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Home My WebLink About1998 Ordinance No. 013' .... ' ·- • ORDINANCE No./_6 SERIES OF 1998 BY AUTHORITY COUNCILBILLNO. 3 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING THE EXCHANGE OF TWO PARCELS OF PROPERTY LOCATED AT UNION A VENUE AND THE SOUTH PLATTE RIVER BETWEEN THE SOULE TRUST PARTNERSHIP AND THE CITY OF ENGLEWOOD, COLORADO WHEREAS , for the mutual benefits described herein, the City of Englewood, Colorado and Timothy A. Soule, as Trustee for the Soule Trust Partnership, wish to exchange parcels of real estate; and WHEREAS, the City of Englewood has awarded a bid for the approved improvement of a building in conjunction with the improvements at the Allen Water Treatment Plant; and WHEREAS , such improvement would violate the set back requirements under both the Zoning and Fire Codes without the acquisition of the parcel described in Exhibit A; and WHEREAS, existing City building currently encroaches into property owned by the Soule Trust Partnership, see Exhibit A; and WHEREAS, a building owned by the Soule Trust Partnership currently encroaches into property owned by the City for Water Utility purposes, see Exhibit B; and WHEREAS, an exchange of the parcels of real estate as described in Exhibits A and B, would bring both buildings into compliance with the set back requirements and allow for the needed improvement to the City's building; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the exchange of parcels which will include the purchase of the property listed in Exhibit A (attached hereto as Exhibit A), for the purchase price of $10 .00 and the sale of the property listed in Exhibit B (attached hereto as Exhibit B), for the sale price of $10.00. Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Exhibits A and B, (attached hereto) on behalf of the City Council and the City of Englewood, Colorado . Introduced, read in full, and passed on first reading on the 5th day of January, 1998 . -1- Published as a Bill for an Ordinance on the 9th day of January, 1998. Read by title and passed on final reading on the 19th day of January, 1998. Published by title as Ordinance No /J , Series of 1998, on the 23rd day of January, 1998. a~~ "hoillJ:Bums, Mayor I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy .?A' the Ordinance passed on final reading and published by title as Ordinance No /..3_, Series 1998. -2- I ... • • •. • • CONTRACT TO BUY AND SELL REAL ESTATE This Contract is made on the day of , 199_, between THE CITY OF ENGLEWOOD , COLORADO, A MUNICIPAL CORPORATIO N OF 3400 SOUTH ELATI STREET, ENGLEWOOD, COLORADO 80110, [Buyer], and TIMOTHY A. SOULE, as Trustee for the Soule Trust Partnership of -----------------' , Colorado 80_, [Seller]. Buyer agrees to buy, and the undersigned Seller, agrees to sell, on the terms and conditions set forth in this Contract, the following described real estate in the County of Arapahoe, Colorado, to wit: A Parcel of Land consisting of 0.007 acres more or less As described in Attachment A. together with all interest of Seller, all improvements thereon and all attached fixtures thereon. The purchase price shall be Ten Dollars ($10 .00 ) and other valuable consideration the sufficiency of which is hereby acknowledged by the Seller. This Contract shall inure to the benefit of and be binding upon the heirs , personal representatives , successors and assigns of the parties. Subject to tender or payment by Buyer, the Seller shall execute and deliver a good and sufficient Warranty Deed to Buyer, conveying the Property. Except as otherwise provided in this Contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this Contract, ordinary wear and tear e x cepted. ENTIRE AGREEMENT. This Contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto, whether oral or written , have been merged and integrated into this Contract . I! x H I B I T A NOTICE OF ACCEPTANCE: COUNTERPARTS . If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. THE CITY OF ENGLEWOOD Buyer: Thomas J. Burns, Mayor Date of Buyer's signature: ------- Buyer's Address: 3400 South Elati Street, Englewood, Colorado 80110 ATTEST: Loucrishia A. Ellis, City Clerk TIMOTHY A. SOULE, TRUSTEE FOR SOULE TRUST PARTNERSHIP Seller: Timothy A. Soule, Trustee Date of Seller's signature: ---------- Seller's Address: -------------_____ , Colorado 80 __ -2- .' • • ., -' . • ATTACHMENT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF ARAPAHOE, STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF A PARCEL OF LAND DESCR I BED IN BOOK 6104 , PAGE 324, PARCEL I. OF THE ARAPAHOE COUNTY RECORDS, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF UN ION AVENUE. RECORDED IN BOOK 127 , AT PAGE 407. OF THE ARAPAHOE COUNTY RECORDS; THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL NORTH 24°40'34" WEST 29.24 FEET: THENCE DEPARTING SAID BOUNDARY LINE SOUTH 80°55'00" EAST 20.49 FEET TO A POINT ON THE EASTERLY LINE OF SAID PARCEL OF LAND; THENCE SOUTH 09°13'09" WEST 23 .11 FEET ALONG SAID LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF SAID UNION AVENUE : THENCE ALONG SAID RIGHT OF WAY LINE AND THE SOUTHERLY BOUNDARY LINE OF SAID PARCEL SOUTH 83°03'00" WEST 4.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINING 297 SQUARE FEET (OR 0.007 ACRES), MORE OR LESS. CITY OF ENGLEWOOD UNION PUMP STATION RMC JOB NO. 2882.007 .00 OCTOBER 28, 1997 mtf SHEET 1 OF 2 EXHIBIT ·~@ ~~---.::) SCALE: 1" = 1 O' EXISTING ) BUILDING v BOOK 1425 PAGE 591 TI-llS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT 11-lE AITACHED DESCRIPTION. ROCKY MOUNTAIN CONSULTANTS, INC. I SHEET 2 OF 2 w POINT OF BEGINNING w" ::J ,..... zo w .q- ~ t5 < za... O-Z~ ::J .- I-~ en o wo ~e 8301 E. Prentice Ave. Suite 101 Englewood, CO 80111 (303) H1-6000 FAX (303) 741-6106 JOB NO. 2882 .. 007 .00 DATE 8 27 97 REVISED 10 28 97 ENGINEERING THE FUruRE • . .' • CONTRACT TO BUY AND SELL REAL ESTATE This Contract is made on the day of , 199_, between TIMOTHY A. SOULE, as Trustee for the Soule Trust Partnership of ------------------• , Colorado 80_, [Buyer], and THE CITY OF ENGLEWOOD , COLORADO, A MUNICIPAL CORPORATION OF 3400 SOUTH ELATI STREET, ENGLEWOOD , COLORADO 80110 [Seller]. Buyer agrees to buy, and the undersigned Seller, agrees to sell, on the terms and conditions set forth in this Contract, the following described real estate in the County of Arapahoe, Colorado, to wit: A Parcel of Land consisting of 00.009 acres more or less As described in Attachment A. together with all interest of Seller, all improvements thereon and all attached fixtures thereon . The purchase price shall be Ten Dollars ($10 .00 ) and other valuable consideration the sufficiency of which is hereby acknowledged by the Seller. This Contract shall inure to the benefit of and be binding upon the heirs , personal representatives, successors and assigns of the parties. Subject to tender or payment by Buyer, the Seller shall execute and deliver a good and sufficient Warranty Deed to Buyer, conveying the Property. Except as otherwise provided in this Contract, the Property and Inclusions shall be delivered in the condition existing as of the date of this Contract, ordinary wear and tear excepted. ENTIRE AGREEMENT. This Contract constitutes the entire contract between the parties relating to the subject hereof, and any prior agreements pertaining thereto , whether oral or written, have been merged and integrated into this Contract . I!! x H I B I T 8 NOTICE OF ACCEPTANCE : COUNTERPARTS. If accepted, this document shall become a contract between Seller and Buyer. A copy of this document may be executed by each party, separately, and when each party has executed a copy thereof, such copies taken together shall be deemed to be a full and complete contract between the parties. TIMOTHY A . SOULE, TRUSTEE FOR SOULE TRUST PARTNERSHIP Buyer: Timothy A. Soule, Trustee Date of Buyer's signature: ---------- Buyer's Address : -------------_____ , Colorado 80 __ THE CITY OF ENGLEWOOD Seller: Thomas J . Burns, Mayor Date of Seller's signature: ------- Seller's Address: 3400 South Elati Street, Englewood, Colorado 80110 ATTEST: Loucrishia A. Ellis , City Clerk -2- • -.• ~ • • COUNCIL COMMUNICATION Date Agenda Item Subject Land Exchange with Soule January 5 , 1998 10 a ii Trust at Union Ave . Reservoir Initiated By Staff Source Utilities Department Stewart Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION N/A RECOMMENDED ACTION Recommend Council approval of Council Bill No. 3 for the land exchange with Soule Trust Partnership at the Union Avenue Reservoir . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department is trying to modify an existing concrete building, in lieu of a new building, at the southeast corner of the Union Avenue Reservoir site for use as a permanganate feed structure. In checking for a 1 O' minimum setback , per Englewood Building Code , it was discovered that the building encroached onto Soule Trust Partnership property by 1-1 /2'. When the Partnership was contacted , it was discovered that one of the ir buildings encroaches onto the City's Union Avenue Reservoir property. Soule Trust Partnership has agreed to an equal exchange of the two parcels . The City's exchange parcel is smaller than what would be received from Soule Partnership, but the City 's benefit is that the s it uation is resolved in a timely manner so building modifications for the permanganate feed can begin on schedule. The City is acquiring approximately 300 square feet in exchange for 400 square feet. The exchange would satisfy the 1 O' setback required by Code . Soule Partnership 's attorney and Englewood's City Attorney have reviewed and agreed to the exchange. The exchange property is located at t he southeast corner of the Union Avenue Reservoir site at W. Union Avenue and the South Platte River . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Council Bill No. 3 Contract to Buy and Sell Real Estate > \ .; . -i • ATTACHMENT A LEGAL DESCRIPTION A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE NW 1/4 OF SECTION 9, TOWNSHIP 5 SOUTH. RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN. COUNTY OF ARAPAHOE . STATE OF COLORADO BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHEAST CORNER OF A PARCEL OF LAND DESCRIBED IN BOOK 1425 . PAGE 591. OF THE ARAPAHOE COUNTY RECORDS, SAID POINT BEING ON THE NORTHERLY RIGHT OF WAY LINE OF UNION AVENUE. RECORDED IN BOOK 127 . AT PAGE 407, OF THE ARAPAHOE COUNTY RECORDS: THENCE ALONG THE WESTERLY BOUNDARY LINE OF SAID PARCEL NORTH 24°40'34" WEST 496.80 FEET.TO THE POINT OF BEGINNING: THENCE DEPARTING SAID BOUNDARY LINE SOUTH 77°00'44" WEST 49.87 FEET : THENCE NORTH 06°57'56" WEST 10.84 FEET TO A POINT ON THE NORTHERLY BOUNDARY LINE OF SAID PARCEL: THENCE NORTH 83°02'04" EAST 47 .80 FEET TO THE NORTHEAST CORNER OF SAID PARCEL; THENCE SOUTH 24°40'34" EAST 5.89 FEET ALONG EASTERLY BOUNDARY LINE TO THE POINT OF BEGINNING . SAID PARCEL CONTAINING 403 SQUARE FEET (OR 0.009 ACRES). MORE OR LESS . . · CITY OF ENGLEWOOD UNION PUMP STATION RMC JOB NO. 2882 .007.00 OCTOBER 28, 1997 mtf SHEET 1 OF 2 EXHIBIT POINT OF BEGINNING s 24"40'34" 5.89' -------·-·- METAL BUILDING z CXl .p. tH '-1 • . o CXlN 0 --0 .p. ----· 1 . 9' 1 .5' N 06"57'56 ' W 10.84' THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. IT IS ONLY INTENDED TO DEPICT TI-IE ATIACHED DESCRIPTION . ROCKY MOUNTAIN CONSULTANTS, INC. POINT OF COMMENCEMENT SOUTHWEST CORNER BOOK 1425 PAGE 591 BOOK 1425 PAGE 591 ~--. ________ ,.-~ ~---~ ..... ~ ·---1 SCALE:1"=10' SHEET 2 OF 2 8 301 E. Prentice Ave . Suite 101 Englewood , CO 80111 (303) 741-6000 f'AX {303) 741-6106 !---------~-------~-----------;ENGINEERING THE JOB NO . 2882 .007 .00 DATE 10 27 97 REVISED FUTURE ' -. • •