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HomeMy WebLinkAbout2000 Ordinance No. 083• ORDINANCE NO . '&3 SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO. 86 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZING THE PURCHASE OF 2399 WEST WESLEY A VENUE BY THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , the owners of the 2399 West Wesley wish to sell the property to the City; and WHEREAS, several potential uses are available for the property including sites for future A VS homes, sites for a home ownership initiative and sites to demonstrate attractive single family attached dwelling design; and WHEREAS, developing the subject residential property will require r.ombining this property with 2357 West Wesley Avenue, then subdividing the land and requesting a variance to accommodate eight building lots with minor variances for lot width and area ; and WHEREAS, the combined property could ultimately be developed with up to sixteen dwellings as eight duplexes; and WHEREAS, a variety of public objectives can be accomplished with the development of this property such as: I) Introducing home designs with a more attractive relationship with the street; 2) Developing desirable floor plans; 3) Increasing the inventory of affordable new housing for home ownership ; 4) "Raising the bar" with better quality housing, hopefully pushing the private development community towards higher standards in the neighborhood; and WHEREAS, by the passage of this proposed Ordinance the Englewood City Council will authorire the purchase of 2399 West Wesley Avenue and the Englewood Community Development Department will be able to pursue future development at this location; NOW , THEREFORE, BE IT ORDAINED BY THE CIT'{ COUNCIL OF' THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS: ~-The City Council of the City of Englewood, Colorado hereby authorires the purchase of the 2399 West Wesley Avenue under the "Offer To Sell Residential Real Estate" which is attached hereto as "Exhibit A." Sl:l:ti.!m..2 . The Mayor and the City Clerk are authorized hereby authorized to sign and attest the "Offer To Sell Residential Real Estate" for the purchaee of 2399 West WeRley Avenue on behalf of the City of Englewood , Colorado. Introduced, read in full , and paeeed on Ii.rot reading on the 16th day of October, 2000. -1- • • Published as a Bill for an Ordinance on the 20th day of October, 2000. Read by title and passed on final reading on the 6th day of November, 2000. Published by title as Ordinance No . h Series of 2000, on the 10th day of November, 2000 . I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby O.J1tify that the above and foregoing ia a true COiii of the Ordinance passed on final reading .......... ~--,-···,;_~,1th Loucrishia A. Ellis -2- • OF·FER TO SELL RESIDENTIAL REAL ESTATE This Offer iJ made on the /s"IC day of Cl:,ms CL 2000, by WIWAM MARTIN TELFER, DANIEL DEE TELFER. JAY EUGENE TELFER AND RICHARD ROBERT TELFER, AS JOINT TENANTS, OF ARAPAHOE COUNTY, 2399 West Weeley Avenue, EnsJewood, Colorado 80ll0 [Seller]. Seller, agrees to oell, on the tarma and conditions set forth in this Offer, the followinc dtlCribed real estate in the County of Arapahoe, Colorado, to wit: Lots 37-38, Block 1 EX West 5 Feet and EX North 25 Feet for roads, SOUTHLAWN GARDENS ANNEX. County of Arapahoe, State of Colorado also known as: 2399 West Wesley Avenue Englewood, Colorado 80110 together with all interest of Seller, all improvements thereon and all attached fixtures thereon . The purcbeae price shall be ONE HUNDRED AND EIGHTY THOUSAND DOLLARS (S180,000 .00) payable in U.S . Dollars by Buyer. This Offer shall not be assignable by the City of Englewood without Seller's prior written co nsent. E,cept for this restriction, this Offer sball inure to the benefit of and be bindinc upo n the heirs, personal representatives, successors and assigns of the parties. Seller shall e,ecute and deliver a good and sufficient Special Warranty Deed to the City of Englewood, conveying the Property. The seller sball be responsible for customary clos 'ng costs including providing the title insurance through Land Title and filing fees. The offer is valid through Dece mber 15 , 2000. The City must accept offer and close by that date. E,cept as otherwise provided in this Offer, the Property and Inclusions shall be delivered in the oondition existing as of the date of this Offer, ordinary wear and tear e,cepted. E:,./TIRE AGREEl\>IE:-IT . This Offer constitutes the entire contr,ct between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or wr itten, have been merged and integrated into this Offer. NOTICE OF ACCEPTANCE: COUNTERPARTS. If accepted, tbia document 1hall become a contract betwHn Seller and the City of En,lewood. A copy of thi£ document may be uecuted by each party, Hparately, and when each party hae eucuted a ,:;spy thenof, 1uch copi,,1 taken toll"ther ,hall be deemed to be a full and complete contract between the partiea. Date of Seller's signature: #7>1SCA. /0, P,61-0 I Seller's Address: • Date of Seller's signature: ,g,,,ou, ~ 2.$~0 Seller's Address : ;34.33 /J, f3•w'-Z.Sl ~ L 1-rrL.cn~ liui it.~o f,9/.2.3 · ~rfo • Date of Seller's signature· 43:m4'£L "9 ,~~O Seller's Address: ~ 'i' j'r {)llw'Ud 1 ~& Ao~111! S11o,y f:Jt'U•; a.'-'~~4 f2.l:ll-Jl'S~ Date of Seller's signat\ll"f'· ,:<:),zz,aa, /(} ~ S,ller's Addresa: 12 ~,c-J U<lC &rt, PA1t.JC., ~., 'HJSIT -2- • tQ.WER QF ATIQRNJX Imm. WILLIAM M TELFER, 407 Wiley Street, Encampment, Wyoming 82325-03 I 3 Tu. DANIEL 0. TELFER, 3433 West Bowles Avenue, Littleton, Colorado 80123-2850 7 IC'IOW ALL MEN BY THESE PRESENTS: That the said William M .. Telfer, of the address above recited, teposing special trust and confidence in the said Daniel D. Telfer, of the address above recited, have made, constituted, and appl'inted, and by these presents do make, constitute, and appoint the said DANIEL D. TELFER, with full and complete authority, without reservation of any right whatsoever, to sell and convey the following described real property in fee simple, to-wit: LOTS 37-38, BLOCK I, SOUTHLA WN GARDENS ANNEX EXCEPT THE WESTERLY 5 FEET THEREOF AND EXCEPT THE NORTHERLY 25 FEET THEREOF, Being situate in the City of Englewood, County of Arapahoe, State of Colorado commonly known and numbered as 2399 West Wesley Avenue 80110, and to execute a good a~" sufficient warranty deed thereto to the purchaser (s); and, generally, to do all acts necessary for conveying as a complete a title thereto as I, the grantor, would myself convey, hereby covenanting with all whom it may concern to ratify and confirm all lawful acts done in pursuance of this power and hereby giving and granting unto the said DANIEL D. TELFER full power aiid authority to perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises, as fully to all intents and purposes as I rr.ight or could do if personally present IN WITNESS WHEREOF, I have hereunto set my hand and seal this M"ht,"~ . 2000 . h :t:L-day of ~,{JZ~ STATE OF WYOMING COUNTY OF (__._. J;l SI t> )) ) !S )l WILLIAM M. TELFER L ?l&\-r-,~~ a Notary Public in and for the said County,~ do hereby cer.ify 1bat WILLIAM M. TELFER, who i5 personally known to me to be the person wh,se name ii; subscribed to the within Power of Attorney, appeared before me this day in pmon and ::~i..lowl~l lbat be sianed, scaled, and delivered the said instrument of writing as his free and voluntary act and deed, for the uses and purpt ses therein set fonh . GIVEN UNDER MY HAND AND SEAL TITTS ---~~ DAY OF~ "«;4611, C: , 2000. WITNESS MY IIA.i'ID AND OFFICIAL SEAL My commission expires: _ __.\_-_1'"'':¼"-----=~""Si"-'S+,,.._,_3 ____ _ KAREN YOUNGBERG · NOTARY PUBUC ClllNTYOf • SWECE CNIBON lfflMll 111, Cr.mrr.1ssu,,1 £1pir 11 01/14/2003 .-.-.._ --·----·-AddRSII of Notary Public: ,As;i.J.... N I :5-. c:5';; ~ ' • ~ POWER OF AITQRNEY RICHARD R TELFER, 12 Ridgewood Lane, Estes Park, Colondo 80517 DANIEL D. TEI.FER, 3433 West Bowles Avenue, I ;ttlcton, Colondo 80123-2850 KNOW ALL MEN B\' THESE PRESENTS: That the <,:.id Richar:l R. Telfer, of the address above recited, reposing special trust and confidence in the ~;Jct Dani d D. Telfer, of the address above recited, have made, constiMCd, and appointed, and by th= p, e--~nts do make, constitute, and appoint the said DANIEL D. TELFER, with full and complete authority, without reservation of any right whatsoever, to sell and convey the following dcscnbcd real property in fee simple, to-wit: LOTS 37-38, BLOCK I, SOUTHI.AWN GARDENS ANNEX EXCEPT IBE WESTERLY 5 FEET IBEREOF AND EXCEPT IBE NORIBERL Y 25 FEET IBEREOF, Sting situate in the City of Eni:lewood, County of Arapahoe, State of Colorado commonly known and numbered as 2399 West Wesley Avenue 80110, and to execute a good 111 ,d sufficient wa,ranty deed thereto to the purchaser (s); and, gene rally, to do all .lets ncccssary for conveying as a comp!~e a title the:-eto as L the grantor, would myself convey, hereby covenanting with all whom it may concern to ratify and confirm all lawful acts done in pursuance ol° this power and hereby giving and granting unto the said DA.VIEL D. TELFER full power and authority to perform all 1111d every act and thing whatsoever requisite and necessary to be done in and •bout the premises, as fully to all intents and pwposes as I might or could do if personally present. IN WITNESS WHEREOF, I have hereunto set my hand and seal this --"'3"-'-/l--D~ __ day of SnrfMe,se-, 2000 . STATE OF COLORADO )) ) ss COUNTYOF })?t-JV6P--)) RICHARD R. TELFER • • ~ Me:,,s4: )). 2.+R.A§ou.. a Nota,y l Public in and for the ~d Collllty, in the State aforesaid, do hereby certify that RICHARD R. TELFER, who is pmonally blown to me to be the person whose name is subscribed to the within Power of Attorney, appeared before me this day in person and acknowledged that he si811ed. sealed, and delivered the said instrument of writing as his free , nd volW1taiy act and deed, for the uses and pU!pOSCS therein set fonh. 2000. GIVENUNDERMYBANDANDSEALTHIS ~ DAYOF &.pre:ms§& 'if' TNESS MY HAND AND OFFICIAL SEAL MY(nlUISOONEXPlRES~1~ My commission expires : _______________ . ~~fu)~ Address or Notary Pul>lic: 1:y<;>1NE~s-NGu-1 Morvev l::xP12i;~ 9b! E;,. UJLf~~ ~1/E . J;iNve-~, CO . frOo-1~ • POWER OF ATTORNEY JAYE. TELFER. 6987 Parkside Avenue, Building B, San Diego, California 92139-38SS DANIEL D. TELFER, 343 3 West Bowles Avenue, Littleton, Colorado 80123-2850 KNOW ALL MEN BY THESE PRESENTS : That the said Jay E. Telfer, of the address above recited, reposing spec ial truSt and confidence in the said Daniel D. Telfer, of the address above recited, have made , constituted, and appointed, and by these presents do make, constitute, and appoint the said DANIEL D. TELFER, with full and complete authority, without reservation of any right whatsoever, to sell and convey the following described real property in fee simple, to-wit: LOTS 37-38, BLOCK I, SOU1HLA WN GARDENS ANNEX EXCEPT THE WESTERLY S FEET THEREOF AND EXCEPT THE NORTHERLY 25 FEET THEREOF, Being situate in the City of Englewood, County of Arapahoe, State of Co lorado commonly known and numbered as 2399 West \Vesley Avenue 80110, and to execute a good and sufficient warranty deed thereto to the purchaser (s); and, generally, to do all acts necessary for . ·,nveyi ng as a complete a title thereto as L the granter, would myself convey, hereby covenanting with all whom it may concern to ratify and confirm all lawful acts done in pursuance of this power and hereby giving and granting unto the said DANIEL D. TELFER full power and authority to perform all and every act and thing whatsoever requisite and necessary to be done in and about the premises , as fully to all intents and purposes as I might or could do if personally present. IN ~SS WHEREOF, I have hereunto set my hand and seal this __ £«--,__T,~H __ day of ,2000. ,~' q- STATE OF CALIFORNIA )) ) ss COUNTYOF j)~~1..-';?> )) SEE ATTAOHED AOKNOWLEDGEMENT • r Public in and for the said County, in the Slate aforesaid, do hereby certify that JAY L TELFER, who is personally known to · me to be the person whw. name is svbscnbcd to the within Po\m' of Attorney, appeared before me this day in person and acknowledged that be sianed, sealed, and delivered the said instrument of writing as his free and voluntary act and deed, for the uses and purposes thmin set forth. 2000. GIVL"i UNDER MY HAND AND SEAL THIS .;5~ DAY OF~,/..· WITNESS ID «Am) A,.'<11) omclAL SEAL ·.v<.y commisi ,on expires : -+f;-,/i~~=c..,/._.2..o .. =o.._.1 _________ . t'-~------°".,Notary Public ~Qjo=.~'.N l Address orNoJ;arY,hbllc: i ~~~ 2f.If 4-lb.-v'!..,J I SAN 0EGO COUNTY I . ~ lrtCCMM.EXP.-.711,:;u:11 s;?-..LJ Z 2,13q • ..\ii' ')1 COUNCIL COMMUNICATION Date Agenda Item ,U t t 111 A '' Subject: Bill for an Ordinance authorizing purchase of 2399 W. Wesley October 16 2000 ___ 1'-<1~a~v~il ___ ~-------- INITIATED BY: Community Development Dept. STAFF SOURCE: Mark Graham, Senior Planner and Janet Grimmett, Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On September 5, 2000 , Council authorized staff lo negotiate on residential property in northwest Englewood . RECOMMENDED ACTION Approve a Bill for an Ordinance authorizinp the purchase of residential property located al 2399 West Wesley Avenue. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff toured the property, ordered and reviewed the appraisal and met with the property owner to dlscuss property value . Several potential uses are available for the property including sites for future AVS homes, sites for a homeownership initiative, and sites lo demonstrate attractive single family attached dwelling design. Developing the subject residential property will require combining this property wit h 2357 West Wesley Avenue , then subdividing the land and requesting a variance to accommodate eight building lots with minor variances for fol width and area. The combined property could uitim&leiy be developed with up to sixteen dwellings as eight duplexes. Th e Planning and Zoning Commission reviews and approves subaivision plats, an~ the Bo srd of Adjustment decides variance requests . The four lots facing West Caspian Avenue could be inventoried until the balance of the right of way is acquired for public improvements including street and utility extension s. Caspian appears in the major street plan, however, there are currenliy neither plans nor budgets to construct it. Slaff may facilitate a meeting with the neighbors to discuss the infrastructure and the financing options. A vari'lty ol public objectives can be accomplished with the development or this property: • l,1Qj ' 1/1 J I 1. lntrodu1.:~'.! home designs with a more attractive relationship with the street ; 2. Developing deslrebi~ floor plans (e .g. 3 bedrooms, 2 baths , basements, garage,, etc .) 3. lncreaelng ll)e Inventory or affordable n~w f101J~lqg lor homeownership, and ; 4. "Ra ising the bar" with better quality hous rng '. hopefully pushing the private development community towards higher standards In the neighborhood . Staff negotiated the purchase or the subject property tor la ir market value based on an Independent appraisal. FINANCIAL IMPACT Funds lo purchase the property are available th rough the Housing Rehabilitation Enterprise Fund . No other sources of monies are required. LIST OF ATTACHMENTS Bill for an Ordinance Map of Ne ighborhood ::\,. :.---~-----------~-------'- { .. r-..... ·: 1 r 1 ' . -,···