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HomeMy WebLinkAboutReception#87066227• RECORDED IN COUNTY OF JEFFERSON h STATE OF COLORADO AGREEMENT RECEPTION NO. 87066227 05/20/87 10:55 42.00 FiRSTBANK OF WHRAT RIDCF, NATIONAL ASSOCIATION, a national banking associa- tion (hereinafter "FirstBank"), F.AGLE-LAND COMPANY, a Delaware corporation (herein- after "Eagle"), R. W. INVESTMENTS COMPANY, a partnership, a/k/a RW INVESTMENTS CO., a/k/a R W INVESTMENTS COMPANY, a/k/a RWC,, Ltd. (hereinafter "R. W."). and DENVER SHOPPING PLAZA, LTD., a Washington limited partnership (hereinafter "Plaza"), agree as follows: 1. Definitions. The following words or phrases when used herein shall have the following meanings: I.I. "Bank Property" means the real property described on Exhibit A attached hereto and by reference incorporated herein. 1.2. "Eagle Property" means the real property described on Exhibit B attached hereto and by reference incorporated herein. 1.3. "R. W. Property" means the real property described on Exhibit C attached hereto and by reference incorporated herein. 1.4. "Plaza Property" means the real property described as Lots 1 and 2, TIME SOUARF. SUBDIVISION, and that portion of Lot 3 lying South of the Northerly Line of Lot 1, TIME SQUARE SUBDIVISION as if extended from the East line of said Lot 1 to the West line of said Lot 1, which line bears South 89*55'50"West and which line is the South line of the NW 1/4 NW 1/4 SE 1/4 Section 23, Township 3 South, Range 69 West of the 6th P.M., county of Jefferson, State of Colorado. 1.5. "New Thirty-five Foot Easement Property" means the real property described on Exhibit D attached hereto and by reference incorporated herein. 1.6. "Old Thirty-five Foot Easement" means that certain grant of ease - went dated June 19, 1951, recorded in Book 723 at page 154 of the records of Jeffer- son County, Colorado. 1.7. "Tolleson Agreement" means that certain agreement dated June 19, 1951, recorded in Book 723 at page 149 of the records of Jefferson County, Colorado. 1.8., "Transamerica Agreement" means that certain Declaration of Ease- ment dated July 27, 1967, recorded' in Book 3956 at page 126 of the records of Jeffer- son County, Colorado. 1.9. "Chaney Deed" means that certain deed dated June 19, 1951, and recorded in Rook 723 at page 158 of the records of Jefferson County, Colorado.. 1.1.0. "Old Plaza Easement" means that certain easement for ingress and egress to Lots 1 and 2, Times Square Subdivision, Jefferson. County, Colorado, as 16 r' RECEPTION NO. 87066227 described in instrument recorded August 3, 1977, in Book 3046 at page 253, and as described in the first full paragraph of Exhibit A to a deed dated February 29, 1984, and recorded as Reception No. 84018910, Jefferson County, Colorado. 1.11. "New Plaza Easement Property" means the real property described in Exhibit R attached hereto and by reference incorporated herein. 2. Consideration. The consideration for the execution of this Agreement is the sun of Ten Dollars (S10.00) paid by each of the parties to each of the .other parties, and the mutual covenents and agreements contained herein. 3. Property Ownership. " 3.1. Bank is the owner of the Bank Property. 3.2. Eagle is the owner of the Eagle Property. 3.3. R. -W, is the owner of the R. W. Property. 3.4. Plaza is the owner of the Plaza Property. 4. Parties' Interest. The parties hereto are all of the assigns and successors in interest to all of the rights, benefits and burdens created by the old Thirty-five Foot Easement, the Tolleson Agreement, the Transamerica Agreement, the Chaney deed and the 0ld Plaza Easement. The parties hereto are all of the owners of all of the right, title and interest in the property which has any right, duty, benefit or burden created by the Old Thirty-five Foot Easement, the Tolleson Agree- ment, the Transamerica Agreement, the Chaney deed and the Old Plaza Easement. 5. Grant of Certain Easements. 5.1. Bank hereby grants to Eagle a perpetual non-exclusive easement .for a right of way for ingress and egress to the Eagle Property from Wadsworth Boule- vard over the New Thirty-five Foot Easement Property, reserving to Bank the right to use the New Thirty-five. Foot Easement Property jointly for ingress and egress to Wadsworth Boulevard from the Bank Property. 5.2. Bank hereby grants to R. W. a perpetual non-exclusive easement for a right of way for ingress and egress to the R. W. ,Property from Wadsworth Boule- vard over the New Thirty-five Foot Easement Property, reserving to Bank the right to use the New Thirty-five Foot Easement Property jointly for ingress and egress to . Wadsworth Boulevard from the Bank Property. 5.3. Bank shall maintain the New Thirty-five Foot Easement Property in a clean, sanitary condition, hard -surfaced and in conformance with all ordinances and regulations of the City of Wheat Ridge, Colorado. 5.4. Bank may construct, maintain and replace buildings, structures, -2- 5i RECEPTION NO. 8706622:' parking, landscaping and other improvements abutting on and contiguous to the New Thirty-five Foot Easement Property without any required setback therefrom. 5.5. Eagle hereby grants to Plaza a perpetual non-exclusive easement for a right of way for ingress and egress to the Plaza Property from 44th Avenue over the New Plaza Easement Property, reserving to Eagle the right to use the New Plaza Easement Property jointly for ingress and egress to 44th Avenue from the Eagle Property. 5.6. Eagle hereby grants to Bank a perpetual non-exclusive easement for a right of way for ingress and egress to the Rank Property from 44th Avenue over the New Plaza Easement Property, reserving to Eagle the right to use the New Plaza Easement Property jointly for ingress and egress to 44th Avenue fron the Eagle Property. 5.7. Eagle hereby grants to R. W. a perpetual non-exclusive easement for a right of way for ingress and egress to the R. W. Property from 44th Avenue over the New Plaza Easement Property, reserving to Eagle the right to use the New Plaza Easement Property jointly far ingress and egress to 44th Avenue from the Eagle Property. S.R. Eagle shall maintain the New Plaza Easement Property in a clean, sanitary condition, hard -surfaced and in conformance with all ordinances and regula- tions of the City of Wheat Ridge, Colorado. 6. Termination of Certain Easements, Restrictions and Agreements. 6.1. The parties hereto hereby terminate the Old Thirty-five Foot Easement and the Tollesop Agreement. Each party releases all of the .other parties and each respective party's property from any right, duty, benefit or burden created or established by said instruments. 6.2. The parties hereto hereby terminate that portion of the Chaney deed reading as follows: "As a part of the consideration hereof, party of the second part agrees to use and maintain the property above described as a roadway for a period of 50 years from the date hereof, and that it will surface said strip of land and keep same surfaced with either concrete or blacktop and with suitable gutters on each side thereof, and further, that parties of the first part shall have the right to construct and maintain buildings or other structures abutting ori said strip of land, and shall not be required to set back from said strip of land any buildings they may construct. The above agreements shall be construed as covenants running with the land and shall be binding upon the heirs, successors, executors, administrators and assigns of the parties hereto.." Each party releases all of the other parties and each respective party's property -3- RECEPTION NO. 87066227 from any right, duty, benefit or burden created or established by said language.. 6.3. Eagle and R. W. hereby sell and convey to Rank the North 35 feet of the South 2/5 of the West 1/2 of the Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 23, Town 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, with all its appurtenances. 6.4. The parties hereto hereby amend the Transamerica Agreement by deleting therefrom the Tract C as described in said agreement. Each party releases all of the other parties and each respective party's property from any right, duty, benefit or burden in said Tract C established by the Transamerica Agreement. Further, Attachment A to the Transamerica Agreement is amended by drawing thereon a dashed line and a.solid line in a Northerly -Southerly direction to directly connect the existing dashed and solid lines across the gap created by the deletion of Tract C on the Westerly boundary of Tract B. 6.5. The parties hereto hereby terminate the Old Plaza Easement. Each party releases all of the other parties and each respective party's property from any right, duty, benefit or burden created or established in or to the Old Plaza Easement. 1. Covenants Running with Land. The easements, restrictions, releases, rights and duties hereunder shall create mutual benefits and servitudes upon the properties as described herein, and shall be covenants running with the land. 8. Release of Selling Party. If any party hereto shall sell, transfer or otherwise terminate its interest as owner, then from and after the effective date of such termination of its ownership interest, that party shall thereafter be released and discharged from any rights and duties under this Agreement except those having previously accrued, and the party acquiring such interest shall be subject to the rights and duties created hereunder. 9. Successors. This Agreement shall be binding on the heirs,- successors, assigns and personal representatives of the parties hereto. IN WITNESS WHEREOF, this Agreement has been executed at Denver, Colorado, this day of W� 7as , 1985. , ATTEST: X.Secietary V -4- F3RSTBAM OF WHEAT RIDGE, N.A., a national banking association Byems- . Presxden ATTEST: Secretary )9 Y' �{yy��W...4�RYyyEELyL�L9KCAN■DE�IA .MYix rWWlw66ll 60*���p �' k �y � 31491 Z r � .Qommmeion 6�, W AvW 3 888 �'`�� est +•%"�� RECEPTION NO. 87066227 EAGLE LAND COMPANY, a Delaware corporation R. W. INVESTMENTS COMPANY, a partnership General Partner DENVER SHOPPING P a Washingto C:e rahip By General Partner STATE OF COLORADO COUNTY OF ) The foregoing instrument was subscribed and sworn to before me this day of , 1985, by Edson P Vloljani (, as President and�+ p ,LC e —p4ecretary of Firstfiank of Wheat Ridge, a national bank- + ing;,sspociation. F1}Eness my hand and official seal. M�-commission expires: 8q �) . �Iq Notary Public (� yolin Address STATE OF COLORADO So. COUNTY OF The foregoing instrument was subscribed and sworn to before me this 90 A day of JGja,,p , 198, by �, AoroUM4,;.! as President and as Secretary of Engle Land ompany, a Delaware corpora- t+ion.' r n!,*i[ness my hand and official seat. My,commission expires: j-ao- q i' $a+ Not ry Public gm -ohm Ad�eas STATE OF COLORADO ) COITNTY OF Tt fore i ng instrument was pu�bor�ribed and s or}� to before me this L`y� day of 1985, by &M/ 4,1 �,0.General Partner of R. W. 'Invieatments Company, a general partnership, a/k a RW INVESTMENTS CO., s/k/a R W INVESTMENTS COMPANY, a/k/a RWC, LTD. Witness my hand and official seal. My commission expires: '9 Notary Public f MYSAIDQ Man Expires 24AS t86 OMway, 241h f1w Denier, Colorado 80202 -5- RECEPTION NO. 87066.227 New ,rk o STATE OF •BEfi@MBBf" j �r ) as. N COUNTY OF l • �4 The foregoing instrument was subscribed and sworn to Before me this 1 2 d day of }) i, , 19$ ,7 by j&jr i2j*AC , as General Partner of Denver Shopping laza, Ltd, a Washington limited partnership. Witness my hand and official seal. My commission expires:�� Lp J(ddresa/ MEN CANDELA Nawy Pubkr, stataof Nsw Yak Jry . Gualifi� inNow �YMt Coueft Commission Expires AuguN V. ION -6- RECEPTION NO. 87066227 EXHIBIT A (1 of 4) Bank Property The following described four parcels of real estate: PARCEL I A tract of land 'located in the W1/2 of the NWI/4 of the NW1/4 of the SEI/4 of Section 23, T3S, R69W of the 6th P.M., County of Jefferson, State .of Colorado, described as follows: Commencing at the Center of said Section 23, from which the El/4 Corner of said Section 23 bears H89'56'20"E, thence 500'04'54"W 30.00 feet along the West line of the SE1/4 of said Section 23 to the South line of the North 30.00 feet of the Sia /4 of said Section 23; thence N89°56'20"E,, 40.00 feet along the South line of the North :30.00 feet of the SEI/4 of said Section 23 to the Easterly right-of-way line of Colorado State Highway No. 121; thence SOO'04'54"W, 9.75 feet along the Easterly right-of-way line of said Colorado State Highway No. 121 to the South line of the. North 39.75 feet of the SEI/4 of said Section 23, a point hereinafter referred to as Point "A*; thence continuing SOO'04'54"11, 10.00 feet along the Easterly right-of-way line of said Colorado State Highway No. 121; thence continuing S00'04'54"W, 121.85 feet along the Easterly right-of-way line of said Colorado State Highway No. 121; thence 489'56'20"E, 8.50 feet to the TRUE POINT OF BEGINNING•, Thence continuing 489`56'20"E 115.74 feet; Thence SOO'04`54"W, 58.40 feet parallel with the West line of the SEI/4 of said Section 23; Thence N89'56'20"E, 79.64 feet; Thence N00'00'36"E, 190.25 feet to the South line of the North 39.75 feet of the SEI/4 of said Section 23, a point which bears N89'56'20"E, 203.64 feet from said Point 'A"; Thence 589'56'20"W, 187.64 feet along the South line of the North 39.75 feet of the SEI/4 of said Section 2% Thence S57'SB'25"W, 8..85 feet to a point on a line that bears N00'04'54"E, parallel with the Easterly right -of -may line of said Colorado State Highway No. 121, from the True Point of Beginning; Thence S00'04'54"W, 127.16 feet parallel with the Easterly right-of-way line of said Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING. Area - 30,372 square feet (0.697 acres), more or less. 7 RECEPTION NO. 87066227 EXHIBIT A (2 of 4) PARCEL II A tract of land located in the W1/2 of the NWI/4 of the NWi/4 of the SEI/4 of Section 23, T3S, R69W of the 6th P.M., County of Jefferson, State.of Colorado, described as follows.: Commencing at the Center of said Section 23, from which the E1./4 Corner of said Section 23 bears N89'56'20"E, thence 500'04'54"W, 30.00 feet along the West fine of the SEI/4 of said Section 23 to the South line of the North 30.00 feet of the SEI/4 of said Section 23; thence N89'56'20"E, 40.00 feet along the South line of the North 30,00 feet of the SE1/4 of said Section 23 to the Easterly right-of-way line of Colorado State Highway No. 121; thence S00'04'54"W, 9.75 feet along the Easterly right-of-way line of said Colorado State Highway No. 121 to the South line of the North 39.75 feet of the SEI/4 of said Section 23, a point hereinafter referred to as Point "A"; thence continuing S00'04'54"W, 10.00 feet along the Easterly right-of-way line of said Colorado State Highway No, 121; Thence continuing S00"04'54"W, 121.85 feet along the Easterly right-of-way line of said Colorado State Highway No. 121; thence N89'56'20"E, 8.50 feet to the TRUE POINT OF BEGINNING; Thence continuing N89'56'20"E, 115.74 feet; Thence S00'04'54"W, 58.40 feet parallel with the West line of the SEI/4 of said Section 23; Thence N89'56'20"E, 79.64 feet; Thence NOO'00'36"E, 190.25 feet to the South line of the North 39.75 feet of the.SEI/4 of said Section 23, a point which bears N89056'20"E, 203.64 feet from said Point "A"; Thence continuing N00'00'36"E, 9.75 feet to the South line of the North 30.00 feet of the SEI/4 of said Section 23; Thence N89'56'20"E, 84.83 feet along the South line of the North 30.00 feet of said Section 23 to -the East line of the W1/2 of the NW114 of the NW1/4 of the SE1/4 of said Section 23; Thence S00'03'62"W, 515.68 feet along the East line of the W1/2 of the NW1/4 of the NWl/4 of the SE1/4 of said Section 23 to the South line of the North 149.00 feet of the South 2/5ths of the N1/2 of the NW1/4 of the NWl/4 of the SEI/4 of said Section 23; Thence 589'55154"W, 280.14 feet along the South line of the North 149.00 feet of the South 2/5ths of the WI/2 of the NW1/4 of the NW1/4 of the SE1/4 of said Section 23 to a point on 'a line that bears S00'04'54"W, parallel with the Easterly right-of-way line of said Colorado State Highway No. 121, from the True Point of Beginning; Thence N00'04'540E, 374.12 feet parallel with the Easterly right-of-way line of said Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING. Area - 112,134 square feet (2.574 acres), more or less. RECEPTION No. 87066227 EXHIBIT A (4 of 4) PARCEL IV A strip of land 8..50 feet in width located in the W1/2 of the NWl/4 of the NW1/4 of the SET/4 of'•Section 23, T3S, R69W of the 6th P.M., County, of Jefferson, State of Colorado, described as follows: Comaencing at the Center of said Section 23, from which the E1/4 Corner of said Section 23 Dears N89'56'20"E, thence 500'04'54"W, 30.00 feet along the West line of the SEI/4 of said Section 23 to the South line of the Worth 30.00 feet of the SEl/4 of said Section 23; thence N89'56'20"E, 40.00 feet along the South line of the North 30,00 feet of the SEI/4 of said Section 23 to the Easterly right-of-way line of Colorado State Highway No. 121; thence SOO'04'54"W, 9.75 feet along the Easterly right-of-way line of said Colorado State Highway No. 121 to the South line of the North 39.75 feet of the SEI/4 of said Section 23; thence continuing S00'04'54°W, 10.00 feet along the Easterlyright-of-way line of said Colorado State Highway No. 121; Thence continuing S00'04'54"W, 121.85 feet along the Easterly right-of-way line of said Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING; Thence N89'56'20"E, 8.50 feet; Thence S00'04'54"W, 374.12 feet parallel with the Easterly right-of-way line of said Colorado State Highway No. 121 to the South line of the North 149..00 feet of the South 2/5ths of the W1/2 of the NW1/4 of the NW1/4 of the SE1/4 of said Section 23; Thence 589'55'54"W, 8.50 feet along the South line of the North 149.00 feet of the South 2/5ths of the W1./2 of the NW1/4 of the NW1/4 of the SEI/4 of said Section 23 to the Easterly right-of-way line of said Colorado State Highway No. 121; Thence N00'04'54"E, 374.12 feet along the Easterly right-of-way line of said Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING. Area - 3,180 square feet (0.073 acres), more or less. RECEPTION N0. 87066227 EXHIBIT 9 Eagle Property The East 112 of the Northwest 114 of the Northwest 1/4 of the Southeast 1/4 of Section 23, in Township 3 South, and Range 69 west of the Sixth Principal Meridian in Jefferson County, Colorado, except the North thirty feet, in use as west 44th Avenue RECEPTION No. 87066 26 xHIBU--c RECEPTION NO. 87066227 EXHIBIT U New Thirty-five Foot Easement Property A strip of land 35.00 feet in width located in the Wl/2 of the NW1/4 of the / /9 a� NWl/4 of the SE1/4 of Section 23, T3S, R69W of the 6th P.M., County of Jefferson, State of Colorado, described as follows: Commencing at the Center of said Section 23 from which the fl/4 Corner of said Section 23 bears N89'56'20'E, thence SOO'04'54:"W, 356.14 feet along the West line of the SE1/4 of said Section 23, thence N89'56200E, 40.00 feet to the Easterly right-of-way line of Colorado State Highway No. 121 and the TRITE POINT OF BEGINNING; Thence continuing N89'56'20"E, 288.58 feet to the East line of the W1/2 of the NWIA of the NW1/4 of the SEI/4 of said Section 23; Thence S00003'52"W, 35.00 feet along the East line of the Wl/2 of the NW1/4 of the NWT/4 of the SEI/4 of said Section 23; Thence S89'56'20"W, 288.59 feet to the Easterly right-of-way line of Colorado State Highway No, 121; Thence N00'04'54"E, 35.00 feet along the Easterly right -of -xray line of Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING. Area - 10,100 square feet or 0.232 acres, more or less. RECEPTION NQ- 87066227 EXHIBIT E New Plaza Easement Property A.strip of land located in a portion of Lots 3 and 4, Time Square Subdivision, a Subdivision in the County of Jefferson, State of Colorado, according to the recorded plat thereof, described as ,follows: Commencing at the Center of Section 23, T3S, R69W of the '6th P.M., thence 1499'66'20'E, 328.50 feet along the East-West Centerline of said Section 23 to the Northwest Corner of the El/2 of the RWI/4 of the NWl/4 of the SEI/4 of said Section 23; thence S00'03'46"W, 30.00 'feet along the West line of the El/2 of the NW1/4 of the NWI/4 of the SE1/4 of said Section 23 to the South . right-of-way line of 44th Avenue, also being the Northwest Corner of said Lot 4 and the TRUE POINT OF BEGINNING; Thence N89'56'20"E, 59.94 feet along the South right-of-way line of said 44th Avenue and along the North line of said Lot 4'; Thence S00'03'46"W, 8.50 feet parallel with the West line of the E1/2 of the NW1/4 of the NW1/4 of the SEI/4 of said Section 23 to the South line of that easement for acceleration and deceleration as shown on the recorded plat of said Time Square Subdivision; Thence Southwesterly, 47.06 feet along the arc of a curve concave to the Southeast to a point tangent, said arc having a radius of 30.00 feet, a central angle of 89"52'34" and being subtended by a chord that bears S45'00'04"W, 42.38 feet; Thence $00'03'46"W, 592.74 feet parallel with the West line of the E1/2 of the NWl/4 of the NWi/4 of the SEI/4. of said Section 23 to the South line thereof; Thence 589'55'50"W, 30.00 feet along the South line of the E1/2 of the NWIi4 of the NW1/4 of the SEI/4 of said Section 23 to the Southwest Corner thereof, also being the West line of said Lot 3; Thence X00'03'46"E., 631.18 feet along the hest line of the El/2 of the NW1/4 of the NW1/4 of the SEI/4 of said Section 23 and. along the West line of said Lot 3 and along the West line of said Lot 4 to the TRUE POINT OF BEGINNING. POB BANK POB EXHIBIT E NEW ttt-FLAZA EASEMENT PROPERTY