached Contract For the Sale
of Real Estate and shall tender payment to Landowner at Closin11 on or before the Jwie l, 2000. At
the Closin&, Landowne, shall have any deeds of 1nlSt encilmoering said Property released . •
3. Within lOdaysoftheexecutionofthis Apeement, the City funberqreeuoproduce
to Landowner the cwrent construction plam l'o'r the'Improvements p:.,mJ!I for the Property and.will
spray paint on the parkina lot a line defining the southern and wi :.st.ern most boundary Unes of•tbe
land to be sold to the City . This line shall not supen:ede the lega ! :iescriptions contained herein but
rather is an approximation of the boundary line solely for the purpose of allowing Landowner the
ability to plan its parkina lot in the remaining land parcel.
4. Upon execution of this Agreement, the parties shall execute the attathed Commercial
Contract To Buy and Sell Real Estate (the "Contract") which said Contract shall become part of this
Agn::ment. h1 the event, the City fails to close on the Property pursuant to the Contract this
Agn:emer.t shall become null and void.
S. Upon execution of the Agreement. the C iry shal I insure the Propeny for c:isualty and
hazard losses , including losses caused by construction activities required to construct the
Improvements .
6. The Landowner hereby covenants and warrants that it has lawful right to convey its
interest in the Property. It is agreed that the Payment specified in paragraph I, shall be full
payment to acquire possession of the Propeny . Landowner reserves ••s right to contest all issues
related to an eminent -:!,main proceeding , without limitation wh r • ver, should the City fail to •
close on the Date of Closing and institute eminent domain proceedings against the Propeny , as
contemplated herein.
7. It is funber understood that in the event the Property fails to close pursuant to the
Contraet, tlte City may proceed in eminent domain to condemn the Lando-.ner's interest in the
Property, unless the parties mutually agn:e in writing to some other arrangem :nt.
8. This Agn:ement shall continue iu effect until either a settlement is reached and title
to the Property is conveyed to the City , or a Rule and Order as provided for in C.R.S. 38-1-105(3)
is entered by the court .
9. It is agreed by the parties that the valuation date for determining the JIIIOWlt of just
compensation shall be the Date cf Closing as set fonh in the Contract.
I 0. The panics agn:e that this document shall be sequestered by the Coun and shall not
be considered as evidence in any hearing to aeterminc just ccmpensation .
11 . Landowner individually covenants and agrees that no building, structure , or other
above or below ground obstruction that may interfere with the purposes aforesaid will in the future
be placed. erected or installed upon the Propeny by or through such Landowner during the period
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of construction . Landowner further covenams and qrees that in the event the term5 of this
parasnph are viollled by the Landowner, saeli v10lili61rwiil be correcled lrid allmiuated, within a
reasonable time upon receipt of written notice of such violation from the City . The City shall have
the ri&ht, following a reasonable period of time, and witho ut further notice to the Landowner to
cortect or eliminate such violation and Landowner shall promptly pay to tht: City the actual costs
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12 . It is agreed by the parties that Landowner shall be p1.lvided direct access from the
nonhem bomdary of its mnaiuing parking lot property on to the to be constructed Enalewood
Parkway . It is acknowledged by the panics that direct northern actess from Landowner's parking
lot to Englewood Parkway is a significant and material portion of this Agreement
13 . It is agreed by the parties that the City shall be responsible for all landscaping ,
grading and curbing necessary for boundary line or transition from the City's property to the
Landowner's property .
14 . It is agreed that Landowner shall convey to City any and all of its right and titlt t!l
the Property and that the City shall defend Landowner from any lawsuits filed by adjoining
landowners who m~y contest title to the Property o, any P"rtiou thereof.
15 . It is agreed by the parties that in the •vent ti~r-:he City fails to close this transaction
on the Date of Closing , Landowner shall be entitled to interest on the Pay.meat in the amount of8"1o
per annwn from the Date ofC!Jsing until payment is received by Landlord. ~
16 . The purposes of this Agreement are to allow the City to proceed with its construction
ptoject without delay and to allow the Landowner to avoid li tigation at this time . It is agreed any
increase or decrease in valuation of the Property due to the planning and construerion of the
Improvements by the City or its agents shall not be used as a factor in the determination of the
amount of just compensation due to the LandoY.11er. Nothing herein shall preclude the Landowner
from assening damages or other claims against the City .
17. The Landowner agrees to pay all real estate taxes , including prorated rear esiatc taxes
for the cumnt year, due at the time the City executes this Agreement Thereafter. the City~ be
responsible to insure that the Property becumes tax exempt as referenced in paragraph 15 bel lk.
18. This Agreement shall be deemed a contract. Each person signs representing tha '1ey
are authorized to bind the party sign ing . It shall bind the panies onl y when signed by an authbrized
person on behalf of th• City and the Landowner. llus contract shall also extend to and bind the
successors and assigns of the panics .
19. From and after the date the City takes possession of the Property . the Property shall
be deemed to be used for public purposes and shall be tax exempt.
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n ?r , 1 11 1 u. 1JuN•~,bnt.J :>Lr.' 1
20. Si~ via facsimile and,in ,collDJClplrt s~II be~ oripDal ~.uq
APIIROVED: :~s~uc
CliffordM.berier, Manager
Situs Enterprises, LLC,
Landowner
STATE OF COLORADO
)ss
COUNTY OF \),!: \\ ~:-½, _ )
, r ~· 1 ,r J
CITY OF ENGLEWOOD
ATTEST : _________ _
Low:ri.shia A. El~,.
City Clerlf,
TheforegoingAgreementforPossessionandUsewasacknowled&~beforemethi.s~
day of '?-f '4 Q , 2000, by ~ \ ~M 0\ \J.J ,!l..UJ,11, llf , as
s:{\Oy:,. 11 h~ e, of Situs En . , L.L.C . .
IN WITNESS WHEREOF , I have bcr:unto set my band ai¥i affoccd my official seal the day
and year first above written.
My commission expires: -~S.._.,,l)......,fi....._,.......;l.....,ri ... ,..--'"~'~00 ...... _3,___
~'~r0~9,'®. Notary Public
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1bnu;i 1 1 ,.,
April_,2000
,,:; r. I u l.1 »n oLl !t ~ ;),"ffO.r· 1ft Tlfl'
L PARTIES AND PROPERTY.
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City o(Eqlcwood, pun:t,uer-111 buy, ad .. lllld!nianod sella(1) [Sel1•~ .., .. to sell, on tho ranm 11111 c:ondltioas ICI bib
In dlil -tho t'ollowina dacriblu ral -iD dlo Colllll)I or Anpobot, Colondo, 111 wi~
... illll<hed lepl descriptions II ExhibilS A.Band c. , (/
known ;,,: 333 West Hampden. En&l0> JOd, Colondo
IO&Clher widt all lnlen:SI or Sell er In vllCllld -oad alleys adj_. dtomo, all -mis and other lflPUl:C,.,U,Ces dtemo. all
improvemcnis dtcreon and all IIIOClled filautes dtenoa. ucepc • hmin cxchidol, and <ailed Ille Property .
2. INCLUSIONS. The purdwe price includes dte followina i~ (1) iranached to the Property on the dale ofdtis contract:
111 J fl
None.
The abo ve-described included items (Inclusions) ue to be conveyed to Purchaser by Seller 1,y bill of sale II dte cl01in1.11tt and clear
ofaJI ta.'<CS. lims aud encumbrances. except as provided in section 10. ~ 1
The following attached fixtures ue excluded from this sale : None .
3. PURCHASE PRICE AND TERMS. The pun:hase price shall be 5-I00,000 , payable in U.S. dollars by Purdweras follows
(1) El1981 Moaf1.
None.
(b) Cub 11 Cloale&,
SI00,000 to be paid by Purchaser II closiac ia cash, cleclroaic tn."'fer funds, certified check, rcllds check. or casbia's ,chcck.
4. GOOD FUNDS. All poyme,us required II closiac shall be made in funds which comply widt all applicablo C<iorado laws.
'-NOT ASSIGNABLE. Tbis contne1 shall JOI be assilftable by Purcha,;er widt,, I SeUers prior written 'r'"'""'· Except "
so l'C:llriclm. dtis connct shall iMue to the benefit of and be biodina upon tho beirs1 ptl"SOi~.J m-rf.SCQtatives, successors and~icns of1hc
parties.
7. E VIDE~CE OF TITLE. Pl.rdmer. • Purchaser's expense. may obtain a cwrern c-.. ,MU1me111 for an owner's litle insurance
policy in an amount to be decided by Purchaser.
L TmE. (1) Tldo Kfflrw. ~-II Purclmer 's expense. shall have the ri&bl to UISpcCI Tille OotumcnlS or abstract
Writrcn notice by Purchaser of onmercbantabilil)' oftid• orofany other WISlbSfadDry title condition shown by dte Title Documenis or abstract
shall be sisned by oron behalfof Pu,chaser and pvcn to Seller or Listing Company on or before May I, 2000, or widtin five (5) calendatdays
ofter rece ipt by Pwth-ofanyTitlc Documen~s), which ever is soonct. lfS.llcr does notrcccivePurchasa'sllijliccby~tWc(s)spccificd
above, Purctwcr shall be deemed to have accepted dte condition oftit·e ., ~iscloscd by the Tide Documents as salisfaaory. ',
(b) M-n NOi SIi-■ by tM ,_ _., Seller ~'>all deliver to Purchaser, on or before Ille dllc set forth in section 7,
lnlcc:opicsofall lwe(s)oadsurvey(s) In Seller's pouasion pcnainin1to !he~ and shall disclose 10 Purchaserall ""'"1Cllts, liens or
otbertide mlltCn nol shown by the public ,-.cords o(wbich Seller bas IClllal lulowlcd1c. Purchaser shall have dte n1l1110 inspcc1 the Pmpeny
ai 11eu:rminc if any third par,y(s) has any ript in tho Property no1 shown by tie public recrrds (such•• Ullll\:cJ!dcd ~t, IIIU<CORlcd
-..., orboundlry line discrepancy). W-nooc, ofaay IIIISIICfacto<y condi:ion(s) disclosed by Seller or ,....led by such inspection shall
be lipal by ts on bellolf oil'l,-IDd liva ID Sollaror Lillilll C-y on or boron Moy I, 2000. lrS.Ucr or LJ11in1 Company docs
no1 __ ,.,....,_ by llid-. Pu,qass sball btdoaalotl Ill haw ..... dlla,ultjlCI ID ltlda rlpll, ifa,y,!'{dt ;rd parties ~f
-Pun:ll■Nr bas ICIUII lmowlqe. •• n J ·-.
(cl Rlptto Catw. If Seller or Llstin1Com~~•'~o(IU'MfflWINilltyofddeor111y OlherllllSlliJfactoty title ,
conditiontsJ u provided in ....,_;an (1) or\b) ~ St11et....i1\dll<a.W1ettlort iocoiNoi said .-1,l'actoty titlecondltiM(s) prior
IO die dam or closin1-If Seller fiils '10 c:omc1 said ml~-ilile cWilan(1) on or......, 1111 da of cloaln1, Ibis CCltlllrl shall lben
tcnniDat1, sllbjoct 10 section 17; pn,vlded, however. Pun:h .. may, by writlen nodce receive,! by ScllerorLlsliqCornpany oa orbefin closin1,
waive obj«tion to said uns■lisfaclOty title condition(s). • ,,
,. DA TE OF CLOSll"G. The date of closinJ shall be June I, 2000 , or by mutual apeement 11 "' ,ariier data.
"'l "1 t '1 I {Jl'A'l .I
10. TRANS!'ER OF Tin£. Subjca to lender or payment on closin1 IS roqui...i herein and compliance by Putdwer with
die olber terms and provision,, hereof. Seller shall .. ecuce and deli>er i '°"" and oufflc:ient quitclaim died lO """"'-• oa closins, -,,eyi•J
die Pmperty without reprcser.wions ,,r warranties; except dlosc maners '"lle:,,d in Ille Title l>oc1mMtltl lbr die~ wtildl Purdwer
ac<epced by Pun:hascr in ac<:ordano : with subscaion S(r ).
I I. PAYMENT 0 11 ENCUMBRANCES. Any encumbranoc required to be paid shall be paid II or befo'" the time of settlement
from die proceeds of this~ ,nor from .my other source.
12. CLOSING COSTS, IIOCUMENTS AND SERVIC!S. Pun:haser and Setler shall pay thoir rw,;pecdv, closln1 costs at
closin1, e.<tcept as otherw ise provided herein . Purchaser and Seller shall sign and compft!e all c;ustomary or rwquirtd documents• or before
closing. Fees, irany , for real eswe clos ing; and v.nlcment services sh all be paid al closin1 by equally by Seller :.1d Purchaser.
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13. PROIUTIONS. General taxes for the year t1f closing, based on the most recent lrvy and the mosc recent assessment. renu .
WIier and sewer charges. owner's assoc iation dues . and intemt 011 continu ing loan(sl. if any . and shaJI be prorated to dale of closin9. Any sales .
use and uansfer tax that may accrue because of th is transactio~1 shaJI be paid by Purcnaser.
14. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows :
As con tai ned in the Agrtttnent For Possession ar.d Use.
subject to die following leasets) or 1enancy(s\:
15. CONDITION OF AND DAMAGE TO PROPERTY, The Propc,ty and lnchuions shall •bt conveyed in their pr.sent.
condition. ordinary wear and tear excepted. In the event the Property shall be damaged by fire or other casuaJty prior to time of closing , in an
amount of not more than ten pm;nn uf the total purchase price. Seller shaJI be obligated to repair the same before the d,Je of cl os in1 . In the
evet1t such damage is not repaired with in said time or if the damq;es e.~ettd such stnn. this contract may be temnnated al the option of
Purchaser. Should Purchasff elect to C3JTY out this contract despite such damage. ~rdwt;r shall be entitled iO credit for aJI the in.surana
proceeds resulti ng trom such damqe to the Property and Inclusions. nol acceding, however. the Iota! purchase price. Should any lnclusion(sl
or Sffl'ict'IS) fai l or bf damaged between the dare of th is contract and the dlle of closing or the date of possess ion . whichever shaJI be earlier,
then Seller shall be liable for the repair or replaccn,•.11 of such lnclusionts) or servic et s1 with a unit of similar size. age and qua!ity . or an
tqu ivaJent credit. less any insurance proceeds receiv :d by Purchaser ~ sud! repair or replace,r.cnt
16. TIME OF ESSENCE/REMEDIES. Timc is of die essence hem>f. If 111y note or check received IS wncst money
hmunderor..ny other payment! due hereunder is 10 paid . honored or tendered when due. or if any otJ.cr obl igation hereunder is not performed
or waived as herein provided. there sh all be the follo.ving remed ies :
(a) IF PURCHASER IS IN DEFA ULT :
(I)
(2)
IF THE BOX IN SUBSECTIO N( I) ISCHECKED.S~LLER'S RHIEDIES SH ALL BE AS SET FORTH r., SUBSECTIO N
(ll [SPEC iFIC PERFORMANCE]. IF SAID BOX IS NOT CHECKED. SE LL E!l.'S REMEDIES SHALL BE AS SET
FORTH IN SUBSECTION (2) [tlQUiDA TED DAMAGE~].
Spetlnc Ptrform1acc.
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Seller may elect to tre:u th is contr.1et a.s e:1nceled. in which a : ~ all p,,ymcnu and th ings cif value rece ived hereun der shall
be forfeited and main:d on behalf of Seller, and Seller msy r.oover 5""h dlmagts as may be proper. or Seller may cl ca to
trnt this con!B<t as being in full fon:e and effect and Sell .,shall have Ille riJhtlO specific perfom,moc ordantages, Ot :...h .
Llqaldat<d Dam...,_
All poymcnu and th inp ofvalue r.oclved h......ter slllll beforfflted by Purdlllscr and .-inadon behalf o!Sellar and-
pa,tics shall lberafl2r be .. , ...... li'om all obllpdons hereandcr. It is apead lbat p,ch poymfflll 1111d lbinp of valoa ar.
LIQUIDATED DAMAGES and (ex~ as pro'l idcd In subsection (cl) m SELLER'S SOLE AND ONLY REMEDY ft,;._
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~• liilwu, perform die ,>bllpdons o(thls COIIUKI. Stllerupmsly Wll-the remodia or~ftc perft,nnancc
and lddltioaal dim ....
(b) IF SELLER JS IN DUAULT:
Purohuermay elect to 1re:11 this C'1llrlCI u canceled. in which case all poymenll ..i thinp or..iue ,-JveJ hfflllJICler shall
bel<lll!Mdnll'wdm&rmay....,vcrsuchdarnqcsasmaybepropcr,or~mayelecltobalthiscon1r1<1abein1
in lull force 1111d el'!Kt and Purchaser shall have the ri1l1t to speclftc perlbrmance or damlpl. or bolh.
(c) COSTS AND EXPENSr.s.
Anythin1 to the contn,y herein nctwithstandin1 , in the event of any Udption or arbia.uion arisin1 out of this connct. the
coun shall ,wan! to the p-.vailina pany al l reasonable costs Uld expense, includlns lltOrney lees.
II. INSPECTION. Pwdlaser or cny desisnee. shall have the riaht to have inspe<tion(s) o(the physical condition of the Property
a1d lnclusions.11 Purchaser's expense. If written notice of any unwisfactorycondidon, signed by Purchaser, is not received by Seller or Listing
Compm,y on or beforo May I, 2000, the physical condition of the Property 1111d Inclusions shall be deemed to be satisfaction to Purohascr. If
wriaca noticeofani' unsatisfactory condition , si gned by Purchaser, is 1:ivcn to Seller or Listing Company u set forth above in this sec:tion , and
if Pttrthastrand Seller have not reached a written agreement in smlem r:nt thereof on or before May 5, :moo, this contract shall then lmninute.
subject to section 17. Purchaser is responsible and shall pay for any damaie which occurs to the Property and Inclusions as a resull of s;.ic:h
inspection.
19. AGE:-ICY DISCLOSURE. None.
20. ADDITIONAi. PROVISIONS: Sec artached Agreement For Possess ion and U,e.
21 . RECOM~IENDAT IONS OF LEGAL COCNSE L By sign ing this documen~ Pun:hasennd Scllcracknowledaethat the
~llin& Company or the Listing Company has retom mended that Pun:haser and Seller obtain lhe advice of their own legaJ counsel regarding
-uminaaion oftille and this contract.
21. TERMINATION . In the ewru this contract is tc:rminaced , all payments and things of value rece ived hereunder shall be
returned and the parties shall be relieved of all oblig.u ions hereunder, subject to ~ion 17.
23. CO UNTERPARTS . A c:->py of this document may be c.ucuted by cxh party, ...,.....1y, and when each party has executed
a copy thmof. suc:h c:opic:s taken together shnll be deemed to be a full and complt.tc contract between the panic:s .
City of Englewood. Purchaser Date
By _____________ _
Date
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May 1, 2000
INITIATED BY
COUNCIL COMMUNICATION
Agenda Hem
10a i
STAFF SOURCE
Subject
Purchase of Situs EnterpriNs
property for E~wood Parkway
Department of Public 'Norl<s Rick Kahm , Capltal Projects Manager
COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION
Thi s action supports redevelopment of CilyCenter and access for buses to the RTD U~ht Rail stalfon.
Stdff has discussed the alignment required for the Englewood Parkway Extension with City Council.
RECOMMENDED ACTION
Staff rec omm ends council approval ol a BIii for an Ordinance atahorizlng the purchase of tlv-ee (3) pan:els of
real estate from Situs Enterrrtses, LLC for a total purchase price ol $400,000. -
BACKGOUND, ANAL.YSIS, AND ALTERNATIVES IDENTIFIED
The CllyCenter Master Plan , prepared In early 1999, included extending the Englewood Parkway between S.
Elatl SI. and S. Cherokee St. and cons:ructlng a roundabout at the Cherokee I Parkway Intersection. The
alignment established In the Master Pian confomed with City Council's direction to align the Plllkway from the
Broadway Intersection to the Civic Center. Design of this section of roadway Is now complete. Four paroels of
real estate are required to accommodate the new alignment . Three parcels an, owned by SMua Ent~. The
remaining parcel is Parkway Printlng, located at 301 Englewood Parkway .
Negotiations with the present property owner commenced on March 10, 2000 . Negotiations concluded with a
mutually a reeable purchase price and terms.
FINANCIAL IMPACT
Adequate funds are budgeted for this acquisition In the Public Improvem ent Fund account no . 03-40 .
LIST OF ATTACHMENTS
Bill for an Ord inance
Legal Descri pt ions
MQNTGQN(ER k'.-RHLll/P!i, me.
UNIJ St1l.YEYING
75!!0 W. Y1/e A,e., Suite 110 ~ Oen,er, CO 80227
Phone (303)989-3383 ~ Fax (303)989»e944
JOB NO. 926 .002
FEBRUARY 3, lOOQ_
SHEET I OFl
y
PORTIONS OF LOTS:?, 3, 4 AND 5, BLOCK I, McKINLEY'S SUBDMSION , 2·:o Fn.lNG, CITY OF
ENGLEWOOD , COl!J,,iY OF ARAPAHOE, SH TE OF COLORADO, LYING IN THE sot;THWEST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUl'R RANGE 68 WEST OF THE 6t11
PRINCJJ>AI. MER.IDIA.'i. MOR.E PARTICULAR!. Y DESCRIBED AS FOI.I.OWS :
li,1
B~INNING AT A POll'iT ON THE WEST LIJl,"E OF SAID BLOCK I, McKIN!.EY'S SUBDMSION,
2" Fn.ING, BEING Al.SO ON THE WEST Lr..c OF THE SOLiHWEST O!s"E-QUARTER OF THE
SOUTHEAST ONE-QUARTER OF THE SOUTHWEST uNE-QCARTER OF SAID SECTION~,
A."ID FROM V.lllCH POl!\T THE SOUTHWEST COR.'IER OF THE SOL7HWEST O!s"E-QUARTER
OF THE SOUTHEAST 01'"E-Qi.'ARTER OF THE :iOUTHWEST Ol'<"E-QUARTER BE.W SOU'T1f •1
0'05 '12" WEST A DISTA.'iCE OF 624 .24 FEET; Ti:!E'<CE NORTH o·os · 12" EA.ST ALONG SAID
WEST LINE AND AJ.ONG"l'HE WE.ST LINE OF SAID BLOCK I, A DISTANCE OF 94 .69 FEET TO
THE NORTHWEST COR.'iER OF SAID BLOCK I, LYING ON THE SOt;iH RJGHT .QF-WAY LINE
OF WEST GIRARD /, VEN1.'E; THENCE SOLrrH 89'50':?2" EAST PARALLEL WITH THE SO!JiH
Lll'<"E OF THE SOL"l1ffi"EST Ol'<"E-QUARTER OF SAID SECTIO~ 34, ALONG SAID SOUTH ~
RIGHT-OF-WAY LINE, AND ALONG THE SORTii LINE OF SAID BLOCK I, A DISTANCE OF
250 .57 FEET TO THE NORTHEAST COR.'IER OF LOT 2, BLOCK I; THENCE SOUTH 0'03'01"
WEST ALONG 1HE EAST LINE OF SAID LOT2 A DISTANCE OF 94 .69 FEET TO A POINT ON
THE NORTH LINE Of PARCEi. il AS OF.SCRIBED IN RECEPTION NO. A7029497 IN THE
RECORDS OF ARAPAROE COUNTY; lliENCE NORTH 19'50':?2" WEST ALONG THE NORTH
W."E OF SAID PARCEL A DISTANCE OF 250.63 FEET TO THE ?OIJ',T OF BEGJ!\WG.
CONTAINING AN AREA OF 23, r.9 '. ,UARE FEET, OR 0.055 ACR.ES. MORE OR LESS .
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7550'W. Ya'Ave.1 Su/te 110 -. Qe!IWI, co 80227
Phone (303)989-3]!3 -Fax '(303)989-8944
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JOB NO. 92§,__002
FEBRUAll Y 3, 2000
SHEET I Of 2
A PORTION OF LOTS 2. l. 4, Al•U S, BLOCK I, AND A PORTION OF VACA TED SOUTH
CHEROKEE CIRCLE. McKINLEY'S SUBDIVISION, 2,., mING, CITY OF ENGLEWOOD ,
COUNTY OF ARAPAHOE, STATE OF COLORADO, LYING IN THE SOL'THWEST ONE -QUARTER
OF SECTION 34 , TOWNSHIP 4 SOL71i, RA.'IGE 68 WEST OF lHE 6"' PRJNCIPAL MERIDIA.'1/,
MORE PARTICUL AR!. Y DESCRIBED AS FOLLOWS :
CO~CING AT THE SOLTI!WE ST COR.'iER OF THE SOL"THWEST 01','E,QL'ARTER OF THE
SOUTHEAST ONE,QU.A,RTER OF THE SOUTHWEST ONE-QUARTER OF SAID SECTION 34;
TI1E:-;CE NORTH 0'05'12" EAST ALONG THE WEST LINE OF THE SOLTri\~'EST O!<'E ·
QUARTER OF mE SOL'THEAST ONE -QUARTER OF THE SOLiH\\-'EST ONE-QU.A,RTER OF
SAID SECTION 34 A DISTA."CE OF 59U6 FEET TO TilE TRl"E POCSJ OF BEQJ;,.']IIJNG: THENCE
CON'IDiUING NORTH 0'05' 12" EAST ALONG SAID WEST U?,'E A DIST.-1..'ICE OF 32.68 FEET;
THENCE SOUTH 8!M0'22" EAST. PARALLEL WITH THE SOL'TH LJ1','E OF TilE SOUTHWEST
ONE-Q UARTER OF SAID SECTION 34, A DISTANCE OF 250 .63 FEET TO A POINT ON THE WEST
L~'E OF LOT I, BLOCK I OF SAID McKINLEY'S SUBDMSJON, 2"° FILING ; THENCE SOUTH •
0'03 ·or WEST ALONG THE WEST LINE OF SAID LOT I A.\ID SAID WEST LINE EXTENDED A
DIST A.'ICE OF 23.80 FEET TO THE CE'<'TE.Rl.11','E OF SO!J'TH CHEROKEE CIRCLE; THENCE
SOI.J'TH 89'50'22" EAST ALONG SAID CENTERLINE A DIST.-1..'ICE OF 45 .38 FEET TO APOINT
ON A NON-T A.'1/GENT Cl/RYE ON 1"rlE WESTERLY RlGHT-OF-WAY LINE OF ENGLEWOOD
PARKWAY; THENCE SOUTHER!. Y ALONG SAID WESTERLY RIGHT-OF-WAY LINE A..\ID
ALONG THE ARC OF SAID CUR VE TO THE LEFT, HA YING A R,IDIUS OF 33 UO FEET AND A
CENTRAL A.'1/GLE OF:1"4:'14", A.'i ARC DISTA.'ICE OF 21.43 r::ET (THE CHORD OF SAID
CUR'v'E BEARS SOUTH 21"1 l'O:" WEST A DISTA.'ICE OF 21.43 FEET); ~CE DEPARTING
SAID RIGHT-OF-WAY LINE. NORTH S9'l0 '22"WEST A DIST . .\..'ICE OF 37.65 FEET TO A POJ1',i
LYING ON A NON-TA.'IGE.'ff CLllVE: TIIENCE NORTI{V,'ESTERL Y ALONG raE ARC OF SAID
Cl.JllVE TO THE LEFT. HA vlNG A R.-\DIUS OF 47 .00 FEET A.'S1J A CDITR..>J. .-1..'IGLE OF
. · 4S"55'04 ", A..'I ARC DISTANCE OF 40. 13 FEET(THE CHORD OF SAID CURv'E BEARS NOP .TH
65'22'5 0" WEST A DIST.-1..'ICE OF 38.92 FE:" 1; THE NC E NORTH S9"S0'22 " \~'EST A DISTI.NCE
OF 215 .25 FEET TO 1:-!E TRL'E por:-,J OF B'·G!N1'JMl, COl'li . .>J:-,,ThG . .\.'I .A,REA OF 9195
SQL'ARE FEET, OR 0.211 ACRES , MORE OR LESS . ,,,\,,,,,.,,,~,,,,,,,'i..
f~~~t,~:'.;f :;;>.L .di c-'n'l~""t-t "'j' . Cq;i:~'11) E MONT~~RY I
~ :-,.: 12 C53 :;: ,&~O PLS :-o . 1_01,
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Phone (303)9'aP -383 -Fv: (303)989-8944
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SmIS EY[ERPRISES-T:\KING P,\RCEL
JOB NO . 926:002-
FEBRUAR Y 3, 2000
"' ,SHEET I OF 2 ,
A PORTION OF LOTS I AND 2, BLOCK 2, Mcl<Il'<1.EY"S SUBDIVISION, l'l> FILING. CITY OF
ENGLEWOOD , COL'l'ITY OF ARAPAHOE. STA TE OF COLORADO . LYING IN THE SOU"fliWEST
ONE-QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH. RANGE 68 WEST OF TIIE 6,,,
PRINCIPAL MERIDIAN, MORE PARTICL'LARL Y DESCRIBED AS FOLLOWS :
COMMENCING AT THE SOUTHWEST COR.'iER OF THE SOUTHWEST ONE-QUARTER OF THE
SOliTHEAST ONE-QUARTER OF THE SOtlTHWEST ONE-QUARTER OF SAID SECT-ION 34;
=~g~~~~~~:~~ ~~~Gt:;:,.:~~ ~S~L~-wi~~~~it.~R'OF
SAID SECTION 34 A DISTANCE OF 591.56 FEET; ~CE SOliTH S9'50'22" EAST, PARALLEL
WITH THE SOtrrH LINE OF THE SOUTHWEST 01'1'-QUARTER OF SAID SECTION 34, A
DISTANCE OF ;15.25 FEET TO A POINT OF CliRVE; TIIENCE ALONG SAID CURVE TO THE
RIGHT, HA VTNG A RADll.iS OF 4i.OO FEET AND A CE:-."TRAL A.'-GLE OF 48'55 '04", A.'< ARC
DIST A.'ICE OF 40 .13 FEETTO THE TRUE POINT OF BEGINNING: THE-ICE DEPARTING SAID
CURVE. SOUTH 89'50':!2" EAST A DIST A.'ICE OF 37.65 FEET TO A POINT ON A NON-T A.'«iEIIT
CURVE ON THE WESTERLY RIGHT-OF-WAY LINE OF ENGLEWOOD PARKWAY; THENCE
SOUTHER!. Y ALONG SAID RIC HT-OF-WAY Ul,c A.'10 ALONG TIIE ARC OF A CURVE TO THE
LEFT, HAYUIIG ARADlliS OF DI.SO FEET, AND A CENTRAL A.'IGLE OF 3'13'13", AN ARC
DISTANCE OF 18.63 FEET TO A PO!'NT OF COMPOL'l'<"D CUR VE (TI!E CHORD OF SAID CURVE
BEARS SOUTH 17'43 '18" WEST AD! iT ANCE OF 18 .63 FEET); THENCE CONTINUING ALONG
SAID RIGHT-OF-WAYLll'+c A.'iD AWNGSAID CL"RVETO THE lEFT, liAV!NGARADRJS OF
613 .00 FEET AND A CE.'iTRAL ANGLE OF 14'57'4I", AN ARC DIST."-'ICE OF 160.07 FEET(THE
CHORD OF SAID CURVE BEARS SOl.lTil S-37'54" WEST A DISTA.\/CE or-159.61 FEET) TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LIJsc OF WEST HAMPDEN PLACE ; THENCE
SOUTH -IS'OO 'OO" WEST AL01'G SAID NORTHER!. Y RIGHT-OF-WAY Lll'+c A DIST A.\/CE OF 6.56
.. FEET; TIIENCE NORTH 4'14 '1r EAST A DISTANCE OF JO:?. I I FEET : THENCE NORTH 7'54'10"
EAST A DISH.\/CE OF Jl.00 FEET TO A POI:-.1' OF .'iON-T."-\/GE:-.1' Cl"RVE : THENCE ALONG
THE ARC OF SAID CURVE TO TIIE LEFT. HAVING A RADIL'S OF 64 .50 FEET A.\/"D A CENTRAL
ANGLE OF 4:?'17'4T, A.'I ARC DISTA,\/C E OF 4i,6I FEET (THE CHORD OF SAID CL"Rvc BEARS
NORTH 19'4o 2l'" WEST A DISTA.\/CE OF 46 l4 FEET) TO THE TRU PO[N[ OF BEGINNTNG.
CONHf.\.'ING A.'i AREA OF 15 74 SQl.:."-RE FEET OR 0.036 ACRES . \<IORE OR LESS .
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