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HomeMy WebLinkAbout1989 Resolution No. 033RESOWl'ICll 00. ~ SfMES Cl 1989 A RESOWl'ICN APPIOIIN3 AGRmlmI' Wl'nl WINSIO/ COIS'l1UCl'ICll CG!Pl\N'i AND NXEPTm;; BY QUIT CLAIM DEED AND W1\RAANI"i DEED THREE PARCELS OF REAL PROPERTY' m 'l1iE 2900 BLOCK OF soom G>U\PKJ) S'IlUlET Fat REXmS'IROCTIOO OF S01m1 GN.J\PKJ) S'lREET. WHEREAS, the City needs rigllt of way in the 2900 block of South Galapago Street_ in order to reconstruct the street under Paving District 33; and \·IHEREAS, Wins law Construction Corpany is the crwner of said necessary right of way; and WIIERFJ\S, Winslow Construction Corpany has agreed to dedicate certain real property for the necessary right of way in return for the City• s relocating a fence and participation in construction of a storm sewer in that area; Na-I, T!!EREFOOE, BE IT RESOLVID BY TIIE CITY OlUOCil.. OF 'l1iE CITY OF ~. C!J1.JJINX), THAT: Section l. nie Agreeirent to Acquire Real Property between the City of Englewood and Winslaw Construction Coopany is hereby approved. Said agreement provides generally as follows: l. Winslaw Construction Catpany will deed by quit claim deed and warranty ~d three parcels of real property for City right of way in the r eco•'.struction of South Galapago Street under Paving District 33. In return the City will release approximately 14 feet that maybe subject to the Master Street Plan reservations and may enculTi:Jer title to Winslow property. 2. City s~all pay for appraisal of subject property and the title policy . 3. City Shall relocate a fence on subject property and shall participate in the construction of the storm sewer in that area at a total cost not to exct.?d $7,500 to the City . Section 2. The Mayor and City Clerk are hereby authorized to sign and attest said Agreement for and on !lehalf of Ci ty Council and the City of Englewood. AOOPTED AND APPROVED this 5th day of June, 1989. -~~st : -/ /j ~~~~ J✓ (Aµ,/ Par.ricia H. Craw, City Clerk I, Patricia H. Craw, City Clerk of the City of 1'.'ngleo.uod, Colorado, hereby certify that the above is a true corrt of Resolution No. J.l , Series of 198 • ~ YI -~ Patr1c1a H. Crow AGREEMENT TO ACQUIRE REAL PROPERTY The CITY OF ENGLEWOOD, & Colorado home rule city, (Englewood) (Purchaser), Granto, and WINSLOW CONSTRUCTION COMPANY (Winslow) (Seller), Grantor, hereby enter into the following agreement: l. Winslow will deed to the City of Englewood by quitclaim deed the real property described on Attachment 1, which is incorporatf!tt herein and made a part hereof by reference. 2, Winslow will deed to the City of Englewood by special warranty deed the real property descrihd on Attachments lA and 1B, which are incorporated herein and ma de a part hereof by reference. 3, Englewood shall pay for an appraisal of subj ect property to be obtained by City. The appraisal shall be in written form by a qu•li- fied appraiser and delivered to Winslow, 4 . Pursuant to Attachment 2, Englewood shall relocate fence identified thereon to new location identified on said Attachment, 5. Winslow is granted the right to construct with!i-< !scribed improvements, in right of way of City, and connect same :~o '::s.~1.\r1 ~.,<.1r!'s facil ities. Englewood sha ll participate in the const:ruction 1,,f 1.:.he storm sewer pursuant to Attachment 3. Said storm sewer will not be constructed at the present time due to highway construction at Eanta Fe and Dartmouth; the parties further agree, as follows: a. The participation of Englewood will be only as it ems s hown on Attachment 3; b. The total cost of construction to Englewood shall be $7500.00. c. Said s torm sewer sha ll be constructed vithin exis ting and herein co nveyed utility easements and street right of way and shall be con s tructed to City of Englevood Standard Storm Sewer Specifications, d. Upon complc,ion, Winslow vill convey and assign said storm sewer to the City of Englewood. This storm sewer shall become a part of the City's overa l l storm sewe r system with regard to jurisdiction and maintenance. e . Winslow will have the right , at its option, to commence construction of said il"p,.ovements, up to a date two (2) years after the conpletion of the construction by the Department of Highways of the current project on Dartmouth from Santa Fe east. 6. A current co:mnitment for title insurance policy in an amount equal to the purchase price shall be at Englewood's expense. -2- 7. 'fit le shall he merchantnblc in the seller. Seller shall execute and de liver a goo d and sufficient deed to said purchoac r on June 19, 1989, or by mutual agreement at an earlier dat e , conveying sa id property free a nd clear of a ll lien s , encumbrances , a nd ta xes, except the general t axes fo r 1989, payable January 1. l.990, nnd exce pt : power, clec tricAl and oth er ut ili ty easements and lien s of re co rd and st•hj ect t o building and zonJ ng regul a tions . 8 . General ta xe s for 1 98 9 shall he paid by Win s l ow. 9. Th e hour and pl ace of closing shall be au de s igna t ed hy Seller . 10. Possess ion of premises s hall be a s delivered t o purchaser on delivery of deed. 11. Eng lewood a grees t o ame nd its "M aster Street Plnn" a nd nm c ml Resolution No. 50, Series of 1973, as recorded in Book 222 2 a t Page 484, of the r ecords o f the Clerk and Recorder of Arapahoe County, Colorado, specif! ca lly paragraph No. 9 , appearing on Page 485, by s pec! fically releas ing all that portico of said land designated in said parar;r aph 9, which is not conveyed to Englewood by way of thi s Agree- ment . Englero1ood will complete nnd record the a ppropriate document s reflecting its action wi thin 90 days of date of conveyance by Winsl ow as provided in this Agrccmeu t. 1 2. Time is of the essenc e he reof and i f any payment of any o ther co ndi t ion hereof is not made, tendered, o r performed by either th e seller or purchaser as herein provided , then this con trac t, at th e option of the party who is not in default, mA y be termi n a t ed by s uch pa rt y , in wh ich case the n onde faulting pa rty may recover such damage s ns ma y be pro per. In th e event, however, the nondefau lt ing pa rty elects to trea t thi s contrac t as being in full fo rce a nd ef fec t, th e nond efaulting pa rty s ha ll h a ve the right t o an action for specific performn1•.cc and rlJ mages . I 3. Up on approval hereof by Seller, this agreement sh a l l bec ome a cont r act l-~twecn Se l le r an Purc hase r and sha ll inure to thP. ll e ne fj t of th e heirs, suc cessors and assigns of sa id parties . 14. Th is ag reemen t shall service c ]osing a nd be effcct iv'e until the cons t. ·ction ..:alled for herein is con 1p lete or ten yea r s f r om da te hereof , wh h he ver i s soone r. SIGNED thi s ~day of Mat , 19 89 WINSLOW CONSTRUCTION COMPANY By .4.( dlt, ¼) ( ---✓ I / t.~· Presid nt City Clerk • WINSLOW A port1on or a parcel or land in the W 1/2 or the NW 1/4 or the SW 1/4 of the NW 1/4 or Section 34, Township 4 South, Range 68 ~est of the 6th Principal Me1•idian, described in Quit Claim Deed recorded in Book 5618 at Page 65 or the records or the Clerk and Recorder of Arapahoe County, State of Colorado, more particularly described as follows : Considering the North line or the NW 1/4 or said Section 34 as b~ering S89°48'5l"W and with all bearings c on tained herein relative thereto; Commencing at the Northwest corner of said Section 34; thence along the West line of the NWl/4 or said Section 34 soo 0 02 1 12•w 1318.86 feet t o the Northwest corner of the SW 1/4 of the NW 1/4 of said Section 34; thence alon g .',e North line of t h e SW 1/4 or the NW 1/4 or said Section 34 N8S,0 42'38"E 3~1.11 feet to the TRUE POINT OF BEGINNIN G. Said TRUE POINT OF BEGIN~ING being the Northeast corner of the parcel or land describ ed in Book 5618 at Page 65; thenc e S00°02'12"W along the East line or said parcel 659.13 feet to the Southeast corr.er of said parc e l; thence S89°39'32"W a long the South line or said parcel 30.00 feet to the Southwest corner of &aid parcel; thence N00°D2'12"E along the West line or said parcel 20.6 feet; thence N89°39'32"E 4 .37 feet; then c e N45°11'26"E 14 .19 feet; thenc e NO U0 01'27"W 628 .60 feet to the North line of the SW 1/4 of t~e NW 1/4 of s aid Section 34; thence along ,aid North line N89°42 1 38 "E 16.24 feet to the TRU E POI NT OF BEGINNING . Contains 0 .2484 Acres, more or less . Attachment l WINSLOW A portion of a parcel of land in the W 1/2 of the NW 1/4 of the SW 1/4 or the NW 1/4 or Section 34, Township 4 South, Range 68 West or the 6th Principal Meridian, being more particularly described as follows : Considering the North line of the NW 1/4 of sai d Section 34 as bearing s89°t9•51•w and with all bearings contained ~erein relative thereto; Commencing at the Northwest corner or said Se cL i ~n i i; thence along the West lin~ af the NW 1/4 of !•id s~r tion 34 soo•o2 •1 2•w 1318.86 feet to the Northwe s t c orner of=~ ~W l/~ or t he NW 1/4 of said Section 34; thence along the Nc.rth line or the SW 1/4 o • cl , :JW 1/4 of said Section 34 NB9°42•3a•E 226.46 feet to a po!ni ~~ t~• Easterly right- of-way line of the Atchison, Topeka and San ta Fe Rai1road, said point also being a point on a curve concave to the N,·rchw est hav ~n g a partial central angle of 01°01'47" and a radius of 5779,65 feet. It is subtended by a chord that beers Sl4°47'36"W 103.87 feet; thence Southerly along the a rc of said curve 103.87 feet to the end or said curve, said end of curve also being a point on the Easterly line or that certain tract of land described in Deed recorded in Book A33 at Page 13 or the records of the Cl~rk and Recorder of Arapahoe County,State or Co lorado; thence along said Easterly line S00°02'12"W _ SS8.n6 feet to a point on the South line of the Wl/2 o f the NW 1/4 of t ne SW 1/4 of the NW 1/4 of said Section 34, said point being the TRUE POINT OF BEGINNING; thence along the South line N89°39'32 "E 100.98 feet to a point on the West line of that certain parcel of land described in Deed recorded in 3ook 5618 at Page 65 in rec ords o f s aid County; thence departing said South line and along said West line N00 °02'1 2"E 20.6 f eet to a point; thence s89°39•32•w 100.98 feet to a point on the East line of the tract described in Sook A33 at ?age 13; thence S00°02'12"W along said East line 20.6 feet to the TRUE POIN T OF 3EGINNING. Contains .0478 Acres, more or less. Attachment WINSLOW A parcel of land located in the NW l/4 of the SW l/4 of .h1 NW l/4 of Section 34, Township 4 South, Range 68 Weat of the 6t h Principal Meridian, County of Arapahoe, State of Colorado, being mer~ particularly described as follows: For the purpose of this description, the South line of the NW 1/4 of the SWl/4 of the NW l/4 shall bear NB9°39'32"E. BEGINNING at a point on said South line which is 200 .01 f eet East of the Southwest corner of said NW 1/4 of the SW 1/4 of '.: ti NW 1/4, said point also being the Southwest corner of that parce ' de scribed tn Book 4716 at Page 145 of the records of the Clerk an ~ P~corder of Arapahoe County, State of ~olorado; thence N00°02' 12"E along the West line of said parcel 20 .. 6 feet; thence S8 9°39'32" W 40 .5 feet; thence soo 0 02' 12"W 20. 6 feet to a point on t!le South line of the NW 1/4 of the SW l/4 of the NW 1/4; thence N89°39'32"E along said South line 40 .5 feet to the POINT OF BEGINNING. Contains .0192 Acres, more or less. Attachment lB t ' Sc.lttli ,•: to At tachment 2 S·f!.·EI f./(. __ l ----· .fit ~c~Ntftl. ,4-16 1~\ (:11'1 f'AiTIC.!Pltt'IW /Al C,t,TCl/8Mt1'; l")A,JHOl-6 l,i,O L1tT5~/lt. t.1>JG " ~ i \ 'I i' '' I '-;i j : t!. ,r'I p,;;~f"IC,/rA TILW I / ,,..; ov~~:1Zl•./5 ?iPIF, ~ ; ,=-,eo,-1 1.s .,.o ,s· I ~ . '<: - lJ/'/,zr,"/tJK7"1f At't: l\ttachment 3 COUNCIL COMMUNICATION DATE June 5, 1989 INITIATED BY STAFF SOURCE PREVIOUS COUNCIL ACTION AGENDA ITEM SUBJECT 11 (a ) Public Works Department Kells Waggoner, Di rector Acquire land for Paving Di strict 33 Ordinance #36 series 1988 passed on f i nal reading November 21, 1988 creating Paving Di stri ct 33. ACTION PROPOSED Pass Resolution providing for an agreement to acquire real property from Winslow Construction Company fL ·• construction of the 2900 block of Sc•Jth Galapago Street in Paving District 33. POSSIBLE EFFECTS None . ~ACKGROUND On November 21, 1988 , City Council passed on final reading, Ordinance 36 series 1988 creating Paving District 33 . The acquisition of real property in the We st 1/2 of the 2900 b 1 ock of South Ga 1 apago Street i s necessary to comp 1 ete construct ion at this location . By paragraph 9, Resolution No. 50, Serles 1973, The City reserved 30 feet on the west half of South Galapago Street for the right -of-way necessary for possible street widening. The City 's proposed design for 2500 South Galapago Stre0 t only required approximately 16 feet of this reserved 30 feet. Winslow Construction Com- pany is asking us to release the remaining approximately 14 feet by amending the Mas t er Street Plan. This was already ac complished by Resolution No . 49, Serie s o'.' 197 . However , it may be necessary to execute a quit claim deed to Winslow Con - struction Company for this appro xi mately 14 feet to satisfy their concerns . FINANCIAL AThe City will acquire land from Winslow Construction Company that was appraised at Wapproximately S47,000 in return for relocating an existing fence at a cost of ap - proximately SS,200 and participating in construction of a storm sewer at a cost not to exceed S7, 500, thereby saving the City approximately $34,300 over pure has ing this property . Monies for the City's participation in this project are budgeted in the PIF . RECOMMENDATION Recommend that Council pass the Resolution providing for the agreement to acquire real property for Paving Di str i ct 33.