HomeMy WebLinkAbout1998 Ordinance No. 056,. 't
' .
•
•
•
ORDINANCE NO .~
SERIES OF 1998
BY AUTHORITY
COUNCIL BILL NO. 46
INTRODUCED BY COUNCIL
MEMBER BRADSHAW
AN ORDINANCE APPROVING PURCHASE , UNDER CERTAIN TERMS AND
CONDITIONS , OF THE DEPOT PROPERTY FROM ENGLEWOOD HISTORICAL
SOCIETY.
WHEREAS , the Englewood Historical Society owns certain real property at South
Fox Street and West Dartmouth on which the Depot building sits; and
WHEREAS, the City wishes to obtain these lots to allow for landscaping and
beautification of the area; and
WHEREAS , the City desires to purchase the Depot and the seven lots on which it
sits from the Englewood Historical Society ;
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 approves
purchase of the Depot building and seven lots owned by the Englewood Historical
Society for $286 ,000 . Said lots are legally described as follows :
Lots 18 to 24 inclusive , Block 2 ,
Taylor's Addition,
County of Arapahoe ,
State of Colorado
EXCEPT that Tract or parcel of land described in the Deed.
The conditions for purchase are more fully described in the Contract To Buy
And Sell Real Estate attached hereto as "Exhibit A."
Section 2 . The Mayor Pro Tern is authorized to execute and the City Clerk to attest
and seal the Agreement for and on behalf of the City of Englewood, Colorado .
Introduced, read in full , and passed on first reading on the 3rd day of August,
1998 .
-1-
11 b iii
Published as a Bill for an Ordinance on the 7th day of August, 1998.
Read by title and passed on final reading on the 17th day of August, 1998.
Published by title as Ordinance No .~ Series of 1998 , on the 21st day of
August, 1998 .
I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify
that the above and foregoing is a true cop.J:J>f the Ordinance passed on final reading
and published by title as Q,dinance No. :Z Se~ a
Loucrishia A. Ellis
-2-
, .. . ' ,·
•
•
•
, ..
•
•
•
EXHIBIT A
CONTRACT TO BUY AND SELL REAL ESTATE
1. PARTIES AND PROPERTY. The City of Englewood (Purchase r ), agrees to buy,
and the Englewood Historical Society, Inc. (Seller), agrees to sell, on the terms and
conditions set forth in this contract, the following described real esta te in the
County of Arapahoe to wit:
Property currently owned by the Englewood Historical Society, Inc .:
Lots 18 -24 , Block 2 ,
TAYLOR'S ADDITION,
County of Arapahoe ,
State of Colorado
Except that tract or parcel of land described in the Deed.
together with all interests of seller in vacated streets and alley s adjacent thereto, all
easements and other appurtenances thereto, all improvements t hereon and all
attached fixtures thereon, except as herein excluded, and called the Property .
2. INCLUSIONS. The purchase price includes the old Englewood Railroad Depot as it
exists on the date of closing, including all fixtures.
3. PURCHASE PRICE AND TERMS. The purchase price shall be Two Hundred
Eighty-Six Thousand Dollars ($286,000) pay able in U .S. dollars by purchaser at
closing to be paid in cash, electronic transfer of funds, certified check, or cashiers
check.
The parties agree to share the closing costs with each to pay one -half (1/2) of said
closing costs at closing.
4. CONDITIONS OF SALE.
1. This contract is conditioned upon the Englewood Historical Society, Inc.
furnishing at the date of closing , a release of the Deed of Trust dated
October 20, 1994 , and also a release of the second Deed of Trust dated
January 11 , 1995 , said deeds of trust being granted to the Englewood
Housing Authority by the Englewood Historical Society, Inc ..
2 . The Englewood Historical Society provides a waiver for principal and interest
to free the property of all Englewood Housing Authority encumbrances .
5 . NOT ASSIGNABLE. This contract shall not be assignable by purchaser without
seller's prior written consent. Except as so restricted, this contract shall inure to the
benefit of and be binding upon the heirs , personal representatives, successors and
assigns of the parties.
6 . EVIDENCE OF TITLE. Each Party shall furnish to the other at its own expense , a
current commitment for owner's title insurance policy in an amount equal to the
agreed upon fair market value on or before the date of closing. If a title insurance
commitment is furnished, each party shall furnish copies of instruments (or
abstracts of instruments) listed in the schedule of exceptions in the title insurance
commitment to the other party. This requirement shall pertain only to instruments
shown of record in the office of the clerk and recorder of Arapahoe County . The title
insurance commitment, together with any copies or abstracts of instruments
furnished pursuant to this section 5, constitute the title documents (Title
Documents). Each party must request the other party to furnish copies of abstracts
of instruments listed in the schedule of exceptions on or before the date of closing.
Each party will have the title insurance policy delivered to the other as soon as
practicable after closing and pay the premium at closing.
7. DATE OF CLOSING. The date of closing shall be by mutual agreement at an
earlier date . The hour and place of closing shall be as designated by Land Title
Company.
8. TRANSFER OF TITLE. Subject to tender or payment on closing as required herein
and compliance with the other terms and provisions hereof, each Party shall execute
and deliver a good and sufficient Warranty Deed to the other party , on closing,
conveying the Property free and clear of all taxes except the general ta.."\:es for the ye ar
of closing, free and clear of all liens for special improvements installed as of the date
of each Party's signature hereon, whether assessed or not; distribution utility
easements, including cable TV ; except those matters reflected by the Title
Documents accepted by the other Party; except those rights, if any, of third parties
in the Property not shown by the public records in accordance >Y-ith; and subject to
building and zoning regulations .
9. PAYMENT OF ENCUMBRANCES. Any encumbrance require d to be paid shall
be paid at or before the time of settlement from the proceeds of this transaction or
from any other source.
10 . POSSESSION. Possession of the Property shall be delivered to Purchaser as
follows:
Immediately upon closing.
11. NOTICE OF ACCEPTANCE/COUNTERPARTS . A copy ofthis 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 , COLORADO -Purchaser
Alexandra Habenicht, Mayor Pro-Tern Date
Address: 3400 South Elati Street, Englewood, Colorado 80110
THE ENGLEWOOD HISTORICAL SOCIETY, INC . -S eller
Date
Address : , Englewood , Colorado 80110 •
•
WARRANTY DEED
THIS DEED, made this day of , 19 , by and between the
ENGLEWOOD HISTORICAL SOCIETY, INC. (hereinafter "Grantor"), and the CITY OF
ENGLEWOOD , COLORADO (hereinafter "Grantee"), whose address is 3400 South Elati
Street, Englewood, Colorado 801l0.
WITNESSETH, That the grantor, for and in consideration of the sum of Two Hundred
and Eighty-Six Thousand Dollars ( $286 ,000 .00), the receipt and sufficiency of which is
hereby acknowledged, has granted, bargained, sold and convey ed, and by these presents
does grant, bargain, sell, convey and confirm, unto the grantee , its successors and assigns
forever , all the real property together with improvements , if any , situate , ly ing and being in
the County of Arapahoe and State of Colorado , described as follows:
Lots 18 to 24 inclusive ,
Block 2 ,
Taylor's Addition,
County of Arapahoe ,
State of Colorado.
Except the following described parcel conveyed to the Department of Transportation, State of
Colorado , by Warranty Deed dated June 21 , 1994, and recorded September 2 , 1994, in
Book 7691 , Page 270 , of the Arapahoe County Clerk and Recorder's Office , to-wit:
A tract or parcel of land No . 25 Rev . of the Department of Transportation, State of
Colorado , Project No . NH-FCU 085-2(51) IXFU 085-2(24) containing 637 sq. ft. more
or less , in Lots 20 thru 24, Block 2 , TAYLOR'S ADDITION, a subdivision in the SW
114 of the NW 114 of Section 34 , Township 4 South, Range68 West, of the Sixth
Principal Meridian, in Arapahoe County, Colorado , said tract or parcel of land being
more particularly described as follows:
Beginning at a point on the north right of way line of Dartmouth Ave. (March 1994)
said point also being on the south line of said Lot 24, from which the W 114 corner of
Section 34 bears S. 85°56'52"W ., a distance of 470 .06 feet , more or less , to the Point
of Beginning;
1. Thence S . 89°36 '25 " W . along the said north right of way line , a distance of
107 .00 feet , to a point on the east right of way line of S. Galapago St. (March
1994), said point also being the west line of said Lot 20 ;
2 . Thence N . 00°00' 48" W . along said east right of way line , a distance of 13 .50
feet ;
3 . Thence S . 79°03 '39" E., a distance of 21.87 feet ;
4. Thence S. 84°14'51 " E ., a distance of 85.96 feet , more or less, to the point of
Beginning.
p ,
1'
•
•
•
..
•
•
•
The above described parcel contains 637 sq. ft., more or less.
Bearings are based on a polaris observation of the East line of the NE 114 of Section
33 , prepared by Gingery Assoc. at J .N.: D-1633.001 dated Sept. 1980, prepared for
the City of Englewood (N. 00°02'12" E.).
TOGETHER, with all and singular hereditaments and appurtenances thereunto
belonging, or in anywise appertaining, and the reversion and reversions , remainder and
remainders, 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 described premises , with the hereditaments and appurtenances .
TO HA VE AND TO HOLD the said premises above bargained and described, with the
appurtenances, unto the Grantee , its successors and assigns forever . And the Grantor for
itself, its successors and assigns, does covenant, grant, bargain and agree to and with the
Grantee , its successors and assigns , that at the time of the enselaing and delivery of these
presents , it is well seized of the premises above conveyed, has good, sure, perfect, absolute
and indefeasible estate of inheritance , in law , in fee simple , and has good right, full power
and lawful authority to grant, bargain, sell and convey the same in manner and form
aforesaid, and that the same are free and clear from all former and other grants , bargains ,
sales, liens , taxes , assessments , encumbrances and restrictions of whatever kind or nature
soever .
The Grantor shall and will WARRANT AND FOREVER DEFEND the above bargained
premises in the quiet and peaceable possession of the Grantee , its successors and assigns
against all claims on the whole or any part thereof.
IN WITNESS WHEREOF, The Grantor has caused its corporate name to be hereunto
subscribed by its , attested by its , the
day and year first above written .
-2-
''
ATTEST: THE ENGLEWOOD HISTORICAL SOCIETY, INC. •
By:
STATE OF COLORADO )
) SS.
COUNTY OF ARAPAHOE )
The foregoing instrument was acknowledged before me the _______ County,
State of Colorado, this day of , 1998 , by
as and ---------------------------------as ___________ of the Englewood Historical Society, Inc ..
My commission expires:--------
Witness my hand and official seal •
Notary Public
•
-3-
•
•
•
•
'I
COUNCIL COMMUNICATION
Date Agenda Item Subject
Historic Englewood
August3, 1998 11 a ii Depot Museum
Initiated By Staff Source
Mark Graham , Planner
Neighborhood and Business Development Neighborhood and Business Development
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This item was discussed at Executive Session of Council on July 20, 1998.
-RECOMMENDED ACTION
Staff recommends that Council approve the "Purchase Agreement" to obtain seven properties and the
Historic Englewood Depot Museum (Depot) in a transaction with the Englewood Housing Authority
(EHA). The purchase agreement preserves a location for the Depot, facilitates vehicle circulation and
parking , and also creates landscaped open space in North Englewood.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Council directed staff to acquire the D~pot and associated property on behalf of the City and the
Englewood Historical Society (EHS). EHA provided the property to the EHS when the Depot was
moved from south of Highway 285. The property includes seven lots with frontage on Galapago. The
Depot building will in turn be sold to the Englewood Historical Society for $76,000 by separate
agreement. The "Purchase Agreement" permits Englewood to obtain ownership of the property and
building at market value, estimated at $286,000. The transaction also retires outstanding EHS debt.
EHA provides support for the Depot project and transaction by waiving accrued interest on the debt.
The Englewood Historical Society and the Englewood Housing Authority both support the proposed
agreements. Fundraising efforts on behalf of the Historical Society have not kept pace with loan
repayment schedules and EHA cannot continue to finance Historical Society acquisition of the building
and property.
FINANCIAL IMPACT
The attached Purchase Agreement uses $286,000 of Project Build program resources to purchase the
Depot building and seven associated lots. EHA has committed to using the proceeds from the
transaction to continue an EHA administered, Project Build type program.
LIST OF ATTACHMENTS
May 22, 1998 Letter from City Manager Gary Sears to EHA Executive Director Cheryl St. Clair
June 2, 1998 Letter from EHA Executive Director Cheryl St. Clair to City Manager Gary Sears
Proposed Bill for An Ordinance Approving Purchase of the Depot Property from the Englewood
Historical Society
Contract to Buy and Sell Real Estate
Warranty Deed
May 22, 1998
Cheryl St. Clair, Executive Director
Englewood Housing Authority
3460 S. Sherman St., Suite 101
Englewood, CO 80110
Subject: Parking Area Land Transfer
Dear Cheryl:
I'm writing regarding the Englewood Depot and the adjacent properties owned by the Housing
Authority . It is my understanding that the City Council and your Housing Authority Board
recently met to discuss these properties. Council has become aware of the Englewood Historic
Society 's need for museum parking and as a result of the discussions, Council directed staff to
make arrangements to acquire the properties.
'
I am asking City Attorney, Dan Brotzman and Neighborhood and Business De velopment •
Director, Bob Simpson to meet with you or your staff and begin negotiations. Please provide
Bob with whatever information you have about the property . We are particularly interested in
any recent appraisals, surveys or site assessments. City staff can either prepare or review
contracts , deeds and other documents related to the transfer. Council is interested in completing
the arrangements as soon as possible.
We would like to schedule a meeting with you towards the end of the week of~fay :z5rn to begin
negotiations. Bob 's staff will be contacting you to set the meeting location and time. Please call
Dan, Bob or me with any questions or issues you have regarding this transaction.
Sincerely ,
,...,
r• I '1 1~ c'-'.:'1 .J~1
Gary serrs
Englewood City Manager
cc City Council
Dan Brotzman, City Attorney
Robert Simpson, Director, NBD
//1.v{ •
~.
:°'I P~nted on Recyc!ed ?aper. ~:
.Housing Authority
City of Englewood
•
•
Mr. Gary Sears
City Manager
City of Englewood
3400 S. Elati St.
Englewood, Colorado 80110
Dear Gary:
EQUAL HOUS4NG
OPPORT UNln'
June 2, 1998
3460 S. Sherman • Sui le 101
Englewo<Jd, Colorado 801 10
Phone (303) 761-6200
Fax (303) 781-5503
TOO Relay 1-800-659-2656
TOO Voice 1-800-659-3656
As you know , the Englewood Housing Autho ri ty ( EHA ) made a loan to the Englewood
Hist01ical Soc iety ( EHS) in October of 1994, and another in January of 1995. in order to
save the historical Englewood Train Depot from demolition , move the structure to a new
location and build and install it on a proper folUldahon. The EHA approved the loan for
I year, so the EHS could raise funds to re -pay the EHA. Since that time , the EHS has
made one interest payment and has requested 3 one-year extensions, which were granted
by the EHA Board . The principal amount of the notes total $286,000 .30 and the interest
accrued totals $92,038.19. The EHS is now requcstlng a fowlh e~tensi on on these notes .
The EHA still ho Ids title to the 6 lots adjacent to the 7 lots where the depot is now
located . The Englewood City Council has expressed interest in purchasing the 6 lots
from the EHA to allow for parking when the depot has been rehabi li tated and opened a.is a
museum . The lots were last appraised in October of 1996 for $60,000.
As much as the EHA believes in the importance of the depot proj~t. if the EHA were to
grant another extension to the EHS, we will have encumbered the EHA program
devclupm~t money for five yem. This would greatly reduce the opportlUlities for the
ERA to develop a home ownership program for renlers in Englewood, during the next
year, which is a goal of both the EHA and the City .
You and I have recently been working with a committee of EHA Board members, City
Council members, and various staff. to examine the future and best uses of the City's
Project BUILD fund . There has been interest in expanding the uses of the Fund to
include more conuncrcial business opportunities, but not to the e:-!clusion of future
housing needs of the City .
I would like to propose to you the following plan which I think will allow all the parties
to reach their resp~ctive goals :
vUll ,"" ~o ,,C..J ! ! •(_I
.. <,;.......... . . . .... . . -...
l. With agret:tnent from the EHS, the City would retire the EHS notes to the EHA with
proceeds from U1e Project BUlLD fund and become owners of the d~ot, U1e
impro\leinents, and the 7 lots;
2. The EHA will sell the remaining 6 lots to the City at a current appraised value;
3. The EHA will "donate" some of the accrued interest on the notes to the EHS as part
of their fund-raising efforts;
4. The EHA will use the repaid principal, remaining interest, and proceeds from the sale
of the additional 6 lots, to implement a residential "build" and /or "re-build" program for
the City, thus freeing up the remaining Project BU1LD funds for commercial use.
Gary, there is a great deal of"emotional support" for the EHS and the depot project
within the City, as well as the surrounding communities, and I think lhis type of real
monetary support from the City may be just the impetus needed to ••Jcil:k-o.tr the fun<l-
raising plans the EHS is just beginning to implement. At the same time, this plan would
allow the City Council and staff to broaden the business support programs offered with
the Project BUTLD ftmd, allow for the EHA to continue the residential ''Bt..1LD"
program with ERA funds, and expand the programs to include new homeownership
opportunities.
I appreciate the time you have taken to consider this proposal, and look forward to
working with you to finalize the details.
Sincerely,
C!4/
Cheryl St. Clair
Executive Director
cc. EHA Board of Commissioners
•
•
•