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HomeMy WebLinkAbout1998 Ordinance No. 057• • • BY AUTHORITY ORDINANCE No.51 SERIES OF 1998 COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING EXCHANGE OF CITY-OWNED REAL PROPERTY FOR REAL PROPERTY OWNED BY ENGLEWOOD HOUSING AUTHORITY UNDER CERTAIN TERMS AND CONDITIONS . WHEREAS , the City of Englewood is in the process of buying the old Englewood train Depot (Depot) and land belonging to the Historical Society; and WHEREAS, the City desires to obtain the buildable lots at South Fox and West Dartmouth Ave . adjacent to the present Depot property, which are now owned by the Englewood Housing Authority, for the purpose of landscaping and beautifying the area around the Depot; and WHEREAS, the Englewood Housing Authority is willing to exchange those lots for lots belonging to the City under its Project Build program; 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 the exchange of real property owned by the City under the City's Project Build program for the real property adjacent to the Depot building and land upon the terms and conditions as described in the attached contract attached hereto as "Exhibit A." The legal descriptions of the property to be exchanged are as follows: 1. Property currently owned by the Englewood Housing Authority: Lots 25 -30, Block 2 , TAYLOR ADDIITION, County of Arapahoe, State of Colorado also known by street address as: 607 West Dartmouth Avenue Englewood, Colorado 80110 with a P.P.I. Number of: Lots 25 and 26 -1971-34-2-24-030 Lots 27 , 28 and 29 -1971-34-2-24-031 Lot 30 -1971-34-2-24-032 2. Property currently owned by the City of Englewood as Project Build lots: (i) Lots 9 and 10, Block 5, LOGANDALE , County of Arapahoe , State of Colorado -1- with a P.P.I. Number of: 2077-04-1-007-023 • • • also known by street address as: 3736 South Inca Street Englewood, Colorado 80110 (ii) Lots 11 and 12, Block 5 , LOGANDALE, County of Arapahoe , State of Colorado also known by street address as: 37 40 South Inca Street Englewood, Colorado 80110 (iii) Lots 11 and 12 , Block 1, JACKSON'S BROADWAY HEIGHTS , County of Arapahoe , State of Colorado also known by street address as: 3938 South Acoma Street Englewood, Colorado 80110 with a P.P.I. Number of: 2077-04-1-007-024 with a P.P .I. Number of: 2077-03-3-01-006 Section 2. The Mayor Pro Tern i s 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. 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 . 52., Series of 1998 , on the 21st day of August, 1998. , Mayor I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance ssed on final reading and published by title as Ordinance No. 52, Series of 19 . -2- .. · • • • EHHIBITA CONTRACT TO EXCHANGE REAL ESTATE 1. PARTIES AND PROPERTY. The City of Englewood and the Englewood Housing Authority, (Parties) agree to exchange, on the terms and conditions set forth in this contract, the following described real estate in the County of Arapahoe to wit: Property currently owned by the Englewood Housing Authority: Lots 25 -30 , Block 2, TAYLOR ADDIITION, County of Arapahoe, State of Colorado also known by street address as: 607 West Dartmouth Avenue Englewood, Colorado 80ll0 with a P.P.L Numbers of: Lots 25 and 26 -1971-34-2-24-030 Lots 27, 28 and 29 -1971-34-2-24-0 Lot 30 -1971-34-2-24-032 Property currently owned by the City of Englewood as Project Build lots: Lots 9 and 10 , Block 5, LOGANDALE, County of Arapahoe , State of Colorado also known by street address as: 3736 South Inca Street Englewood, Colorado 80ll0 Lots 11 and 12 , Block 5, LOGANDALE, County of Arapahoe, State of Colorado also known by street address as: 37 40 South Inca Street Englewood, Colorado 80ll0 with a P.P.L Number of: 2077-04-1-007-023 with a P .P .L Number of: 2077-04-1-007-024 Lots ll and 12, Block 1, with a P.P.I. Number of: JACKSON'S BROADWAY HEIGHTS, 2077-03-3-01-006 County of Arapahoe, State of Colorado also known by street address as: 3938 South Acoma Street Englewood, Colorado 80110 . . • • • together with all interests of the respective parties in vacated streets and alleys adjacent thereto, all easements and ot her appurtenances thereto, all improvements thereon and all attached fixtures thereon, except as herein excluded, and called the Properties. 2. INCLUSIONS. None. 3. PURCHASE PRICE AND TERMS. The purchase price shall be an even exchange of properties. 4. GOOD FUNDS. All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 5. NOT ASSIGNABLE. This contract shall not be assignable by either Party without the other Party'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 6 , 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 arranged by mutual agreement. 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 taxes for the year 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; distrib~tion 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 with; and subject to building and zoning regulations. 9. PAYMENT OF ENCUMBRANCES. Any encumbrance required to be paid shall be paid at or before the time of settlement from the proce.eds of this transaction or from any other source . • • • 10. POSSESSION. Possession of the Property shall be delivered to Purchaser as follows: Immediately upon closing. Alexandra Habenicht, Mayor Pro-Tem Address: 3400 South Elati Street, Englewood, Colorado 80ll0 THE ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Executive Director Date Address: 3460 South Sherman Street -Suite 101 , Englewood, Colorado 80ll0 ......... . . . . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . :~:•:i:i:i:i: . ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... . . . . . . . . . • • • WARRANTY DEED THIS DEED, made this Jo day of S . , 1998 between THE CflY OF ~· ~ ENGLEWOOD , COLORADO , a Home R ~ty existing under and by virtue of the laws of the State of Colorado, grantor. and the ENGLEWOOD HOUSING AUTHORITY, grantee: whose legal address shall be 3460 South Sherman Street. Suite 101, Englewood. Colorado 80110. WITNESSETH, That the grantor. for and in consideration of the the exchange of real property, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, 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, lying and being in the County of Arapahoe, State of Colorado, described as follows: Lots 9 and 10, Block 5 , LOGANDALE. County of Arapahoe Englewood. Colorado also known by street address as: 3736 South Inca Street Englewood. Colorado 80110 also known by P.P .I. Number: 2077-04-1-007-023 TOGETHER. with all and singular hereditarnents 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 premises, with the hereditarnents and appurtenances. TO HAVE AND TO HOLD the said premises above 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 ensealing 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, selLand 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 so ever, except: Those of record. 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 and every person or persons lawfully claiming or to claim the whole or any part thereof. · • • • IN wrrNESS WHEREOF. The grantor bas caused its name to be hereunto subscribed by its Mayor Pro Tem. and its seal to be hereunto affixed. attested by its City Clerk, the day and year first above written. SfA1E OF COLORADO ) ) SS. COUNTY OF ARAPAHOE ) City of Englewood, Colorado A co1o~dnme Rule City By ~ ""'--.------.. Af°'exandra Habenicht. Mayor Pro Tem The foregoing ins~ent was acknowledged before me this j o -f-J., day of 5ffi~.8er-. 199"1 .WAiexandra Habenicht. as Mayor Pro Tern and Loucrtshia A E ~s as City Clerk of the City of Englewood, a Colorado Municipal Home Rule City. My commission expires: l/<t/.:i..oo/ Witness my hand and official seal . Notary P i Address: J yoo ~. € · e-(J ~cc1 IJJ C!..d. g-o 11 O • • • WARRANTY DEED -t>_1 TlUS DEED, made this iJL day of Setrf-; . 1998 between THE CITY OF ENGLEWOOD. COLORADO. a Home RU1eclty existing under and by virtue of the laws of the State of Colorado, grantor, and the ENGLEWOOD HOUSING AUTHORITY, grantee; whose legal address shall be 3460 South Sherman Street, Suite 101, Englewood, Colorado 80110. WITNESSETH, That the grantor, for and in consideration of the the exchange of real property, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed, 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, lying and being in the County of Arapahoe, State of Colorado, described as follows: Lots 11 and 12. Block 5. LOGANDALE. County of Arapahoe Englewood. Colorado also known by street address as: 3740 South Inca Street Englewood. Colorado 80110 also known by P.P .I. Number: 2077-04-1-007-024 TOGETHER. with all and singular hereditarnents 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 premises. with the hereditarnents and appurtenances. TO HAVE AND TO HOLD the said premises above 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 ensealing 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, selLand 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 so ever, except Those of record. 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 and every person or persons lawfully claiming or to claim the whole or any part thereof . • • • IN WITNESS WHEREOF. The granter has caused its name to be hereunto subscribed by its Mayor Pro Tem, and its seal to be hereunto affixed, attested by its City Clerk, the day and year first above wrttten. SfATE OF COLORADO ) ) SS. COUNIY OF ARAPAHOE ) City of Englewood, Colorado A Colorad9'-r£?me Rule City By (:>~ -~--- Alexandra Habenicht, Mayor Pro Tem ++t Th~ foregoing instEl~~nt was acknowl_edged before me this I o day o~ . S~, · . 199~15Y:Alexandra Haberucht. as Mayor Pro Tern and Loucnshia A Elli~s City Clerk of the City of Englewood. a Colorado Municipal Home Rule City. My commission expires: I) 9 j.;J...1 . .,--.o J Witness my hand and official seal . ... • • • WARRANTY DEED THIS DEED, made this ~-+aay of .S~· , 1998 between THE CITY OF ENGLEWOOD, COLORADO. a Home RcleC'ttY existing under and by virtue of the laws of the State of Colorado. granter. and the ENGLEWOOD HOUSING AUTiiORITY. grantee; whose legal address shall be 3460 South Sherman Street, Englewood, Colorado 80110. WITNESSETH, That the granter, for and in consideration of the the exchange of real property. the receipt and sufficiency of which is hereby aclmowledged, has granted, bargained, sold and conveyed, 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. lying and being in the County of Arapahoe, State of Colorado, desclibed as follows: Lots 11 and 12. Block 1, JACKSON'S BROADWAY HEIGHTS, County of Arapahoe Englewood. Colorado also known by street address as: 3938 South Acoma Street Englewood. Colorado 80110 also known by P.P.I. Number: 2077-03-3-01-006 TOGETHER. with all and singular hereditarnents 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. light. title interest. claim and demand whatsoever of the grantor, either in law or equity. of. in and to the above bargained and premises, with the hereditarnents and appurtenances. TO HAVE AND TO HOLD the said premises above 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 ensealing and delivery of these presents, it is well seized of the premises above conveyed, has good, sure, perfect. absolute and indefeasible estate of inhelitance. in law, in fee simple, and has good light. 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 so ever, except Those of record. The grantor shall and will WARRANr AND FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of the grantee, its successors and assigns. against all and every person or persons lawfully claiming or to claim the whole or any part thereof. · .. • • • IN WITNESS WHEREOF, The granter has caused its name to be hereunto subscribed by its Mayor Pro Tem. and its seal to be hereunto affixed, attested by its City Clerk, the day and year first above written. ~ti.~ LOUCiiShiaAElli City Clerk STATE OF COLORADO ) ) SS. COUNIY OF ARAPAHOE ) City of Englewood, Colorado A Colorado Home Rule City / ::::}~ By (,_~~ -= - -Alexandra Habenicht. Mayor Pro Tern . +" The foregoing instru~nt was acknowledged before me this 10 day of Seef-. 1997byAlexandra Habenicht. as Mayor Pro Tern and Loucrishia A Elli§ as City Clerk of the City of Englewood, a Colorado Municipal Home Rule City. My commission expires: 1/1/.:uJ 0 1 Witness my hand and official seal . Notary P i Address: 3''/cJc £/:f J.ei</rJ:.' I • • • WARRANTY DEED THIS DEED, made this_ day of , 1998 between. THE ENGLEWOOD HOUSING AUIHORITY. grantor. and THE CITY OF ENGLEWOOD. COLORADO, grantee, a Home Rule City existing under and by virtue of the laws of the State of Colorado, grantee; whose legal address is 3400 South Elati Street. Englewood. Colorado 80110. WITNESSETH. That the granter, for and in consideration of the the exchange of real property. the receipt and sufficiency of which is hereby acknowledged, has granted, bargained. sold and conveyed. 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, lying and being in the County of Arapahoe, State of Colorado. described as follows : Lots 25-30, Block 2 , TAYLOR ADDITION . County of Arapahoe Englewood. Colorado also known by street address as: 607 West Dartmouth Avenue Englewood. Colorado 80 110 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 premises, with the hereditaments and appurtenances. TO HA VE AND TO HOLD the said premises above 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 ensealing 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 so ever. except: Those of record. 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 and every person or persons lawfully claiming or to claim the whole or any part thereof . • • • IN WITNESS WHEREOF, The granter has caused its name to be hereunto subscribed . The Englewood Housing Authority ATTEST: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ......... ···•··· ·.·.',',',' . . . ... · .. By _____________ . :-? . :-:-:-:-> Cheryl St. Clair. Executive Director ·. ·. ·. ·. ·. ·. ·. ·. ·. · STATE OF COLORADO ) ) SS. COUNIY OF ARAPAHOE ) The foregoing instrument was acknowledged before me this day of _____ _, 1998 by Cheryl St Clair, as Executive Director and ----------as of the City of Englewood. My commission expires: Witness my hand and official seal. Notary Public Address: ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . ','~','.','. :::9<:!:!:!:.' ........ . . . . . . . . . . . . . . . . . ...... . . . . . . . . . . . . . . . . . . . . . . . . .