HomeMy WebLinkAbout1996 Ordinance No. 072• ORDINANCE NO. 2)
SERIES OF 1996
BY AUTHORITY
COUNCIL BILL NO. 76
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE APPROVING THE SALE OF FlVE CITY OF ENGLEWOOD
PROPERTIES LOCATED AT 3400, 3'10, 3420, 3424 AND 3428 SOUTH SHERMAN STREET
TO THE ENGLEWOOD HOUSING AUTHORITY.
WHEREAS, the City Council authorized the purcliue oftheH propertiao with the puaage of
Resolutions No . 85 and No. 86, 1993; and
WHEREAS . t!.e Ens!nood City Council autharued the appropriation of the funds for tae
pun:haae of diese 5 properties witil the passage of'Resoluticm No . 84, Series ofl993; and
WHER'.sAS, an Optiou Agreemeut for the sale of these 5 properties betweeu the City and 1·he
Englewocd Houaing Authority wu authorized by the Englewood City Council with the
passage .>f Resolution No . 66, Series of 1995;
NOW. '1'HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF T"dE CITY OF
EJ<GLJ,WOOD , COLORADO , AS FOLLOWS:
• ~ The City Council of the City ofEuiJewood, Colorado hen,by apµrovee the sale of
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the foll owing five properties to the Englewood HOUSU1i Authority u detailed ou Exhibit A
and Exhibit B -Warranty Deeds:
l . 3400 South Shr.rman Stttet
2. 3410 South Sherman Street
3. 3420 South Sherman Stn!et
4 . 3424 South Sherman Street
5 . 3428 South Sherman Stn!et
Sl:s:tiwl,.2 . The City Manager and the City Clerk are authori.ied to execute the proper form of
deed for the conveyance of these properties.
Introduced, read :n full, and passed on first reading on the 2nd dsy of December, 1996.
Published as a Bill for an Ordinance on the 5th dsy of December, 1996.
Read by title and passed on final reading on the 16th day ofDecemoor, 1996 .
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Publiahod by title u Onlinanco No. Jsl Seriee of 1996, oo the 20th day of December, 1996.
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Louailhia A. Ellia, City Clerk
I, Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that
the above and foregoing ii a true copy of the Ordinance pu,,ed 011 l!.nal readinr and .,.,.._,,,.,,u-••S-••~ !I 1h
Loucriahia A. Ellia
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THIS IS A LEGAl. INSTRUMENT. IF NOT UNDERSTOOD, LEGAL, TAX OR OTHER
COUNSEL SBOUlJ> BB CONSULTED BEPORltstONING.
SPBCJAL WARRANTY DBED
THIS DEED, lllllde thia __ day of December, 1996 betw""'1 THE CITY OF
ENGLEWOOD, COLORADO, a Home Rule City uiatinJ under ad by virtue of the laws of
tha State of Colorado, ,...,air, '!!boae lepl addnu is 3400 South Elati StNet, Englewood,
Colorado 80110 and THE ENGLEWOOD HOUSING AUTHORITY, grantee; whoee lepl
address is 3460 South Sherman Street, Suite 101, Englewood, Colorado 80110.
WITNESSETB. That the grantor, for and in r.oo.aiderauon of the sum of NINETY
THOUSAND DOLLAIIS ($ 90,000.00), the receipt and sufficiency of wh,;ch is hereby
aclcnowledged, hu granted, bargained, sold and conveyed, and by these present. doe,
grant, bargain, sell, amvey and confirm, unto the grantee, ita ~rs and usigns
forever, all the real property together with improveruents, if any, si~ate, lying and being
in the County of Arapahoe, State of Colorado, described u follows:
Lots 1 thru 8, Inclus:ive, Block 7,
PREMIER ADDmON TO ENGLEWOOD ,
County of Arapahoe, State of Colorado
also know as: 3400, 3410, 3420, & 3424 Soutr Jherman Street
Englewood, Colorado 80110
TOGETHER, with all and singular the hereditaments and appurtenances
thereunto belongine, or in anywise appertaining, :md the revenion and reversions,
remainder and remainders, rents, isaues and profit. thereof; and all the estate, right, title
interest, claim and demand whatsoever of the grant'lr, either in law or equity, of, in and to
the above bargained and premises, with the hereditaments and appartenances.
TO HA VE AND TO HOLD the said p,eoises above bargained and described, with
the appunenances, unto the grantee, its successors ar,d assigns forever . And the grantor
for itself, its successors and assigns, does covenant, grant, bargain and agree to and with
the grantee, its succesaon and usigns, thst at the time of the enseafog and delivery of
these presents, it is well seized of the premises above conveyed., bas gvod , sure, perfect,
a bsolute and indefeasible estate oi inheritance, in law, in fee s:imple, and has good right,
full power and lawful authority to g,·ant, bargain, sell and conve y the same in manner and
fo rm aforesaid, and that the same an , free and clear from all fo rmer and other grants,
bargains, sales , liens, taz:es , assessments, encumbrances and restrictions of whatever
kind or nature so ever, except: Those items of record and those specifically withheld below .
SPECIAL DEED RESTRICTIONS. This property shall be used solely for
residential purposes. Any other use of th,, property shall cause the property to revert to the
City of Englewood upon notification and payment of $90 ,000.00 .
REVERSION FOR LACK OF DEVELOPMENT. If construction of a building has
not begun within three yelll'S of the signing of this Deed , the property shall revert to the City
of Englewood upon notification and payment of $90,000 .00 .
Tho ,nmtor shall cd will WARRANT AND 1'01.UND DDEND the obno •
barpinecl Pfflllliau in tho quiet and poaceablo poueuion ol'tba ,nntoo, ita..........,, ud
usicu, against all and ffff7 pa-, or penOIUI 1awfwly claim.inJ or to claim the whole
or any part thereof.
IN WITNESS WBEJIBOP, '11,e llllid grantar hu c:auad ita name to be hemmto
aubocrib< d by Do111lu A. ~ u City Manager al the City or Enalowood. Colando and
ita seal to be heroW1to allmd, attmted by ita C!ty Clerk, the day and :,ear dnt abon
written.
CITY OF ENGLEWOOD
By ____________ _
Douglu A. Clark, City Manager
ATTEST
Louc:rishia A. Ellia, City Clerk
STATE OF COLORADO )
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COUNTY OF Al\APAHOE )
The foregoing inetrumeul wu acknowledged before me thia __ day of
------~ 1996 by Douglu A. Clark, u City Manager of the City of
Eng!ewood, Colorado.
My C"J'~i ssion expire ■:
Witnese my hand and official seal.
Nolal7 Public
Address :
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THIS IS A LEGAL nffiTRUMBNT. IF NOT UNDERSTOOD, LEGAL, TAX OR 0'11iER
COUNSEL SHOULD BE CP~TED BEFORE SIGNING.
SPECIAL WAIUlANTY DUD
1BlS DEED, made this __ day of Dec.amber, !996 between THE CITY OF
ENGLEWOOD, COLORADO, a Home Rule City uiatinr Wider and bi• virtue of the !awe of
the State of Colorado, cra,ntor, '!hoae lagal addr.a ii :UO0 South Elat! StlMt, En,)ewood,
Colorado 80110 and THE ENGLEWOOD HOUSING AUTHORITY, crnntee; whoee leiral
addresa is 3460 South Sherman Street, Suite 101, Eq!ewood, Colorado 8Cll0.
WITNESSETB, That the grantor, fur and in conaideration of the sum of
TWENTY-TWO THOUSAND FIVE h"1JNDRED DOLLARS ($22,500 .00), the receipt and
sufficiency of which is hereby acknowledged, haa granted, bargained, aold and CODveyed ,
and by t.'iese presents does cra,nt, bargain, aell, convey and confirm, unto the crantee, ita
succesaon and assigns fo rever, 1111 the real property together with improvements, if any,
situate, lying and being in the County of Arapahoe, State of Colorado, described u fullowa :
Lota 9 and 10, Inclusive, Block 7,
PREMIER ADDITION TO ENGLEWOOD,
Co unty of Arapahoe, State of Colorado
also know as: 3428 South Sherman Street
Eqlewood, Colorado 80110
TvGETHER, with all and singular the hereditamenta and appurtenances
thereunto belonging, or in anywise appertaining, and the reversion and reversions,
remainder and remainden, rents, issues and profits thereof; and all the estate, right, title
interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to
the above bargained and premiMs, with it :e liereditaments and appurtenances.
TO HA VE AND TO HOLD the said pn!mises above bargained llld described. with
the appurtenances, unto the grantee, its successors and assigns forever . And the grantor
for itself, its successors and as signs , does covenant, grant, bargain and agree to and with
the grantee, its sucC1!sson and 1158igns, that at the time of the ensealing and delivery of
these presents. it is well seized of the premises above conveyed, baa good . Sl.lft, perfect,
absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right,
full power and lawful authority to gr,0 1, bargain, sell and convey the same in manner and
form aforesaid, and that the same are free and clear from all former and other granta,
bargains, sales, liens, tues, assessments, encumbrances and restrictions of whatever
kind or natutt so ever, e.cept: Those items of record and those specifically withheld below .
SPECIAL DEED RESTRICTIONS. This property shall be used solely fo r
residential purposes. Azly other use of the property shall cause the property to revert to the
City of Englewood upon notification and payment of $22 ,500.00 .
REVERSION FOR LACK OF DEVELIJPMENT. If constrnction of a building has
not begun -.;thin three years of the signing of this Deed , the property shall revert to the City
of Englewood u pon notification and payment of $22,500.00 .
·!'he snu,tor lhalJ and will WARllANT AND FOREVER DEFEND the above
barpined pnmiaet in Iha quiet Uld PM<Mbl• ~an af tbe l"llllff, ita au.._. and
U.ilJII, -,.inlt all and every penon or J)el'IIODJ lawfully cl.aimini or to cl.aim Ibo whole or any part tbenof.
IN Wl1mSS WJIEREOP, The aaid crantor hu callled ill name to be hereunto
1111,..,,;J,ed by Dou,lu A. Clark. u City Manapr of \he City of En,lewoocl, Colorado and ill
seal to be hereunto affized, •ttosted by ita City Clerk, the day and year firat above written .
ATT EST
Loucruhia A. Ellis , City Clerk
STATE OF COLORADO
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COUNTY OF ARAPAHOE J
CITY OF ENGLEWOOD
By_--::---::--~:::-~:::---:-::-----
Douclu A. Clark, City Manager
The foreeoinc instrument wu acknowledged before me this _ day of
=--...,....--,--c:-,,----,--1996 by Douclu A. Cl.ark, u City M:i.na,er of the Ci ty of Englewood, Colorado .
My com.mis sion expires :
Witness my hand and official seal.
Notary Public
Address :
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COUNCIL COMMUNICATION
Date Agenda Item Subject
December 2, 1996 Sale of 5 Sherman
11 a i Properties to EHA
Initiated By Staff Source
City Attorney Daniel Brotzman, City _ Attorney
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The Englewood City Council authorized the purchase of five properties on South Shannan
Street with the passage of Resolutions No. 85 and No . 86, Seriei: of 1993, by the City . The
City Council also authorized the appropriation of funds for thei;e purchases with the passage
Resolut ion No. 84, Series of 199~. The City Council authoriz9d an Option Agreement for the
sale of ti ese 5 South Shannan Street properties to the Engelwood Housing Authority with
passag6 Resol ,,n No. 66, Series of 1995 . On Novembe1 · 1s, 1996 the City Council passed
a Mot ion authori:.. 19 the Englewood Housing Auth.onty to e:cercise its option for the purchase
of the se fi ve South Shannan Street properties .
RECc~·~,r. '!OED ACTION
The pa s~~g.i of C.B. 76, approvin!l the sale of five (.;ity of Engle woC':! properties located at
3400, 3410, 3420 , 3424 and 3428 South Shannan Street to the E::nglewood Housing
Authority .
FIN ANC IAL IMPACT
The Englewood Housing Authority shall pay the City of Englewood $112,500 .00 .
J..IST OF ATTACHMENTS
Bill for an Ordinance
Two Warranty Deeds