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Home My WebLink About1996 Ordinance No. 032• • • 11 b 1 BY AUTHORITY OFTJINANCE No.JJ... SERIES OF 199fi COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING THE SALE OF 3384 SOUTH BROADWAY PROPERTY TO WALTER AND MARlLYN GOLTL . WHEREAS. the property 3384 South 'drondway was purchases by Uie City in 1994 from tbe Fraternal Order of the EagJr.s ofter a fire destroyed the property: and WHEREAS . the City hos included certain restrictions in the Deed to this prop<>,'t;' the prohibited uses of this property are : automotive, tatto bu sinesses, nd1.!.!: ~?"i P.r1ted businesses. massage t-usinesses. pawn shops. and temporary labor offi ces: an,l WHEREAS. th e City i·,as also included a reversionary clause in the Deed whe1 eby if not developed within 3 v>-rs of the sale of this property the property shall revert back to the City; NOW , THEREFORE, BE IT ORDAL"'lED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS : Sl:!:tiJm..l.. The City Council oi the City of Englewood, Colorado hereby approves the sale of property located at 3384 South Broadway, Englewood, Colorado to Walter and Marilyn Golt! as detailed on Exhibit A -Wa rranty Deed . Introduced, read in full , and oassed on first reading on the 15th day of July. 1996 . Published as a Bill for an Ordinance on the 18th day of July, 1996 . Read by title and passed on final reading on the 5th day oi Augu st. 1996. Publi shed b)' title as Ordinance . o~.2.. Series of 1996 , on the 8th day of August. 1996. Mt1.~ Lo ucri s hi a A. Elli s . City Clerk -!- I, Louc:rishia A. Ellis, City Clerk of the City ~f Englewood, Colorado. here by c,,rtify thot the above and foregoing is • true copyJ)f the Ordinance paased on final reading llild published by title as Ordinance No .~ Ser ies of 1996. ~!ft Loucrishia A. ElliH -2- • • • • • • THIS IS A LEG INSTRUMENT. IF NOT UNDERSTOOD , LEGAL, TAX OR OTHER COUNSEL SHOULD BE CONSULTED BEFORE SIGNING. SPECIAL WARRANTYDZED THIS DEED, made this __ day of ___ , 1996 between THE CITY OF ENGLEWOOD , COLORADO , a Home Rule City existing under and by virtue of the laws of the State of Colorado, g=tor, whoso legal addresa ia 3400 South Elati Street, Englewood, Co lorado 80110 and WALIBR W. GOLTL and MARILYN J . GOLTL , grantees; whose legal address is 2161 Jeff Cit;, Road #23, Evergreen . Colorado 80439 . WITNESSETB, That the grantor. fo r and in consideration of the sum of THIRTY- THREE THOUSAND DOLLARS ($33.000 .00l , the receipt and sufficiency of which is hereby acknowled ged. bas granted , bargained. sold and co nv eyed, and 1,y these presents does grant. bargain. seU, convey and confirm . unto th e grantee, its sU1 eesaors and assigns foreve r , all the real property together with improvements. if any , situate. lyin g and being in the Co unty of Arapahoe, State of Co lorado described as follows : also know as : Lot 9 nnd South 15 Feet of Lot 8 Block 4 Premier Addition to Englewood Arapahoe Co un ty Colo rado 3384 South Broadway Englewood. Co lorado 80110 TOGETHER. with all and singular the bereditaments and appurtenances thereunto belonging, or in anywise appe naining, and the reversion and re,·ersions . re mainder and remainders, rents, issues and profits thereof; and all the estate, right. title interest. claim and demand whatsoe"er of the grantor, either in law or equity, c,r ;.n and to the a bove bargained and premises. wi th the bereditaments and app urtenances . TO HA VE AND TO HOLD the s aid premises a bove bargained and described . .vith the appurtenances, unt o the grantee. its successors and assigns foreve r. And the granter fo r itself. its suc cessors and nssi&ns, does covenant, grant , bargain and agree to :1.D.d with the grantee, its successors and assigns, that at the time of the ensealing and de li very of these presents. it is well seized of the pre mises a bove co nveyed, has good, sure, petfect. a bsolute and ind efeasibl e estate of inheritance . in law, in fee simple, and has good ri ght. full poner and lawful authority to gr ant, bargain , sell and co nvey the same in manner and fo rm aforesaid, and that the s ame are free and clear fro m ~u fo rmer and oth er grants, bargains, sales. liens . trutes, assessments, encum brances and restrictions of whatever kind or nature soever, except : Those ite ms of record and those specifically W'thheld below . SPECIAL D&:.D RESTRICTIONS. This property shall not be us ed for the followin g purposes: au tom otive. tattoo businep · es, adult oriented businesses, massage busir1esses. pawn sho ps or te mporary labor offices . Said use of the property shall cause the property r.a reve rt ta the City of Englewood upon notific::ition and payment of S33 ,000 .0 0 . REVERSION FOR LACK OF DEVELOPMENT. If construction of a building has not be gun within three years of the signing of this Deerl. the property shall revert to the City of Englewood upon notification and payment al S33.000.00 . f A The llftlllor shall and will WARRANT AND FOREVER DEFEND the above • bargained premioes in the quiet and peaceable poeaession of the grantee, ita sua:euon 1111d araigns, againat all , id every pencn or penon.1 lawfully claiminr; or to claim the whole or any part thereof. IN Wl'l'NES8 WHEREOF, The said grantor has caused its name to be hereunto subscribed by 'lbomaa J. Buma ,.. Mayor of the City of Englewood. Colorado a.od its seal to be hereunto affiDd, attested by ita City Clerk, the day and year lint obove writlml. CITY OF ENGLEWOOD By ___________ _ Thomas J. Burns , Mayo r ATTEST Loucrishia A. Ellis. City Clerk STATE OF COLORADO ) ss. CO UNTY OF ARAPAHOE ) The foregoing instrument wss acknowledged before me this ____ day of _____ 1996 by_Thomas J . Burns, as ~fayo r of the City of Englewood. Colorado. My commission expires : Witness my hand and official seal. Notary Public Address: • • • • Date July 15 , 1996 COUNCIL COMMUNICATION Agenda Item 11 ai Subject BIii for an Ordi111nce approving &ale of 3384 S. Broadway INITIATED B\' Department of Pubic Viork!, I STAFF SOURCE Charles Esterly, Direcior COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The property at 3384 S . Broadway was purchased by the City in 1994 from the Fraternal Order of the Eagles after a fire destroyed the property . RECOMMENDED ACTION Adopt a bill for an O<dinance approving the sale of 3384 S. Broadway property to waiter end Marilyn Goltf . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED The City has incl ud!?d certa in restrictions in the Deed to this property . Prohibited uses include a, tomolive , tattoo businesses , adult oriented businesses , massage businesses , pawn shops , and temporary labor offices . The City has also included a reverslonary clause in the Deed stating that if development of ttoe property does not take place within three years of the sale of the property , the property will revert back to the c ;!y . Closin g is anticipated to take place on September 6, 1996. Fl..:ANCIAL IMPACT This property was appra ised in July , 1995 by Dan Stephens .. MAI , of Aries Compass Group , for $30,000 . The sale price of $33 ,000 represents fair mar1<et value as of th is date . Manning Real Estate will receive a brokerage commission of 7% of sale price as Transaction Broker in th is sale . LIST OF ATTACHMENTS Bill for an Ord in ance