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Date: 06-27.2011 Our Order Number: ABD70261029*1
Property Address:
WADSWORTII & W. 44UI AVE.
NVESTON SOLUMNS
143 UNION BLVD
SUITE 810
LAMVOOD, CO 80228
Attm LINDSAY DELECKI
Phone: 303-729.6106
Copies: 1
EMail: lindsay. delecki Ctiwewhmu)lntions. cum
Linked Commitment Delivery
If you have any inquiries or require further assistance, please contact Commercial Title Dept
Phone: 303-850-4174 lax: 303-393-4947
Form DELIVERY.LP
LTG Policy No. L TAQ7026102911
Form PIB/ORT fpr/ ��+�p�p�1ry�� p�1.�
PFCPEF 1 1 I1�-1..r�Y1/-tinCN o11VAl
This Policy is issued in lieu of Policy No. l; rAQ70261029 which is(are) hereby cancelled.
Our Order No. ABD70261029`11 Liability: $50,000.00
Fee: $0.00
Subject tW the exclusions from coverage, the limits of liability and other provisions of the Conditions
and Stipulations hereto annexed and made a part of this Binder,
OLD REPUBLIC NATIONAL'TITLF, INSURANCE COMPANY
a Corporation, herein called the Company,
GUARANTEES
wIS'1'ON SOLUTIONS
herein called the Assured, against loss, not exceeding the liability amount stated above, which the assured
shall sustain by reason of any incorrectness in the assurance which the Company hereby gives that,
according to the public records as of .June 15, 2011 at 5:00 P.M.
1. 'Title to said estate or interest at the date hereof is vested in:
SEE ATTACHED
2. The estate or interest in the land hereinafter described or referred to covered by this Binder is:
A Fee Simple
Land Title Guarantee Company
Representing Old Republic National Title Insurance Company
Our Order No. ARD70261029^1
Title to the estate or interest oouered by this policy at the date hereof is vested in:
THE WHEAT RIDGE URBAN RENEWAL AUTHORITY, AS TO PARCEL 1,
WHEAT RIDGE URBAN RENEWAL AUTHORITY, AS TO PARCEL 2,
ENAYATALLAII BOROUNIAND, AS TO AN UNDIVIDED 25% INTEREST AND
ENAYATALLAH BOROUMAND, AS TRUSTEE OF THE 1980 AGB TRUST, AS TO AN UNDIVIDED 7570
INTEREST, AS TO PARCEL 3
WHEAT RIDGE URBAN RENEWAL AUTHORITY, AS TO PARCEL 4
JAMES E. KOLLS, AS TO AN UNDIVIDED 47.57 INTEREST AND THE WHEAT RIDGE URBAN
RENEWAL AU'T'HORITY, COLORADO, AS TO AN UNDIVIDED 52.5% INTEREST, AS TO PARCEL 5
Form PIBlORT
Our Order No. ABD70261029`1
3. The land referred to in this Binder is situated in the State of Colorado, County of JEFFERSON
described as follows:
SEE A'1'1'ACHED PAGE(S) FOR LEGAL DESCRIPTION
4. The following documents affect the land:
1. EXISTING LEASES AND TENANCIES, IF ANY.
(AFFI+,CI'S ALI. PARCELS)
2. ANY WATER RIGHTS OR CLAIMS OR'rl'I'LL+ TO WA'T'ER IN, ON OR UNDER'I'IIE LAND,
WHETHER OF RECORD OR NOT.
(AFFE(,TS ALL PARCELS)
3. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTII IN
AGREEMENT RECORDED .TUNE 21, 1951 IN BOOK 723 AT PAGE 149.
(AFFECTS ALL PARCELS)
4. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND
INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED MARCH 14, 1962, IN BOOK 1456
Land 'Title Guarantee Company
Representing Old Republic National 'Title Insurance Company
Form PIB/ORT
Our Order No. ABD70261029`1
4. The following documents affect the land: (continued)
AT PAGE 510.
(AFFECTS PARCELS 2 AND 4)
5. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
SPECIAL WARRANTY DEED RECORDED JUNE 27, 1962 IN BOOK 1493 AT PACE 149.
(AFFECT'S PARCELS 2 THROUGH 5)
6. LEASE BETWEEN TRANSAMERICA TITLE INSURANCE COMPANY, LESSOR, AND NATIONAL,
TEA CO., LESSEE, AS SHOWN BY LEASE AGREEMENT RFCORDF.D JULY 07, 1967, IN
BOOK 1950 AT PAGE 333.
(AFFECI'S PARCELS 2 THROUGH 5)
7. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMEN'T'S AS SES'
FORTH AND GRANTED IN DECLARATION OF EASEMENT RECORDED AUGUST 01, 1967 IN
BOOK 1956 AT PAGE 126 AND THAT QUIT CLAIM DEED RECORDED OCTOBER 31, 1980
UNDER RECEPTION NO. 80082871.
(AFT ECTS ALL PARCELS)
8. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS TO AGREEMENTS AS
SET FORTH IN ASSIGNMENT RECORDED JANUARY 10, 1969 IN BOOK 2074 AT PAGE
248.
(AFFECTS PARCELS 3 THROUGH 5)
9. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILPPIES, AND
INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED NOVEMBER 14, 1969, IN BOOK
2144 AT PAGE 746.
(AFFECT'S PARCELS 2 THROUGH 5)
10. 'PERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGA'T'IONS AND EASEMENT'S AS SET
FORTH AND GRANTED IN EASEMENT AND RIGHT OF WAY RECORDED OCTOBER 13, 1970
Form PIBlORT
Our Order No. ABD70261029*1
4. The following documents affect the land: (continued)
IN BOOK 2213 AT PAGE 722.
(AFTECTS PARCELS 3 THROUGH 5)
11. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS ASSET FORTH IN REAL
ESTATE CONTRA(T INSTALLMENTS RECORDED DECENIBER 14, 1973 IN BOOK 2576 AT
PAGE 693 AND THAT ASSIGNMENT RECORDED 101151977 IN BOOK 3080 AT PAGE 729.
(AFFF.CI;S PARCEL 2)
12. 1.H:ASE BN TWEEN J.AMNS W. AND ELLEN V. PINKARD, LESSOR, AND ALBERT'SON'S, INC.,
IXSSE1, AS SIIOWN 13V MEMORANDUM OF SHOPPING CENTE'''R LEASE RECORDED DECEMBER
20, 1976, IN BOOK 2940 A'1' PACE 297 AND '171.AT FIRST AME'NI)MENT RECORDED
AUGUST 12, 1977 IN BOOK 3052 ATPAGE 91.
(AFFECI'S ALL PARCEIS)
13. LEASE BETWE JAMES W. PINKIRD AND ELLEN V. PINKARD, LESSOR, AND UNITED
STATES POSTAI. SERVICE, LESSEE, AS SHOWN BY LEASE RECORDED JULV 29, 1977,
IN BOOK 3043 AT PAGE 43.
(AFFECTS PAROLS 3 THROUGH 5)
14. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN DECLARATION OF EASEMENT RECORDED AUGUST 113, 1977 IN
BOOK 3046 AT PACE 253 AND THAT RATIFICATION RECORDED MAY 1, 1997 UNDER
RECEI'TION NO. F0407439.
(AFFECTS PARCEIS 3 AND 4)
15. LEASE BETWEEN JAMES W. PINIGIRD AND ELLEN V. PINKARD, LNSSOR, AND DENVER
PIZZA INC., LESSEE, AS SHOWN BY NO'T'ICE OF LEASE RECORDED AUGUST 12, 1977,
1N BOOK 3052 A'1' PAGE 99 AND OC OBECR 19, 1977 IN BOOK 3087 AT PAGE 868.
(AFTECI'S PARCELS 3 AND 4)
Form PIBIORT
Our Order No. ABD70261029*1
4. The following documents affect the land: (continued)
16. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH AND GRANTED IN RELEASE OP COVENANTS RECORDED DECEMBER 12, 1978 UNDER
RECEPTION NO. 78112816. -
(AFFECTS PA CF.IS 2 THROUGH 5)
17. EASEMENTS, CONDITIONS, COVENANTS, RESTRICLIONS, RESERVATIONS AND NOTES ON
THE PLAT OF TIME SQUARE SUBDIVISION RECORDED NOVEMBER 19, 1982 UNDER
RECEPTION NO. 82081495.
(AFFECT'S PARCELS 2 THROUGH 5)
1& TIMMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET I"OR '11 IN
AGREEMENTS RECORDED MAY 20, 1987 UNDER RECEPTION NOS. NO. 87066226 AND
87066227 AND THAT RATIFICATION RECORDED MAY 1, 1997 UNDER RECEPTION NO.
F0407439.
(AFFECT'S PARCELS 2'1'IIROUG115)
19. EASEMENT GRANTED TO PUBLIC SERVICE COMPANY OF COLORADO, FOR UTILITIES, AND
INCIDENTAL PURPO)ISE.S, BY INSTRUMENT RE, CORDED AUGUST 20, 1987, UNDER
RECEPTION NO. 871117245.
(AFFECTS PARCEL 1)
201. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN
RESOLUTIONS RECORDED NOVEMBER 20, 1991 UNDER RECEPTION NO. 91108123 AND
APRIL 30, 2001 UNDER RECEPTION NO. F1226476.
(AFFECT'S ALL PARCELS)
21. L[EN WEED REMOVAL ASSESSMENTS EVIDENCED BY STATEMIINTOF LIEN RECORDED
AUGUST 20, 1993, UNDER RECEPTION NO. 93127509.
(AFF+ECrS PARCELS 3 THROUGII 5)
Form PIB/ORT
Our Order No. ABI170261029 `1
4. The following documents affect the land: (continued)
22. TERMS, CONDITIONS, PROVLSIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORT[] IN ('ROSS PARKING EASEMENT AGREEMENT RECORDED FEBRUARY 05, 1997 UNDER
RECEPTION NO. F0367252, ORDER AND DECREE RECORDED MARCII 2-5,1997 TINDER
RECEPTION NO. F0388758 AND THAT TERMINATION RECORDED AUGUST 13, 1997 UNDER
RECEPTION NO. F0460103.
(AFFECTS PARCELS 3 THROUGH 5)
23. 'PERMS, CONDI'TIONS, PROV"LSIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FORTH IN BOUNDARY SURVEY PLAT RECORDED AUGUST 13, 1997 UNDER RECEPTION NO.
F0460102.
(AFFECI'S PARCELS 3 THROUGH 5)
24. 'TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGA'T'IONS AS SET FORTH 1N
RI SOLUTION RECORDEDJULY 19, 2001 UNDER RECEPI'[ON NO. 111279302.
(AFFECT'S ALL PARCELS)
25. TERMS, CONDITIONS, PROVLSIONS, BURDENS, OBLIGATIONS AND EASEMENTS ASSET
FORTH IN IMPROVEMENT SURVEY PLAT RECORDED NOVEMBER 21, 21103 UNDER
RECEPTION NO. F1911560.
(AFFE(TS PARCEL 2 AND 5)
26. TERMS, CONDITIONS, PROVLSIONS, BURDENS, OBLIGATIONS AND EASEMENTS AS SET
FOR`T'H IN LAND SURVEY PLAT RECORDED NOVEMBER 03, 2004 UNDER RECEPTION NO.
F2121706.
(AFFECI'S PARCEL 4)
27. DEED OF TRUST DA'fF,D APRIL 17, 2008 FROM WHEAT RIDGE URBAN RENEWAL AUTHORITY
TO rl,IIE PUBLIC TRUSTEE OF JEFFERSON COUNTY I'OR THE USE OF F[RSTI3ANK OF
WH EAT R[DGE TO SECLIRF, TiIE SUM OF $1,428,000.00, AND ANY OTHER AMOUNTS
PAYABLE UNDER T[IE'TERMS'I'l1EREOF, RECORDED APRIL. 17, 2008, UNDER RECEPTION
NO. 2008036967.
Form MORT
Our Order No. ABD70261029$1
4. The following documents affect the hand: (continued)
(AFFECTS PARCEL 4)
28. DEED OF TRUST DATED APRIL 17, 21108 FROM WHEAT RIDGE URBAN RENEWAL AUTHORITY
TO THE PUBLIC TRUSTEE OF JEFFERSON COUNTY FOR THE USE OF FHLSTBANK OF
WHEAT RIDGE TO SECURE THE SUM OF $1,857,1000, AND ANY OTHER AMOUNTS
PAYABLE IINDER THE TERMS THEREOF, RECORDED APRIL. 17, 2008, UNDER RECEPTION
NO. 2111181136969.
(AFFECTS PARCEL 2)
29. LIS PENDENS IN THE DISTRICT COURT IN AND FOR THE COUNTY OF JEFFERSON
ENTITLED WHEAT RIDCE URBAN RENEWAL AUT'HORI'TY, P1.AINTIFF(S), VS
UNDERWRIT'E'RS INTERNATIONAL, INCORPORATION, ETAL, DEFENDANT(S), RECORDED
SEPTEMBER 18, 2008, TINDER RECEPTION NO 2008087834, CIVIL ACTION NO.
08-CV4003.
(AFFECT'S PARCEL 5)
30. TERMS, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY
OF WHEAT RIDGE NOTICE RECORDED .TANUARY 07, 2009 UNDER RECEPTION NO.
21*9001396.
(AFFECTS ALL PARCELS)
31. TERM, CONDITIONS, PROVISIONS, BURDENS AND OBLIGATIONS AS SET FORTH IN CITY
OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MAMBER SANG COUNCIL BILL
NO. 19 ORDINANCE NO. 1474, SERIES 2010 RECORDED DECEMBER 15, 2010 UNDER
RECEPTION NO. 2010113917.
(AFFECI'S ALL PARCELS)
NOTE: THIS BINDER IS NOTA RET'OR'T' OR REPRESENTATION AS TO MINERAL
INTERESTS, AND SHOULD NOT BE USED, OR RELIED UPON, IN CONNECTION WITH THE
NOTICE REQUIREMENTS THAT ARE SET FORTH IN CRS 24.65.5-103.
NOTE: THIS BINDER DOES NOT REFLECT THE STATUS OF TITLE, TO WATER RIGHTS OR
REPRESENTATION OF SAID RIGHTS, RECORDED OR NOT.
Our Order No. ABU70261029-"I
PARCEL 1:
THE WEST 100 FEET OF'THE FAST 125 F11,71' OF THE SOUTH 100 FEEX OF THE NORTH 130
FEF,T OF THF, WEST 1/2 OF THE NORTHEAST I/4 OF THE NORTHWEST 1/4 OF THE SOU'T'HEAST
1/4 OF SEC'T'ION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH 1'. M., COUNTY OF
JEFFERSON, STATE OF COLORADO.
PARCEL 2:
THE W 1/2 OF THE NE 1/4 NW 1/4 SE 1/4 OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69
WLST OF T]IE 6'TII P.M.,
EXCEPT' THE NOWFIl 30 FEKI IN USE AS WEST 44TH AVENUES,
EXCEPTTHE FAST 25 FEET IN USE AS UPHAM STREET, AND
EXCEPT THE EAST 125 FEET OF THE NORTH 130 FEET THEREOF, AND
EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN DEED RECORDED JUNE
30, 1987 UNDER RECEPTION NO. 870852211, COUNTY OF JEFFERSON, STATE OF COLORADO.
PARCEL 3:
LOT 4, TIME SQUARE SUBDIVLSION AND THAT PORTION OF LOT 3, TIME SQUARE
SUBDIVISION MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, RECORDED
NOVEMBER 19, 1982 UNDER RECEPTION NO. 82081495, RECORDS OF JEFFERSON COUNTY,
LOCATED IN THE SOUTHEAST QUAR'T'ER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST
OF THE CiTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, S'PA'TE OF COLORADO, BEING
MORE PARTICULARLY DESCRIBE]) AS FOLLOWS:
BEGINNING A'1' TIIE NORTHWEST CORNER OF LOT 3, SAID 'PIMP, SQUARE SUBDIVISION;
THENCE: NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST ALONG THE NOR'PII LINE: OF STUD
LOT 3, A DISTANCE OF 195.00 FEF. f;
'1'IIENCE SOUTH 00 DECREES 02 MINUTES 46 SECONDS WEST, A DISTANCE, OF 32.25
FEET;
THENCE NORTH 89 DEGREES 56 MINUTES 20 SECONDS EAST, A DISTANCE OF 133.54 FEE'P TO
A POINT ON THE EAS'T'ERLY LINE. OF SAID LOT 3;
THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST ALONG SAID EASTERLY LINE, A
DISTANCE OF 55.32 FEET;
'HIE, NCE LEAVING SAB) EASTrRLY LINE, SOUTH 89 DEGREES 56 MINUTES 20 SECONDS WEST,
A DISTANCE OF 328.67 FEET TO A POINT ON TIIE WESTERLY LINE OF SAID LOT 3;
THENCE NORTH 00 DEGREES (13 MINUTES 46 SECONDS EAST ALONG SAID WESTERLY LINE, A
DISTANCE OF 87.57 FEET TO TIIE POINT OF BE, GINNING. COUNTY OF JEFFERSON, STATE OF
COLORADO.
THE BASIS OF BEARINGS IS THE WEST LINE OF LOT 3, TIME SQUARE SUBDIVISION, BEING
NORTH (10 DEGREES 03 MINUTES 46 SECONDS EAST AS SHOWN ON THE RECORDED PLAT. THE
NORTHWEST CORNER OF SAID LOT 3 IS A FOUND ('ROSS IN CONCRETE. THE SOUTHWEST
CORNER OF SAID LOT 3 IS A FOUND 3/8" REBAR, ALL IN THE COUNTY OF JEFFERSON,
Our Order No. ABD70261029*1
STATE OF COLORADO.
PARCEL 4:
LOTS 3 AND 4, TIME SQUARE SUBDIVISION,
EXCEPT 11 IE FOLLOWING:
THAT PORTION OF LOT 3 LYING SOUTI I OF THE NORTHERLY LINE OF LOT 1, TIME SQUARE
SUBDIVISION AS IF EXTENDE1) FROM THE EAST LINE OF SAID LOT I TO THE WEST LINE OF
SAID LOT 1, WHICH LINT; 13PARS SOUTH 89 DEGREES 55 MINUTES 50 SECONDS WEST AND
WHICH LINE IS 'ITIE SOUTH LINE OF THE NORTHWEST 1/4 NOR'l7[WEST 1/4 SOUTHEAST 1/4
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WE, OF THE, 6171 PRINCIPAL MERIDIAN,
AND FURTHER EXCEPTING A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE
SUBDIVISION, BEING MORE PARTICULARLY DESCRIBED A6 FOLLOWS:
BEGINNING AT THE NORTHWTST CORNER OF SAID LOT 3, TIME SQUARE SUBDIVISION, THENCE
NORTH 89 DEGREES 56 MINUTES 211 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT
3, A DISTANCE OF 195.00 FEET; THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS
WEST, A DISTANCE OF 32.25 FEET; THENCE NORTH 89 DECREES 56 MINUTES 213 SECONDS
EAST, A DISTANCE OF 133.54 FEET TO A POINT ON THE EASTERLY LINE OF SAID LOT 3;
THENCE SOUTH 00 DEGREES 02 MINUTES 46 SECONDS WEST, ALONG SAID EASTERLY LINE, A
DISTANCE OF 55.92 FEET; THENCE LEAVING SAID EASTERLY LINE, SOUTH 89 DEGREES 56
MINUTES 20 SECONDS WEST, A DISTANCE OF 328.67 FEET TO A POINT ON THE WESTERLY
LINE OF SAID LOT 3; THENCE NORTH 00 DEGREES 03 MINUTES 46 SECONDS EAST, ALONG
SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET TO THE POINT OF BEGINNING. COUNTY
OF JEFFERSON, STATE. OF COLORADO.
PARCEL 5:
THE NORTH 134 FEET OF THE SOUTH 272.3 FEETOF THE EAST 8.45 FEET OF THE, EAST 1/2
OF THE NOR'1'HNVFST 114 Or THE NORTHWEST 114 OF THE, SOU'T'HEAST1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANCE 69 WEST OF'nJE; 6TI I P.M., COUNTY OF.►EFr ERSON, STATE OF
COLORADO.
Property Information Binder
CONDITIONS AND S'1'IPULA'f10NS
1. Definition of Terms
The following terms when used in this Binder mean:
(a) "Land": The land described, specifically or by reference, in this Binder and improvements affixed dreeto which by law constitute,
real property
(b) 'Public Records"; those records which impart constrictive notice of matters relining to said land:
(c) 'Dade": tine effective date;
(d) "the Assured": the party or parties named as the Assured in this Binder, or in a supplemental writing executed by the Cumpmty;
(e) "the Comp:nry" means Old Republic Nationl Title Insurance Company, a Minnesota stock company.
2. Exclusions from Coverage of this Binder
Tile company -sum- no liability including cost of dorense by reason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any fining authority That levies hoes or assessments on
real property or by the Public Records; taxes and assessments not yet due m• payable and special assessment, not yet certified
to the Treasurer's office.
(b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the i—tance tltneor; water nights, claims or
title to water.
(c) Title to any property beyond Ho lines of the Land, or title to sheets, mads, avenues, lanes, ways or waterways on which
such land shads, oe the right to maintain therein vaults, tunnels, r,unps, or any other structure or improvement; or any
tights or easements therein rides such property, rights or casements are expressly and specifically set forth in said desciptimt
(d) Mechanic's licn(s),,judgment(s) orotherlicn(s).
(c) Detects, liens, encumbrances, adverse claims or otter matters: (a) created, suffered or agreed to by the Assured;
(h) not known to the Company, not recorded in Ho RiMic Records as of Hie Date, but latown to the Assured as of
tire Date; or (c) attaching or creating subsequent to file Date.
3. Prosecution of Actions
(a) 'File Company shall have the right at its urn costs to institute and prosecute any action or proceeding or do anry other act which
in its opinion may be necessary or desirable to establish or confirm tine malters herein assured; and tate C ompaury may take any
appropriate action under the terms of this Binder, whether or not it shall he liable thereunder and shall not Hmrehy concede liability or
waive any provision hereof.
(h) In all cases where the Company does not Institute and prosecute any action or proceeding, the Assured shall pemhit Ho Company
to use, at its option, the name of the Assured for this purpose. 141ienever recprested by the Company, the Assured shall give the
Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimlurse the Assured for
any expense so incurred
4. Notice of Loss - Limitation of Action
A statement in writing of arty loss or daunmge for which it is claimed the Company is liable under His Binder shall be
furnished to the Company within sixty days after such lass or damage shall have been determined, and no tight of action shall asses
to the Assured under this Binder until thirty days :after such statement shall terve been furnished, and nu recovery shall be had by tire
Assured under this Binder unless action shall lax commenced thereon with two years after expiration or the thirty dry period
Failure to furnish the statement of loss or damage or to commence the action within the time herinbefore specified, .shmdl be conclusive
bar against maintenance by the Assured or any action mid- this Binder.
;. Option to Pay, Settle or Compromise Claims
Tile Company shall have the option to pay, wide or compromise for or in the name of the Assmrd any claim which
could result in loss to the Assured within the coverage of this Binder, or to pay tile till amount or this Binder. Such
payment or tender of payment or the fill amount or the Binder shall terminate all liability of Hie Company hereunder.
F1BCRr Ib a' Fky l d 2
G. Limitation or Liability - Payment of Loss
(a) The liability of die Company under this Binder shall he limited to the amount of actual Ims sustained by die Awned herause
of reliance upon due assurances herein set forth, but in on event shall the liabiity exceed the amount of the liability
stated on the face page hereof.
(b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for die Assured, and all costs
and attorney's fees in litigation carried on by die Assured with the written authorization of the Company.
(c) No claim for loss or damages shall arise or be maintainable under this Binder (1) if the Company after having received notice of
any alleged defect, lien or encumbrance trot shown as :n Exception or excluded herein removes sa•h derect, lien or encumbrance
vvidhtn a reasonable time after receipt of such notice, or (2) for liability voluntarily assroned by the Assured in settling any claim
or suit witlomd written consent of the Company.
(d) All payments under this Binder, except For aturhey's fees as provided for in panagrapli b(b) thereof, shall educe die amount
of the liability hereunder pro tanto, and no payment shall be made withourt producing this Binder or an acceptable copy thereof
for cndursrment of the payment intens the Binder be lost or destroyed, in which case proof of the lass or destruction shall he
Furnished to the sadisfac.tion of the Company.
(e) R'hen liability hes been definitely fixed in accordance with die conditions or this Binder, die loss or damage shall bepayable
within thirty, days tbereahfter.
7. Subrogation Upon Payment or Settlement
Whenever the Company shall have settled a claim wader this Binder, all right orsubrogation shall vest in the Compmiy mnlTected by
any act of the Assured, and it shall he subrogated to and be enticed to till rights and remedids which the Assured would have had
against any person or properly in respect to the claim hal this Binder not been issued. If the payment docs not cover the loss
of the Assured, the Company shall be subrogated to the rights and remedies in tlhe proportion which the payment Maus to
die amount of said loss. 'rhe Assured, if requested by the Company, shall transfer to the Company all tights and remedies against
any person or pmprty necesmy in miler to perfect the right of subrogation, mid shall permit the Company to one the name o1' the Assured
in any transaction or litigation involving the rights or remedies.
8. Binder Entire Contract
Any action or actions or rights of action that die Assured may have or may Ming against the Company arising out of the subject matter
Hereof must be based on tune provisions of this Binder. No provision or cunditian of this Binder can be waived or clanged except by a
writing endorsed or attached hereto signed by the President, a Vice ]'resident, the Secretary, an Assistant Secretary or other
validating officer of the Company.
9. Notices. Where Sent
All notices required to be given the Company and any statement in writing required to be furnished the Company shall be
addressed to it at 400 Second Avenue South, 9'limreapulis, iN irme-ta 55401, (02) 371-1111.
10. Arbitration
Unless prohibited by applicable law, ratherthe Gxnpamy or the insured may demand a bihadon pursuant no the fits
Insurance Arbitration Riles of the American Arbitration Association.
Isedth mm*theCMtoed:
L*Dl1T1ECdfaR4NIlM0MFNtN
30M E15f AWOODO
M4,01 0080MS
3=504174
F1BQir03ff Fhy2 d 2
LAID TITLE GUARWrEE aMPMY
pq IM am
Land Title
GlIARANTEF COMPA,YY
w•w.<« o• Customer Reference No. WADSWORTH & W. 44TH AVE.
Record Owner. THE WHEAT RIDGE URBAN RENEWAL AUTHORITY, AS TO PARCEL 1,
Property Address: WADSWORTH & IV. 441II AVE.
When referring to this order, please reference our Order No. ABD70261029*1
Date: .lune 27, 2011
CHARGES -
Property Information Binder $0.00
-- rotal-- $0.00
Payment is due within 30 days from the date on which the Guarantee is issued. If payment is not
received within 311 days of that date, the Guarantee and all coverages thereunder shall he cancelled.
Please make checks payable to:
LAND TITLE GUARANTEE COMPANY
3033 E 1ST AVE 9600
DENVER, CO 80206
RECORDED IN
RernMeJa Wd.+._M_ - COUNTY OF JEFFERSON
Rraxp7rrn Nv. _ _ ac STATE OF COLORADO
RECEPTION N0, 87006220
-- - QUIT CLAIM DIKED 06r3DJe7 f s: ro 6. DD
THIS DEED, milde ihu 3rd Jay of June 19 87. 1
11w11n 11, Ltd.
l ntlM1e •amrty,J 11sP1iltvn and stared To m.se,, ;1
P�OWdn, gramar(5{. and City of Plfleat Ridge, I
A Wane Rule Municipality
��whnu kgar xAlress is 750011. 29th Ave., Wheat Ridge,
of rhe L'twmly of JeffurOOn anJ Sralc ..f CnbrcvGv: giamtx(�L
I, 1VI'fNPy5Ef11,1'hnl llm granlmrr).f rvnJ in cvmlJnmlun ur ilx•.wm of----------------------.�.__
l Ten and 00/100 DallarH (510.00)•—__-_
(, tlrc aeeip andvurne&racy nfWhlehh M1eaby.1ul -aged, has mwt!cd. rdcased. -A , cryvyrdand OUST CLAIMED. uW by
(h est picunisdae9 remVse. rticnsc,Bell, c�incyunJOUrrCLAIblentnibepwlecl6, its
hdrn, suaceswvsonJ nulkns,
=
1vr. AS arc dghh tine. W-1. clAW cad demand whh'h till, gm011(f bra a In .IW lu Inc real pnyxay, sogerber Whb
Inspnncaenls, ifnny.shuote, lyingnedbeing In the Cuvnly of Jefferson and Slmcaf
1
Colur�Jv, Jeaerlbcd m fnllrMs:
�I
I As deacril,ed on Lkhibit A attracted hereto gild incoiporattx3 Herein.
W
a
d rn Exhibit 8 attached,
w �
�W� I11 1
n I
I
also Mncun hyslmrvial nrnolMr or: 7340 Wait 44th Avenue II
1n I IAVh ANO TL) HOLD the scAm. sug=lbcr .viih all ,rad sinpllar the spf+hre—ei u 1 paicReges Iberewm b tungMµ m in
xnywlse thcrcunlu vpparloMing, anJ nil lbccamic. riyhl, lille.imercsl anJ clabu whvisve.v, rat the granterliyy. ellNev in lew yr eyelly,ro
lhennly propernse. Nncftenil Mhwfot til=µmmeelfi, its W. and nssigm fnnxr.
yl IN WI'I'NIiSS tYIItiNEOP, Th¢ RranwKyj ha S eaceulcd this Jad m the dme tel frnh vhu.c.
/RN,ysC/� d., a parrnnrp'e/dhiip
— Nnnaging General Partner
- i
I} ST1Tl:Op COLORADO. �ss, —_. li
i` c.,vmv.d Arapahoe
Th<n,mgg'usginskuh,ent,.a.:ntwnskJgee txf rJriM 3rd day of June , i9Dl
by Mallin V, Miller, Illannging Cevernl Pnrtnar of MAC. Ltd.
L wa [ q I' spl es. Jul .racy 30 V BR . W5lness n hmJ aW nlf.iol al.
1, '.rrl.J,1,.'f ,rr•.�. i�_i...-.—t.�. _.a.1c..vJ /� 'c/T �.Y..l��.
!l t� (; •�. sF LrC" 1901 W. Little[afi'TIVil. U
•� Littleton. CO e0120
!I
,. `If la Dcrcer. in!.TI "C -ay ana"
fie.9!l. Re.. sal. 9tnr tn.snrnun w.r.•v r.w.a„a. . , •a s.. r.e.-,.a r., �:ar ,. ..... r.,
RECEPTION N0. 87085220
Pr.jact; S-44.06-87
Location; 7340 W. 44th Ave.
ON
EXHIBIT A
Commencing at the northwest corner of the BE 1/4 of Section 23, T3S,
I169W of the 6th P.M.; thence N 890 41' 17" E along the north line of
said BE 1/4, a distance of 656.95 feet to the NW corner of the NE
1/4 of the NW 1/4 of the SE 1/4 of Section 71; thence S 000 17.' 06"
E along the west line of the NE 1/4 of the NW 1/4 of the SE 1/4, a
distance of 30.00 feet to the POINT OF BEGINNING, said point being
the northwest corner of Parcel A, Seek 2363, Page 657, ,7efferson
County RecordSl thence continuing 5 000 12' 06" E along said west
line of the NE 1/4 of the NW 1/4 of the BE 1/4, a distance of 17.00
feet; thence N 890 41' 37" E, a distance of 20.00 feet; thence N 420
44' 18" E, a distance of 19.16 feet; thence N 890 41' 37" E, a
distance of 60.00 feet; thence N 000 12' 06" W, a distance of 3.00
feet; thence N 090 41' 37" W, a distance of 93.05 feet to the POINT
OF BEGINNING, containing 651 square feet.
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NOISIAI(31
E7A
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NOISIAI(31
BOOK
Reoor¢ed:at.2SUG P. M. an June 21, 1951 723 NV 149 G`
Rabert W.' Newton, Recorder t
Ea
ria45411:1ri
,TNIS INDE14TU9 ;u:G .aGRi'i�1vNT, ;dude and entered into rr
ythis•^ _±day_ok.3l;re,�- D. J-_
TOLLES04, LEGU,aRD V.I. TO:.L_Cl., and ci,RI:.E V. -:,RL iv J, of the
County of Jefferson and St.:te of Colorado, of the first part, sna
edILLER� SUPER A.+RKE 8, IHC., a Color -do corpor:aion., of the
second part,
S E T R T ii .. T-
vai nL,.S, tae first -x%rties h:,ve this day sold and G,Ca
f
veyed to the second Darty taa follo%.'ing described real estate '
(hereinafter referred to as Parcel i,o. 1), situate in the Countj.
of Jefferson, Stute of Colorado, to :it:
E.�
The East 1/2 of the Korth 3/5 of the §'esti
1/2 of the Northwest 1/4 of tate Northwest 1/4
of tie Southeast l/4 of Section 23, Township
3 South, Range 69 Vest of t_:e 6th P.A., and
the west 75.71 feet of the North 3/5 of the
East 1/2 of the Northwest 1/4 of t::a Northwest
1/4 of tatt Southeast 1/4 ofSection 23, Town-
ship 3 South, Range 69 kest.of the 6th P.M.,.
r
being a tract of land 240 foot, more or less,
east and west, by 396 fect, more or less, north
••
and south; exaeot ng the east 24. feet of the
north 180 feet of said tract; subject to rigbt
of way for roEd purposes across the north 30
feet thereof;
and
V48R&%S, the first parties are the owners of the folldri-
Ing deferibed real estate (herein.fter referred to as Parcel No:
2)'situate'in the County of Jefferson, State of Colorado, to 4:itt-
Thehest 1/2 of the Northeast 1/4 of tl•e
F.
Northwest 1/4 of the Southeast 1/4 and the
East 1/2 of the Northwest 1/4 of the North-
west 1/4 of the ESoutheast 1/4., except a por-
tion thereof included in Parcel No. 1, all
!`
in Section 23, Township 3 South, kunde 69
West of the 6th P.M.,.
and
WIiE4AS, as u part of the consideration for the sa.lo
and purchase of Parcel No. 1, it wus :,greed by and betwoon the
paW-;'Liass-herettvs milli
V
y.
.__...,.. 4'Tr. :.l$7:•_ .—............. ..�'�"----•--�_.. ,- ....... - .. tie.?"-_ _ '—. .. _ — — a ... -
.... -_T" _�. t4
BOO '
M N° 00
`Y
1"
be maintained under certain conditions between the oyners of
Parcels numbered 1 and 2.
NOV, THEREFORE, in consideration of the premises and
the mutual covenants and agreements hereinafter contained, At is
by the darties hereto covenanted and agreed as follows:
1. If, and when -other store or business buildings
shall be erected on Parcel No. 2, tae first parties or their,'
assigns shall maintain ir connection with such buildings,. parking:
lots or areas in a ratio of approximately tiro square feet of'parlt-
ing area, and roadways to etch square foot of store space.
2. That t;zr: parking lot of the second party and the.`
said parking lots or areas of ti:e first parties, or their ass*0i';
shall be used jointly by the first parties, their assigns, tens
ants, customers and patrons, and by the second party, its ass4nrq-,
tenants,customers and patrons.
3. The parties hereto, for themselves and their -'ie-
spettive heirs, administrators, successors and assigns agree not
to erect any fences, obstructions or blockades on the said pari
Ing lots, except such as shall be reiluired or necessary for the--
orderly
he-orderly parking of cars, and euoh party, on the land respectively. {t
owned by it or them, will place connecting roadways sous to'-egn
form and connect with the roadways of adjacent store p'roper'ties;
and will not erect or pennit.to remain on any of the parking -
areas, signs, indicating Ciat tae respeetive parking areas are
reserved for tae exclusive use of customers of the respective
i'
store owners or occupants.
w. That- should the parties heroto, their heirs, admin- "
istrators, successors or assigns fail to maisituin the parkin,, lots
or, areas of them herein respectively required, then We other
.party or its or their heirs, administrutors, successors or assigns
'may,. in a0dition ko" anY ±'®lilody�;ti� whiph ':hoy ;n�.;. re .vnt>$$]:els h�,:.:.
Rook
743 151
law, refuse access to, or use of, his or its parking area- by-tn&
offending owner until the default has been corrected.
5. That t o reciprocal p:.rking rights agreed upon.and'
given and granted herei:c shall inure to the benefit. of, atad be, a -
burden upon, each and every parcel and part of the above.descrlbed-
Parcels numbered 1 and 2, on s:hich there shall be erect ed- stores:. -
or business buildings for a period of fifty yrars from the-diate,
hereof.
As s further considera`ior, for tier: sale and conveyanco`.
by the first p-�rties to the second p..rty of Prrcel No. 1, the
second party hereby gives and grants to the first partie4 an
easement for itgress and egress on and across the' -easterly part;-
of t -ie parking lot on Parcel No. 1 for Via purpose of loading and.
unloading trucks onto Cie premises and property of the'first
parties, immediately c,djoining Parcel No. 1 to the east; .said
easeme=:t to exist so long as there is compliance by the owner:or-
owners of Parcel No. 2 with the reciprocal parking provision-s:*Prb=
inabove set forth.
As a further consideration by the second -. party. 'from.Aflie,
first parties of Parcel No. 1, the first parties, for themselves,;
their heirs, administrators and assigns, covenant and agree-tha,t
there will not be erected on the
West 150 feet of the East 1/2 of the
Northwest 1/,¢ of the Northwest 1/4 of the
Southeast 1/.4 of Section 23, Township 3
South, Range 69 fest of the 6th P.M.,
Jefferson County, Colorado,
any theatre, :Loving picture house or bowling alley, and that no
building constructed thereon will be used for any suoh purposes
for a period of 'if ty years after the date hereof.
The covenants and agreements herein contained shall be
covenants running with the land; and for a period of fifty (50)
years'from the date hereof sshn1..1 be biudiuU upon t'hm pwrEloe hate
i•,.,.tliclr..u,Qatii•vc'svcaraao:ay.:he:irs;:haatinis�;s:aLvs��s..tait}as3;�lis;- .
M No 152
provided, however, that should either of the parties hereto con-
vey away the above p;.rcels of land or any part thereof, then succi
party shall be releused Troia all oblig,tion to perform. std 11
;ability for non-performance of the agreements and covenants here
in contained, with respect to the land so conveyed; but their.
heirs, successors and assigns, so long E�s they recnain.owner.s•bf-'
said land or any part t:iereof, shzll, ciurieig said fifty-yeAr.'
period be subject to and shall remain bound by, the agreements
and covenants herein contained.
IN I!ITNESS IMEREOF, the first parties have hereunto set:
their hands and seals ;u -id the corporate name of* the second party
hereunto subscribed by .its yt�,__President, and the.corpbrate'-.
seal hereunto affixed, attested by its Secretary,''thz day and
year first above written.
`���i;t`i..
(SRAh)
ATTSST:
Sectary.
r.
61
First Parties.-
AILLEWS SUPER MARKETS, INC.,
gy E - 'a
i%� PCesident.
Second Party.
STATE OF'COLORADO
ss.
County of 9LIAXY151._
The forcgning, inAtrumpnt wy 4okna4ad4ed..beforg. p.a.
c»._...r._r .. ........._ .. .. ..,.•: :. .._� •.. •. .�; ..:^{..ter?-i� . -. ..-. - ... ""- -- -..
x� 152
provided, however, tnst should either of the p4rties hereto •con-
vey away the above pe.roels of land or any part thereof, then succi. -
party shall be rel_used from all oblig-ition to perform' and 11
-
ability for non-performance of tine agreements .,nd covenants here—
in contained, with respect to the land so conveyed; but their.
heirs, successors and assigns, so long �.s they remzin_owners-o:
said land or any part taercof, shr ll, durit g said fifty-year
period be subject to and shall remain bound by, the agreements.
and covenants herein contained.
Iiv F'ITWESS AMMOF, the first parties have hereunto' set
their hands and seals and the corporate name of' the second party
hereunto subscribed by its President, and the.corpbrate..
seal hereunto affixed, attested by its secretary,"thh day and
year first above written.
t
(SEAL)
ATTEST:
Sec--�p�ary.
(SISAL).
First Parties..
AILLEWS SUPER MARKETS., INC.,
IA! President.
Second Party.
STATS OF COLORADO
88.
County or sA., fn -
Th k. ed d b f
o . aroqu r� »s„rump_- vytj
F,
lh.. ..: �_-�-:+�9eit3e'--*rs: r.; .. .::.^'_'�-?- r�-;':..,^'..'��.'�T”%:.1?cx^hr-.Fs^.. ,..._:-^c--•^;-. s-:.--�—�: •�_._.-..."'?l�z-r.::ry :ea
HOOK
M No 153
this jRt_day of June, 1951, by :+LLEHTELB J. 'POLL•S9i:, LEONARD
W. TOLLhSOA and .LAWN V. LARLANGO.
fatness my hand un:? official .seal.
aty co.xaiasion eapireeILI
Ko y Public.
ST:,TE 0, COLOR,00,
ss.
4' County o!'p6pgzA?,t.d .
The foregoing instrument as acknowledged before me
tizis day of June, 1951, by -Ay 2 as
President and. JA��, �• /// as Secretary of
MILLER'S SUP'cii ::..:ciCw'PS, ii:C;, a corporation.
My not..rial cowaissior. expire/��_ L
Witness my hand and official weal.
LI
Notary Public.
�.0 y i• +,,,J t.�� { :,�r v• t 7yt tic ri7 /jf t« r
1 1(' g ,(1lt:
f ,.. 11• ;r}
..-
•
_• � 111 .} { �;:. P '1.'� ' • .'i.L , '�I : i� l � � l :!.^ r
i Ketorgad s!- „belOgt ._JM4 ' bNSF• �1 .rottc J }
...,:.,.. I `r Is
p r t Coeret •It
1,E
..«.
!;7ff
r try • v - 1.CO 4 and t>4 :[OO
�, rl i_._..__......—_.7_.._. BI VSD OT PUBLIC BZRVICE COMPANY OP COLORADO._.._r1- {�
•! Dpiltn, In toasidera at .hlrh.._hereby. pant onto said ComPan�, Its mcdmson ami the
^r'j and eatharily to eanetn2t, openls and atsiata n Ira eleeeriK Ir&nam,as on, dlttrltwtlos sad terr1 li,r~�wbap.r
�y'{7I [inn now or nuy 6eraatter sane Wb prgaerry 6nila described or other propah, witb all Polett cross army ,.
+� �;..:0 wires, gv'y nppotat, filatures and ie need or useful to ehe4operstlon of mid Itae, thrmdh at�d-aloug a as
v� said lint may be hereafter constructed ia, through. urn or scram Lot Busk
e.h Sybdirldon ...__
q i.the Of th0 ilEi1 - I:...t�f
of section Tom* t p_ 3. -eolith T„ Ronk �9,rroet of the_. r_a ..lprincipal mcAdias
t •� ,to the City t_.... ..... County a[.-_ Jeffe;epn State of Colorado, the a oaisuto center and
f(• l �f whlch right -of way is more particularly{ described as (allows:
7• ,. I ,
'c i_ ata int'on tbe_vestA,line of I Street vi.lch: int,• s ne 1 I "�
�• ), , : �A6-_....._...�.._.__.._..,._ ..UPS. w_.__..»._... �..____Tl. -
ftwt more or lead north or �WJAk'ae LUndreq.;a five. 25 _;4et mo
I- vett of the dottth"!q oo er.,of the N t ,lbs__„ o! __g 4f_§yc _ "'
rut _nd' a vent "six rapes...___._........
1].AO urate and a9emeAt fiY
_ e 1 trittlt' 2 nAdefiva+ th
oths $ -
aV itoi•th of aLd_ btmdred• seventy,_give out tb
µ eacbed centori3ne}.i EeBinnin6t..e poet trhich�, inn aao.�,• .-_ _[, i l!
9 .i.
m
_ �7 1..._...:. ..:........... 1� p.a .!��
o g -
i conduit Sine toffs trxansPoxmer� pad the B of Sec_ t_lon _ j �n_et qr
tunes thence orttr tveat 20 a f et r{a or less la an undo
r -•-
i
use N19 1 net. cruel I rq r'i btve oboe tier dpoe said
ins tmenrew qy, and the Nt I ••-- _......._-,..�: I
5 ; y truce reconttmct m.ink.{t� oyl�rate +petrol arid- r
h k to prrml4 the sttsehmmtlot •Minn of
. > Co opsay.,T'he drartot-reaervo _, the right (o tends te" ase and occupy Bald Premia" toe a Porpola, caudeteht with �'•,
sr ihq circ and prlrlletteR alrora granted and rihith willf not interfere with or endsager any o the israntearz ladlittee ,•
! d therela or use wareaf,l In rase of the petmenent abr4donmtot of add rlght oflway, all right, pd it and intmek
berchr#, ajed &haft end onto and determine.
I ?,Me &sash of insUISng mid tines shill be done with c" and all "e' to the premleea cab:aedllWeratirtditR'bs _�„-• •'-
! rape red at the VT as {{[ the Cmnmy:
We grant Is obleit to aaieling minnal leases cooerlaglinrpart of the jbove described land. I
Wltrtem _ 0 t.! itsand..P....And aniA....ebis...._ah.th._..........-Gay cif...-._Qq.t.m.Imi-_......... »....
1. _.�.: �►. 3;
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t s ht.! Denve ) I • fantet�a 1p&tium6et waa'se3m tjdgidJan ros th4i:
dgo(f?ctober ,Ig.61 bye AlblttIt B. .isbi1 f aV/ci-Pr' dull.;
arrttyr1 8: T. 6 e@ne Ass
Set�ant 5ec� ,t�!y� lof The Tif, Le p rant �t�o�opa}rty,
,-VI�`lrtata nor intWilda 4.; as: at i{ae a, Color Ado�c�rp'or�it;,
.t' `,, Yyasttemtmlaa rn ,� (� � ( r i � i•''t'�` ti
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W Yyb r.d dw�d .l pNlle pnVei c.�,, 1 1M fn,wt deer N tlr Cwt a I.
wF .dd T�+ aln•w d.w .n I.w, wd e r .M .a rrr fer mr.
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L aw d b�wria ¢e �ilf dµn b. b•.n e►e+• l w d.a.d •
TV n.dw F b"dq Tv—,w 1.r.q en ells IIr rld cmvdr r { Msiwtl .wPw R mbar a�tl.d ww w M.slnr oma': N b— I•'f_• y i
.� ' dr Y .MaJ Li e.r ii' Ij DAn.rm N.Nd Nriwe e✓ . hre.ei d sr M 1M ae.w.Y hmdn r�Mw W P'�af wJ'M+Iw ri WrY '� 3'
Y •� d .Le� e.. wd yaj 11a .iws. w'd,lM 6 w .a. W�� hor n.e.lAw.d-6i=r°Waro. tl.�e ppaP+n .WWW. ��••�••a��l I' Y y, Ja,
t.f.i'?r ar. W. de7w, sd s r� e.i C.MI..I^. tlr O•r.. i.11 M .rchW r a fer eNd prnbne,, '',*j��
• I lryiewar W b.i pr wrd.r Er d
i..0 I.d.d. m•4 d. trf.rd M tlw yea d q. "n ba aerne•bM r an AY rl W i �t"ti
• Y ,
'FYwr y�M. w rYlln dr .
lie��.A�:
sr.,Tk 0w if 00: }i.F..... ; _ ` ►dw.la� _ __.6r i_... ltL-T-•, i "1F
rpm VAwAiLi r+nt on, A. Tse '' Y • Ii {
jILE
wr
f f. #Y• '� �� c f'>'d�i.au�i'�.kr" �.r�i.:.�- r .1., .,�y4D' �a , � •. ��?a'��l,nT.•J�� +� y
3
- t. a -- f -- "1 - . • i '- - -%� _ _
' ' : ,. .• �'.�- ° Jl'^+ 1962'
oa �� • N.a v'd �, a {t 4�i $T NV.. NF5VTON, Rne`orden
dim—
�'� �'f`. •- • 3 SPEGI L WAARANfy'AEED
'`"` '.• +: THI-SYDE£D, de_[Sisa/� day of June`in the year of our
t• :.
.Lordiahe. rhousagSieige hundred andreixt-y=tuo, ber een'NATIONAL TEA
i antzed=_aha •e#1etYn Binder a b virtue A ttije
l .�: Po 4-l• !l: K fid',. V it-
? ' , :•.latae :af the.StateL of IIIinols,"j%1* the Alrsr rare, and fHK- jrITIE 6UARA�Y: > '
, -ae-
q fporatinn, 4a Truste••'undoe ir.usr- No17794$ as
- '-C6FIPANY, 'a Cot rado co �.•- -
paryy of.the.sdconit.3'?ttt7:
• - ''_-%imw.siETfi," chat ch- sa:•c. arto .if th ;,
r r first Fare, for and�.n'
�'Eonaldgrac�piw of [hit-l"n-1?7ei, !hAlars (SIO) and-other Knoll ads_ vdluab g
- • j - J "
L : ` .'•.�cvns`id4ation to the a aill'Pari v of ,the first Parr, •ir`hand pa.id_by-the'' - -
` saidpgi;ty-af the-se�hr•.d Far_ ,, the Ireeelpc Whereof is hereby dunfeased.
-
3nd vledged, hats xran�,rd, t+argaLned, sold, gonvev d and by these.
`'.�--••yre$ehtsr does Font __23Srxain.-ae:L,� convey-a0d confirm }into the Iiat,.-
n--' T i
• party gifRjEheF sec pari, t:• s:,cceesnrs and assigns _forever, Sll�the Ei�l=• -
• @ ing •dt'scrlbed parCr;.,d+t j.wn•1, sl;[•JorG, lying and l+ei:ip, fn• the County _
_ e
df Je.ffdrsdn end*State of
In
•''1'be PU h tryr'AKfi'fths .uf It11r East one-half of the 41eat d
-'r•_ f _ fie�glf of.,[he Notthweat--pne-quarter of this-NOT hveac f
e-quart. the•aoutheaet,Qne-quarter°of:Sec;loh 23,
= _ Tyvnahip ut-h- kapitr b9� West, CoieoCy of Jef£eraan,
�9 � iState oC loradci.4
- •. i• - •' _ - E{ ,
'' �.Siib{eeiC to.: Ceneref real, estate caidR-for the-se on
d'thatiLlmelitof; til
- - - _ -year 4961 slid •ITr subsequent pears;l any rltk or isseiigment for water or 1
`�-•- iever _4e1•vice; rights-°of .•the public
yty*in the Worth 30 feet of the above-
deagdi -ea.. f-Sn--'us4 aB;,Wa tb Avenue"; liability and Obligatiormi
r :as 1m gaad, :reason :o:f iucluefopfi
r r"Whestr�(dgE Fire f{otectidn• Dislrr�ct
i • • Azad:: aEri¢ge 1JnEer District ; copi9 anis, aonfng ordltiaPce0; Moffat
1 '1'diiwiis=.Ifnpr4vgmarit_Diatrijt•Assees,&rw s far 1962 and aubaequeiit years,
•suy,:.^spec-dar.taxie and asecasmawk vhe;her.aaseesed or not if.any; e'
'::jihy• ata Ah= frac'_ t_s atl.�accur ate survt4y away ahov, - -
- - 1. - Y - 1
To$pther'-witb.at) --and airgylar,the herediEamenta and appurtenap os-
thereunto belpnging, -on to 'anywise -$ppeirtairiing,- 9nd�che- rdversign and- `
•revessiggs„ .remainder and remainder#; rents„_issuea end profits thereof; -
•a--.. ..'.-and q11 the estate, X-tght,'_citle, iucerest, claim_and der�iand whatsoever,i
+._�i":`• ="pf'ehe'said 'party 'of tfie •fx'rst part, erther to-iev'or"equity,:of, 'Irian d
-to'ttie above- bargained-;:,temie.es, with the hCreditamenfs- and appurcedanCe
• J�"•�. "end to ether with elf thr ri h[, t. tle and-x-terpst. Li any;, o'f at dnel
g_- E g - N , 1.
-
Tel 00:..)i owner of tlk -,.-;ertv..iestri{ped 4bnetsatn tn,aG4 tv a,cartainj_-
e0emen't .fni Z;ivewa-:,. iat•:. Su-'e H. 051. rcenrdc.-s-.Dune 21,_193L, is-
DocUiaent- Nu, 50542•,- in $t-,rk :.. rage .54 ,1 ihn re=curds' it: Jeffer-son -� -
t. ---GonZty, ColorpJ,;,, rr i ,::r• Noi-C.-J-.- lent ,: cm-+noacr. r o-fifths at the '
'
-West one'-hsl? ai t•,e Nnrrhwtr .• _j..arie.r .1 Chr NprthWeat ane-jOarter
oi:=ho So_uthcAst 44arre: �:•Z la-cc ion.2! ,, ToOnshiy: 7 So6th,.11ange-�64 West
:of the' SiO4 Pr-ineipyI >k * ;.it .n xcapt the Vrs_: 40 'lent thereof, lying- in .
-' dads-_b Ch Bd_ulev¢
', gr. --•� TU RAVE AN11 TU NOLti r. v41r. premises anova-nargained and desor bed
-with the appurtenances, ::;ca T :L"iYti._CUARARrY CO AM a Colorado car-
po r.a
ar-porn tion, as-Trustab, ,anAx Tr•.ast h•}, •177945 the said:paxty of-the_ aecp d�• -
:,pirrt,:.its ;euccesso s aut. Rss tans ':rc•;n- Che trnass •a i¢ far rhe uses wild_ pu --+
ppjas,SF4r� 4ruat apeawent,_ 1 ;--
.i ti .
..e'_
- - - Fhis conveyancr•Is made he Grantot and accepted bx dr”
subject. ,to and upon_ condl.Llon that- oeither Crantie, Iror •its beneficdsty 1
- - :• pi: he mficiaries,- aucl_ces.orFe and aai igne; nor their resppct.ivR. benefi, ;� y %ti
tienelficiarlea ,-auckessorp qr ass gas will use or'lease the above prop riy '
or any'bihldlt�g- to._lta;,etectea _tp wjor a reta-!l food seore as long as
' .• ' •`'NATIOIfALiTE11"CO.,: fts: sliceessgrs'or assigns-o�rarate a-retai-l-food store c�n' _
the Yblloaing deserilipd property:
'• ,•The Whitenerhalf of the Northeadt one-qukrter of the Nor�hweat
r ' '• oirg-�uar�et;of the-SoutjrLast-ane-qua-ter of •Sgptipn {i3,,lown-
OLP 7 South'; gatij(e.69 West of the.6th Prltuipal lieeidian,
`JRffarsoYt County, Colaradol axpept,the North thirty._fspt there- ,
'4f,-except the-- East. twenty }five_ Pees _thereof; and .a�icept the;, ,
h`ast pn8 hunfirad twenty=fi .e feet of.t North one hundred" + '.
- - - =- ;StLZt� FE6t.therQof: -
54
i.d"-the East one -halt: of tb-'NorthweEt one�qunrter o£ :Che.'
:Nort}tweat oea gti er'bE the Sourbeast•onte q- rter:of said.
Ctien ��; eilcept the North'thi;ty feet: thereof;
'Afid-.'the NaICW -shiny- five'feet {df -the South -tw9-fi,Etha oL•
tle West ®rte»half,bf the ]torthwas[ one -quart
er of the_'
" :Nartbwegt-ogei-gogiter of•, he Southeast ops-quer ter .of -
:,
said Seet�op '1-3, exeept- t e WedE .fdrCy-E@et theroof� alk -
!_:.'
�'_•:.'�•:' _.:+-.}'_-: •..:;..in Jefferadn County-, }tate of Colorado _ _ _ _ _ _ '.. - .-•
'ifiia.coyehaht shall run_witL th,F lhpc3.
• . t '�' '
And'the said parryof chr: first par C. for ftioif and its suecesabrse
.covenants an& rXrees •co .and With che'aaxd party of-thr;stcond pa ft, its-•• ..
auccess.6rs-and aseivris, the aboveliargainr3-1,re•N4se.a in'rhe quiet and--' -- -
-peaceable pdssession of- the:sa r! party of cht, secone parr, ica;§uceessars-•
and as
sign against all and every person or peisos .iawfully ciaimirig,
to_ -c leim the whole-oi,gnv part thereof, by,'thro h or•urder ebe said:
• party aftha- first parr„ to NARRA19T AND FOREVES=DEFEND, - - - i•
NTPNESS WHEREOF; The said party of -the first :part -bag _Cdus . - -
•�E-_ a=- - -ius coipoiata name to be hereunto, subscribed by its, 11r-edident;-and ste. -
corporate• sesl.to be hereunto alfixed, attested b LtG Secre_razy,,the-a•ay_
_ '-- - 'and •year `first above
"fii•'.' _�'� .p-it•E'-,`' '-fit._ ;' ' NATIONAL`TEA CO; i _ •' __
7.
a Cary''• +
8UTE'OR-ILLIW19' Z:�
`Tile-_fo're89$ug-ipstrument 1wsp -a cknovjeliged,before "me. thla--d_ay
sof4Juiiej96��'.b N. Ak,9te el-tbn,- P eaideit.and.l� T; Fbr"an; JrT
} y . p. g:. a Secretary
TNA`09. • _ l -_`
MESS -my bei}d-and-•offi inR.se4v.-
•�:: _ o:, ,;v�:; ,tti�y;;hh •_e1-':.+Yt�yY3 - _ _ ,tit SJN�`• -e2j _ _
i!h6-.:rfitct, �o j j •' r Noka Public
PARTIES
LOCATION
t
"JIM
i
1
I AUTOMAIK
IXTINSIOM{
t
Vttge Avecment
1
(Short Form) g
� 1
9bilf 3Ilbtnturt of made the.. }st_„_day of. Fnblvapy__'_., ]9.6T, by ofd 9t
i
rleage,
Loz a�$dllltii€R°�le, p1a�......
_inn"vnr€ ...I——
party or the fiat part, hereinafter called the Lesae r, and...
.._..�...._._ . _.. ...... ._....... _... _......... an.Illirwla... _.... .... ..... ...........•__f orporalion
party of the second part, hereinafter called lessee.
I
Witnestirty: 'rhat the !,jr. boning iu)l authority to make the sureementa here.
i
j
lnafter art forth, for ami in covilderatian of the covenants and agreements herein
mentioned, to he krill and performed by both parties hereto, demises t.nd leaves to the
l,esaee the premises located act in.Hadavarthe.Shopping.CsnLsr_Z%-,t..Qf..the-SEC_
of Wadsworth Blvd, and 44th St., HFleatridget, Colorado
............... ..........._------_....__..................... ........... .......................... ..... ..... ..
Ictrelly described as:
r
Sae Schedule 2 attached hereto • IV
' V
(J
N
C
O
!
J
1
ley CA
The premise, d•mie,.i , .der ghie 1 -tau he.- u of paved, lighted, dram�d atrlped
�• on Plot_L'L
D !l
parkmg tat j -y an—eg iar the perking at ..._Z4P ._—
I
p!oys. Soo al,rrored plat plan "A” bawl"X hultd•
mobile. by 1,-,. tc, r :etnmere, areata av! arrae
p
Ina .ml parking lot -e- which ix attoehed hereto and. made . part hamef. Said parking lot to be
u.ud m etut)uneli,a with other ruet�,nier, ,d tbn Lreetw to Lhia Jurulupmunl, if ar, std Lessor to
lntaln ligh d remo �e from 11 parkinG .r a., with partial. rsilnbursess nt of
.xpana6s t�tarecn )';ros ietiase. n
+II
Mo )OAtie anti to 7t)olbuu n term crave the 18t. day of._ Novamber_. , to 67
t
until thelaat day "f octobor , 1':82. o•tth n•ri.in ext rnrfon providvm, at reatels tied
1
upon the Lena., randnlnnn, ng„ •m,•nr. no,l c,• nen:• a.• are more .p-Hleafy act forth In that eertatn
indenture 1 I—e •4 n date her, wi:h br and L•aw ern the rnrtkn hereto mfemnee to whkk Inden.
titre !_ hash, era:,- e,r th•• -i—.t.. ^end!!i^rte, ecmeme.es and "mart,
••ni: whmh I, Ih,• at . ,•.. of t!,o I,•,.,,,r that .! Inn each teem ear any exlandon thereof nalther
!
a. .•
1 r lo • vthy benne . i Inten•n: i t the rn pray herein win rent tray property
.
i
rte ear 1v ,.ifterrruwm+I ��. ,..n rolled 1•I• ,r lennel to there fur u retail food acrd graeeV .tore
,r perm l' any such rr"r••rq 11, I.,• ,rple,l far aoeh use ....pt th.agehO�creen"t dull set apply
Ito'
to any uronrrty new n,. n+•,1 .,r w any pruperrr I,nnted more than S from the peari
pn,rt hm I, made In • std m•I••ntare fee n,Wn rcmedle. In the event Ihl. p—Man 1. brteab.&
The r rrro••• vI thi• f-t—eet I• to tine nvtke of the exiatrnee of the iesaney created hereby
and ay raid Lndrnturr, anal or rhe ad•tenw of .ash mdrnturn whish, totetber with this fiot"nwat, eorp•
.f Mule, the ngrrrnvnt L.f w...,. the parties hl - W.
of tan years and than
I
The 1 .•a,+,r an the Len,.•.. for ons period
gree that thin I.nnr hall automatically extan� for.__ five__.___
per of five yrara ,•ash an .hal titer the eamplation of the original t...,t UPON !M
i
•time term• and cen�l itluna avid at the .ume ramal Be in the original term of this Irate: pre 14e4 bcn •
1
.•:'vr, that I,enree .hull hove the right .ml privilege of rnnealllna thlr Iroe at theesti yf the original
term or at the end of any ealended p,•riod upon Lease giving to 1m or at leul._.1.8.0. —Jay.
not" of aoeh caru•ellation prtor thereta and thereupon all sucteWIng ei4tulone shall ba IaepKa°ee
.nal of to IT. and NMKL
WITNPSa WIIEHF.OF, tekl 1—, and Leese have duly esmenad tial has aAtied their
.Jffmtur seats to thts base an the day end year neat abort writhe.
p
+�........................................
I............
F ATIM:
Il.. .......
1
woa97:' F
lana
1950 334
This lease is executed by Transamerica Title Insurance Company of
Colorado not personally but as trustee as aforesaid in the exercise
of the power and authority conferred upon and vested in such trustee
and it is expressly understood and agreed that nothing herein con-
tained shall be construed as creating any liability upon the said
lessor personally to comply with and perform the covenants and
agreements contained in this lease. It is expressly agreed that
each of the provisions hereof shall constitute a condition and not
a covenant or agreement regardless of whether the same may be couched
in language of covenant or agreement and all such liability is hereby
expressly waived by the lessee and the lessee shall look solely to the
beneficiaries under said Trust for the performance of the covenants,
conditions and agreements contained in this lease.
IN WITNESS WHEREOF, said Lessor and Lessee have duly executed and
have affixed their signatures and seals to this lease on the day and year
first above written.
i
I
-2- i
1350 33.1
I
I
Additional
terms and conditions of the Lease include, but are not
limited to, paragraphs Twenty-first and Twenty-sixth, as follows:
1 OPTION
TWENTY FIRST: The parties hereto agree that, in the
TO
event the Lessor or its successor does not complete
PURCHASE
construction of a minimum of 18,000 square feet of
additional store area (including an enclosed air con-
ditioned sidewalk) on Tract B within 24 months from
November 1, 1967 under this lease as provided for in
Article Twentieth hereinabove, then in that event the
Lessee shall have the option within 3 months after the
aforesaid 24 month period to purchase the property
designated Tract B and Tract C on Plot Plan A attached
hereto Far the aum of $100,000.00, plus the depreciated
book value of the actual cost price up to a maximum of
$60,000.00 of the "Tire, Battery and Accessary Building"
which may be constructed by Lessor on Tract "B". The
aforesaid option to purchase may be exercised by the
Lessee's giving written notice during the option period
to the Lessor of its intention to exercise said option.
LESSOR'S
TWENTY SIXTH: The Lessor warrants and represents that
REPRESEN-
he has lawful title, subject to easements and restrictions
TATION OF
of record, to the parcels of land designated as Tract B
Old"ERSHIF
and Tract C on the attached Plot Plnn A. The parties
hereto agree Lhett in the event Lhe Lessee exercises its
option in accordance with the provisions of Article
Twenty First hereinabove, then the rents herein reserved
shall be abated from the first day of the 27th month after
the date of November 1, 1967 until merchantable title is
conveyed by the Lessor to the Lessee. The amount of
rent whichshall be abated, in accordance with the afore-
said provisions regarding the abatement of rent, is the
amount agreed to and fixed as thr liquidated damages for
such breach of contract.
This lease is executed by Transamerica Title Insurance Company of
Colorado not personally but as trustee as aforesaid in the exercise
of the power and authority conferred upon and vested in such trustee
and it is expressly understood and agreed that nothing herein con-
tained shall be construed as creating any liability upon the said
lessor personally to comply with and perform the covenants and
agreements contained in this lease. It is expressly agreed that
each of the provisions hereof shall constitute a condition and not
a covenant or agreement regardless of whether the same may be couched
in language of covenant or agreement and all such liability is hereby
expressly waived by the lessee and the lessee shall look solely to the
beneficiaries under said Trust for the performance of the covenants,
conditions and agreements contained in this lease.
IN WITNESS WHEREOF, said Lessor and Lessee have duly executed and
have affixed their signatures and seals to this lease on the day and year
first above written.
i
I
-2- i
1350 33.1
I
I
ATTEST:
By L
Secretary
WITNESS FOR LESSEE:
I
1850 315
NATIONAL TEA CO.
By -
Presiden .�yio.�s. an.C7 Jr;: •� " `
L E S S E E T��7 �l,rr.7- f
TRANSAMERICA TITLE INSURANCE
COMPANY OF COLORADO, not personally,
but as Trustee as aforesaid
By
Its , Y1c,, /w r
WITNESS FOR LESSOR: t
ATTEST:i-
i
Its r, ..t• ,•.�. t-w;ao,. ,;�:;'•:
�_� _ ��--- — �• .� ' .� � ' ..,fie � •. i
L E S S 0 R '•�•r', Yr• i
STATE OF ILLINOIS ••vr ••
nnu„ ,e••a
COUNTY OF COOK
BEFORE Z%E, the undersigned Notary Public, duly commissioned and
qualified in and for said County and State, personally came. and appeared
` ✓ - _ r'�.. and to me
known, who declared and acknowledged to me, Notary, that they are the
President and Secretary ,
of National Tea Co., an Illinois corporation, that as such duly authorized
officers, by and with the authority of the Board of Directors of said
corporation, have signed and executed the foregoing instrument as the
free and voluntary act and deed of said corporation, and for the objects '
i
and purposes therein set forth.
IN WITNESS.WHEREOF, I have as my hand and oflfbo this I
the 4766 day of " 19"
�:r•�Y�iT BEk1`:': Notary ,
,
My cc -mission expires �10n j
_3_ 1950 335 ,
1950 ' 33S
i
�II
STATE OF COLORADO
COUNTY OF nENHER
BEFORE ME, the undersigned Notary Public, duly commissioned and
qualified in and for said County and State, personally came and appeared
Raymond O. Hagerty and Irma I. Sparks , to me known,
who declared and acknowledged to me, Notary, that they are the Vice
President and Assistant Secretary of Transamerica Title Insurance
Company of Colorado, as Colorado corporation, that as such duly
authorized officers, by and with the authority of the Board of Directors
of said corporation, have signed and executed the foregoing instrument
as the free and voluntary act and deed of said corporation, as Trustee as
aforesaid, and for the objects and purposes therein set forth.
IN WITNESS WHEREOF, I have set my hand and official seal on this
the 20th day of TUNE , 1967.
r
Notary Public
My Coff^ission expires July 2, 1969
I
1
1
1950 336
F
i
1950 337
SCHEDULE I
of Lease dated February 1, 1967 between Transamerica Title Insurance Company,
as Trustee, under Trnst No. 166,720 and National Tea Co,
That part of the building identified as National Tea outlined by diagonal
markings on the attached plot plan of the Wadsworth Shopping Center, marked
Plot Plan A, comprising an area of 150 x 160 feet, together with a nonexclusive
right to use and enjoy for its agents, servants, employees, customers, and
invitees, all cocmon areas on Plot Plan A attached hereto, including but not
by w:iy of limitation: parking arena, drives, walks, entrances and ramps.
The entire property represented on Plot Plan A (of which the demised
premiiaes form a part) is legally described as follwa:
The West half of the Northeast Quarter of the Northwest
Qti"ter of the Southeast Quarter of Section 23, in
Twnship 3 South and Range 69 West of the Sixth Principal
Meridian, in Jefferson County, Colorado, except the North
Thirty Feet, in use as West Forty -Fourth Avenue, except
the East Twenty-five Feet, in use an Upham Street, and
except the East 125 feet of the North One Hundred Thirty
Feet thereof;
ALSO
The East 11nlf of the Northwest Quarter or the Northwest
Quarter of the Southeast Quarter of Section 23, Township 3
Srmth and Rnnge 69 West of the Sixth Principal Meridian,
in Jefferson County, Colorado, except the North Thirty Feet,
in use as West Forty -Fourth Avenue.
ALSO
The North Thirty-five feet of the South Two-fifths of the
West Half of the Northwest Quarter of the Northwest Quarter
of the Southeast Quarter of Section 23, in Township 3 Suuth
and Range 59 West of the Sixth Principal Meridian, in
Jefferson County, Colorado, except the West Forty feet
thereof, that Lie in Wadsworth Boulevard.
I
1
t
1950 337
W.
:sti �3r: - - g .ae•,^t:. i .';p:tea; ,+: n•-j,Y 'a:rvfP?g. Jft1W +,� r,°. - 1' :n .-•: •.ri ;,
- l..w ' t r`.• .", A:,f+.•-..H =..:.- :F �• ->4 �+J. ;C a}.,:«'!y�tYi'•k +t ^� t 7; u:..
::.yi.,-, ��r.t,,::•�.s;r :,,tt'..�'y:'•�w.'-,-d'w+ert{,o:.�.•"�' .,2•`. ��,i`"-;:�..'��- n 4�r��a
ti=1-.V .:^.. C!.:r.� ,f N:. r . .R3Lhsse✓i�ta"4it'!f••'f..Kl• ]yt�yc S•i^ • `
.r.a��3�."�` •- :.}j; ;a+�l,'.�•q;:.;s, t.e'• t:�•aei.�v+art4..:�i..,�>.aeta4.1•. "`"' �.� � �'•, ... _.
daa,,x,.z_..f..4T:,;,�G•'y.`•,,•.��;.�,rr r�.i=:lepy'•yl'kv-+�..v: CeFL: ye "KTNaY'.
c_y
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i 'r.jrr. • 7•t.-• U•at thz .k.1. of Lfw :i.H. '.; of the S.FC _ of Ucc. ?3 11% ttp ! S and !
I;1�0h 1+rim: ip•Il Wridinn. 1n jrfforuon County. Color, 'f o, except thn \. 3J 1
,.i t., 'ea o•.r n; L'. Bhn. A--. v%cvrr lite fnst 25 ft. In uao an 1'phan Strca•t, awl 'encrpt'Ile• East �
o'r' 110-! ;:orrh oil- hu.wlrad thirty foot thrtonf.
7raer p.• ::is 1:. 'i of. Oho N.W. -',' nt -vita• H.W. ; of the S.S. 1• of Sect. 22, to Wrt. .1 $1 and - -
-' ^aa^a h7 N. o% elm Flkrh vrfn. areidlan "in Jefferson Countv.� Colorado, except vile H. .thirty ,
G
fei• i , :n uao as V. Mith At,.
rr^.ct C. The H. 'i5 ft, of rho S. wo-t'ifthe of•tho H. !s of the HU}.of the N.U. of tha S.B.i �, .•
In Tilp 1 Soutia and Rml�e SLx
F9 If, of. Lite tle Principal Meridian. In ;Nbw
1i»t/ - -
nn:,�v, Colorado, exeapt LIM X- forty thereof, that Iiia !n'11+ulsvorth biNi.
GJi10 �•- -�
_ - - _ __ - __ - _ _ -:tin.Mi'.•:fnAv."•JL-.4•�,'w•d}Y:`.:._�L .Yue::���_
- •w "`'sit ct'•':'-}'ate' y x. 6'v:.:s.''.Oi;'•,:.«lCao:a_c:a�•�.�!r:1n,�:I�,i;iiv- .:. - - -- -_
L:
JN1
THIS T)MIARATION eluted July 27, L967, b%,
TRANSAMERICA JN_,1jRj,.NCE COKPANY OF. COLORADO, not.
personally ixu L .I:, J't Li!: L E'1' Lit, pj.-,)V 2 1, ,Is u
Tru.;I, Agru,,mc-ni- claLcd 1-Lirch 1961 -incl known af: Tru:;V
j,
Ko. 11)6770, ;L!, m 9",:r -or,
("o I ,irzolo ; ;111d
MIE'RE-AS, Transawcr' :;i Ti fl- Insi;vancc,, Com-pany
F rm' ' nundo
o r Tract A (1—re i ij;- 't -,,r
is tll(- L L L I Clio i�d( r I
recorrod to ;If,' C
f-0 as "Tr'1C.!: it -ell)
Jegn L Ly described on A, nt v;iChcd.
1jy lill S rc CQ re i ic c- m.1 J c :1 1):] T' t I Q17 C.' 1.1 W11 1 C 11 property
y
lov;lcod easL oi, 1.114, ::!,I:l
It St r"(,( Whc;itr. L,(j;nrndo (herv-
WHERE 'A ;, 'l)-;wL A js ;Ilp.)(,L to be, improved and
Tract 13-C !." Co hr i.11[j))_0VVd ;11. .1 I.nLer (1,ite; rind
WHIEREAS. TracL A and TrncL E—C, imy i1ni. !-jrt!-
mort"'aged to common irL' -
aftur bewnc'd by or ; and
W'117'-�'REAS, TiLte Inmir:mco Gonipany
of Colorado clesirw; to esLablish easements, c.arrictinns
and obligations ns between Tract A as one parcel, and
Tract B -C as anoLhcr parcel.
NOW, TlIMFURE, IT v> AwJEED IN ViElvi OT '1;r:
FORECMING, AND IN CONS-U)JERATION OF TFIE COVENANTS
MPICJ�ARATWNS HER11,L141 CONTAINIM), A,,, YOUMS:
I. 01W1 N E R , "he Term %%,rmc.r" as used herein
shall rcfer to '1'rctnsiiworivn Til` 1v Insurance Company of
Colorado -bi which, t-11 I,, t?) Ti'nri" A and Trnrf- 11-r is,
oUW VL'S Litt ;111E] ill LIC Ct.,,:: Or. ;1:; "3if,.i r :!: I 1-c'
and a] 1, ,lubsc�queiiu ownors of the s.nid premises and all.
;)':rsokls Claiming undcr ti -cm.
2. PURPOSE. That the purpose of this Declorn-
fion is Lo creoto and crtnb1Js,[i ri gencral. plan for the
repair and maintenance of Lmprovvwents of Tract A and
Tract B -C as a shopping center.
3. 17'4SEMENT AREA. Thot the Owner of Tract A
8-,u to Litt, awo,r of Tracts B -C and tric Owner of Tract
B -C gives to 1 -ho Owner of Tract A and to thrir respective
1r,tinills, "Ind 1.11c clitA,wier:j, nr7'! et'lplo.vc^s n(14,110
I Ito Inii-x
ec r t'n u,e , in romrinn, the
12'-S
, wo, k, -l- , -.I r, ,•!'.- ic.) I S I P! 1) 0 Ut It'(. I ;m d ccnneO, 1 01114
with Lha' I, mi: I alon,uTcr . J -, 1!W'0, i hm ilm! )--'Jvl i r
Lhc]-uot , 0, (1 L t,.o rl t 1111 - � , f --wL, I Y k) I the U0111 or
(hurt L!:,l El cr ::()Ill( L r�rtz (ol I cct ; ve iY 1-,Acrr"d to ;is Lhe
"Easumenr Aroo")' Arca is portrayed on
A�tnchmr--nr- A rts !l—.,i ( 1, i ;I the dashed I i.m.
shown cher(I'll),
NTENANU. That Llic Chm.cr of Tracr. A
Aw- 4. WO
nild L:I-LL' Ownor of Tract T,'-(' shall. I -Cep wC11.
Irl inLa bled '121<1 in t.,,00d rol -iij' i irk ],',I u,.- I I L A L 1 situated
on itn, preinLut's and sivill ke-op such 0I --s
wo y s I-- r 1 p to,! z: 1 :7 c v , u1 -1 , rklb-
;I i Hk MILI te'L 1 JI-1fjt-vcry I! a:--Lirc and provIdt..
ilLIC(ILML-C andLh( rc,oil . pnrki'„8
vi -ens and r1jThL-0f-way cii bol.h r--(,P.lL.qus nle(IL it
-rr,--k-n
and nf: In.r.; ..ha 1. 11 , 'r—.1-0 or
licrill-iLt—I Llpoll prvnllsc!' wIlf0i wf I I in nny tarty,
I.-01- .- WLO, :any Itgrevoic-lic.
,.TI-1131111)' 0( Vhtl tll.Uk ill', miki Lit,: %Ii-i.V(.-W;fYh F.hOtLjd
not be ehangvd by cit:h;n. Owner wi L kou L the consent, in
wri-ting, of th& otlF,Lr Owl -ii r.
WADS1401,"I'll Alfl.,MTP- A C (7 F, q S . Thnt tho Dwl-mr
:)f 'I A ;I non-exclus M.-
vask,mullt- for r Igilt -1)f for illgrc.ss 111,1 vj;rv:iz; U) and
Wadsworth Avemit. over f t. : 3
n d across Tl-.-.ic:(- C. Tract C
shall be maintained as a rmidway and .,71'13! h.- hard -surfaced
with either Concrete or, black -Lop.
6. INS URANCE. That the Owner of Tract A and
the Owner of Trilct B sholl hcreqft,,r keep in force
with a responsible Lnsurazricv company or companic-6 a
policy or policies of Imblfc liability insurance naillim”
both the Gwnov of T, -act A and tPiwint's thui.r.,on, aniT the
0,,,7ncr of Tract B -C, nncT [01',,IrtS i.11CILIdin,Iny
benefici.ql interest thereunder, for coverage of the Ease-
ment Are8s. ;Che ril" pnTiJAc liabi.liLy insurnnt•L'
101n) I h'il?(' I inti Ls 01- JfnbilLtv in the amount
of not a 130112+-; L ) 000 00
less One PunLlred Thousan]($ Of , . )
Cor bodily injury to any one person; in the amount: of
not less than Three Iluadrcd Thousand Dollers ($300,000.00)
for hodily it -Jury occurring in any one accident; and in
the amount of not less than Fifty Thousand Dollars
($50,000.00) for prope-rLy damage. A renewal policy shall
be provided not l -,-ss than ten (10) days prior t:o t4 ex-
piration of any such policy. A certified copy of each
ori.rizmii- pol icy or a uerti Cil of the insurer i:evidcncing
the insuranco ran-iPd sh.iLl be deposited by the Owner of
Tract A with the Uwacmr oC '..'tact B-7 an 'Jw, Owner Of Tract
B -C with the Owner of Traci; A.
7. r AT 1 1:71 (IlU (1VCLlL the common
;ir,•o ut.1-1 1L.,, '-:l W! hi' ::L%jW:'ili--:1-,' 114-( rred J.or Tract
A and Tract D -G, Lho 01411vl- nP Tr;ict A she ll pay ['orty-Five
per cent of 'h" I -C.1 ilLi I Lty COl; j. , and Lile
- 2 -
Ownvi: or Tract R -C SN -111 1 rjoy r! "ty-livu [)�r C(.11t
of said utility cosL. All nthr,, 11'asnnicot ArLn -ost-s
shall, he paid by the respective Owner. A real (I.staLc
tax and statriucjit shalt 1)b provLd(ad for'Tract
A, and a real estate tax asscssmenL and stnLvricnt for
Tract 13-C and encu wivIr iJjoll hu respon:7 '10, c for Nil,
respective real es Late tax :and assessment oh I i Pation,
The rust of :4,;,i lit -y i�suranr,-- i�-- vi(Iled for in
Article 6 above sh.,311. he borne by the Cjwrci-- iii propor-
tion to the arca of ront;;bl., retail cr conwiczcial spacv
located On cosh rosrectivu Tract.
8. AtI1;MIjII,W1S . IL1,1L IIL zv5poeri.. r", -,C -ZS
of Tract A nnel Tract •i -C !r;lv roi a---! nr L,-rminato this
Agrcornnf- without UIV C-XJreSS wrRl.-n or any
holdurji of Fi,r:;L lixil, fit -;.t: -'U'll deeds of
COVVI
noud not 1- Lo or LIJ)t>170VC-d 11,%F ally IA':,F',PtI Or
L)[ C,.(, Center. Any nvc.mpL to :11ilvild o-
A,,;rL-C',uVnL without' thc con.senLs
shall br, null and void.
9. TERM. Th;.:., Agreement shall continue for
tLoamcC ffLty (50) yenr,,; rrom tho data ht,rool nr
until :ja prov:fdcd Lr) ArLi-cln 8 ahnvo.
10, CO'' NT . Th,!t tho hLrrhv
created, tine restrictions hereby imposed, and the angruc-
monts herein contained shall be easements, reSLriCtiOnS
and covenants running with the land and shall inure to
the benefit of, and be binding upon, the undersigned, its
respective heirs, succossors and assigns, including, but
without limitation, all subsequent Onw-nors and wortgnpees
of Tract- A and- of Tract B -r and all persons clnji:aing Lui0er.
them.
11, DEVA LVYS . khat each Ownc,,r has the right,
wiLhoul, J;It'.1 to Or 1,110 part
of any Owner and Ti -le pa-ly r ur ing such elefollIts shall
Lave a lien over the defaulting Owner's property interest
fox any amounts expended to cure a default, such lion to
be subordinate to any first mortgage or first lien need
of trust On the d0faLdted Tract. The right to cure de-
faults includes injunctive rcriedies as Well as rights to
expend money for the cost and vxpenses of any suits, in-
cJuding reasonabIr aLLoriiey ieLs, w,!Z:IL7L s; --.K jjcr cent (691)
inernsL thr-,rcon, as -Ry be aSSC-SSVCI the d*-fatlit-
ing Owner.
12. TRUSUE. This Declaration of Easement is
executed by Trans,,.imej:j.cl TUAe. Tr'surance r"Cinpaly of Colorado,
not, Por Soil' IA y but as Tru!.i:t�o ns aforesaid in the exercise
Such Trustee eind 'lnrporativn hr:reby warrant.,; tial:
it poqsc-S.Ses full power and nuthoriLy to execute this instru-
ment and it is cxI)j:C-;!;iy unclerstood ind a.grued that nothing
- i -
128,
I L''17C L. ••„_. h+,• co lr B l'r n( -[! A C 2;t t i. n;; uny 1 int) i 1.i 1:y on
L I I C s'11 d C1Lrorp01. ati 011 1>1 -rS0;:. "c Ly :,u per `'c^. -m thc,
and conditions or pay :lily inueiAcdocss ac•cruLnl; here-
ol�-I, r, or Lo pL•Irnt-rti •Iny :ovonanl' Lci.liaa•r c•xpre:;s or
irirltrcl hcri,In !:;;nl.;t1nod (it huinl; unde,rr.Lon!i ,Incl ngreud
that each ol= thr u:-n•ai.!;inns hvrcof, excepL the c•:nrrnnty
hereinabove contained in thl.s execution clause, shall
constiLttt,- a condition and not a covenanL or ,igroeircint,
;brcfl.ess of whcLlu:f Luc n+autt uay h'- roltched Ln lanslll'l a,
of a promit;o nr covenant or ay,rcemrnC) all Much linbilit.v,
ii' ;iny, hero); exprssly ea iv L! by e.—ery person now or
Izcrc•:ftcr Claiminr, any rL ht or—cnrity hcrennder, and
thyc SJ fG:' .,. th.. (3wnnr anrd it •,U,cC-.Ss alto titli!.l
Corporation, porsunoliy arc c•nnccriind, nny o,orr,valrco ;—d
th VVil1 — 0WnL-1ti of ;lily Ln(l01-L-dlK'S!i cit; L1, ttl fM1f f••.'L•-
undor that 1001: r,OlcJy to '-11 hr.,rni.sos I)Q..rby convt•ycd
nn(! '!, r,—riS,tu•v anri !trc!r:i-CS thoreof, for the i%ayment
Lhcrcvf, by Lhv • nfor•cemcnt of HIv .lien hureny created.
1N WVI'N1,*SS W11t R1.OF, Tr:!nfi;:rn!; .'i!. T:tic- ol.'Urance
Company of Color'•ldo not personally but as Trustee as afore -
aid hat; CXCCUtflfi this Declnrat:ion of En-,3vincat on the
28th _ day of July, 1967.
TRANSAME'R1CA TITLF 1\:SURANCE COMPANY
OF COLORADO
not personnMy, hut- .a • Tr.ustcc,
rr� mores. i�*•
ATTEST:
_- -
NlVice Proc'idNr:t
Assis0nt Secrc:imy
STAT•% ill” COLORADO )
ss.
CITY AND C01iNTY OF DENVRR )
T!:= foregoing instrument was acknowledged before
me this 2801 .day of ,July, 1967, by Raymond O. Tiaoerty
__ as Vice President of. Transamerica
Title Insurance Company of Colorado, a Colorado corporation,
as Trustee.
v
Witness my hand and official seal.
i
My COMM 9131.0o t >tpLrc's . July 2, 1969
Notary Public'
I [i:;c, 1 N,C)
',TT;,C1('711NT A
a^—
366.J' — ' 13S"I— RR9.3'
r
_-.-........ �✓gS+dLY. C, t:�� .� %mac ._—____-'.__._ .
I Tact A. -The-We —st if of the N E. )L of the 14 W. a -of the S . of Sect. 23 in Twp 3 S and
6' 69 W, of the Sixth ;..a,Lpal *icridlan, in Jefferson County, Colorado, c:ccept the N. 30
'in use as W. 44th A.c. except the Ea, ^>t 25 ft. in use as Upham Street, and except the East
125 ft. of the North one hundred thirty feet thereof.
U. 'fhr 1.. � of the N.N. �% %)f tho ;7.53. `.; a: tho S.E. }; of 5er-t. 23, in Twp, 3 S, and
Sixth grin. kCridla:: iu .,_Fi:crlan Co114lt„ rO)O.-nd(', except the V. tliir:y
W. 44Th Ave.
Tract C. The N. 35 ft. of. the S. two-fif:119 of the W. ' of the NW,; of L'he N.W. of the S.E.k
of Sept. 23, in Twp 3 South and ;«; ,r 69 W. of thn e7xth principal. M4 ;:i.dt:+n, in Jefferson
Con;:ty, Coloroll.,, oxe(-, the 4:. fare, .as^.t t1:.,.cllf, [;wL Ste inVndeworth Alvd.
ATTAMNENT A '1959 130
I
I
1
I
I�
I
a
+ I
'
I
I
an • �1 1
I I
I 1
I I
I
w �
a tiP N a
I
a^—
366.J' — ' 13S"I— RR9.3'
r
_-.-........ �✓gS+dLY. C, t:�� .� %mac ._—____-'.__._ .
I Tact A. -The-We —st if of the N E. )L of the 14 W. a -of the S . of Sect. 23 in Twp 3 S and
6' 69 W, of the Sixth ;..a,Lpal *icridlan, in Jefferson County, Colorado, c:ccept the N. 30
'in use as W. 44th A.c. except the Ea, ^>t 25 ft. in use as Upham Street, and except the East
125 ft. of the North one hundred thirty feet thereof.
U. 'fhr 1.. � of the N.N. �% %)f tho ;7.53. `.; a: tho S.E. }; of 5er-t. 23, in Twp, 3 S, and
Sixth grin. kCridla:: iu .,_Fi:crlan Co114lt„ rO)O.-nd(', except the V. tliir:y
W. 44Th Ave.
Tract C. The N. 35 ft. of. the S. two-fif:119 of the W. ' of the NW,; of L'he N.W. of the S.E.k
of Sept. 23, in Twp 3 South and ;«; ,r 69 W. of thn e7xth principal. M4 ;:i.dt:+n, in Jefferson
Con;:ty, Coloroll.,, oxe(-, the 4:. fare, .as^.t t1:.,.cllf, [;wL Ste inVndeworth Alvd.
ATTAMNENT A '1959 130
8 0 0 8 2 8 7 1 15(10 GCT 31 P14 4: 20
4.00 Count, of J"Iter"ll Slate of Co ,S
�O� c,.�•,rU�.' at
QUIT CLAIM DEED
THIS DEED, made this Sk4' day of October, 1980,
between JAMES W. PINKARD of the County of Jefferson and State
of Colorado, the "Grantor" herein, and EAGLE LAND COMPANY, a
-4w, corporation organized and existing under and by virtue of the
laws of the State of Delaware, the "Grantee" herein: Whose
o legal address is 1152 Barroilhet Avenue, Hillsborough,
rn California 94010.
WITNz3SETH, That the Grantor, for and in
considera-tion Of ji phi ![[��¢ �r d.;PR,r� _ _-Dn1=1s to the
C-) Grantor in hand paid by the Grantee, the receipt whereof is
hereby confessed and acknowledged, has remised, released, sold,
conveyed and QUIT CLAIMED, and by these presents does hereby
remise, release, sell, convey and QUIT CLAIM unto the Grantee,
its successors and assigns forever, all right, title, interest,
claim and demand which the Grantor has in and to the following
described easement, situate, lying and being in the County of
Jefferson and State of Colorado, to wit:
A non-exclusive easement for parking areas
and other common facilities, including
sewer, gas, water, and electrical supply
outlets and connections with the right for
maintenance, relocation and repair thereof,
drives, sidewalks and right of way of the
Center Area as shown and delineated in
instrument creating and establishing said
easement recorded August 1, 1967 in Book
1956 at Page 126, over the following
described property:
The West 1/2 of the NE 1/4 of the NW 1/4 of
the SE 1/4 of Section 23, Township 3 South,
Range 69 West of the 6th P.M.,
EXCEPT the North 30 feet in use as West
44th Avenue;
ALSO EXCEPT the East 25 feet in use as
Upham Street; and
ALSO EXCEPT the East 125 feet of the North
130 feet thereof.
TO HAVE AND TO HOLD the same together with all and
singular the appurtenances and privileges; thereunto belonging
or in anywise thereunto appertaining, and all the estate,
tight, title, interest and claim whatsoever, of the Grantor,
either in law or equity, to the only proper use, benefit and
behoof of the Grantee, its successors and assigns forever.
IN WITNESS WHEREOr, The Grantor has hereunto set his
hand and seal the day and year first above written.
`SEAL)
I ,
B0082871
STAT2 OF COLORAPO
COUNTY OFA
The fore ung nAtroment wap acknowledged before me
thisNA-44, day of lvej, by Jamey W. pinkar4.
My commlisolon expirea Ay 0D'DMW!0n $,Pt,es W) 10,19.$4
91ITNESS my hand and official eeal.
.+ c$' Xlnata
�la .`i .7( � — � CF'ereT �aats�rh[aAim � I-}tr+.afsne.aotsi �
.• - :�az wa)�.,L.�ea+L.l,. �"�'fOKzl�acl�lMaor, IiiiM,aT uIIL{dN_ J ...
ast�a!ac•. ...>I� i�:`ia'7#iiNit "t�tio. '"
PLaPave1-Te•'thoFCoiietyEet.JalroYftan. i+itjdtttL•7!'Wl't25�'hrn''f��s�� n' .a6
�_ ttoim•d xwik
-_•�a•aoveu��titea_6gr�nt;;s�:.tb�ca�:-7+...�arr;Ebt�iw��:•:W,,a;,:'�?
- - �[wbt-ia�ate�..-.•w.t::Ateb:.,ana.; •aarr�w•t..e.u;, ..G�..•.- _-..'....-
ads tla'Vpiittt`etYdeel'•eed ggC�l:.itN6M2i, LIiaC"'d/l�ttiairsifL - ..
470 r«e-thiirot 'N
'�[Alj�' � .>aa IL:1/3otVt7ii W 116 1d .L/M 9R.L! ot�6aeCles Zl''7b11ta11iP ..
+..5 seueh:,saeaa 69 Wt ut,ths.fic&-P.N.,•QCLR X664" 30
..: ""fpf'iu•nde.'ar Wtnat.44t4 A"ow.sc::._ " •r . - - ..
-
-3749-C. aba.aartb-7S fast o1 ths ddnth-2/Stb of give w th of twier-,1A
1!4-ot Sretloa tJ..'imummkU 34out s. tiata-N 1Mtt of :
. tba-6th-V.1t.,'litr1T the Vast took tbtire_-that Ire it.: - -
Wadsworth' Li...
or say Mrt`thar+et, ,iaelitdtet, but set' limited to. tM rollewLS.
1. A certain Anetded &MLSubetLtatiA Atiertet dated July 7, IMP by and .
- between Z. a" eradyi lae_� owral—ft"
refesxid to u the "Oeatnneee'.')
sed the Asstgaer add Jasse t, Voila.ai Odder. - -
2. A earteia N.nmgoneat At»arno dated Aprlt 2: , 19ar ►y and "hosen
VmaSchaatk At Ce.; as manager, mod the Ase lavgw and Jesse It. Wall@. am
owner, which Agreement was taraltated by a 3.1 day notice given July S,
1968 to the Manager. .
S. A certain letter agreement dated Jas 23, mat$ 9 with Joseph Farb or and
Ca.peay N MMger. .
A.. A tartain lases dated rabtuary.l. 1967 :by ad i,batwaaa the National Tea rn;
as Leasee and a treat holding tale for Aal ;nor'and Jsra'It. Voll§ as.
40e0r, subject to a conditional. Asdtgamoint-.d Looter's Interest in lasso
datid'October 9, 1967 to the SoLtsbin Lila aaurante Satiety of the
Dritad Stated. -
S. A certain Lease dared Ortober 10i 1967 -by a d betwdem Ysldo rand Olive
N. bugle as WS04 and John F. Sw"ney as it ttorney Le tact for Assigner
and James E. Rolls.
6.. A cdrerin Declaration of Easement dated Jul 171, 1967 by Trammaeariee
Tilts Laurance CanaAdy of CMledada AS ttunlM uadsr Twat aro. 166720 ..
our whict. Aasisear and Jaws L, 1fe1L wain b amfitlal wan.
7. All efae' against Aidt
too Casualty and "gutaty toap6ey laoluig but net'
I I"ted to then driving Out alf a fits Ides an IDs c 201 IM and
rubdagaant raadellea sod malicious seleahlaf.
a.. A adrtatm 400a dated October 31,.196! by Arid between Adm4Mr Mad Jams§
X. falls AS Lessor. Add rataat'COtpnrMtlon at Leee1a, ler natal lrer
this Ideas is aubiat tan Mareavedt with votionel iha 4ats17 to aedls
-Martanat Tam Company the seem -04413 per-anoth toward- atidadi Tests
obllptlde as taeson ata dslattlas -
9. Aemrtala tsar ee. tyrow.r.ate to be constructed. dated Le- y h'
1968,by and batwen Amalgder W Lmsa R. 90118. As Lpore,d earf :
6 Porta., Ltd., AdLenses.
-1. r:
i-'. avirraeaT••freliatirt'a�:nd dpv3;rn ba�twTteeSfhtr eetdJ�laftal�i{'i71M.'adu olDiiinidl.�:s;
at .11 of the <owroa. ra M,pkrfstnad .ef;tli, Aatl�or•wld•r-tai itieer�iasl ,Ma'
provided, I— or, Atat{oea,dodm Mt,.etr any ltekllicy or .btlpettai at A..itwe-
far defaalt of Aa.ipar madc:aay ef'a.1d
IDV Amel�ttl
at aPpli" to sad blood, thQ Pame he-- mad tb lz ry i
-
ST Yrrmis wmntmtt, tn. y{sttme un ti uatad into tea 1 . ..
a:acaoad this ,� day of A,1 o -+.a aenv- i', 1,X I _
Adq=U ASi[CMds
D AC. eAMIi QU&AW7
imn 6 4h at
-- :. •. '1 a ie�l.1 9ra_gey, sacs tory
of IoG��. �) -
oG1DRY or far) is
o. this yU day of �1:t-+« ++��h ; 1966, before, es, panneally. appeared
1. 6r16ht and John P. 6eaan}y, topnSa h
aolly ere, rhe bete6 by Aaly
did say that they an the president and Secretary reap.ctiwty of Batas
t' Corporation, a corporation, "t the deal affixed to the fora6ota6 paten
ff
the terPorara aeai o[ Said cotiperation, that Said looteurnt vas aartrt6d
d _ of said corporation by authority of its Board of Directors .0pdthe said
ri6Mt .as ]ehq F. sre.nay acknowledgedSa[d Instrument teje to [tae set
_ of said corporation. / /
a ' gorary Publte to and for 4l:ougty. ior•
SSAtt or tow )
ss
Cot rm or )
.. s .9941.7 of , 1466, he[era ens W appci d,
Sad /'- ' �1 r
t peneiuyly court, tq6 �y er duty vorq, ofd .•y t they
an !
and �11r"" % _ rnpettlwly of Life
lmartoto Mae., a corporaclon, that the seal affixed co the [oraLLM leattuaent
to the corporate teal of said corporation; that Sold lootrumont wa "-.Rod in
.bahaLf of 9.14 }yr Ion by .rtMtlty .t mi ewN of laps d eM Sald.
f� and I
ackn�Said instrument to M tht tray ant and dead of said cot6e S a, 1
t
story Nblic in am for Said Casty and Etre■
•
r0 �l
dial sr UN. C4
Aft 1
C
7f17R
247'�'� �`-
3501.95 �
N i
q` DOCUl. ENT NUMBER 774la--CD
_
v
W.O./J.O. NUMBER
r's a ii525 z
tr r y
EASEMENT
In consideration of the sum of One Dollar (51-00) and other good and valuable consid-
erations, the under.,igned Grantor (whether one or more) hereby grants unto PUBLIC SER-
VICE COMPANY OF COLORADO, a Colorado corporation, Grantee, its successors and
i
assigns, on easement for the installation, construction, reconstruction, maintenance, op-
eration, control end use of electric conductors, conduit, equipment and related facilities 1
in and through the electric service system, including conduit and direct buried cable, as
presently located and installed, or as to be located and installed, From the point where
such electric service system enters the premises to the points of delivery of the meter or t
I
meters or other points as shown on the attached schematic diagram, on the premises and �
within the improvements on the premises. Said premises being described as follows;
to -w! t'.
The * of the vi of the Ntu of the SE,—, of Section 23, Township 3 South,
Range 69 West, except the north thirty (30) feet thereof; and
The Sit of the NQ. of the NW—t' of the SE, of Section 23, Township 3 South, i
Range 69 Weet, except the east twenty-five (25) feet thereof and e. ept
the east one hundred t my -five (125) feet of the north one hundre 4
thirty (130) feet the,
(
(City and) County of left Tann -, State of Colorado,
Known and numbered:7-44 West 44th Avenue Tet'fgrsnn [ of ty Colorado,
together with the right and authority to enter upon said promises and the imp•ovements j
thereon at all reasonable times and as reosonabiy necessary to the e.excise of the rights
. t
granted herein
t
Grantor reserves the right to use and ocarpy said premises and the improvements there•
on f -)r any and of purposes consistent with the rights and privileges above granted and
which will not interfere with the use of or endanger the facilities constructed within. the
easement hereby granted:
• I GOf'4.50 �
NOV tc:; 1:157 • • DI)04.)0T
All damage to the premises or the improvements thereon, except underground obstruc-
tions of which Grantee has no specific location, caused by the exercise of the rights
herein granted shall be repaired of the expense of Grantee -
Executed this 7th day of — JU v . 19 69 .
-.Fir Proctor, Bi Fre sident
z.;' '• vey L, Clar , Aesistant Secretary
arporation; ❑ Partnership; []doing business as
'114.1 746
STATE OF 89ss
— County of LINN
The foregoing instrument was acknowledged before me this 7th day of
juily 19-69 , by yg—j I E Proctor
— as Vire Pres L 'Cal. f Life
and HarVgy L.L. CISrk — as Assistant Secretary 0
Tm"..r.rA Inc. — a corporation.
My commission expires: july 4, 1972
Witness my hand and officlal seal.
Not oy Pu Tic
ioht-,-r.—§veeney
-2-
21,14 `.47
1 PiJHL14 pGnrn:.c vv. yr �-��
LLCCT DIST ING OC*T
I
2144 '748
�gl.ti U
O V 43
F" M p
,q O O
THIS ACRFaWT, made and entered into this 110— day of ,
1970, by'and between the NATIC'NAL TEA CO., an Illinois corporation, c/o 4120
Brighton Boulevard, Denver, Cc•lorado, 80217, hereinafter referred to as
"National Tea", and GENERAL INVESTMENT FJNDS REAL ESTATE HOLDING COMPANY, an
Ohio non -prof -t corporation, One General Street, Akron, Ohio, 44309, herein-
after, referred to as "General".
WITNY,SSETH•
THAT WHEREAS, Naticnal Tea is the owner of a tract of real property
' described as:
PARCEL 1: The east one-half of the Northwest one-
quarter of the Northwest one-quarter of the South-
east one-quarter of Section 23, Township 3 South,
Range 69 West of the; 6th P.M., Except the North 30
feet, in use as West bbrty-fourth Avenue:
PARCEL.2: The North 35 feet of the South two-fifths
of the West oue-halff of the Northwest one-quarter of
the Northwest one-quarter of the Southeast one-quarter
of Section 23, Township 3 South, Range 69 West of the
6th P.M.i Except the West 40 feet thereof that lie in
Wadsworth Boulevard,
All in the County of Jefferson, State of Colorado.
and
WHEREAS, General is the owner of a tract of .real property described as
follows:
lot 1
ParktrLew No. 1,
County of Jefferson,
State of Colorado
03f
to
s
4;-2m
aa�> am 'AND RIGHT-OF-WAY
THIS ACRFaWT, made and entered into this 110— day of ,
1970, by'and between the NATIC'NAL TEA CO., an Illinois corporation, c/o 4120
Brighton Boulevard, Denver, Cc•lorado, 80217, hereinafter referred to as
"National Tea", and GENERAL INVESTMENT FJNDS REAL ESTATE HOLDING COMPANY, an
Ohio non -prof -t corporation, One General Street, Akron, Ohio, 44309, herein-
after, referred to as "General".
WITNY,SSETH•
THAT WHEREAS, Naticnal Tea is the owner of a tract of real property
' described as:
PARCEL 1: The east one-half of the Northwest one-
quarter of the Northwest one-quarter of the South-
east one-quarter of Section 23, Township 3 South,
Range 69 West of the; 6th P.M., Except the North 30
feet, in use as West bbrty-fourth Avenue:
PARCEL.2: The North 35 feet of the South two-fifths
of the West oue-halff of the Northwest one-quarter of
the Northwest one-quarter of the Southeast one-quarter
of Section 23, Township 3 South, Range 69 West of the
6th P.M.i Except the West 40 feet thereof that lie in
Wadsworth Boulevard,
All in the County of Jefferson, State of Colorado.
and
WHEREAS, General is the owner of a tract of .real property described as
follows:
lot 1
ParktrLew No. 1,
County of Jefferson,
State of Colorado
and
' WHEREAS, both of said parties have established existing mads or con-
template the establishment of -roads andrights-of-way to various retail
establishments located on,each of the parties` respective properties, and
a'
WHEREAS:, the parties desire to establish a mutual right-of-way and ease-
ment connect:ing the two properties so that.the tenants, servants, visitors,
employees and licenaees ofeach shall have the full, free r:lght to pass and,
repass freely as a means of ingress and egress from the property of one of
the parties to the property of the other;
N0w TEIZximBE, it. is understood: and agreed as follows:
r
that, the
�F
Went 100 feet of the South boundary.line of the Fast
r
one-half of the Northwest one-quarter of the North-
west one-quarter of the Southeast ane -quarter of
Section 23, Township 3 South, Range 69 West of the
6ta P.M., County of Jefferson, State of Colorado,
it
a=
which serves as a boundary line between National Tea's 1-nd and General's
land, shall be used as a.weanr of ingress and egress joining the property
par par agrees to pave and keep in a
of,each of the ties and each of=the ties
�V
good state of repair the roadways on each respective side of said boundary
¢
line and each. ,
agrees not to .erect s barricade fence or othen,ise obstruct
said boundary line so that the same shall at all times remain a means of ingress
andress es aforesaid,
�
9
This agreement shall be coterminus with that certain lease dated June 23,
i.,
1969, as supplemented by Supplement to Lease dated December 5, 1969, made by
Monroe Development Corporation, Lessor, to Gem International; Inc., and
i
subsequently assigned from Monroe Development Corporation to General Investment
- aP
Funds Real .Estate Holding Company on December 5, 1969,, as recorded in book 2149,'
pages 54 and 59, Jefferson County, Colorado.
F
-
;--,_._
-
P
223:1 '72.1
IN WITN3-SS WHEREOF, the parties -hereto have set their hands and seals
this a -Y of w 44to ILWO.
ATTEST.
AS h.
-
NATIONAL TEA
BY
Vice Pre
GENERAL INVES24ENT R=
Ri.J2j ESTATE :HOwum LvmyA;K . r
STATE OF MLINOIS '
COUNTY OF COOK ass
The foregoing instrument was acknowledged before me this 29th day of
September -1 19TO, by . W. B, Thomas as Vice President
of the National Tea Co., an Illinois corporation.
Witness my hand and official seal.
Notary Public',....,
My commission expires: sENr4ET-r BERMAN
Notary Public, Cook County, 11:00f$
MX Commission Expires January 12.197J!
STATE OF CFt ;66
OOMTY OF
The fygoing instrument was acknot(ledged before in t day of
m
1970, by k
as
Vic- v4stkm-T of the General Investment Funds Real Estate Holding
Company, an Ohio non-profit corporation.
Witness my hand and official. seal.
A6-
Notaryic -P-Uzf
'c
My: JACK A. B(INSKY. ANo At �U.R
Poblic •
State of Ohio
11—rr
My
commission has no azoleatim dft
Sodim 147.03 R.O.
3
j 6110W
a
n IOWA STATE BAR AsSOMATlOR y_ ivie nm i�aL esP s�
0*0.1 rar[A (a.. at -
REAL ESTATE CONTRACT -INSTALLMENTS
iT IS AGREED thin day of December 1973 by and 1rlMse^ UnderwriteYs
International, Ice•, a Tennessee corporation, and James E. Rolls. 1353 Granville Road_ i1
Newark, Ohio _
Sellers., and Homer Noble. 2425 South Colorado l
Boulevard, Denver. Colorado -
g •--
That the Sullen, m in this contract provided, agree W sellto ohs Buyers—and the Buyaes in considora°inn of the
pnrnises hereby agree with the Sellers to purchase the following described real astate situated in the County of
Jefferson ,•state of �og. - The West tM of the N.E. $ of the N.N. it of the y
S.E. -`5 of Sect. 23 in Twp 3 S and Range 69 W. of the Sixth principal Meridian, in
Jefferson County, Colorado, except the N. 30 ft., in use as W. 44tb Ave. except the
East 25 ft, in use as Upham Street, and except the East 125 ft. of the North 130 ft.
thereof. (Showa -as Tract A on Attachment A attached hereto and wade a part hereof.)
Subject to the leases set out in Exhibit "A" attached hereto and made a part hereof.. 1.
h
Further subject to the easement described in Exhibit "B" attached her'to and made a
part hereof. S
together with any casements and s ient estdes appurtenant thereto, bas with such rearmaiians and escsptions of P!M n a
mayy ba below stated, and certain parconal property if and as may be herein described of 1f and as an itemhed hist is at.
..Ked hereto end marked "Exhibit C" )As to any such perianal property, a Security Interest hereby nH—hes thereto. as 'I
proyldad by the Uniform Commercial Code). all upon the terms and conditions following:
r. larALFJlCNASQ mm fa w..aperp n s 498-000 .,,ebk .r 375 Ce 1'nc Road N
Calor Rant dg
wieu PATeuer o s 85.000 eYepgrt W -IM 0p m HUM A6feoPlFIDsa: cod II
(See Attachment B attached hereto and made a part hereof.)
a. MSSL13IDM. Men, ®ne.rr.1, mit du. P '...nm m Mair rod A.Il ba -e .d h .-.W. d ,dd primum m M. 15th der d
December __ —M enc Ih-f- w lane m for ,hsa Pei- W aMlpdima d d:+ nmAecr: II Fares en reblp ..bract a Me rSbl+
d tam, sW we eaalled :. mvlrh xs.drvm an eW elnr doh d m"x.l.n. w 1-1- br "W rn IM r.e.. idlc. q ye s
a. texas. AAha mi, -23 2 ger ori .Dada ,mn eawme a.e:,m Mw propary (ia:lu:�lp mead prem.rr, ii art am end Pevebh 1.
de H+r l/ 74 e[e •• eM enr u>pdd tam, Awma, roreble In p:a [ro ..-.w"I pry nm tam xp eaamud br ielbn. -a»en ,M!I Per do
TK+,puri n1a�e°h /He°,1aM+II rwni F 1e IF. `oll°i�a Ver n a°eJe :°o/6pM °M°Irri`ile. n`d LwrdihwOYUWi a M'EOO.h'Plpea,l m,mn.ml a enr. to rro CauMY
a. SPINAL AS76915e11S. fr'W. ,-1 Pev Ibe ,rod., aeuemcl. e.M. M -s wep.rtr: ISM1e ed e'Aha NI er tbt WI-)
M•'pM+LrareLp.L '_ ••- .,_-- • - - --. • JMane-Rdif.mMY-Kl+bbida-Haab.
(b) WhIA .ne a c.a Ihenm e, d December I5, 1473
(cl le[Iadiq ell .empe diapaml mwnm+da for OvenD°ae duan Mddwe eaeAed 6y em mvnidP°Kh M1ON
q ;wi,rFdbn w d dsh d pa,mai.n.
euya...rmp ee abme eMed, dell pq ell ,abiagmm .pmiJ a,emrmene +ed areal, beton Mer bmme a.f .r.
n e. HDRT4IAG. Aar merrmce c. exemhr..na or +dinner ub." eq.lue Wmid aloe be 1; 1, roil by Slr[ ;p a M!e erebCb 1fw Rnx'
°b✓rSatEii°i se`IMitl semen [evil M m per(dmgmc°� a°Yapm°r ,b "d`ahs. aa» MOivlls
e e anpr•mirn s Io N. ironed a iep map°.. mra m W rid aaeed'm. G err .ra T. d the Men rA fdmaanfrare d a1x�w,pr
`IY roe,et ieP.u�la `:'. wv,nVnr d eY°ee4°d �ol:: a Eel or ,��i�b .al�•mWa.6v+ roatd ;.'7� •eq�mwyq, ww.�,»m,+„-lgw�ibli°ah cl n .n:g et,"r'Paa cod
es am ro enY al avSOri than rlghh in uM pr.perrr. DEED FOA OVYEAa Sab1FCr TO NOer E Ir a:�w� Wn miu¢d ria p��r�pe oS IM
lv rfln eme.m el e+Y s.,A,A n,wfye.e bele.n m and prerrlw, th mimed IMir apim. ewmr W b per [old lnalee® eend3q b �
rdelM b ,ucL aert.epe [Mil teem» + teed b wid salla, d lhdr mllaq ear Kwp Wh Wlw. Imp ewN .sb _ npnpge
dee o. Pev dl wcb nwrgge. Ai101' TFp PI1TM�1(IS furrR in Ike enol O/ ir:q rWa �ra�rl� Lan, w q$y bW.r hefxd aF ° IcIAv of t4 M
Nth, a in Il,e er.el b . rrwk+a+ pdmt cold V W a M N ru.n°�° emir W Wit pM.abn re dFW+ a a'b>n Xr mrmada r. t!+
IaMrpCx.,tal Fran m rodr iMrn,la m appae•, 5£LIEtS Afi iAVSTEB. viel7.n +Yu tri Mw afA wlHd aP r.+n I.wm!.c b amre d 1b eau.nl d IM
iNlwe aMlll hri°R✓ rW11M w damMiwh om:rretlnM Eerinl#d� Lwrr ..elW.mw:% Wr oda b. mw�wwW mdm�la mawsq «d `."ia,afd rq °�1immr .,
11m p.et e+d here. d IM luyen for M. up nqd bmrH d Ihr erye,c
f. [.nap a mw b elMiviw ' tided h W IeiT .interim d rareDwps I(p alert -ewe witl dare d puuwb., NYl mar
Ce m bop la Lane ' nnoea ni .Waq� ie bo pepid � Mae .itbW .Mb or ) OdYad toe w nn, lagde ad alis Irrsa wmHW
sed fm Salta mer r viw an W 6WMi,.r a impr.»ennX, .ey m tritely plea,tl u di prmd cod ra nnnur peP.vr
Clot n eey E„ IM ,ubi.e o! Mu wren• in sx°panie P b rw,ef.Eh epplmEd q xdr, b a anlPrA eat Iro ELe Ma iAI 1� .@as n? eW. e*Piw•
d pameel propxr w •nct las iMe lee ynmlA mxlew crw Mn,. eLvhnr �alm+l h ,w.kW NM adt lmv.am pwWH°m°b ipin set IPw°
Hwir i+4en.N aura LUYEFa SMALL PRCMP DE➢OSif sUCX aOLxT wITX PFOnrq AIpELS Yliirl' Sa,LPK MM Aa r.rrnr mo+ih�e.gM ¢r•emt d
IaM°r ni( ne ponwm�pmllew+add. �!y°,.iHn en.r Min w°m e�lY wne'0swnabY ePPliuHw W W t'°°`wJ4°alerl M �-M°lu: 1a q' cwt a �P�azavb do:l ifad� Y
ih b .be yetrrenl d rbe eblia°tb',e Iwiin.
r• CAei of [ssaaarTP. Hvrsn 041 rd. nod un d IFA dN lsep�lhe bAla and Impmren+er. mm a kavdea q i as 1M
.nin'dx.n` �,'io',e a w'�'.aa,��•inm`° i :rropeh •ad° rmdl rm+ i.�� 4' .. a„lw "1�° Irp °ar�l[ aadaa. r...+ ssdl ms m.b. raP p�m+ea
dlm cl Ilu `wI Dc:vn dot eat yap er priNl uid pre:atnv b M oma far em Ilweal p.Tw
b [®n. N. a.dado' IMe Jlaa b im.ma: spa a raaelrmd petal Me til mwe Hwtb+d ;dwlw
V. AIVAXeSOMM sr 7KUH. H fame M !e pf webo
lawn, held i-- w1 aJd�..by(r�aa�a-aieyw prr4 •X yba,ap—d, Wi.,
mr+yy bd Med eat, per em4 ImM [pK1m wa'ereledh wwP.:Fn end ileaamry oed ell msgNW. (Ibr alEc .+ dHll 9p lwlb a0-4
o�N DurWoph 6� 1�• of W Neelbn d Selaer, be rddad b 1M pN.ad[d emeW
cctd lw_e br Tin t.en son m a.: Aee�ni.
a•rwroasn -MO-025'76 693.
2576 694
/9. IO1NT iFMANCT IN FROCEEDS AND SMAITT 21ONTS fN AEAL 0TA'M it end ly if, the Salm I— dietaF/ aecedtnq Mic xla, bed hro lith
I*
iha .bore ds ibed "let" Ie j ;qt tenanN. d sash join ! rye has set {eMr beez desfroyvd by apereYier, flaw neM ch d tis Setiars, ihu wle het$
sal < stirut. —1, deetrietio d ts, p Ill o1 the tr.et, ndn ny cesdtoui:A nd/qr r "'mart ,:gbh i sella id 7 hold he rid coMia
-a Scilcm a l he eu iib .i fits e f r Xip and end. b. ommen: ad Buyers. I Mo Mot the death I.
am at __101
/.reale, .orae to ply
m �bal6erdr-e of ih'M1 iu=tela of toy apntred b the sarvivinq Selkrr torr Sadism)
and
to aewpt dead
xDW
from him as
them cor.Ivilh paragraph 13 6aloM
.eg.eph ,s sbickan from s egmement.
7Jrh. "SELLBNS: 95aause. If not titleholder i ed;etely prccedinq tell sale, sholl he wasunred b have ruled this instrument niY for Me purPow d
,.sr... sh:n ell rigws of dm. a, heme[taad end d Iribufive here aadjnr in ea 01 ane. w)M wane, shl.;3 Cede of Iowa• end the f the .urd 'Sellers' rn if.
Med Q.r?;o. of file cenllsel, winc�al mp , shall not .but
such presumption, of in ant' weY enlergP adend the prevreut isderetf d cud shouse ;n laid psep-
arty, .r rhe iMe proeeedc, r bind such corn. euxpi a afbreeid, tp iha' <Mmt enA pgvisigns of th;s wnhecl.
r 17. TWO
IS OF iN8 �SEMCI doff this Agreement. Feil,,, to promptly mwrt r19his d 5ellen herein shall not, hor.les, ba a 16151 d naafi rights or
,112, uExCEIVONS TO rWARiANTI 9P Y)TLE. The wprrer.}ias M title -n aro baud Mede pwamM 'o his eomreM (sae paragraph 11) shall W vlsh.d
rrotlon ar goeNScM;on E%CEIRt (a) Zeninq dinar,$; (b) Such Waiila wvnnents a may be shv.rn ai aord; (,e` Ee:emaMa el r rd. IId} A
red by peregravhs h 2. 3 and i of this mnhed; (e) $el$am µall 9i, Special Win—ty of to Ma osliod after nt 41`1. title peat.[ fo BuyerN I SPoaso
if eat a HHA.Idl,l need not loin in say ..,nisi.$ of the deed ,also ,the -4. aHp.l.tad: 19) (dinrel resarvdioas,f "card?)
(h7
(Lien[7) (Easements not rewrded7) (lnhnsh d osis, p•dias7) (kessw7)
13, 11 AND ABSTEfLCT, BILL OP SALE. 1{ ell sad ams of money end tntarsst en pard Iv seller d-'ag the life of his cbnfred, ed e9 other epraamelsla
for performance by BUYen N» been <omDlied wilh, 5ellen will mecMe end deliver to Beyer. a CrL'neil'al w._my fled e,snv"I wiA twenirsb in Sae
ole parsueat to a d in aMormiry wbh shy oM.ad: aid Sa' r !II ebnesvrcnfry dally., b- hien a ebsl d hewing rcM1eatsale title, in <oMormiry riM
Mit nt• ct. surer abclrect xMll beads with }he q rrt of patent ,alar punueM to bre1 bar saoet{m ftlle stenderdxmi6e:. , lever as fitment to
peri.Z of abdracHngl to said premum and shell show fives, tt:ereta `n sellms at of Me data of W. evnFscY; or m of ouch earlier is
if and as daigmfed is
Nle next senivnce. This walled .dn ff. p Ions "Atfen offer of Buyer to bas the *bele daoila d PMWN which rn aevaii by $ellen on Ih• 6th
day v! December ft 13- 5ellen tall afee pry, file sol d ant abstraaiinp dw w mi ed or cheage In the iwr[omt eifain of S.It«a rpuffirq ;.
dsengc of titIo by eperdien of far or oihereise. IF am -meal property is a part of fees aRyss-al,' thea voea dw prlamanw by Schen ,hell suxa
end del;— a Bill as sale evmisbsf wifh the tam. of isle emebed. 5ellen shell pay ell taps m enY saeb —v I properly ....bb ie s4� . eM ell limes Me—
.W. ➢riot thereto.Title �y
14. APPROVAL OF ABSTRACT. Buyer he•r. examined Me rP'P fa R,y plan" ad touch alDrADW Binder
Binds;
15,1. FORFEITURL If Buyers (a) fell b mehe tis p.Maults eforas,id. or any pert thenpf, as wane bowma due; pr ib) fail to pay Mo faap er spacitl a:saw
nh r herg6, r any ped Yh6ea1, levied pan .td preperiy, a ne3. pppf��t L by mYi ladno bcdY before an{ of neh lerro Become delinquent; or
(c` rail fo keep the properly insured or (dl fail fa Iwao If in M noble roDvlr nr herein �u r d: r (e) fail 1v "edam ny �d M• •gwgmenh hNan
m ds or recuirea; Meen wllns, in edailion to v„y end ail other legal aid nyuifable remedies which They may here, 1 the'�r option, may proased }e 1ar<ett en0
I his centred s providM 6y ler ZCXepra.-BBa�dcpp-Ipaati t;pn mmplefion of suc5 leribiq,ro .fryer shall Xeve 'ghf d rcclametiaq w ponce
ehnf
tion far mMey paid, a mprplaments de; bN meh pay OMs nd f prOVpmMp3i If anY (hell 6e rained end kap( $.flet, eb egmhppenwflpn 5qr the uFe
Jell �I»pePae.[enaond elr[eld heel est Odor m v rY herwf,eluch�cpOrly rorfparf KU In gpiofl�i%IlonMh M Mwa�peee efally��mYohen'tFrnrbfom er 9 fo do [e
may bs treated ee tan. all balding o unlewiully eller the mpbelion d a leve, and mar ecmrdingiy be ,,steel nd ,.mored as suaA es provld•d by Rev.
15,9. FORECIASURi. If Ruyan fail in any sae of the spe<i6ed ways 1s, ply dth ih;s combed, stn 1 } (b), Id (d) ar (ej of anal p.a d
perey, •: b IS.i bore F qv de e, Shcan may eon thirty [39) days r Hen Mi® I infeMwn lea eWnfa Ihb pey enf f the eel%ra bel.nce, d_,, hill; 11,
al.r• 1, default r oeiaulh re mol removed, declare the entire balance Irerwnda immediately d.e tl pay.6le M Meresntr et IM1e epldM olwthe Sallee
th;6eraw ited t '" ins° be farec!osad i it, end a receiver may be apputMed to lake charge of slid premiss ¢ort wiled the risk[ and profits thereof to
pp may be dirMed by the laud.
1*. ATTORNEY'S FW. In cera d an, aeften, any promed", ;a env Goal Ib c RIM II1f psye6k o c d beaa;a to —fee the lens
dezaiMd sin t Setlen, or ,n any ofXer sale
isrroined by whf h eherneyt feet may be <Mfetled from Bryem, a i.,.ad ,pot. IMm, or open the .bars
prueertf. Bayes .oras b pay re swv6ta .harp: fees.
77 NREEEST ON CiELINOVENT 4M "M Blhw part( will paY inlereN et IM1e hs'9Bm/ kgel wMred rete eppGrsbk vo a nefu.ei "Man ro tis otMr on it
—y'.. heroin m and etas, ?bey lvcorns delissRaed, ead)er oo rush resanably edvaneed by either pe.•ty pnnuaM ro the terms of fists cermet. as protective dilbune-
m at..
1& ASS76NMSM. n case of /he asdl.tFI of Mis :I by cit6n of the penia, promof notice shop be given to Me other parries, ha shell et the
tirr_ of such '.flee 6s, furnished rfrh a dupltsafe el sed, as;:gnf y s�e6 espgnnn. Anv refs as(gvmenl sbell at ♦errsia to the liabslif,' e1 Me assignor 1.
perform, infers a sp-ifl- rela6a in wdfing is given end signed by the other party to this Cv .t.
49. PESSONAL PRO►EBTT. if fill, onhect ' eludes theI.I. f env Denpnal ...... i', he. in he eat of Me (.Malas.., Ipreelmure of Mit c ft f, vah
ap11111 shel bo w6;dered 'Ml,Wbia tth Ila r 1 rata ,bora daseri6ed; va d elf/ such Y6minaF.. of Boyers' righle In said reel .[safe I. oaeareMIV
emreta az the' fvrieiluro or /praeloeurs hernf egvimt ell such lyenenal prcoerty.
26. CONSTROCnON. Word, end phrases haaio, including knewladgmanh hereof, shell be comtre'd m in Me singular or plural number, end as ra.-Joe.
tem , eater gander, eccordinq to fhe cordes+. see pee Is
tIvh. above, for wwlreclim of ih. -rd "Sellars.
21. SFSOIAL.PkMr CM.
STATE OF COLORADO i
) as.
CITY AND COUNTY OF DENVER )
On this 13th day of December, A.D. 1973, before me, the undersigned,
a Notary Publicin and for the State of Colorado, personally appeared
Homer Noble to me known to be the identical person named and who executed
the within and foregoing instrument, and acknowledged that he executed
the same as his voluntary act and deed,
witness my hand and official seal.
KY Cammissioni6xpires:
�sliy Cp rlryi)iotplRzp)rod
as 75,7974
J
;e 9
-
Notary Puhlic
2576 694
Eeculed f duPlipate`� f t
hlpllcefp
UNDE ' i Z �EIYIPA5;0. T C.
By; iti? �•'•_
r*YrES E. ROLLS
X75 Collins Rd. N.EyCedar Ra+>ids. IA.
1353 f;avi
.. � , e.oa.e.e
25'rG 695
_ C
HOMER NOBLE Ctrl =
y_ isnP�lS °••
2425 South_Colorado Boulevard
.ar
...p
Denver. Colorado
ems.
COUNTY,
sn , & D. 19_73_, b.f.. ma, the undersigned, a NeNn Public in eW for the 51.f. of I—, Pm-
rh—"e idegihd tgAre named in eM me eaeM.d she wWW. and fp.eg - i.tUame.1, end eeQlwWiatgad kei tb.y ?Mfi
. ra •mac
sausssssL
i...J se, the st.s. or ioea
O
iid
z&29 99,51
a
72
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2576 696
AwACtmm A
4rae� t A. The West � of the N.E. } of the N.W. } of the S.E. � of Sect. 23 in Twp 3 S and
Bang. 64 W, of the Sixth Principal Meridian, in Jefferson County. Colorado; except the N. 30
ft., in use as W. 44th Ave, except the East 25 ft.. is use as Oph— St—t, and except the I.Aa L
125 £t. of tor: Worth one hundred thirty foot thereof. -�
Tract B. The E. k of the N.W. ly of the N.W. Y of the S.E. 1 of Sect. 23, in Twp. 3 S. and
Unge 69':. of the Sixth Prin. Meridian in Jefferson County, Colorado, except the N. thirty
feet, iv rse as W. 44th Ave.
Ytect CThe N. 35 ft. of the S. two-fifths of the W. § o£ the N.11 of the N.W. % o£ the
Of Stct.. 23, to Twp 3 South and Range 69 W. of the Gi=th Principal Ceridian, in Jef£croon
Couoty, Colora4o, except the W. forty feet thereof, that lte In Wad"ortb Blvd.
2576 GJIG .
S7mp_2.n__ fl el
:,loove
psj tots! Of
-=Ilorlsl m—n'an2n7-:_ of cos=�n area.
Am nu �Z rents!
25703 69t7
f.nt laaz�4
-23zit.-
ll-,,.Z-� a-ra-x- 1e153:! t 7-
5, 55
T -
L-vW. - Z3
2-0 . 37--aza feela2sad
Del ton Fall
ll;ac sm:=3 fzel, --ease.:! u- U-1
Bpmxtician
C--3rD!-,,Z -,, �'3.55 =--r Si. ft.
3,
L --* bb =- r ty Loan -
17-1-1-0 &Tusra feat leazed witil
I '31 -", Vii.25 psr 5
S7mp_2.n__ fl el
:,loove
psj tots! Of
-=Ilorlsl m—n'an2n7-:_ of cos=�n area.
Am nu �Z rents!
25703 69t7
DECLARATION OF EASEMENT
THIS DECLARATION dated July 27, 1967, by
TRANSAMERICA TITLE INSURANCE CO:;PANY OF COLORADO, not
personally but as Trustee, under the provisions of a
Trust Agreement dated larch 9, 1961 and known as Trust
No. 166720, having its principal office in Denver,
Colorado; and
WHEREAS, Transamerica Title Insurance Company
of Colorado is the titleholder of Tract A (hereinafter
referred to as "Tract A"), and Tract R and Tract C
(hereinafter collectively referred to as "Tract B -C"),
legally described on Attachment A, attached hereto and
by this reference made a part hereof, which property
is locally known vs the Wadsworth Shopping Center and
located east of the southeast corner of Wadsworth
Boulevard and 44th Street, Wheatridge, Colorado (here-
inafter sometimes called the "Center"); and
WHEREAS, Tract A is about to be improved and
Tract B -G is to be improved at a later date; and
WHEREAS, Tract A and Tract B -C may not here-
after be owned by or mortgaged to cormon interest; and
WHEREAS, Transamerica Title Insurance Company
of Colorado desires to establish easements, restrictions
and obligations as between Tract A as one parcel, and
Tract B -C as another parcel.
NOW, THEREFORE, IT IS AGREED IN VIEW OF THE
FOREGOING, AND IN CONSIDERATION OF THE COVENANTS AND
DECLARATIONS HEREIN CONTAINED, AS FOLLOWS:
1. OWNER. The Term "Owner" as used herein
shall refer to Transamerica Title Insurance Company of
Colorado in which title to Tract A and Tract B -f, is
Eoa vestzd, and to its successors, assigns, grantees
and all subsequent owners of the said premises and all
pbrsons claiming under them.
2. PURPOSE. That the purpose of this Declara-
tion is to create and establish a general plait for the
repair and maintenance of improvements of Tract A and
Tract B -C as a shopping center.
3. E.4SKMEtrr AREA. That the owner of Tract A
gives to the Owner of Tracts B -C and the Owner of. Tract
B -C gives to the -Owner of Tract A and to their respective
tenants, and the customers, agents and employees of said
tenants, the non-exclusive right to use, is co_oa, toe
parking areas and other common facilities, including sewer,
2576 619
27669
gas, water, and electrical supply outlets and connections
with the right for maintenance, relocation and repair
thereof, drives, sidewalks and right-of-way of the Center
(hereinafter sometimes collectively referred to as the
"Easement Area"), which Easement Area is portrayed on
Attachment A as the area located within the dashed line
shown thereon.
4. MAINTENANCE. That the Owner of Tract A
and the Owner of Tract B -C shall maintain and keep well
maintained and in good repair the Easement Area situated
on its premises and shall keep such areas and right-of-
way striped and clear and free of snow, ice, dirt, rub-
bish and obstructions of every nature, and shall provide
adequate drainage and lighting thereon. The parking
areas and right-of-way on both premises shall meet at
equal grades and no obstructions shall be erected or
permitted upon either premises which will, in any way,
interfere with any rights granted by this Agreement. The
striping of the parking spaces and the driveways should
not be changed by either Owner without the consent, in
writing; of the other Owner.
:i. WAD54TOR_TH AVENUE ACCESS. That the Owner
of Tract B -C gives to the owner of Tract A a non-exclusive
easement for right-of-way for ingress euj obsess L. a
from Wadsworth Avenue over and across Tract C. Tract C
shall be maintained as a roadway and will be hard -surfaced
with either concrete or.black-top.
.. &. INSURANCE. That the Owner of Tract A and
the Owner of Tract B -C shall hereafter keep in force
with a responsible insurance company or companies a
policy or policies or public liability insurance naming
both the Owner of Tract A and tenants thereon, and the
O,,ner of Tract B -C, and tenants thereon, including any
beneficial interest thereunder, for coverage of the Ease-
ment Areas. The policies of public liability insurance
shall have aggregate limits of liability in the amount
of not less than One Hundred Thousand Dollars ($100,000.00)
for bodily injury to any one person; in the amount of
not less than Three Hundred Thousand Dollars ($300,000.00)
for bodily injury occurring in any one accident; and in
the amount of not less than Fifty Thousand Dollars
($50,000.00) for property damage. A renewal policy shall
be provided not less than ten (IO) days prior to the ex-
piration of any such policy. A certified copy of each
original policy or a certificate of the insurer evidencing
the insurance carried shall be deposited by the Owner of
Tract A with the Owner of Tract B -C and the Owner of Tract
B -C with the Owner of Tract A.
7. ALLOCATION. That in the event the common
area utility costs can not be separately metered for Tract
A and Tract H -C, the Owner of Tract A shall pay forty-five
per cent (45.) of the common -area utility cost, and the
25'6 69a
_ 2 -
.5576 00
Owner of Tract B -C shall pay fifty-five per cent (55%)
of said utility cost. All other Easement Area costs
shall be paid by the respective Owner. A real estate
tax assessment and statement shall be provided for Tract
A, and a real estate tax assessment and statement for
Tract B -C and each Owner shall be responsible for his
respective real estate tax and assessment obligation.
The cost of the public liability insurance provided for in
Article 6 above shall be borne -by the owners in propor-
tion to the area of rentable retail or cotamercial space
located on each respective Tract.
8. AMENDMENTS. That the respective Owners
of Tract A and -Tract B -C may not amend or terminate this
Agreement without the express written approval of any
holders of first lien mortgages or first lien deeds of
trust covering all or part of said Tracts, provided,
however, that such amendment or termination agreement
need not be consented to or approved by any lessee or
tenant of the Center. Any attempt to amend or terminate
this Agreement without the foregoing required consents
shall be null and void.
9. TERM. This Agreement shall continue for
a term of fifty (50) years from the date hereof or
until terminated as provided in Article 8 above.
10. COVELW4T. That the easements hereby
created, the restrictions hereby imposed, and the agree-
ments herein contained shall be easements, restrictions
and covenants running with the land and shall inure to
the benefit of, and be binding upon, the undersigned, its
respective heirs, successors and assigns, including, but
without limitation, all subsequent Owners and mortgagees
of Tract A and of Tract B -C and all persons claiming under
them.
11. DEFAULTS. That each Owner has the right,
without obligation or duty, to cure defaults on the part
of any Owner and the party curing such defaults shall
have a lien over the defaulting Owner's property interest
for any amounts expended to cure a default, such lien to
be, subordinate to any first mortgage or first lien deed
of trust on the defaulted Tract. The right to cure de-
faults includes injunctive remedies as well as rights to
expend money for the cost and expenses of any suits, in-
cluding reasonable attorney fees, with six per cent (67,)
interest thereon, as may be assessed against the default-
ing Owner.
12. TRUSTEE. This Declaration of Easement is
executed by Transamerica Title Insurance Company of Celcradu ,
not personally but as Trustee as aforesaid in the exarcis�
of the power and authority conferred upon and vested in it
as such Trustee and said Corporation hereby warrants that
It possesses full power and authority to execute this: irstr.:-
ment and it is expressly understood and agreed that nothing
cie
2576 701
herein shall be construed as creating any liability on
the said Corporation personally to perform the terms
and conditions or pay any indebtedness accruing here-
under, or to perform any covenant either express or
implied herein contained (iC being understood and agreed
that each of the provisions hereof, except the warranty
hereinabove contained in this execution clause, shall
constitute a condition and not a covenant or agreement,
regardless of whether the same may be couched in language
of a promise or covenant or agreement), all such liability,
if any, being expressly waived by every person now or
hereafter claiming any right or security hereunder, and
that so far as the Owner and its successors and said
Corporation personally are concerned, any mortgagee and
the owner or owners of any indebtedness accruing here-
under shall look solely to the premises hereby conveyed
and the rents, issues and profits thereof, for the payment
thereof, by the enforcement of the lien hereby created.
IN WITNESS WHEREOF, Transamerica Title Insurance
Company of Colorado not personally but as Trustee as afore-
said has executed this Declaration of Easement on the
day of July, 1967.
TRANSAMERICA TITLE INSURANCE COMPANY
OF COLORADO
nuL personally, but as Trustee,
as aforesaid
ATTEST:
By
Vice President
STATE OF COLORADO )
) ss.
CITv AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before
me this day of July, 1967, by
as Vice President of Transamerica
Title Insurance Company of Colorado, a Colorado corporation,
as Trustee.
Witness my hand and official seal.
My commission expires:
Notary Public
4
ATTACEMEN i B
Balance of Purchase Price: The balance of the purchase price, $413,000,
will be paid as follows: In equal monthly installments of $3,325.00, the
first payment to be made on or before the fifteenth day of January, 1974,
and payments to be made on or before the fifteenth day of each month there-
after, through and including the fifteenth day of December, 1988. This
figure is equivalent to the payment to be made on -a Note in the principal
sum of $413,000 bearing interest of 8-1/2% per annum amortized over a 25
year period. Fifteen years from the date of this Contract, December 15,
1988, the remaining balance of the purchase price is to be paid in full
along with any accrued interest thereon. That remaining balance plus
interest is to be computed in the same manner as if a Note with the previously
stated terms had been executed.
It is understood and agreed that the Buyer hereunder shall have the
right to prepay the entire balance of this Contract plus any accrued
interest thereon, at any time, without penalty.
_ Buyer agrees to pay in addition to and concurrent with the payment o
monthl}r-Listallments of this Contract, an amount equal to an estimatecL - 2th
of the annu411- -axes and assessments levied or to be levied again, r,a property nn��
covered by this act and 1/12th of the annual premium o 1remiums that will
become due and payable insurance against fire and_nZ41Vr hazards which may
reasonably be required by tit `ller, in amounts fi€f in companies satisfactory l�
to such holder. If the total amo-b5Lt�_of thy---Fayment actually made by the Buyer '11j
herein shall exceed the amount of pay made by the Seller for such taxes j
and insurance, such excess shall _br'creditee 1:y, the Seller on subsequent pay-
ments of the same nature to_-b�made by the Buyer ---4_f,. however, the monthly
payments made by the _pr shall not be sufficient to-powy_taxes and insurance
premiums when the-es;1me shall become due, then the Buyer stia!-.ipay to the
Seller any_,arunts necessary to make up the deficiency on or be?ys _the date
when payments for such taxes and insurance premiums shall be due`'ai_
Ipisaa. ---- -- -- — -- _-� `- j
C
1W
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924300 BIT OCT -5 M 11: 41
10"01
Jollerbos Slata of*10888-5
Bat 1. W
3080 '72_
ASSIGNMENT OF CONTRACT RIGHTS
Tt,ae Aoreament entered into this 3d day of SQt0,4--
1977, between HOMER.HOBLE, individually, and GAYNO, INC. hereinafter
referred to as the "Sellers" and RW INVESTMENTS Co., hereinafter re-
ferred to as "Purchaser".
WITNESSETH:
In consideration of the sum of Six hundred thousand dollars
($600,000.00), seller hereby assigns, quit claims, and transfers all
interest in the certain Contract of Purchase dated the 13th day of
December, 1973, and recorded in Book 2596, Page 693 of the records
of the Clark of Jefferson County, Colorado, a copy of which is attached
hereto and marked Exhibit "A". That the Purchaser shall be entitled
to all rights and be responsible for all liabilities as provided in
9!� said Contract dated the 13th day of December, 1973.
yfL = ti This Assignment is subject to the Leases in possession as of
the date of this instrument.
cPurchaser agrees to assume the balance due on the purchase
of said property in the amount of $391,909.64.
The legal description of the property covered by this Agree-
ment is as follows:
The West 1/2 of the N.E. 1/4 of the N.W. 1/4 of the
S.S. 1/4 of Sec. 23 in Twp. 3 S and Range 69 W.
of the Sixth Principal Meridian, in Jefferson County,
Colorado, except the N. 30 ft., in use as W. 44th Ave.
except the East 25 ft. in use as Upham Street, and
except the East 125 ft, of the North 130 ft. thereof.
(Shown as Tract A on Attachment A hereto and made a
art hereof.) known as- 7360 W.44th, Wheatridge, CO.
CAXlllj); t �y RW INVESTMENTS CO.
t, sac. STATE OF COLORADO )es
' COUNTY OF #0yxNeg )
HOME. NOBLE }}�� ivi ua t. r O vy
SUBSCRIB$0 ,SWORN TO before me this 30th day of 9ept,•+197 b{(
Homer Noble, President of 'Gayno, Inc. tin P. Millet„i,1i((f,,ete! ?t,f
and Homer Noble, individually. 1,�.. i:” s"9 44 :•oi
NOTARY PUBLIC C•
' qr{y
MY COMMISSION EXPIRES: 10/20/77 .1�1..�'
3080 1723 ".1,
f�.
lu31V/"I 3080 730 "' "7 o'
MWA.srwn aaQ aawtMtlm C _ - - j' 1 same a
�`_'I�4 �, epltNt
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r' a�+Y�a�aYMMwrwlM+iwlwr rwr4• ar-
' REAL ESTATE CONTRACT -INSTALLMENTS
R to AGR®Mfg -- -rdaY uses!_ G"19L, by ma hN w. UodaRMItera
International. Inc., a T.aneaees tror ration, and= L.M a 135 uaa a
U_xx, Ole
mmmudwskimm and
n
7M1 16 swkn. @114 Nil coshael po.idad,b aqua wY b ow %"M, WA lis &ryes 6 land... of
Pwatlw. heeby some .0 Nr SaBws Ze , 16a $'aortej dwa8r,d «talo dwed 6 t4 Cee, of
Jefferson Stam of 1iiIF. The Mast N of the N. /l o" the N.Y. k of the
a.Q. k of Sect. 23 In Tllp 3 8 and fsn8a 69 M, of the Sixth Pr i Naridion, in
Jeff.reoe Coorty, Colorado, except the Y. 30 ft., in vas as M. Nt --p—Me
Bast 25 ft. In use as Upham Street, and except the East 123 ft. of the North 130 ft.
thereof. (Sham " Tract A .m Attachment A attached berate and made a part hereof.)
Subject to thy"gas act out in fxbibit "A" attached hereto and lade a part hereof.
Further subject to the samewent described in Bxhibit "B"1 attached hereto and cede a
pert Mraof.
mpalllr W* airy ;wallahs sad M ANd al6lw f tlMlelo. bol .1% Iarh a—vo am and e.wpUoro of f& w
r�oY b blbw doted, sod ceto6 panoral 11 and sl "Nf be bwele dl.xdbad a Y and a an HM«iwd fid h at.
6thW MmW and aw6d "ra66ll C" VA to cry " prwaal pmprly, a SmwHy 6f " I mbi am" #msto. as
owudad by f4a Ueda- Clr.werW CW , .1 upon Nes trap a"d aadlSow 0,& 1 iq:
I TRA RmwMw saw w _.ft+l ASA- DOD p,ey,a 375 falli"a Need M. N.
C Aar Q�aAe_ r.ann •�rp M r YY..
WWW TATe1M1 I 95_ non on" op _m" ■ lee asallalaalert W
Pt 96LAM OF waeuw wI1L 1 - d r I...r .. e
(W «n• « rr Y .r+rW Y IY ►mer• M M 1«I erre M ar w.a+•Il M r Irl«. d be V
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ry M irrrW Y w ...r.r. a a+ M.•a.•.aI •. r Neo w ..M w .r.. w
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W Nre1M WrHl..aNM MI+AaW WW-e...rVwewY %a•. ..�•+�..IMI.Y•r•.MM
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it ..OJ -re r✓Ne M YM� M.. �I, r Y•rW �k Ya.n, •.' W ....Y W M.w Yr fNin
.V W
(Sae Attachment 8 attached hereto and wade a part hereof.)
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sTATZ Of COLORADO )
se.
CITY AND COUNTY O8 D8Nv9R )
On th1■ 13" day of December, A.D. 1973, before me, the undersigned,
a Rotary 8ob1le la end Ser the state of Colorado, personally appeared
Homer Noble !o ma knora !o ba the 14ant1Cal person named and who executed
iba watbia sod Soregolaq lastraasnt, end ackaowlgdgad that hs erecnted
the samr ag his .vol nate ry act and dead.
Witnss■ my hand and offloial goal.
Joy Commission farplrea.
y
•r°f�bf�.,Do..lcXe 141971 <•
Notary eubiio
2576 694
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r . 11090 731
2576 G9,;
2S'7f; 696
Azl•ACIllam A 3486 732
Frad.,,, <.A•.,,., fao.fl' u,bo., .r/.ref t-�..... -
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act the Weat 5 of the N.E. k of Cha
-ink
o[ the S.E. k of Stet. 23 to rip 3 S and
r e 69 W, of Cho Sixth Prineipel Neridtax, in Jeffareon County, Cetorado, encopt the H. 30
It.. in use •te W. Goth Ave. except the Soot 25 ft. in we as Upbeat Street, and except the Seat
123 ft. of the North ono hundred thirty foot thereof.
Tcatt S. The E. k of Clio N.W. t of the N.W. k of the S.¢. k of Seat. 23, to 1bp. 3 &, etd
Rooge 69W. of t"Sixth Prin. NarLdtao in Jefferson County, Colorodo, except the N. thirty
feet. I% %;e
■s W. 44tb Ave.
nt[ . Tia N. 33 ft. of the F. tvo-fifths of thi W. k of the HWk of the N.W. k of the 8.9.4
Of Seet. 23, in Tvp 3 South and Range 69 W. of the Sixth Principal NerLdlon, to deffereon
Couoty. Colorado, axoept th. W, forty (see thereof, that Its in Wadsworth Blvd.
ATUCHl W A 3080 '732.
B -P 44th s Wadsworth
839403 (°'' DEC 20 N 9 55 w)arlt Ridqe, Colorado
11/26/76
�.axo►7 ,IfijIm-n SI a IQ u1C
�x�►7 I IN
d94a ti9'7
MEMORANDUM OF SHOPPING CENTER LEASE
THIS MEMORANDUM OF SHOPPING CENTER LEASE is entered
into as of the �i.�— day of
between JAMES W and ELLEN V PINKARD, husband and wife,
(Landlord), and ALBERTSON'S, INC , a Delaware corporation,
(Tenant)
1 Premises Landlord and Tenant have heretofore
entered into a Lease dated as of November 3, 1976, (herein-
after called Lease), whereby Landlord has leased and Tenant
has hired, and Landlord does hereby lease and Tenant does
hereby hire, those certain premises in the City of Wheat
R_dge, County of Jefferson, State of Colorado, described in
the Lease ("Leased Premises") which ,remises are a part of
the Shopping Center described in said Lease and more particu-
larly described in Schedule I attached hereto
2 Term The term of the Lease is for a period of
twenty-five (25) years The Lease commences on the earlier
of (a) that time when the improvements required to be con-
structed pursuant to the Lease have been fully completed and
Tenant's Building has been delivered to and accepted by
Tenant for Tenant's exclusive occupancy, (b) the date Tenant
opens for business on the Leased Premises, or (c) thirty
(30) days following the date Landlord has substantially
completed all Remoael work required by the Lease to facili-
tate the orderly setting in place of the equipment and
fixtures to be supplied by Tenant, provided Landlord has
substantially completed within such thirty (30) days, all
other Remodel work not dependent upon prior work by Tenant
The thirty (30) day period set forth in the preceeding
sentence shall be extended for the period of any delays
experienced by Tenant which are beyond its control The
4940 297
2940 298
Lease terminates on the last day of the calendar month
during which the twenty-fifth (25th) anniversary of the
Lease commencement date occurs
3 01,tions for Renewal Tenant, at Tenant's option,
in accordance with the terms of the Leaser may extend the
s
term of the Lease for six (6) separate and additional periods
of five (5) years, each on the same terms and conditions,
except length of term, as the Lease
4 Common Area The Lease provides as follows
A All those portions of the Shopping Center upon
which buildings cannot be built, as hereinafter provided,
shall be Common Areas for the sole and exclusive joint use
of all tenants in the Shopping Center, their customers,
Invitees and employees Landlord hereby grants to Tenant,
for use by Tenant, Tenant's customers, invitees and employees
the right of such use of all the Common Areas, the Easement
Area and any enlargements thereof In addition, Tenant
shall have exclusive use of those portions of the Common
Area to the rear or side of Tenant'a Building (as such
Building may be subsequently expanded) which are reasonably
necessary for loading docks, trash enclosures and other
service facilities, but tenant shall not thereby impede the
movement of motor vehicles past the rear or side of Tonant'a
Building With landlord's consent, Tenant may, from time to
time during the term hereof expand Tenant's Building into
the 'Expansion Area' shown on Exhibit A
B During the initial construction and remodel of
avery portion of the Shopping Center, and thereafter during
the entire term of the Lease, the sizes and arrangements of
buildings and on-site improvements, including, without
limitation, service drive„ parking areos striping, traffic
directional arrows and signs, concrete bumpers parking lot
-2-
�9�i0 23B
,e940 299
�lifihting, perimeter walls or fences, and irrigated landscaped
areas and landscaping will not be changed from the sizes and
arrangements shown on Exhibit "A" (or as initially constructed
or remodeled, if such are not shown on Exhibit "A")
C Areas designated "Leased Premises", "Expansion
Area", "Future Building Area", "Building Area A" and "Future
Shops' on Exhibit "A" represent the only areas on which
buildings may he located in the Shopping Center All areas
shown as "Expansion Area' and "Future Building Area" upon
which buildings are not constructed, either because of the
requirements of the Lease ox because of governmental regula-
tions or requirements, or for any otner reasons, shall be
developed and maintained as improved Common Areas No
eonstructxon shall occur within the Future Building Area
adjacent to the Leased Premises without the consent of
i
Tenant and without providing alternative truck access to the
rear of Tenant's Building from 44th Avenue
D There shall he no doubledeck parking in the
Shopping Center No portion of the Common Areas, except
reasonable portions of sidewalks shall be used for the sale
or display of merchandise No building shall consist of
more than one-story plus up to 3 000 square feet of mezzanine
or exceed twenty-five (23) feet in height
F if the Shopping Center is expanded by Landlord,
or through agreement between Landlord and a third party the
following shall apply
(a) all of the provisions of Paragraph 5 below
(Shopping Center Use ReStrlCtlonS) with respect to
the Shopping Center and the Leased Promises shall
apply to such expanded area (except that a re".aurant
shall be allowed in such expansion area outside
-3-
1940 2ss
1940 300
three hundred (300) feet from the Leased Premises
and except that a bowling alley shdll be allowed
in such expansion area outside three hundred (300)
feet from the Leased Premises if such faces 44th
Avenue), and
(b) the Common Area to Building Area ratio
shall conform to all then existing applicable
governmental requirements without variance
At Tenant's request, Landlord s,all enter into an Amendment
of the Lease and a memorandum of Lease to substitute a
Schedule I and Exhibit 'A" which describe and show the
Shopping Center as expanded
P At Tenant's request, Landlord shall use all
reasonable efforts to keep unauthorized persons from using
the Common Areas and, if reasonably required by Tenant,
construct a fence or barricade along one or more of the
auundaries of the Shopping Center or provide a patrol service
5 Shop uinn Center_Ose_Aestrictions. Tie Lease provides
as follows
A No part of the Shopping Center other than the
Leased Premises shall be used as a supermarket, (i e a
store or a depart.nent of a store containing at least 10,000
square feet, i-cluding aisle space and storage, primarily
devoted to the retail sale of food for off -premises consump-
tion), nor as a bakery, nor for the sale of fresh or frozen
meat, fish, poultry or produce for off -premises consumption
B No part of the Shopping Center shall be used as
a bar, tavern adult book store, gym massage parlor auto-
motive repair facility or dance hall
C No part of the Shopping Center shall be used as
a theater bowling alley, skating rink Sitdown Restau,ant
having more than 2 500 square feet, tr3lning or educational
4940 300
Z940 301
facility, entertainment facility, car wauh or for the renting,
leasintl or sale of or displaying for the purpose of renting,
leasing or sale of any motor vehicle or frailer
D No restaurant, bank, or other facility featuring
vehicular driveup or drive through customer service shall be
located in the Shopping Center unless Tenant has first given
Tenant's written cnnsent, which shall not be unreasonably
withheld, to the location, park(ng and dxivc lanes of such
facility
E As long as the Leaned Premises are used for
retail purposes, no portions of the Shopping Center shall be
used for industrial or warehousing purposes
F If any term or provision of this Paragraph 5 or the
application thereof to any person or circumstances shall to
any extent be invalid and unonforceable, the remainder of
this Paragraph or the application of such term or provision to
persons or circumstances other than those as to which it is
invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Paragraph shall be valid and
shall be enforced to the extent permitted by law
6 In the event Tenant assigns or sublets the
Leased Premises to other than a supermarket or super drug,
the provisions of this Paragraph 5 shall be without further
force and effect
6 Signs The Lease provides as follows
A The exishinq Gem Department Store sig1i pylon
shill be used by Tenant and not more than two (2) other
tenants of the Shopping Centex who each ovcupy at least
15,000 square feet of Shopping Center space The costs of
installation and hook up of designations on such pylon sign
shall be borne by each entity designated on the sign on a
basis in accordance with the size of each such—tity's
2940 2'31
Z940 302
sign The sixes style and design of such sign shall be
first approved by Tenant Landlord shall. maintain and
illuminate such sign and the cost thereof shall be included
with -n the costs of Common Area maintenance
B Tenant may, at itsown expense, erect, maintain
and illuminate a sign on 44th Avenue in the area designated
"Albertson's Sign" on Exhibit "A" Such sign shall also
initially include a "Skaggs" designation The legal right
to place such sign on 44th Avenue shall be obtained by
Landlord, at its expense
C No free-standing sign shall be placed on the
Shopping Canter except as shown pn Exhibit "A"
7 Use Restriction Upon Cancellation The Lease
provides that if Tenant terminates the Lease for the unexcused
failure of Landlord to submit plans and specifications,
commence construction or Complete construction as required
by the Lease, no portion of the Shopping Center shall be
used as a food market for a period of one `11 year from the
date of such termination The restriction survives the
termination or the Lease Under the terms of the Lease,
Tenant is given no right to become the owner of the Leased
Premises
S Operation Under the terms of the Lease, Tenant i.
not obligated to operate an Albertson's supermarket or any
other business during the term of the Lease, but shall be
obligated to pay minimum rent until the expiration or termina-
tion of the term and the renewal options, if any
0 Lease Incoipoiated All the terms conditions and
covenants of the Lease, which may be inspected at the offices
of Landlord at James W and Ellen V Pinkard 1075 South
Yukon, P o Box 26227, Lakewood, Colorado 80226, or the
offices of the Tenant at 1623 Washington Street, Boise,
-6-
944 '142
*820 303
Idaho, 83726, are zntorporated herein by this reference and
are binding upon and inure to the benefit of the successors
and,pssigns of the parties
LANDLORD
II lj J
By l
By,_ / r
TBNMT
ALBERTSON'S, INC ,
a Delaware corporation
(
SBniQls' bce Pres t
BY
�h r� Sher orY
J G.f
-7- '_940 303
4940 ins
S1A11_ 01' IDAHO )
LounLy A Ad. )
On th" JbIl-) Illy nr � �1 _ lv-1c hLrntL III_
11IL undo stl,ucdJJ .V 1'40111 ly. I�UTALL In n�,�(tlu�t sR�ldq')tdJt�L, pnt,l ..-Illy 7
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II nIc Inuull 1, Lha Sa.n IOI VIIL I'I 1-111nl 1.111 at Ltll
1LapLLLI: LIy Ot Al I$Lli !SON'S, MIC t11L-L1;, ltlon thallll Ll ull I
Lha iulatn urI-,f I wnl uL tad as lain.. 1, 11 -1 lu nu Lhlt tha nd ".,Lt "
HI—L Ib Litt, fl k. tnd vOlu11Luy ILL'Ind d—d of bud anld la,lafurrt, ful
lhL uv, Ind 11111 post Lha 14 In u1C1111uul Ind 111) 0111] IItL11 OIL ILL? IL
authollzLd to tN—nla Lha. , Lid ul,ttunxuL lud LhLI thL bLdl IICINLA n LhL
L u, put alc "'l of ,ud unp—ttmr
�.,*WINLSS MY HAND Ind ufflual , Iki LI it to LLfLXLd Lhc lily, .Mach
jtlftrytiOn tht, a tLlfu. tic LII t tbuva. wlltfan
SMI t��,�1111jlbSta111 LYI),I LS
9 r3,eoIM lg Q1) E.pl— Bolella Idaho 6370.
uy I7 tei8,
tJ ,h 1 y PubL m and Cur ILL SLa r i_.�d Ll n
ltcbtaltnl, at 13u1bc Idaho
STATE
_ On t] %/_ _ dal Of/� ,_LtRf I°7,�_. befurL- me the
w et °If�9-d1 fS`n YLhhc m ul I0r —W Still. pt•• /r..on Sl appeal ad
aId r,s . .LCSlG k.,.,n to
he t,cr ^ ,- �aI meG at :a 1,s uLul to the , LLhrn urs. uma-1)t
and acknu led_cd tusnu. Ifhat rt Ile; LIL 'died the bamc
10 R 11 ♦._SS 'l ILC4LOF I haac hLluu,to —, nl) hand and aff lard
m offlual s—L lc d -q .uvl year ur this Iutlf late CII sL aLoac Wv lttcn
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,:940 304
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The Sl pp -g Ccnle , "'1", „Bed is
I nt l n Paik Vet w Co I a haaa un plu -Ip i, uu dl.d in Plal l3uok 30
paha 5 County or Iorl, ,yon 51,16 of C. dol ldu
4940 ,305
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Z940 306
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4940 307
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Grp G. "JH AYE
W��hllIt l ---:0 rr/
2t� 4e-17- 4A, Ye ,o/safib '49do 3ti7 int s•
9 D 7 D 2 3 r) a R47 - wheat Ridge
I !heat ludgc Colorado
.amip B! ft'; S,alnalt/oi/77 eu
.i(}?+•i� Recorecu ,h 3052
1.9 IL r
FIRST AMENDMENT TO LEAST+
TIIIS FIRST AMENDMENT TO LEASE (the "Amendment") is '
executed this let day of August. 1977, by and between >=5:. '•
J41ES W. and ELLEN V. PINXhRD, husband and wife ("Landlord")
and ALBERTSON'S, INC., a Delaware corporation ("Tenant").
RECITALS:
A. Landlord and Tenant previously entered into that
certain Shopping Center Lease (the "Lease") dated November 3,
1976, a memorandum of which Lease was dated December 3,
1976, and was recorded with the clerk and recorder of Jeffereon
Cnunty, Colorado, as document 839483 recorded at Bcok 2940,
Page 297. The Lease Commencement Date, as defined in para-
graph 2 of such memorandum. is April 13, 1977_
B. Landlord and Tenant desire to amend the Lease ih
certain particulars to a low, among other things, the oc*-upancy
within the Shopping Cent.r of the Wheat Ridge Beauty Coll"ge,
the construe Lion of an exclusive parking area for vrhicles
of the United States post office, the expansion of the
Common Area of the Shopping Center, amendment of the Con-
demnation paragraph n_ `he Lease, crea=ion of a second
access onto Wadsworth Boulevard and revi51nn of Exhibit "A"
and Schedule l as originally attached to the r.casa.
C. To accumplish the £oru�tuing, the parties do hereby
amend the Lease as hereinafter set forth.
AC,uerMP.NTn :
1. Legal Description. Schedule I ar.tached Lo the
Lease, which contains a legal description of the "Shopping
=�d 3052 91
e)'
3052 ,z
Center" as defined in Section 1.3 of the Lease, is hereby
Y. -.. amended to be the Schedule I as is attached to this Amend-
ment.
2. Site Plan. Exhibit "A" attached to the Lease,
which constitutes a site plan of the Shopping Center, is
hereby amended to be the Schedule n as is attached to this
Amendment. The "Future Building Area" shown on the original
Exhibit "A" which was north of, and contiguous to, the
Leased Premises has been deleted and such area has now
become additional "Albertson's Expansion Area" as shown on
Exhibit "A" attached to this lunendment.
3. Building Areas. Section 7.3 of the Lease is
hereby amended to read in f'til as follows:
7.3 Areas designated "Leased Premises", "Expansion
Area", "Building Area A", "Skaggs" and "Shops" on
Exhibit "A" represent the only areas on which buildings
may be located in the Shopping Center. The "Expansion
Area" shown on Exhib_t "A" shall be develnped and
maintained as improve Common Areas until buildings
are built thereon.
4. ins.
4.1 Section 9.1 of the Lease is hereby amended to
read in full as follows.
4.1 The existing Gem Department Store sign pylon (shown
as "Shopping Center Sign" an Exhibit "h") shall be used
by Tenant and other tenants of the Shopping Center.
The costs of installatiun and hook up of designations
on such pylon sign shall be borne by Landlord and
Tonaut in accordance with the size of the designations
placed by each party on the sign pylon_ The size,
style and design of all designations shall be first
approved by 'tenant. Landlord shall maintain and
illuminate such sign and the cost thereof shall. he
included within the costs of Common Area maiu�.•i.auc�•.
Notwithstanding the foregoing, however, it is under-
stood that Laudlu_'d may, without obtaining Tenant's
consent, place not muse. than six (5) and not less than
three (3) co -tenant designations between the strnctural
pylons of such pylon sign provided (i) such designa-
tions are uniform in enlox and lettering (i.i) such
designations match the color scheme of the Skaggs -
Albertson's designation on such pylon sign, (iii) only
a 'elvel, ica latter style is used, and (iv) the total
sgl.are footage of all such co -tenant designations does
not exceed 55 square feet.
-2-
3052 92
3052 93
4.2 Section 9.3 of the Lease is hereby amended to
rend in full as follows:
9.3 No fret -standing sign shall be placed on the
Shopping Center except for the signs described above
and except for one pylon sign to advertise and designate
the accup,ant of the Pizza Hut building area as shoem on
Exhibit A". Such (Pizza Hut) pylon sign shall not
exceed 24 feet in height or contain more than 68 square
feet of facia per side and the design and style of such
sign shall first be approved by Tenant, which approval
shall not be unreasonably withheld.
5. Beauty College. Section 14.3 of the Lease is
hereby amended to read in full as follows:
14.3 Wo part of the Shopping Center shall. be used as a
theatre, bowling alley, skating rink, Sitdown Restaurant
having more than 2560 square feet, training or educa-
tional facility, entertainment facility, car wash or
for the renting, leasing or sale of or displaying for
the purpose of renting, leasing or sale of any motor•
vehicle or trailer. Notwithstanding the foregoing
however, the Wheat Ridge Beauty College may occupy that
portion of the Shopping Center marked "Beauty College"
on Exhibit "A". Such Beauty College shall not open for
business, however, unless and until "Parking Area A"
shown on Exhibit "A" has been completed as improved
Common Area containing at least 80 parking spaces for
use by such Beauty rnllege. Parking Area A shall not
be deemed completed lir the ourposes of this Section
14.3 until such Area as been asphalted and striped to match
the remaining parking -.rens of the Shopping Center, such
Parking Area has beer adequately lighted and the boundaries
of stuff: Parking Area nave been appropriately fenced to
prevent use by unauthorized persons. if Parking Area A
has not been completed as herein described by the time
the Beauty College opens for business, Landlord shall
provide improved and striped temporary parking for
fifty -fire (55) cars in the area marked "Temporary
Parkiugli on Exhibit "A" (to the North rf the leased
Premises) until Parking Area A is so completed. Such
temporary parking may continue throughout the term of this
Lease if Parking Area A is not acquired or completed.
6. Condemnation. The following paragraph is hereby
added as a new Section 16.5 to rhe Lease immediately following
Section 16.4:
16.5 Notwitbstanding anything to the contrary contained
in this Article 16, a street widening of Wadsworth
Boulevard, which takes up to 30 feet of Lhe Shopping
Center fronting on, and parallel Lo, Wadsworth Boulevard,
shall not be considered a condemnation under this Lease
which would allow Tenant to cancel this Lease so long
as (i) the entrance and exit points and traffic lights
required by this Lease are maintained and (ii) the
building to parking ratio is not thereby reduced to
less than five (5) parking spaces For full s.ze American
autumobile for each one thousand (1,000) square fact
of building area in the Shopping center. as such
Shopping Center was so constituted on August 1, 1977,
305: 93
-3
-01 30bS > 91
(excluding, however, malls, exterior sidewalks and the
exclusive parking area for post office vehiclosl
Tenant further agrees that so long as there is a first
mortg„ge or first trust deed encumbering the leased
Premises, if this Lease is terminated by Tenant as a
result of any condemnation herein described, then
Tonant's right to receive that portion of the con-
demnation award for purchase price in lieu thereof)
attributable to the value of Tenant's leasehold estate
which is in excess of any award for Tenant's Fixtures
and personal pi :i..qrty and improvements made by Tenant
shall, be subordi:.ate and subject to the first mortgagee's
right to recover out of such portion or Tenant's con-
demnation award, the unpaid balance of that portion of
mortgagee's loan attributable to the Lca.cd Premiscs
(but not including any rcfinancings or prepayment
ponalties), but only after Landlord's total award
has been utilized in full to retire such first mortgage
or first deed of trust. In the evenL a portion of
what would have otherwise been Tenant's award is paid
to the first mortgagee pursuant to this Section 16.5,
Tenant shall, to such extent, be subrogated in plane
of such first mortgagee and have the same rights as
such first mortgagee to collect such portion from the
Landlord.
9. Successors; Limitation of Amendment. This Amendment
shall be binding upon, and inure to the benefit of. the
successors and assigns of the parties hereto. Except as
specifically amended h, -ein, the Lease shall remain unaltered
and in fad.1. torce and effect_
EXECUTED as of the date first above written.
LANDLORD:
J _
E en V. Pi.n�Ca rd"
UM
TENANT:
ALH6R'.•SON'S, INC.,
a Delaware corporation
.r �.
enior Vice Preen t
l-
3057 94
1052 9S
STATE OF T0A110 1
) ea.
County of Ada )
On this day of �����. 7' , 1977,
before me, rho undo rsigned, 1 Motafjy� ('aib�i99iu nd Cor said •+ ;.�
St t parsona)_lY - ppuiarod ! Is!eGY`
am ,� / /�, .. .•_;�—, to hy, known to bo the
Senior VT—00 Fresadnnt and Secreta.W, rospectively, of AT,BERTSON'S,
INC., the corporation that executed the foregoing instrument,
and acknowledged to me that the said instrument is the free
and voluntary act and deed of said corporation, for the uses
and purposes there'.n mentioned, and on oath stated that they
are au Lhorized to executa the said instrument and that the
Heal affixed is thu corporate coal Of said corporation.
WITNESS MY RMM and official seal hereto affixed the
day, month and year in this certificate first above written.
commi_ssion cxpires:...,.:..,Y.
14
.p
- -. ---
Lary ubl c in and for the
State of Idaho.
•'p�-1-` a :'
Residing at Boise, Idaho.
Arr ( ora((i�c: !
Co., Ly 01: 431 &W -e )
On this Gl Ik._ day of �Ij :{u4
be Core me, Lhe undersigned a Nr, ry PRbl'c ,` :n and for said
State, uersqn�} 1y ap)peared
andY;,,� known to me to --
Y4-the persuns whose names are subscriLed to the within
,,N-. .,•.•1.(i�Fumen t, and acT-nuwledycd to me Lira L- they exr:cV Led the
- samc�i-
- •. ,1N: WITNESS WNEIi?OF, 7 havo hr.reunto set my hand -11 O3pryf��i kyr} my utLicial seal Lhe day and ycar in this; ��er Lifica to
?r• Yirs0pbuvc N'LiLLen.
ar , o
CA" commission expire,::
ylpict,.12
Notary Ppb -i in and 1" 1: the
Scale of ! )L j _
I?esidin9 nt _`r_v. c=% -r 'r,:1i •�u�iu..
3052 95
0841 - Wheat Ridge
Wheat Ridge, Colorado
'1052 9G
SCHEDULE I
The Shopping center is described as follows:
Parcel 1;
Lot 1 and Lot 2 of Park View No. 2, Jefferson County,
Colorado.
Parcel 2 i50' ensemen L):
Commencing at the Northwest corner of Park View No.
2; thence Easterly along the North line of said Park
View No. 2 290 feet to the True Point of Beginning;
thence Northerly and parallel to the North-South center-
line of Section 23, Township 3 South, Range 69 West
543.12 feet; thence on an angle to the right. of 45
degrees 96.26 feet; thence on an angle to the left of
45 degrees and parallel to said North-South centerline
of. Section 23, 20 feet to a point on the South Right
of Way line of West 44th Avenue; thence Easterly along
said South Right of Way line 50,01 foot; thence Southerly
and parallel to the North-South eentt;rline of said
Section 23, 40.82 feet; thence on an angle to the right
of 45 degrees 96.26 feet; thence on an angle to the
left of 45 degrees and parallel to the North-South
centerline of said Section 23, 521.66 feet to a point
on the North line of said Park View No. 2; thence
westerly along said North l.i.ne 50.01, feet to the True
Point of Beginning, Je_terson County, Colorado_
Parcel 3t
All that part of the Northwest 1/4 of the Southwest.
1/4 of the Southeast 1/4 of Section 23, Township 3
South, Range 69 West of the 6th P.N., described as
follows; Commencing at the Northwest corner of the
Northwest 1/4 of the Southwest .1/4 of the Sou Lheast
1/4 of Section 23; Lhence East along the .4orth -line of
said Northwest 1/4 of the Southwest 1/4 of the South-
east 1/4 of section 23 347.85 feet to the True Point
of Beginning; thence continuing East along said North
line 310.03 feet to the East line of said Northwest
1/4 of the Southwest 1/4 of the Southeast 1/4; thence
South along said East line 132.25 feet; iberce West
254.00 feet; thence North 101.35 reetr thence West
25.13 feet;. thence Northwesterly 43.7 feet, snore or less
to the True Point of Beginning.
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vZA
PIZZA HUr
R 121& --.?,
98
902347 igrr.t29 PR027
COUM7 01 dellorson State om Cc
ftwd" IN 304443
U.3. POSTAL SERVICE
LEASE
..IN O lrYce. STATION..eRAMM. ETC.
ICITY,COUMTI',ST*IITWA"OZIIICCM
Main Post Office Wheat Ridge, Jefferson, Colorado 80033
t.ThbLEASE,m,MandanwndNuoW, S1xteHlth- dgof June -- - 1977 q,
Md ho. James N. Pinkard and Ellen V. Pinkard, husband and wife
mlMts tore *» Lollar.
Pmlowaddl.wfs P.O. Box 26227, Denver, CO 80225 (telephone 303/985-4655
for UM, and LINWI Polls, woolto ,wild%% r%NweaoaN. Md SWVW mo U.11,1Md sols roles/$—Iol, 1-1.dw tors IM tb,wl
a,Ka:
tom,ESS"MTh. nutta nww fs th. Mdd—d-hM.61i1u—doWd OtAlItIMMI OW Willut.It.wc
2 TM Lr I -,*y han to *Io inti! and= Ow Wk—Ale d,.vw.d wR10/N. Ilk:
All that certain property located -at 4210 Wadsworth Blvd., Wheat Ridge. .
Colorado. being the southwest corner of the Time Square Shopping Center,
measuring 1031 X 140.51 plus 41 X 561 containing about 14,696 net interior
square feet, plus fenced parking for Postal Vehicles measuring approxi-
mately Bol X 1601 (less 450 corner cuts, per drawings) plus exclusive
parking for 35 employees along the south property perimeter and joint use
parking for customers in the large parking area in front of the shopping
center, as indicated on attached plan, Exhibit A more particularly described
as Lots 1 and 2, Park View No. 2
{
i TO NAVE AND TO NOLO des tod walhI wNr dMN allYuunoun fm+
THE TERM KOINN/NO ANPENwNP VYITN
ri%TALNVMpeROr YE ARS
July 1 l 1977 June 30 1947
Twen 20.
4. Tr. flellal Srdw IME wT fM Iles* M alwrrallwtdl:
_ 11ee Pared 1'4�! 23� ..r —Dob", s:.,
PRA" IIw I" MMAffmM at des wd el,adl towdw nwMll_ Rant for out of Iogdh "I M wonrd,
e. TM, fiat MW a Momwed, M 00 W Wn of doP.tu1 SM". M, dr r11NA" wmm old C.MePllba Iffm all at IM f ftft
.d I.fM
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N0. YEAR! IIO. YEA11s-r
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+• P.Odd,d Mdn MSiomin W&I"to ft Law, otW"_ML limbosan Uw rd o1 M, armSilM>•w lumpany I,Rwwm Nqe. Ae 0111M
wPn and ton MDM of this haw dwf:Iwiwal the MMI duriyM y towhM was WOM nerd sMrvAw two...
MF" 74:9
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3044 43 r'9' t al"
3044
4, The Lenon %hah furnish to the Pettrrr Sarviw urtdrt ttw taint of this facets, a$ Pal of /M notal tAratdsralr a, Me fobowtw:
All heating/ventilating/air conditioning equipment, electrical and
plumbing equipment as presently supplied and installed in accordance
with Form 74(10A attached and made a part hereto.
i
7. The LaWr %hall at hiatmense raced this kac in the Proper wordn.t office.
B. Tlu Pcsul Serwce may wbkt all 4 any Part of Me Prelates of *N%n thio kens but YIcI not be SwHewd from day obigatton unMr this
how by rsawn of Say Such wblolling or arMgnmtnt.
IL Tho Pmtut Service shall ht dw right to rreao ahwol;o , Bloch tittwna arta woo additions, swrturres or short In of upon The
hereby PralMm kawd IPiovided such aNeratem. addiliais, afnrrlaes a signs shall not be dstrimahgt to or inMAfittent with the rights Wmwd
to other lanwtts tt•% the tMnlrartY or In the buifdttg In ahith Hid p—niw$ are $Pat"; rwIdrh titwrsl. S"tichn or StructuM so Plead In. upon
Or atactwd to the raid werraft/ $hall be and remain the property of the Postat SO -Wee and rrlay be rwnowd ot nthw—N dhpaeA of by the
Postai Sanke_ Prior a explTatiat of tarmnation of this Man the Poattt Servlev shed, it required by the Una by notice in vlrf N Sixtif data in
advan" of Such taptration ee rtminaran, retwre 7th P.Mim th at ycod M"tlen aa.that oxitvky at the 11—t aahafna upon tlu was under
thil 00M raa$onab" and allmuy ,ora Sad nor and Clarrtwaa by the atatnanls or by eitcunauneoS own %%hieb .]e Portal Swvke IM rm Macros,
eacgnaL
10. lel This base P. -IT.
nni n nr m m theLatorwtwoevier thePoslalSS—ceflubd%eida mmove the
ol5ce intact6utltf4tg OWAdt4. 0+) Tor. Yaw mayr p..���ggg +�{ . i r a h. Pwul Serosa. hha
t;•.iyrth of ilu %ervim at til dlros rettdtrf atlditiaNl room rtaatsaV and ti th tabic sod wtlhtilAt
ad�hiael Umm m an additional renmi f ,tafactory m tlu Paakl Servka.
I'S From 7440
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�:�U.`� 56 g { 3555 jjlr auc -3 a3! 1¢ 4343,19 y' iitJ,,A
LVC twistyat.teflorsnsStrt+M&55S-3 4-,e`i11A
Recslsea W
301x; 25:3
nECLARATION OF EASEMENT
WHEREAS, JAMES W. PINKARD and ELLEN V. PINKARD arc
the owners and hnlders of Lots 1 and 2, Park View No. 2,
County of Jefferson, State of Colorado, upon which a shopping
centar has been constructed; and
WHEREAS, James W. Pinkard is the owner and holder of e
tract of land situate between the above described property and
West 44th Avenue; and
WHEREAS, James W. Pinkard has agreed to catablish an
easement over his property to provide ingress and egress to
said shopping center froii 44th Avenue,
NOW, THEREFORE, in consideration of thepremises and
other valuable considerations, the receipt of which is hereby
acknowledged, James W. Pinkard, hereby declares, establishes,
grants and conveys unto JAMES W_ PINKARD and ELLEN V. PINKARD,
their heirs, personal representativea, tenants, customers,
agents, employees, successors and .assigns, a non-exclusive
perpetual easement for ingress and egress over and across the
following described property, tc-wit:
Part of the NW 1(4 SE 114 of Section 23, Township 3
South. Range 69 West of the 6th P.M., described as
follows:
Commencing at the. Northwe:;t corner of Lot 1, PARK
VIEW NO. 2;
thence Easterly along the North line of said Lot 1,
a distance of 29a feet to the "RUE POINT OF BEGINNING;
thence Northerly and parallel with the North-South
centerline of said Section 23, a distance of 543-12
feet;
thence on an angle to the right of 45% a distance of
96.26 feet;
thence on an angle to the left of 45" and parallel with
said North-South centerline of Section 23, a distance
Of 20 feet to a point an the South right of ws} line
of West 44th Avenue;
thence Easterly along said South right o: way line, e
distance of 50.01 feet;
thence Southerly and parallel with the North-South
centerline of said Section 23, a distance of. 40.82
feet;
thence on an angle to the right of 456, a distance of
96.2fi feet;
thence on an angle to the Leff of 456 and parallel wjth
the North-South centerline of said Section 23, a
distance of 521.66 feet to a point on the North line of
Lot 1, LARK VIEW NO. 2;
thence Westerly along said North line, a distance of
50.01 feet to the. TRUE. POINT OF BEGINNING, County of
Jefferson, State of Colorado.
p.7
30,11; 253
i.54
James W. Pinkard agrees that the easement granted
herein may not be amended or terminated except with the
written approval of any holders of first deeds of trus*
or mortgages covering Lots 1 and 2. Park View No. 2, County
of Jefferson. State of Colorado.
IN b'IitdESS WHEREOF, James W. Pinkard has executed
this Declaration of Easement this day of --L(_.3,
1977. �
W Fnni`t'
STATE OF COLDRADO t
CITY ALIO COUNTY OF DENVER ?
The above and foregoing was acknowledged before me
--this `? day af.; _ 1977 by JAMES W. FURARD.
;WITNESS my hand and official seal-
,—mnissi.on expires
Notary !u is
-2-3()-'.t; 251
AFR-30-9? WELD i2:00 FM PHiLLIP C GAMS PC FAX N0, 303 863 5103 P u3
I RATIFICATION
44r" AND WADSWORTH LIMITED LIABILITY COMPANY, a Colorado limited
liability company, hereby ratifies that certain easement described in an agreement recorded
May 20, 1987, at Reception Nos. 87066226 a -id 87066227 (the "1987 Easement") and
confirms that 44" and Wadsworth Limited Liability Company is utilizing the 1987 Easement
rather than the easement described in Book 3046 at Page 253, said easement being more
Darticularly described as shown on the attached Exhibit E.
DAZED this 5OKday of April, 1997
F -
Z
W
2
O
Z
44r" AND WADSWORTH LIMITED
LIABILITY COMPANY, a Colorado limited
li:bly�
Br Gal�a,, r
l _
Ric Lard Engel, Manager
STATE OF }
} ss.
County of )
The foregoing was acknowledged before me in the County of
State of, _ _ _, this _ day of April, 1997, by Bruce Galloway, Manager
of 44'x' and lhadsworth Limited Liability Company, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF }
)5s.
County of )
The foregoing was acknowiedged before me in the County of _
State of _ this day of April, 1997, by Richard Engel, Manager
of 44°i and Wadsworth Limited Liability Company, a Colorado limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
14th Rd6f[dINO
RECEPTION NO. F0407439 11.00 PCaz 0001-002
210 RECORDED IN JEFFERSON COUNTY, COLORADO 5/01/97 16:21:03 \
+- CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
t
Slate of California _
County of Los Angeles _ _
_
On April 3_019_97 before
me, _Maral Samouelian
Owe
Names 1 idled Omcr wo.-JMeOm, Nolary PIAS
personally appeared Bruce Galloway
and Richard Eneel _
Nemeiel of 6lgne0)
2 personally known to me - OR - _- proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument
and acknowledged to me that he/she/they executed the
same in his/her/their authorized capacity(ies), and that by
�rt
r
his/heritheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the acted,
luwusarnouEulw
rtxwet.+tnik103t
�0-myco'",
person(s)
executed the instrument.
LOSANGaF3cou"El�A(ae(;.E1S197
WiTNE my h d d offLseal..
w s
siplim. el NONry PICC
OPTIONAL
Though rhe infomrarion below is not required bylaw. it may prove valuable to persons refying on rhe dacument and couldprevent
fraudulent removal and readachment of (his form to anther document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Individual
* Corporate Officer
Title(s):,
❑ Partner —17 Urnited ❑ Genera
❑ Attomay-in-Fact
❑ Trustee
C Guardian or Conservator
L Other.
Signer Is Representing:
Signer's Name:
C Individual
❑ Corporate Officer
Title(s): —
C1 Partner —❑ Limited ❑ General
❑ Attomey4ri-Fad
❑ Trustee
❑ Guardian or Conservator
❑ Other: _ _ _
Signer Is Representing
*-Nae dNmalyA wis5-19051iemawl Av F..0. Dw n61- C� PaA. CA 913047164 r-_ 5907 Reenter. Call Toll{lea 19a067B 1
907024;:r n:); f Prl )=Or: dl ul:la iq
!01957312 v ti 4.O a,:It A
;L'vwy nl A'11'r -, slatea!e+
3ecueetl !R
:1452 99
NOTICE Or LEASE
THIS NOTICE. 01' LEASE made by and between JAMES W.
PINKARD and ELLEN V. PINKARD, hereinafter called LESSOR, and
DENVER PIZZA INC_, hereinafter called LESSEE.
NI.TNESSMI THAT:
For and in consideration of the sum of Ten Dollars
($lu.UO) and of other valuable considerations paid by the
LRSSEF. to the LESSOR, the receipt and sufficiency of which
are hereby acknowledged by the LESSOR, the LESSOR hereby
demises to the LESSEE and the LESSEE hereby leasers from the
LESSOR upon and subject to covenants and agrcrmrrAts set
Earth in a certain Lease Aqreement betveen the LESSUR and
LESSEE dated Novonsber. 10, 1976, the premises described in
exhibit "A" attached hereto, and more commonly known as
3184 Wadsworth Boulevard,WheaLridge, Colorado.
TOGETHER WITH ALL easements, rights, privileges and
appurtenances belorging to the demised premises or in anywise
appertaining or in any manner connotes therewith, including
cD!mmon rights of ingress, egress and parking over the adjacent
property. Lessee has right of first refusal. on any proposed
sale of the property.
AND TO HAVE AND TO HOLD the same for a term of twenty
(20) years from the date set forth in said Lease Agremmnnt..
AND FUR SAID CONS[DEHAT.ION, the LESSOR has granted and
hereby does grant unto the LESSEE the ri.gh` and option to
extend said term for two (2) additional periods of five .(51
years each, all in the manner and upon the covenants and
agreements as set forth in the said Lease Agreement.
THE TERNS, COVENANTS AND CONDITIONS of thin Lease are
hereby referred to and made a part hereof as if herein set
forth in full. This Short Form of Lease for recording is a
form of the Loase for the purposes of constructive motive.
rn the event of conflict between the provisions of this
Short Form of Lease for recording and the long form of this
Losse, the terms and provisions of uhe long form of this
lease shall prevail.
rN (QITNKSS WHEREOV, the parties have hereunto stet their
hands and seals this 28th day of December, 1976.
/ i�
191,NESS AS TO WR p
/ BO STMATURES: -
jr
`l! ELLEN V. PIPIKARD
DENVER PIZZA, 111C.
.. '' .....
Ro ext E. Creseler, President
T. herr n, Secretaa ey
paw
lobe
ansz ss
:lnsz -It)()
•:TA I'i. t „° SOLORAO.0-
Lt IIIN'1"1' fil• JEFF.I;[f;'ON J
IH4 17 Itiirttl_L1!a-.it h:U. Ihwl nu Ihin J=day of _ AUltust. 1977
I,, h,,. ,ne tilt under .iyo•-.i. a Nul.vy PubLc in and le, the C,-unty and 51at.• f—e— t.
-Me "dames. k_pinkard and Ellen V. PinkaCd
.1... (VXI fart) pnraomdly known to me lu be the sanu.prrsnn fSJ who cxc cu lr<I Ihn
1-1—.—L urwntiug and such pens-on(sJ duly the rxrrouan
n5 lilt same.
IN TESTIMONY WHEREOF. I h.ve hercuntu sM my hent) and .(fixed n.7
Ulti eial seal the day and Ve.Y first able writlen.
' Ngl,�yy�oili is :
My Eomnusstun Lxpiree:o - j, �t1rI '
41y Canmit6o¢ Expth6 %4, lNi 1411 J _ _ - - - b�, •.,it,�.t-;t•. _"
C;TA7•E OF XAN£AS
ss.
GOUf'il'i OF
SEUGMCK
BE 1T 141-AII-XIREHii.U, Ihnt nn Ihis 29th day w- Doc—b—,
I -fur.: ore the under -I! --d, a Nomry Public in and fm- the C. -Illy :Ind Slate aloresaid.
.nnr. Rohert E. Cxess_ler,_ PrLuidcnt: of DENVER_PIZFA. INC., _
vaw i:; pvrsoo,dly luv.•xn to n to be the same person who execu.ed the vkhin--trumrut
of stili„" and such pe : nn duly ackno ludOud the execution of use same as and for
the duly authorized art .d such corporati..n.
IN TESYINWMY WHERP.Op, I have 1,cre-Au set wy Mand and , If, ed my
Official seal the day and ynar first above mrilt¢n,
_ Ncta rl• Pubhc
My Con....issiun expires:
)l-. NOIARY RURL�C
3052: 100
For and in consideration of the Sum of Ten Dollars
($10.00) and of other valuable considerations paid by the
LESSEE to the LESSOR, the receipt and sufficiency of which
are hereby acknowledged by the LESSOR, the LESSOR hereby
demises to the LESSEE and the LESSEE hereby leaves from the
LESSOR upon and subject to covenants and agreements set
forth in a certain Lease Agreement between the LESSOR and
LESSEE dated November 10, 1.976, the premises described in
Exhibit "A" attached hereto, and more commonly known as
41.64 Wadsworth Boulevard, Wheatridger Colorado.
TOGETHER WITH ALL easements, rights, privileges and
appurtenances belonging to the demised premises or in anywise
appertaining or in any manner connected therewith, including
common riqhts Of ingress, egress and parking over the adjacent
property. Lessee has right of first refusal on any proposed
sale of the property.
AND TG IIAVE AND TO HOLD the same for a term of twent,,
(20) years from the date set forth in said Lease Agreement.
AND FOR SAID CONSTOERATION, the LESSOR has granted and
hereby does grant unto the hEHHFU? Che right and option to
extend said term for two (21 additional, periods of five (5)
years each, all in the manner and upon the covenants and
agreements as set forth in the said Lease Agreement.
THE TERMS, COVENANTS AND CONDITIONS of this Lease are
hereby referred to and made a part hereof as if herein set
forth in full. This Short Norm of Lease for recording is a
form of the Lease fox the purposes of constructive notice.
In the event of conflict between the provisions of this
Short Farm of Lease for recording and the long form of this
Lease, the terms and provisions of the long form of this
lease shall pre -ail.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 28th day l/I December, 197666../d�_J�niy
rtEV. P A
ELLEN V. PINRARD
DENVER PIZZA, T_NC.
BY
X
E, Cress er,,president
.110,9 7 - $86
9 2 8 5 6 4 1977 OCT 19 M 11! 42
RON
�. +S
Coasty a) JsNcson stateal C:
WATSON
PROPERTY MAMAGEAIENT CoMsEL
a
Re¢¢rd2d IN
PIZZA NIA, WG
_ .O
1022; EAST / , CC
P. O. SOX 42C
WiCHAA, KANSAS 67207
^ u
NOTICE OF LEASE
THIS NOTICE OF LEASE made by and between
JAMES W.
LO
PINNARD and ELLEN V. FINKARD, hereinafter called
LESSOR, and
DENVER PIZZA INC., hereinafter called LESSEE.
WITNESSETH THAT!
For and in consideration of the Sum of Ten Dollars
($10.00) and of other valuable considerations paid by the
LESSEE to the LESSOR, the receipt and sufficiency of which
are hereby acknowledged by the LESSOR, the LESSOR hereby
demises to the LESSEE and the LESSEE hereby leaves from the
LESSOR upon and subject to covenants and agreements set
forth in a certain Lease Agreement between the LESSOR and
LESSEE dated November 10, 1.976, the premises described in
Exhibit "A" attached hereto, and more commonly known as
41.64 Wadsworth Boulevard, Wheatridger Colorado.
TOGETHER WITH ALL easements, rights, privileges and
appurtenances belonging to the demised premises or in anywise
appertaining or in any manner connected therewith, including
common riqhts Of ingress, egress and parking over the adjacent
property. Lessee has right of first refusal on any proposed
sale of the property.
AND TG IIAVE AND TO HOLD the same for a term of twent,,
(20) years from the date set forth in said Lease Agreement.
AND FOR SAID CONSTOERATION, the LESSOR has granted and
hereby does grant unto the hEHHFU? Che right and option to
extend said term for two (21 additional, periods of five (5)
years each, all in the manner and upon the covenants and
agreements as set forth in the said Lease Agreement.
THE TERMS, COVENANTS AND CONDITIONS of this Lease are
hereby referred to and made a part hereof as if herein set
forth in full. This Short Norm of Lease for recording is a
form of the Lease fox the purposes of constructive notice.
In the event of conflict between the provisions of this
Short Farm of Lease for recording and the long form of this
Lease, the terms and provisions of the long form of this
lease shall pre -ail.
IN WITNESS WHEREOF, the parties have hereunto set their
hands and seals this 28th day l/I December, 197666../d�_J�niy
rtEV. P A
ELLEN V. PINRARD
DENVER PIZZA, T_NC.
BY
X
E, Cress er,,president
.110,9 7 - $86
3081 8G9
/J
STATE OF
GOUNI'Y yry
BR IT RL•MEMIJl RIA), that on this _2 day of
heroic ane the lnnlcrsigned, a N, 1—y j'ublic in\a{� end if ti
Cd'n d)Sl —i I
came ;LJ %l. /[P V- GLS
who LCL wlt.�A'
' •_'
(arc) personally known to me [o be the same.persan(s) who executed the
within Instrument of writing and such person(s) duly acknowledge the execution
of the same_
IN TESi'IAIONY WHF,REOG, 1 have hcrcunlo set my Imnd and affixed my
Official seat the clay and year first above written.
Notary nblic
��l
My Cmntnission Expires=
C .'v.yV
;r Y
STATE OF XANSAS ) �`.O<• •y^����
MUNTY OF SEDGWICR ) __
1311 f'1 Ii RF IF AIRIi]IEU, that on this 2tt Ul day of Uecemher, 1976. _
before me the undcrslgncd, a Notary Public in and for Ihr. County and Stale aforesaid.
came. Rahert E;_Cxesslor, _ President of DEWER kl'LA iNC.,�_ _
who is pm-sunally known to me to be the same person who executed the -within instrument
of wriling and such person duly acknowledged the execution of the sante as and for
the duly aulhm•iied uc•t of such corporation.
IN TESTIMONY WIIERSO , I have hereunto set my hand and affixed my
Otfirial scat the day and year first above written.
Notary Public
My Cnnun ission Expires:
`� r'KfllE E. SCHUMACHER
tx)TAC ty-K
Scuyr k Canty Kenrat
Att
l 151 AF9.
308'7 870
LEGAL DESCRIXTION CONTMUCO
PARCEL I: (...rimed)
Commencing at the Northwest corner of Lot 1, PARK VIEN NO. 2;
thence Easterly along the Nurth line of said tot 1, a distance
of 290 feet to Elie TRUK POINT OF g£.GINNYAG;
thence Northerly and parallel with the North-South centerline
of said Section 23, a distance of 541.12 feet;
thence ou an angle to the right of 45', a distance of 96.26
feet;
thence on an angio to the left of 45° ural parallel with said
North-South centerline of Section 23, a distance of 20 feet
to a point on the South right of way lineof west 44th Avenue;
thence Easterly along sad South right of way line, a distance
ui 50.01 feet;
thence Southerly and parallel with the North-5ouch centerline
of said Section 2.3, a distance of 40.472 feet;
thence nn an angle to the right of 456, a distance of 96.26
Feet;
thence on an angle Lu the left of 45° and parallel with the
North-South centar33ne of said 5 -tion, 23, a distance of
521.66 feet to a point on the North line of Int 1, PARK VIE14
thence Westerly along Said North .inti, a distance of 90.01 fort
m [:he TRUE POINT OF BEGINNING,
County of .lafforson,
State of Colorado.
PARCEL I1:
The G L12 of the W 1/4 of the Nw 114 of rhe SE 114 of Section 23, Township
3 South, Range 69 west of the 6th P. ti„
EXCEPT the North 134 feet of the South 272,5 feet of tlhe East 8.45 feet thereaf,
AND EXCEPT the North 30 feet for 44th Avenue;
ODUnty of Jefferson,
State of Colorado.
3087 870
30831 8'71
LEGAL OESMI.P110.4; 4202 North Wadswu[Lh, Wheatridge, Colorado, s::awlI ouLlined in
red in the drawing attached hereto, being a portion of the
fallowing deseribed property:
PARCEL I:
Lots 1 and 2,
LARK VTEW NO. 2.
TOGETHER WITII a perpetual non-e..lusive driveway easement for
ingress and egress as granted in instrument recorded May 11,
1977, in Book 3001 at Page 597, said easenent being over
and across the fallowing described Property:
Part of Lha 'AJ 1/4 SW 1/4 SE 1/4 of Section 23, To—ship 3 Snnrh,
Range 69 Wut of Lhc 601 P.N., dcoeribcd as follows:
Commencing at the Northwest comer of the yW 1/4 Sw 1/4 SF. 1/4
of said Section 23;
thence Easterly alung Lhe North line of Lhc UW 1/4 SIJ 1/4 Sr. 1/4
of said Section 23, a distance of 302.85 feet Lu the TRUE POINT OF
BECUMING;
thence comooning r:.:s Lerly along s,,id North line, a distance of
196.51 feet;
thence an a deflection angle to the right of 135°00100", a distance
of 43.7 feet;
chance on a deflection angle to the right of 4VUU'00", a distance
Of 135.71 feet;
thence on a deflection angle to the right of 45°00'00", a distance
of 43.7 Feet to the 'TRUE POINT OF BEGINNING,
AND TOGEIHER 141TH a non-e+.clusive perpeLual ad—ent for Lngreas and egress as
granted in r vrded August 3, 1977, in Boole 3046 at Page 253,
said easement being over and across the following described property:
Part of the MI 1/4 SE 1/4 of Section 23, T—hip 3 5vuth,-Range 69 W—L
of the 6th P.M., dee:cribed as follows:
continued.... .......
30817 .8'23_
308"l 872
3087 877,
78 1 12 a l b V8 DEP 12 M U
tountyoljolter son State of Co.
RELEASE OF COVENANTS
Between
R W INVESTMENT COMPANY, A PARTNERSHIP
and
JAMES W. PINRARD
THIS AGREEMENT entered into between R W Investment
Company, a Partnership, and James W. Pinkard;
WITNESSETH: That each of the parties own property more
KNOWN AS: 7340 W. 44th
fully described below: WHEATRIDGE CO. 80033
COUNTY OF JEFFERSON, STATE OF COLORADO
Parcel ;l: The East one-half of the Northwest one-
quarter of the Northwest one-quarter of the Southeast
one-quarter of Section 23, Township 3 South, Range 69
West of the 6th P.M., EXCEPT the North 30 feet, in use
as West Forty-fourth Avenue; and further EXCEPT the
North 134 feet of the South 272.5 feet of the East 8.45
feet of the above described propertyp and
The North 35 feet of the South two-fifths of the West
one-half of the Northwest one-quarter of the Northwest
one-quarter of the Southeast onn-quarter of Section 23,
Township 3 South, Range 69 West of the 6th P.M., EXCEPT
the West 40 feet thereof that lie in Wadsworth Boulevard.
Parcel f#2: The West one-half of the Northeast one-
quarter of the Northwest one-quarter of the Southeast
one-quarter of Section 23, Township 3 South, Range 69
West of the 6th P.M. EXCEPT the North 30 feet, in use
as West 44th Avenue; EXCEPT the East 25 feet in use as
Upham Street and EXCEPT the East 125 feet of the North
130 feet thereof.
The North 134 feet of thr South 272.5 feet of the East
8.45 feet of the East one-half of the Northwest one-
quarter of the Southeast one-quarter of Section 23,
Township 3 South, Range 69 West of the 6th P.M.
That Parcel No. 1 is owned by James W. Pinkard and
Parcel No. 2 is owned by R W Investment Company;
That there now exists certain recorded covenants limiting
the right to construct improvements on each of the properties,
which covenants are mutual and reciprocal.
it is hereby agreed between the parties that each party
waives the right to enforce these covenants against the
other to the following extent:
t►8 i 12 818 ;01,:
James W. Pinkard plans to construct a Cake and Steak
House on Parcel No. 1. Some time in the future, R W Investment
Company plans to construct an improvement on its property,
Each party agrees that the other may construct, operate and
maintain said improvement and any covenant to the contrary
now of record is hereby waived. It is anticipated that the
improvements each party constructs may be comparable in
terms of square footage on the first floor, but this is not
an essential requirement.
This agreement shall inure to and be binding upon the
respective heirs, successors and assigns of the parties.
DATE: I �r R W INVESTMENT COMPANY
BYs
1
J
STATE OF COLORADO )
SS
r W'. Pihxaru/
COUNTY OF ARAPAHOE )
Subscribed and sworn to before me by Martin P. Milted""'•"•••..,
in behalf of R W Investment Company this $1-� day oE•'1 irmb�ji..•
1978.
so ,; ��l
My commission expires: �'��%•;�„';
�dJ o a yPu li-l�'',•'
STATE OF COLORADO
SS
COUNTY OF JEFFERSON )
Subscribed and sworn to before me by James W. Pirskard
this 7M, day of December, 1978. c? '
My commission ex iress •Xy'WMM1WDn Espins MvrcP2,1982
P _ _ Public�J[�
Notary
-2-
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1471160'4A
{]V 1OREFNENT
FIRBTRANS uF 11REAT RIMF, NATINNAL A51111;IAT1nN, a national banking associa-
tion (hereinafter "FrrsLRaok"), FACLF. LARD C011PANY, a Delaware corporation (herei
after "Eagle"), R. w. LNVESTNeNTS COMPANY, a partnership, a/kla RW INVESTMENTS CO.,
alk/a R W INVE87MP17TS COMPANY, a/k/a RAC, Ltd. (hereinafter "R_ W."). and DENVER
BIiOPPINM PLAZA, LTD., a WashinFrne limited partnership (heretnaftec "Flaza"), agree
as follows: /--/4
4
L. Definitions. The following words or phrases when used herein shall
have the following meanings:
1.1. "Rank Property" means the real property described on Exhibit A
attached hereto and by reference incorporated herein.
1.2. "Engle Property" means the real Property described on Rithihir B
attached hereto and by reference incorporated herein.
1,3. "R. W. Property" means the real pruperty described on Exhibit O
attached hereto and by reference incorporated herein.
1.4. "Plaza Property" means the real property described as Lots I and
2, TIME MUM, SNSDIVISION, and that portion of Lot 3 lying South of the Northerly
line of Let 1, TIME SQUARE SUBDIVISION as if extended fro. the East line of said Lot
1 to the WesL line of said Lot I, which line hears South B9°55'50" West and which
line is the South line of the NW 1/4 NW 1/4 SE 114 Seetron 23, Township 3 South,
Range 69 West of the 6ch P.M., County of Jeffersun, State of Colorado.
1.5. "New Thirty -Five Foot Easement Property" means the real property
deacrihed on Exhibit D attached hereto and by reference incorporated herein.
I,6. "old Thirty-five Foot Easement" means that certain grant of ease-
ment dated June 19, 1951, recorded in Book 723 at page 154 of the records of Jeffer-
son Cmmty, Qutn redo.
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.
I.A. "Transamerica Agreement" means that certain Declaration of Ease-
ment dated July 27, 1967, recorded in, Rook 1956 at page 126 nE the records of Jeffer-
son County, Colorado.
L.9. "ChAnny need" means chat certain deed dated June 19, 1951, and
recorded in Book 723 at page 158 of the records of Jefferson County, Oolarado.
L.10. "Old Plaza casement" means that certain easement Ear ingress and
egress t" Lots l and 2., Times Artnaro Subdivision, Jefferson County, Colorado, an
REGEPIAON 140- 67066,-W6
described in instrumeor. recorded August 3, 1977, in Rook 31046 at page 253, and as
described in the Eirst fu11 porag-ph of Exhibit A to a deed dated Pebreary 29. 1984,
and recorded as Reception No. 734018910, Jefferson County, Cotoradn.
L. 11. "Nes+ Plaza Easement Property" means the real pruperty described
in Exhibit F. attached hereto and by rc Eercnce incorporated herein.
2. Consideration. The consideration for the execution of this Agreement
is the amu 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. Pr—erty Ownership.
3.1. Sank is the uwner at the Rank 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. Plass 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, rho Tolleson Agreement, the Transamerica Agreement, the
Chaney decd and the Old Plaza Easement. The parties hereto are all of the owners of
aLl of the right, title and interest in the property whidl has any right, duty,
benefit or burden created by the Old Thirty-five Foot Easement, the Tolleson Agree-
ment, the Transamerica Aareement, the Chaney deed and the Old Plaza Easement,
5. Grant of Pertain Easement..
5.1. Rank hereby grants to Eagle a perpetual non-extl-ive ea.ement
for a right of way for ingress and egress to the Eagle Property from Wadsworth Boule-
vard over the New Thirty-five Font Easement Prupertv, reserving, to Rank the right to
use the Nev 'shirty -five Foot Easement Property jointly for ingress and egress to
Wadsworth Boulevard Prem the Rank Property.
5.2. Renk hereby grants to R. W, o perpetual non-exclusive easement
for a right of way for ingress and egress to the R. W. Properly from Wadsworth Roule-
vaed over the New Thirty-five Foot Easement Property, reserving to Rank the right to
use the New Thirty -live Foot Easement Property jointly for ingress and egress to
Wadswurth P.oulevard from rhe Rank Property.
5.3. Rank shall maintain the flew Thirry-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_ Rask may ewss[rve[, maintain and replace buildings, at ructures,
HEf_EPTION N0. 870662Z6
parking, landscaping and other imp ruvemeats ahurt,ng an :tad Contiguous to the New
Thirty -Live Fact F.asemenL Property without any requirrd .. r rhark thercfruin.
5.5. Eagle hereby grants to Plaza a perpetual non-exclusive easement
far a right of way for ingress and egress to the ?Laza Property from 44th Avenue over
the New Plaza Easement Property, reserving to Eaglo the right to use the New Plaza
Easement Property juiutly for ingress and ep ress to 44th .Av.— from the Sagte
7
Property.
5.6. Eagle hereby grants to Bank a perpetual non-e,cclusive ua.s ement
for a right of way fur ingress and egress to the Bank Property from 44th Avenue aver
the New Plaza Easament Property, reserving to Eagle the right to use the New Plnza
Easement Property joint Ly for ingress and egress to 44th Avenue from the Eagle
Property.
5.7, Eagle hereby grans to R. W. a aerpetual uon-exrlusive easement
for a right of way for ingress and egress to the R. W. Property from 44th Avenue over
the New PL... 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.
5.8. Eagle shall maintain the New Plaze Easement Property in a clean,
sanitary condition, hard -surfaced and in eanformance with all ordinances and regula-
tiana of the City of wheat Ridge, Colorado.
6. Termination of Certain Easeneats, Restrictions and Agreements.
6.1. The parties hereto hereby terminate the Old Thirty-five Foot
Easement and the Tolleson Agreement. Each party releasee all of the other parries
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
ngre s to use and maintain the property above described as a roadway
for a period or 50 years from the dote hereof, and that it will
surface said strip of land and keep sane surfaced with either concrete
or blacktop and "ch suitable gutters an each side thereof, and
further, that parties of the first part shall have Lhe right to
construct and maintain buildings or other structures abutting on Said
strip of land, and shall not be required to set back from said strip
of land any buildings they may construct. The above agcee,�,enes shall
be construed as c ants running With the land and shall he binding
upon the heirs, s-cessors, exec uturs, ad.i.i. rstors and as.aigns of
Lhe parties hr, veto ."
Each party releases all of the other parties and each respective party's property
RLCEPTJON 00. 070.56224,
from any right, duty, benefit or burden created or established by .,aid language,
6.3. Eagle and R. t4, hereby 801.1and con y to Annk rhe North 35 feet
of the South 2/5 of the Nest 112 of the Northwest 1/4 of the Northwest 1/4 of the
Southeast 114 of Section 23, Town 3 South, Range 69 gest ul Lite 6th P.H., Jefferson
County, Colorado, with all its appurtenances,
6.6. The parties hereto hereby amend the Transamerica Agreement by
dcluting therefrom the Tract C as described in said Agra—ant. Each party releases L f
all of the other parties and each respective party's property fr— any right, duty, 1{-
benefit or burden is said Tract G established by Lhe 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 canoect
the existing dashed and solid lines across the gap created by the deletion of Tract C.
on the westerly boundary of Tract B.
G.S. The parties hereto hereby terminate the Ald Plead Easement. Rech
party releases all of the nther parties and each respective party's property From any
right, duty, bane fit or burden ereaced or established to or to the Old Plaza
Basement_
7. 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 Parti. If any party hereto shalt sell, transfer or
otherwise terminate its interest as owner, then from and after the effective date of
such ce rmina[ion of its -ownership internsc, that party shall thereafter he 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,
assigne and personal representatives of the parties hereto.
IN WITNESS WWF.REOF, this Agreement has been executed at Denvr.r, Colorado,
Ufa
�_.,. day of _�:.�,., •,�`_, 1985.
S'
FlItSTBANR OF WHEAT RIDGE, N.A.
a national banking asnucia_-tion
-- F TTRST ,'
By
President
q.sec ieTary
-4-
W[LLPTi0,V tlo. HIO6622L
FArLF. LAND COMPANY,
a Da Lawa rr cnrpnra[iwn.
A'riTST!
sy
Secre[ary R.W. INVESTMENTS COMPANY,
i�.Ci�',•I �tJ
7pa Cn4cjh'ip�
n r
•� CencraL Par[ner y,
DENVER SHOPPING PLAZA, LTD.,
a Washington limi[ed partnership
xy _
General Partner
STATE OF COLORADO )
) ss.
COUNTY OF )
n'Tha foregoing inatrumen[ was suhyrfihed Ppd sworn to gcfure no this JpA
day f 1--(,Ix)U-A; 1985, by I_[{�p11 }J. 4 Ai' llil as President
and [�1F9 f(,Qtl -sr ast Secretary of Firstxank of Wheat Ridge, a narional bank-
ing aseactatian.
_ Witness my hard and official seal.
C.—ission expires:
Notary Public
.,rt, _.. �: �pl.jt�3 il�t.�-�• C.�i' r �t. ' U%
Address )
STATE OF COLORADO }
ss.
COIrNTY OF )
Tne foregoing instcument vas aubsc rihed and sworn to before me this
day of , 1985, by as President
and_ as S.Crecary of Bogle Land Company, a Delaware corpora-
tion
Witness my head and official seal,
My comnissiun expires:
Nacary Public
Address
STATE OF COLORADO )
COUNTY OF
/jiara�aP >s.
I Eares tog inst[uman[ was uh crihed and y [u bef ure me Chia J
E7
day of "le. S� _ , 1985, by .i�/'/ f ��f'!r , as cenc[al partner
of R. W. loadstments Conpany, a general partwership, nik/a RW 1NVF1171EBTS CO., n/k/a
R V INVFSITIEN'IS COMPANY, a/k/a M:C, LTD.
W the as my hand and of €icial seal.
ay!Cp,aFllaRinn ..Pi..._
/Hot' ary Pnhlic��%�� -/ --
AwpAadA.yI 24th Flsol
Mang; Calolado 882Q2
-5-
RECEPTION NO. 13708622&
STATE OF COLORADO
sa.
COUNTY OF )
The foregoing instrument was subscribed and sworn to before w this
day of, 1985, by , as General Penner
of Deaver Shopping Plaza, Ltd., a Washington limited partnership.
Witness my hand aad official seal.
Hy commission expires:
Notary Pubtic
Address
-6-
i -:I�V I Litt No. 8/U66;'76
EXHIBIT A (1..f 47
Bank Property
The fallowing described four parcels of real estate;
PARCEL I '7
A tract of land located in the W1/2 of the 14141/4 of the NW114 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%, thence S00'04'54"W, 30.00 feet along the
West line of the SEI/4 of said Section 23 to 0e 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 SEIJ4 of said Section 23 to the
Easterly right-of-way line of Colorado State Highway No. 121; thence
S00'04'50W, 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 Paint "A'; thence
continuing 500'04'54"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 SOU'04'54"W. 58.40 feet parallel with the West line of the SE1/4 of
said Section 23;
Thence N89'56'20"E, 79.64 feet;
thence 400'00'36"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 S89'66'20"W. 187.64 feet along the South line of the North 39.75 feet
of the SEI/4 of said Section 23;
Thence 557'58'25"W, 8.85 feet to a point on a line that bears N00°04'54"E,
parallel with the Easterly right-of-way line of said Colorado State Highway
No. 121, from the True Point of Beginning;
Thence SOO'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
P.£CEP Iir.N NO. C70.', 6226
E%IIIOIT A (2 of 4)
PARCEL II
M
A tract of land located in the W1/2 of the NWI/4 of the 4141/4 of the SEi/4 of
Section 23, US, 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 989'56'20"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 North 30.00
feet of the SEI/4 of said Section 23; thence 989'56'20"E, 40.00 feet along the
South line of the North 30,00 feet of the 5E1/4 of said Section 23 to the
Easterly right-of-way line of Colorado State Highway No. 121; thence
$00°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 SE1/4
of said Section 23, a point hereinafter referred to as Point "A"; thence
continuing 500'04'54"W, 10.00 feet along the Easterly right-ef-way line of
said Colorado State Highway No. 121; Thence continuing $00'04'54"W, 121,85
feet along the Easterly right-of-way tine 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 989'56'20"E, 79.64 feet;
Thence 1100'00'36"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 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 NBg'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 NWi/4 of the NW1/4 of the
SEIA of said Section 23;
Thence 500'03'52"W, 575.68 feet along the East line of the W1/2 of the NWI/4
of the NWI/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. W1/2 of the NWI/4 of the NWI/4 of the
SEI/4 of said Section 23;
Thence 589'55'64"W, 280.14 feet along the South line of the North 149.00 feet
of the South 215th5 of the 411/2 of the NWI/4 of the HW1/4 of the SEi/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 110, 121, from the
True Point of Beginning;
Thence N00'04'54"E, 374.12 feet parallel with the Easterly right-nf-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.
fv,,-UIP"I I Of! tlo- 'a7n6b226
EXHIBIT A (3 of 4)
PARCEL III
A strip of land 8.50 feet in width located in the Wl/2 of the NW1/4 of the
NW1/4 of the SE1/4 of Section 23, T3S, R699 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 S00'04'54"V, 30.00 feet along the
West line 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 1189 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 -fray line of Colorado State Highway No. 121; thence
S00'04'S411W, 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 SOO'04'64"W, 10.00 feet along the
Easterly right-of-way line of said Colorado State Highway No. 121 to the TRUE
POINT OF BEGINNING;
Thence continuing S00'04'S4"W, 121.85 feet along the Easterly right-of-way
line of said Colorado State Highway No, 121;
Thence H89°56'20"E, 8.50 feet;
Thence N00'04'54"E, 127.16 feet parallel with the Easterly right-of-way line
of said Colorado State Highway No. 121 to a point on a line that bears
N57'58'25"E from the True Point of Beginning;
Thence S57'58'25"W, 10.04 feet to the TRUE POINT OF BEGINNING.
Area = 1,058 square feet (0.024 acres), more or less.
RECEPTION Nn_ 67156226
EXH1eIT A (4 of 4)
PARCEL IV
f)
A strip of land 8.50 feet in width located in the W1/2 of the NW1/4 of the C/
NWl/4 of the SE1/4 of Section Z3. T3S, R691f( of the 6th P.N., 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 N89"56'20"E, thence S00'04'54'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 SEI/4 of said Section 23; thence H89"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'S4"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 500°04'54"W, 10.00 feet along the
Easterly right-of-way line of said Colorado State Highway No, 121; Thence
continuing 500'04'54"'d, 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 S60°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 N1/2 of the NW1/4 of the 4W1/4 of the SEI/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 NW114 of the Nwl/4 of the SE1/4 of said
Section 23 to the Easterly right-of-way line of said Colorado Stats. Highway
No. 121;
Thence 800°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 BE61NNING.
Area - 3,180 square feet (0.073 acres), more or less.
HTLEYTION 110- '47066226
EXHIBIT B
Eigle Property
The East 1/2 of the Northwest 1/4 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
FECLPTION NO. 07066228
EXHIBIT C
R. W. Property
The West 112 of the Northeast 1/4 of the Northwest 114 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 30 feet, in use as West 44th Avenue
except the East 25 feet in use as Upham Street, and except the
East 125 feet of the North 130 feet thereof
arcr7T10N IiG. 87066226
EXHIBIT 0
New Thirty-five Font Easement Property
A strip of land 35.00 feet in width located in the W1/2 of the NW1/4 of the
NWI/4 of the SE3/4 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 / �3
Section 23 bears N89'56'20"E, thence Soo'04'54wW, 356.14 feet along the West
line of the SE1/4 of said Section 23, thence N89'56120`E, 40.00 feet to the
Easterly right-of-way line of Colorado State Highway No. 121 and the TRUE
POINT OF BEGINNING;
Thence continuing N89'56'20'E, 288.58 feet to the East line of the W1/2 of the
NW1/4 of the NWl/4 of the SEI/4 of said Section 21;
Thence 500'03'52"W, 35.00 feet along the East line of the W1/2 of the NW1/4 of
the NW1/4 of the SEIM of said Section 23;
Thence 589'55'20"W, 268.59 feet to the Easterly right-of-way line of Colorado
State Highway No. 121;
Thence N00'04'54wE, 35.00 feet along the Easterly right-of-way 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.
REr�Y1;GN ilG. 679c622C
F%HislT E
Ne., Plaza Easement Prouerty
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
H89`56'20 -E, 328.50 feet along the East-West centerline of said Section 23 to
the Northwest Corner of the E1/2 of the NW1/4 of the NW1/4 of the SEW of
said Section 23; thence S00'D3'46"W, 30.00 feet along the West line of the
E1/2 of the NWI/4 of the NW1/4 of the SEI/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;
*hence 500'03'46"W, 8.50 feet parallel with the Nest line of the E1/2 of the
NW1/4 of the HW1/4 of the SES/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 S00"03'46"W, 592.74 feet parallel with the West line of the E1/2 of the
NW1/4 of the NWI/4 of the SEI/4 of said Section 23 to the South line thereof;
Thence S89°55'50"W, 30.00 feet along the South line of the E1/2 of the NW1/4
of the HW1/4 of the SE1/4 of said Section 23 to the Southwest Corner thereof,
also being the West line of said Lot 3;
Thence N00'03'45"E, 631.18 feet along the West line of the ET/2 of the NW1/4
of the NW1/4 of the SE1/4 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.
kF 1'ORDED TN
UJINTY OF JEfFER.H0N
!; I ATE OF r:OLORAD0
dCREElIENT RGI:EI'-1 T011 l70. L'/Do6r1�_'7
lJ`.111?i H/ -111 5E. 42.NII
PIRRTBAN% OF WHEAT RIDOP., NATIONAL ASSOCIATION, a not ie nal banking asaueia-
tion (hereinafter "First Rank"), PACS.P-1ADD COMPANY, a Delaware corporation (herein-
after "Eagle"), R. W. INVESTMENTS,COMPANY, a partnership, a/k/a RN INVESTMENTS PA.,
a/k/a R W INVESTIIP.NTS COMPANY, a/k/a RWC, Ltd, (hereinafter "R, N,"), and DENVSR
SHOPPING PLAZA, LTD., a Washington limited partnership (hereinafter "plaza"), agree
as follows:
I. Definitions. The following words at phrases when used herein .;hall
have the following meaning.:
1.1. "Renk Property" means the real property deer ribed an 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" mean the real property described as Lots 1 and
2, TIME S011ARF SORDIVISION, and that parting of Lot 3 lying South of the Northerly
line of Lot 1, TM S4WARS 8110MVISION as if extended from the East line of .aid Lot
1 to the Nest line of said Lot 1, which line beers South 89'55'50" West and whielt
Line is the South line of the NW 1/4 NW 1/4 SF, 1/4 Section 23, Township 7 South,
Range 69 West of the 6th P,M., County of Jefferson, State of Colorado.
1.5. "New Thirty -Siva Foot Easement Property" means the real property
described on Exhibit D attached hereto and by reference incorporated herein.
1.6, "Old Thirty-five Foat F,axamant" means that certain grant of ease-
ment dated June 19, 1951, recorded in Ruuk 723 at page 154 of the records of JefEer-
eon County, Colorado.
1.7. "Tolleson Agreemonta means that certain agreement dated June 19,
1951, recorded in Book 723 at puge 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 Rook 1956 at page 126 of the records of Jeffer-
eon County, Cul arado.
1.9. "Chaney Deed" means that certain deed dated Jona 19, 1951, and
recorded in Rook 723 at page 158 of the records of Jefferson County, Colorado.
1.10. "Old Plaza Easement" mean that certain easement far ingress and
egress to bots i and 2, Times Square Subdivision, Jefferaun County, Colorado, an
RECEPTION NO. 07oL6227
described in rnatrument recorded August 3, 1917, in Book 3046 at page 253, and as
described in the first full paragraph of Exhibit A to a deed dated Februnry 29, 1484,
and recorded as Reception No. 84018910, Jefferson Cuunty, C lorado.
1.11. "New Plaza Easement Property" means the real property described
in Exhibit B attached hereto and by reference incorporated herein.
2. Consideration, She a naidaration Cut the execution of this Agreement
is the sum of Ten nollara (510.00) paid by each of the parties to each of the other
parties, and the mutual covenents and agreementn contained herein.
3. Prole tap Ownershi_. `
3.1. Rank is the owner of the Rank Property.
3.2. gagle is the owner of the Fa1,le 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 assigur and
successors in interest to all of the rights, benefits and burdens created 6y the Old
-
Thirty -Five Foot Basement, the Tolleson Agreement, the Transamerica Agreement, the
Chaney deed and the old 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 -
went, the Transamerica Agreement, the Chaney deed and the Old Plaza Easement.
5. Orem of Certain F.asomants.
5.1. Bank hereby Brenta 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 Basement Property jointly for ingrean and egress to
Wadsworth Boulevard from the Ronk Property,
5.2. Bonk 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-fivo Foot Easement Property, reserving to Bank the right to
use the New Thirty -Five Foot F.anement Property jointly for ingress and ogress to
Wadsworth Roulevord from the Bank Property.
5.3. Bank shall maintain the New Thirty-five Foot Easement Property In
a clean, sanitary condition, hard-aurfaeed and in conformance with all ordinances and-
ecgnlat lana of the City of Wheat Ridge, Colorado.
5.4. Bank may construct, maintain and replace buildinga,.otructures,
-2-
RLLEPTTON Mo. 87066777
packing, Landscaping and other impruvemento abutting on and contiguous to the Nov
Thirty-five Fool Easement Property without any required seLback therefrom.
5.5. Eagle hereby grants to Plaza a perpetual non-e;cciueive easement
for a right of way for ingress and egress Lo the Plaza Property from 44th Avenue over -
the New Plaza Easement Property, reserving to Engle the right to use the New Place
Easement Property jointly for ingress and egceaa to 44th Avenue from the Eagle _ ti
Property.
5.6. Eagle hereby grants to Bank a perpetual non-exclusive easement
for m right of way for ingress and egress to the Bank Property from 44th Avenue over
the New Plaza Easement Property, reserving to F.agle the right to use the New Plaza
Easement Property jointty for ingress and agrees to 44th Avenue from the Eagle
Property.
5.7. Eagle hereby grants to R. W. a perpetual non exclusive ansament
for a right of way for ingreso and egress to the R. W. Property from 44th Avenue over
the New Plaza Easement Property, reserving to Eagle the right to ume the New PLnza
Easement Property jointly for ingress and egreas to 44th Avenue from the Eagle
Property.
5.8. Eagle shall maintain the New Plaan Easement Property in a clean,
sanitary condition, herd -surfaced end in conformance with all ardinances 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 Tafleaop Agreement. Each party releases all of Lila 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 follow.:
"As a part of the c aideration hereof, party of the second part
s
agrees to u and maintain the property above describedas a rundway
for a periodof 50 years from the date hereof, and that it will
surface said strip of Land and keep same surfaced with either concrete
ar blacktop and with auitnb Le gutters on each aide 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 act hack from sell[ strip
of land any buildings they may construct. The above agreements shall
be construed as covenants running -ith the land and shall be binding
upon the heirs, successors, executors, administrators and assigns of
the parties hereto."
Each party releasee all of the other parties and each respective party's property
RErEP110N NO- P.7056227
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 Cite South 2/5 of the We.t 1/2 of the Northwest 1/4 of the Northweat 1/4 of the
Southeast 1/4 of Section.23. Town 3 South, Range 69 West of the 6th P.N., 3effereon
County, Colorado, With all its appurtenances.
6.4. The parties hereto hereby amend the Transamerica Agreement by
deleting therefrom the Tract C no described to said agreement. Each party releaser
all of the other parties and each respective party's property from Any right, duty,
benefit or burden in fluid Tract C established by the Tranaamerica Agreement.
Farther, Attachment A to the Transamerica Agreement is amended by drawing thereon a
dashed line and a solid line in a Northerly-Sauthe rly direction to directly conoeet
the existing dashed and solid lines across the gap created by the deletion of Tract C
on the Westerly boundary of Tract R.
6.5. The parties hereto hereby terminate the Old Plass Easement. Each
party teleases all of the other paU ies and each respective party's property from Any
right, duty, benefit or burden created or established in or to the Old Plata
basement.
7. Covenants Running with Land. The easements, rcntrictions, rale.....
rights and duties hereunder shell create mutual benefits and servitudes upon the
properties As described herein, and shall be covenants running with the land.
8. Rel Pose 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, then party .hall thereafter be released
and discharged from any rights and duties under this Agreement except those having
previously Accrued, And the party Acquiring ouch interest shall be subject to the
right. and Awti.. created hereunder.
9. Rucceseors. This Agreement shall be binding on the heirs,- eucceesnro,
assigns and personal representatives of the parties hereto.
tN WITHRSS WFPEREOF, this Agreement has been executed at hoover, Colorado,
this • .,• day of
. f_
_ FIRSTRAHK OF WHEAT RID:R, N.A.,
a national banking aero eietion
ATTFST:
` By
F
�.As. retary v
—4—
QFf'EP.TON tiO. 87066227
FAC,f.E IANO COMPANY,
a Delaware corporation
ATTEST: _
R,
Y
Secretary fJ,-,., fl��
A. W. IMYF,STIlENI3 COMPANY,
a pertnarah'p
QX�
- MTCANDELA N
�,
General Partner
Natrypubuc. Sut.otmwYds
•_- - Wo. SI.4B79ab3 DENVER SHOPPIVG P A, TOS
tROW911 Naw YOM fbu.1 f
_•Cmnmkabn Expnae Augutt3F, SD7N a Naohingto t��acahip
I'"• `" General Par[nur
STATP. OF COLORADO
COUNTY OF
The fo ing Lnatrume nt wee aubacribed 1 sworn to before me this
day of a l_ ro 1985, by 6,1.:Ofl {� Fk+llclnd, s Premia -t
a*�j X'. P "[iPlr as ecretary off FiratDank u[ Mieat Ridge, a national bank-
,ioB;,gapociation.
I
q7: L�llytness my hand and official oval.
y =, •� K)j•cumaiaa ian expires: � ' I•T1 -
•'7;: fI�)��T'
Notary Public (�
Address
STATE OF COLORADO )
as.
COUNTY DF )
She farRgoing instrument was subscribed and sworn to beforo me this . 1
day of ;),in; r , 1937, by �• ItioreY, L�as President
end as eavretary of Eagle and %ompanl y, a Delaware corpura-
Fion�.:... {
- rs,;"'Ifitualis my hand and officiol veal.
•ry comniasfan expires: Bo .RC(
vet
ti: CO•� Notary Publilc
s'1IL)rJatD�°�r0,
Ad coo
STATE OF COLORADO )
COINITY OF
Tl £ore ng instrument ad b pribed and 9unr1 to before me this Lf�
day of Wr �•.f , 1785, by /) tri n !� ae Caneral eer[:.er
of R. W. Investments Cwmpany, 'Rue.
partnership, k a RW INVESINENTS CO., aik/a
R W INVESTMENTS COMPANY, e/k/a RNC, LTD,
.Mttneas my hand and official ..at.
My cu:mnission expires:__ _ -
7
Notary Public
My Commission Esslnn 1'/.R.Rq
1gU6B1o"Wo7. 241h floor
Deaver, Worlds 80202
IM
F'ECF_PTION NO. 67066227
n1P,=i nr'�
STATE OF 118LOM )
COUNTY OF
C�. The fu going instrument vaa sob.rribed nd vorn to before me this
day 198/,7 by i�ly�,� /_ /�-Q tkllt , ea General Pnrtacr
of Denver Shopping -plaza, Ltd., a Washington limited partnership,
Witneaa my hand end official seal.
- Hp comi..ion expire.:
bl
1'?—i
MAP.ELLEN CANQew
110197 Publ31413Slate 94 New Yak
No.31-4" .A
58
Qu%a.eA In New York Caaax
Commiavron E.p7rae August 31,1888
-6-
BECEPTI011 Nei. 07066227
EXHIBIT A C? of 41
Bank Propert
The following described four parcels of real estate:
PARCEL I /
A tract of land located in the W1/2 of the NW1/4 of the NW1/4 of the SEI/4 or
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 whlch the El/4 Corner of
said Section 23 beers H89'56'20"E, thence S00'04'S4"W, 30.00 feet along the
West Tine of the SE1/4 of said Section 23 to the South line of the North 30.00
feet of the SE1/4 of said Section 23; thence H89'56'20"E, 40.00 feet along the
South line or tha North 30.00 feet of the 551/4 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 SE1/4
of said Section 23, a point hereinafter referred to as Point A'; thence
continuing SOD'04'54"W, 10.00 feet along the Easterly right-of-way line of
said Colorado State Highway No. 721; thence continuing S00'04'54"W, 121.05
feet along the Easterly right-of-way line of said Colorado State Highway No.
121; thence 089'55'20"E, 8,50 feet to the TRUE POINT or BEG DINING;
Thence continuing 1189'56'20"E, 115.74 feet;
Thence SOO'04'64"W, 58.40 feet parallel with the West Ifne of the SE1/4 of
said Section 23;
Thence N89'56'20"E. 79.64 feet;
Thence ?100'00'36"E, 196.25 feet to the South line of the Horth 39.75 feet of
the SEi/4 of said Section 23, a point which hears 1189'56'20"E. 203.64 feet
from said Point 'A";
Thence 589'56'20"W 187.64 feet along the South tine of the North 39,75 feet
of the SEi/4 of said Section 23;
Thence S57'58'25"W, 8.85 feet to a point on a line that bears HOO'04'54"E,
parallel with the Easterly right-of-way 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.
RECEP"II019 NO- L'7066227
EXHIBIT A fZ of 4)
F
PARCEL II
A tract of land located in the W1/2 of the 11141/4 of the NW114 of the SEE14 of
Section 23. T35, R69W of the 6th P.M., County of Jefferson, State of Cal orado,
described as follows:
Commencing at the Center, of said Section 23, from which the El/4 Corner of
said Sect ian 23 bears N29'56'20"E, thence 500'04'54"W, 30.00 Feet along the
Nest line 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 NW56'20"E. 40.00 feet along the
South line of the ?forth 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
$00'04'54"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 SE1/4
of said 'Section 23, a point hereinafter referred to as Point "A'; thence
con Claming 500'04'54"W, 10.00 feet along the Easterly right-of-way line of
said Colorado State Highway No. 121; Thence continuing Soo 04'54"W, 121.85
feet along the Easterly right-af=nay line of said Colorado State Highway No.
121; theme N89'56'20E. 8.50 feet to the TRUE POINT OF BEGINNING;
Thence continuing N89'56'20"E, 115.74 feet;
Thence 500'04'54"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 SE1/4 of said Section 23, a point which bears N89'56'20"E. 203.64 feet
from said point "A";
Thence continuing NO0'00'36"E, 9.75 feet to the South line of the North 3U.00
feet of the SEi/4 of said Section 23;
Thence 1189'56'20"E. 84.83 feet along the South line of the North 30.00 feet of
said Section 23 to the East line of the 141/2 of the NWI/4 of the HW1/4 of the
SEi14 of said Section 23;
Thence S00'O3'SZ"W, 515.60 feet along the East line of the W1/2 of the 11141/4
of the NW1/4 of the SEI/4 of said Section 23 to the South line of the Horth
149.00 feet of the South 2/Sths of the W1/2 of the NWl/4 of the HW114 of the
SEi/4 of said Section 23;
Thence S89'55'54'W, 280.14 feet along the South line of the North 149.00 feet
of the South 2/5ths of the W1/2 of the INW1/4 of the HW114 of the 591/4 of said
Section 23 to a point an a line that hears S00'O4'54"W, parallel with the
Easterly right-of-way line of said Colorado State Highway He. 121, from the
True Point of Beginning;
Thence 1100'04'54"E, 374,12 feet parallel with the Easterly right-of-way line
of said Colorado State Highway No. 1Z1 to the TRUE POINT OF BEGINNING.
Area - 112,134 square feet (2.574 acres), more or less.
RErrrT7.ON "0. 67066227
E%HIBIT A (3 of 4)
PARCEL III 7
Astrip of land 8.50 feet in width located in the H1/2 of the Nwl/4 of the
Nw1/4 of the SEI/4 of Section 23, US, 969w of the 6th P.M., County of
Jefferson, State of Colorado, described as follows:
Commencing at the Center of said Section 23, 'rom which the E1/4 Corner of
said Section 23 beers 1189'56'20"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 North 30.00
feet of the SES./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 Na. 121; thence
500'04154"w, 4.75 feet along the Easterly rfght-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 SGO'04154"w, 10.00 feet along the
Easterly right-of-way line of said Colorado State Highway No. 121 to the TROE
POINT OF BEGINNING; '
Thence continuing S00'04'54"" 121.85 feet along the Easterly right-of-way
line of said Colorado State Highway Nd. 121;
Thence 1189'56'20"E, 8.50 feet;
Thence 1100'04'54"E, 127.16 feet parallel with the Easterly right -or -way line
of said Colorado State Highway No. 121 to a point an a line that bears
"57'58'25"E from the True Point of Beginning;
Thence 557'58'25"w, 10.04 feet to the TRUE POINT OF BEGINNING.
Area = 1,058 square feet (0,024 acres), more or less.
Rte_-:Epjjotj tjG. 070662:7
EXHIBIT A (4 of 4)
PARCEL IV /d
A strip of land 8.50 feet in width located in the H1/2 of the NNi14 of the
HN1/4 of the SEI/4 of -Section 23, US, P69w 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 N89'56'20"E, thence 500'04'54"N, 30.00 feet along the
Nest line of the SEi/4 of said Section 23 to the South line of the North 30.00
feet of the SE1/4 of said Section 23; thence N89'56'ZO"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
S00'04'54"N, 9.75 feet along the Easterly right-of-way line of said Colorado
State Highway No. 121 to the South line of the Horth 39.75 feet of the SEi14
of said Section 23; thence continuing SOB'04'54"N, 10.00 feet along the
Easterly right-of-way line of said Colorado State Highway Igo. 121; Thence
continuing S0o'04'54"N, 121.85 feet along the Easterly right-of-way line of
said Colorado State Highway No. 121 to the TRUE POINT OF BEGINNING;
Thence N09'56'20"E, 8.50 feet;
Thence SOO'04'54"N, 374.12 feet Parallel with the Easterly right-of-way line
of said Colorado State Highway Igo. 121 to the South line or the North 149.00
feet or the South 2/5ths of the N1/2 of the 110/4 of the iIN114 of the SEi/4 of
said Section 23;
Thence S09'55'54"N, 0.50 feet along the South line of the North 149.00 feet of
the South 2/5ths of the N1/2 of the ANI/4 of the NN1/4 of the SE1/4 of said
Section 23 to the Easterly right-of-way line of said Colorado State Highway
No. 121;
Thence 1100'04'54"E, 374.12 feet along the Easterly right-of-way line of said
Colorado State Highway Ho. 121 to the TRUE POINT OF BEGINNING.
Area ^ 3,180 square feet 10.073 acres), more or less.
RECEPIION NO- 137tthe227
EXIIJBIT B
Eagle Property
TheEast 1/2 of the Northwest 1/4 of the Northwest 1/4 of the
Suu theast 1/4 of Section 23, in Township 3 South, and Range 69
West of the SIX th Pr Incipal Meridien in Jefferson County, Colorado,
�exoept the North thirty feet, in use as Nest 44th A—r—
RECEP 110" NO. e7066-121
EBNIBIT C
R. W. Property
The West 1/2 of the Northeast 114 of the Northwest 114 of the
Southeast 114 of Section 23 in Township 3 South and Range 69
Nest, of the Sixth Principal Meridian, in Jefferson County,
Colorado, except the North 30 feet, in use as West 44th Avenue
except the East 25 feet in use as Upham Street, and except the
East 124 feet of the North 130 feet thereof
PECEPTTO14 110. ^o'/UMb�J/
EXHIBIT o
Now Thirty-five Foot Easement Pr"Perty
A strip of land 35.00 feet in width located in the WI/2 of the 11111/4 of the 13
NW1/4 of the SEi/4 of Section 23, 13S, 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 ET/4 Corner of said
Section 23 bears 1489'5020'E, thence 500'04'54"W, 356.14 feet along the West
line of the SEI/4 of said Section 23, thence H89'56'20"E, 40.00 feet to the
Easterly right-of-way line of Colorado State Highway No. 121 and the TRUE
POINT OF BEGINNIIIG;
Thence continuing N89056'ZO"E, ZB8.58 feet to the East line of the W1/2 of the
IIWI/4 of the NWI/4 of the SET/4 of said Section 23;
Thence S00'03'SZ"W, 35.00 feet along the East Tine of the W1/2 of the N191/4 of
the NWi/4 of the SEI/4 of said Section 23;
Thence 589'56'20'W, 280.59 feet to the Easterly right-of-way line of Colorado
State Highway No. 121;
Thence NOO'04'54"E, 35,00 feet along the Easterly right-of-way line of
Colorado State Highway No. 121 to the TRUE POINT OF BEGINNIIIG.
Area - 10,100 square feet or 0.232 acres, more or less.
HLCEF,f I0t1 Ne- 8706:.227
UHIBIT E
Neu Flat Easement Propert.
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:
Conrencing at the Center of Section 23, T3S, 969W of the 6th P.M., thence
1169'56'20"E, 328.50 feet along the East -Nest centerline of said Section 23 to
the Northwest Corner of the ET/2 of the 11111/4 of the NW1/4 of the SEi/4 of
said Sectfan 23; thence SUO-03'46"W, 30.00 feet along the Nest line of the
Ei/2 of the NWl/4 of the 11111/4 of the SEI/4 of said Section 23 to the Soutn
right-of-way line of 44th Avenue, also being the Northwest Corner of said Lot
4 and the TRUE POINT OF BEGINNING;
Thence 989'56'20"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 500`03'46"W, 8.50 feet parallel with the Nest line of the E1/2 of the
HW1/4 of the IIW1/4 of the SE1/4 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 500'03'46"W, 592.74 feet parallel with the West line of the E1/Z of the
NNT/4 of the HW1/4 of the SEI/4 of said Section 23 to the South line thereof;
Thence S89'55'40"W, 30.00 feet along the South line of the E1/2 of the NWI/4
of the HW1/4 of the SE1/4 of said Section 23 to the Southwest Corner thereof,
also being the West line of said Lot 3:
Thence No0'o3'46"E, 631.18 feet along the Nest 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.
ti The south five (S.U) feet of the north thirty Nva (35.0) feet
0 of the [test one hundred (100.0) feet of the east one hundred
yy 3
Ji twenty if ye (125.0)feet of the W>f of the REb of the 4N9 of the
S154 of Section 23. Township 3 South• RaMe 69 West.
Y
n
O
O
The room. is S-« 1rel m wide". to. side boundary hoes of the easement in." b • Ianalhmed and shortened as
salt
to
ancm•lui, a wuihium'n shin nF ret Ipf Than tlu aborawHm at a0 wbstoo
Pr
Grumer's opCrort
erty ad Wthe a6aee
dsoscribed cbnurline a-4 c.00, ing to th, bnundm191 of No Of—;,opertlG.
Together with rho right m anter upon avid x -5 -to e -.Y, apnanwr. mataain, apnme, raPalr, Ieplace, sasntml and sue
said Wilily lines and utad fi.d.- sore &d -sal to temova sof- mlmfcrinp therewith, hdudisg the [rimming .1lees
and bmhas, and Wpm., with Ih. r aht to use w rnucir os the adjnininp premhes *11"— dlning suraeyi ,1 wml,uction, mafn,
reWh. re oval, o replacement of said utility Ilan sod relau l IN.- and devises as may In required to Parinft the
Pperedon of stardom .salty wnahuctinn o, repair maamne,y, and the tyht a o -Il the Installation at tha faelliliet PI any
wise, co—I. The fwantar ,elwres ate aipht to me eml tauPY Ne .=lot fur al1Y p,rpm ,unsismot with the ,*[ and
Privit oo, above g nutl and w•hlrh «ill nal int, lore with or mnwger any w the :old Companj s aariill" floral. orux thttmt.
uch rnurratinn by Ne Grsntor shall in no wane melude Ilan right to erect or Ceufe to be eeeetatl any UWlclinys ar atmelorm Upon
aha eauaens grantttl a
11—
e locateny a-
- At, home na9er .oats shores.. In ane nl she Pwiureni abanda-ant.l the resemml
all right, draylr are'arena. ercnerd muse--mhefe.
Tho wort. of i. ueIIInU and mmmaiiiiry said lint,ry
antl fu sled natures and deha,hall hu done with are; the suttees rIva
W. m:un<n[ f}iall Ue raiomtl sutstanslally to its nAgo,l leve: end contlltlDn.
"Gsantw shore inmude the alpmar,,dura,,@ndniax, mawlhse. end nr,ter.
r 5lpned did, day nl "-1,� _.._, 10 y"1.
InITNESSFjS.-}
�I STATE OF COLURAnn, I
Cwnly of e[+t+c,rI-Iu
yo Ve le ydeynt fff f r. f0 k�a
GRAMOR:
D: n.—xutGn, s
xnrkn[{ a CY
Si eco 0{{ -
The lc,tatina Insl-1- suss ar rl-h sod taboo ma Chit
.. M ...:himiz�.ikglms , i>//.l �yi 1fj,•t.:�'.=�rNma Ise- _._-_
svfid�'.if.(nyl,rah�srgbuwi,l ,eel- - - F -g7 -FS
aosP�rt�_t�c._Ye vr6
lnVER Fox APPrTWNAA NnIAAJE9
con•+ lwla,oa ,aaa 1%JIIHTY aiF .ti 1-f,,.RliGat RETAIN aEPeaAAFNTAY
Sl `,IhT:- Ill f.�:l-Jlf ll«G
t$��
NECI_PI IGry N0. C]i«+;!S:i O°"+n'mt No. 150913
flemrWdat
oilow __M., RH: aIlell7 13:57 Nm Rm. 23-
an Na. _3 _I IU Gdd No. T—
(Relx)Ael _
I
.man...
PUBLIC SERV!CF"6( fMPANY OF COLORADO UTILITY EASEMENT
n_aonDEA•a disuea
Tha anaa.,gnPl cram,. haehy aw twfedP a reales of S1.00 ONE ANO 0011001
_
imm PUBLIC SERVIC,F COMPANY OF CCLORADO, 560 150, Strot, Denser, Colorant,
90202.4905, In -ude,Plinn of w61C, hMafe6y Crones -11 acid Comoeny, io aneccu-end
a„iant. anrot lP ctn.•tro o' Postale, maintain, oPau am replica sslplw ILMI and all
a—,
Raalas and owd or l the PRra4Pn et ealo Rocs. [trough. --oda" ora a
'lfal`
d m
anons a course as sold line nsay ht hash, aomow[od Cntl replatta In Lot
91xk ^saMirision
I
ID Iho__ t Extien 27._- l; a'
TowaMP - . 11.4a T of the
_. _6_
erb__
Prlrninal Mfian fnehemtYtt Wheat a'Q-M Pt Jeff¢YSOn
ptlila nl Cnlaretlo, the eemer Ilne PI Iha eatamont �s tlescriDCU a fmlpWe:
ti The south five (S.U) feet of the north thirty Nva (35.0) feet
0 of the [test one hundred (100.0) feet of the east one hundred
yy 3
Ji twenty if ye (125.0)feet of the W>f of the REb of the 4N9 of the
S154 of Section 23. Township 3 South• RaMe 69 West.
Y
n
O
O
The room. is S-« 1rel m wide". to. side boundary hoes of the easement in." b • Ianalhmed and shortened as
salt
to
ancm•lui, a wuihium'n shin nF ret Ipf Than tlu aborawHm at a0 wbstoo
Pr
Grumer's opCrort
erty ad Wthe a6aee
dsoscribed cbnurline a-4 c.00, ing to th, bnundm191 of No Of—;,opertlG.
Together with rho right m anter upon avid x -5 -to e -.Y, apnanwr. mataain, apnme, raPalr, Ieplace, sasntml and sue
said Wilily lines and utad fi.d.- sore &d -sal to temova sof- mlmfcrinp therewith, hdudisg the [rimming .1lees
and bmhas, and Wpm., with Ih. r aht to use w rnucir os the adjnininp premhes *11"— dlning suraeyi ,1 wml,uction, mafn,
reWh. re oval, o replacement of said utility Ilan sod relau l IN.- and devises as may In required to Parinft the
Pperedon of stardom .salty wnahuctinn o, repair maamne,y, and the tyht a o -Il the Installation at tha faelliliet PI any
wise, co—I. The fwantar ,elwres ate aipht to me eml tauPY Ne .=lot fur al1Y p,rpm ,unsismot with the ,*[ and
Privit oo, above g nutl and w•hlrh «ill nal int, lore with or mnwger any w the :old Companj s aariill" floral. orux thttmt.
uch rnurratinn by Ne Grsntor shall in no wane melude Ilan right to erect or Ceufe to be eeeetatl any UWlclinys ar atmelorm Upon
aha eauaens grantttl a
11—
e locateny a-
- At, home na9er .oats shores.. In ane nl she Pwiureni abanda-ant.l the resemml
all right, draylr are'arena. ercnerd muse--mhefe.
Tho wort. of i. ueIIInU and mmmaiiiiry said lint,ry
antl fu sled natures and deha,hall hu done with are; the suttees rIva
W. m:un<n[ f}iall Ue raiomtl sutstanslally to its nAgo,l leve: end contlltlDn.
"Gsantw shore inmude the alpmar,,dura,,@ndniax, mawlhse. end nr,ter.
r 5lpned did, day nl "-1,� _.._, 10 y"1.
InITNESSFjS.-}
�I STATE OF COLURAnn, I
Cwnly of e[+t+c,rI-Iu
yo Ve le ydeynt fff f r. f0 k�a
GRAMOR:
D: n.—xutGn, s
xnrkn[{ a CY
Si eco 0{{ -
The lc,tatina Insl-1- suss ar rl-h sod taboo ma Chit
.. M ...:himiz�.ikglms , i>//.l �yi 1fj,•t.:�'.=�rNma Ise- _._-_
svfid�'.if.(nyl,rah�srgbuwi,l ,eel- - - F -g7 -FS
aosP�rt�_t�c._Ye vr6
lnVER Fox APPrTWNAA NnIAAJE9
COId8L1,77NG ,�",_,,- SELLARDS & IGRIGG, INC.
CN 6 7 N C E w s r Ona Union Square a 143 Union Boulevard. Suits 280
Lr7 Vke+vwod. Colantic 80228 13033 988.1444
LEGAL DESCRIPTION
WADSWORTH TOWN CENTER
A parcel of land lying within portions of Sections 23 and 26, Township 3
South, Range 69 West, of the 6th P.M., City of Wheat Ridge, County of
Jefferson, State of Colorado, being bounded on four (4) sides as follows:
I. On the west by the west right-of-way line of Wadsworth Boulevard.
2. On the north by the north right-of-way line of W. 44th Avenue.
3. an the east by the east right-of-way line of Upham Street.
4. On the south by the south right-of-way line of W. 38th Avenue.
It is the intent of this description to establish the boundary lines to
intersect at points where the west, north, east and south said right-of-way
lines as of October 1. 1987, when ezterded, would meet. This description
was prepared without benefit of an actual field survey and is not to be
relied upon as representing a monumented land survey.
Said parcel contains 65 acres more or less.
Prepared by: John A. Lambert. P.L.S.
Date: September 30, 1987
SAG No. 87598-2I
875981d.jsl 4
3_1.
DECEPTION NO 91108123
EXHIBIT 3
by a court of competent jurisdiction invalid, such judgment shall
not affect application to other persons or circumstances.
section 3. Safety Clause. The City Council hereby finds,
determines, and declares that this ordinance is promulgated under
the general police power of the City of Wheat Ridge, that it is
promulgated for the health, safety, and welfare of the public, 1
and that this ordinance is necessary for the preservation of
health and safety and for the protection of public convenience
and welfare. The City Council further determines that the
ordinance bears a rational relation to the proper legislative
object sought to be attained. rp
Section 4. This ordinance shall take effect one (1) day
after final publication.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of
7 to 1 an this 22nd day of necamher , 1986,
ordered published in full in a newspaper of general circulation
in the City of Wheat Ridge and Public Hearing and consideration
on final passage set for January 12 , 1987, at
7:30 o'clock p.m., in the Council Chambers, 7500 West 29th
Avenue, Wheat Ridge, Colorado
READ, ADOPTED, AND ORDERED PUBLISHED on second and final
reading by a vote of _ 7 to 1 this 12th day of January
1987. ---
SIGNED by the Mayor on this 13th day of Januar,
1987.
Mayor pro I
for Frank 'Stites, Mayor % 1
ATTEST:
44f
i
Wanda Sang, City CIrk
1st Publication: 1/1/1987 APPROVED S T40' 2nd Publication: 1/15/1987 OFFICE%r��
TDR
Wheat Ridge Sentinel:
Effective Date: 1/16/1987
Joh / . Hayes
RECEPTION NO. 91108123
2
RECEPTION NO. 91108I$3
INTRODUCED BY COUNCILMEMBER MERE
Ordinance No. 709
Series of 1986
TITLE: AN ORDINANCE REPEALING AND REENACTING SECTIONS 23-3 AND
23-4 OF THE CODE OF LAWS OF THE CITY OF WHEAT
RIDGE. THEREBY ESTABLISHING THE WFEAT RIDGE ECONOMIC
DEVELOPMENT AND REVITALIZATION COMMISSION AND PROVIDING
GUIDELINES FOR THE MEMBERSHIP THEREOF. /
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO AS FOLLOWS:
section 1: Section 23-3 of the Code of Laws of the city of
Wheat. Ridge is hereby repealed and reenacted as follows:
Section 23-3. Economic Development and Revitalization
Commission Established; Rights and Duties
Generally.
Pursuant to Colorado Revised Statutes, Title 31, Article 25,
Part 1, the Wheat Ridge Economic Development and Revitalization
Commission is hereby organized and established. Said Commission
is hereby vested with all of the rights contained, and is
_ authorized to carry out all of the duties and functions as
provided, in C.R.S. 31-25-101, et. seq., as it now exists or as
amended in the future; provided, however, thatt the use of eminent
domain shall not be undertaken without the approval of a majority
of the City Council having first been obtained.
Section 2. Section 23-4 of the Code of Laws of the City of
Wheat Ridge is hereby repealed and reenacted as follows:
Section 23-4. Appointment of Members; Number
The Commission shall consist of nine (9) Commissioners, two
(2) of such Commissioners being from each of the existing, or
hereafter altered, City Council Districts, and one Commissioner
to serve at large. Those members of the Urban Renewal Authority
presently serving as Urban Renewal Commissioners shall continue
to serve the term to which they were originally appointed without
regard to Council District residency until such time as the term
to which they have been appointed has expired. Each appointment
to the Commission shall be made by the Mayor subject to approval
by majority vote of the entire City Council. The term of office
of each Commissioner shall be five (5) years. Terms of office
shall be staggered so that the term of at least one (1)
Commissioner shall expire each year.
Section 2. Severabiliti�. if any clause, sentence,
paragraph, or part of this ordinance or the application thereof
to any person or circumstances shall for any reason be adjudged
EXHIBIT F
..:.0,L)TION NO, 756
Series of 1981
TITLE., RESOLIM ON APPROVING A LIMITED IVADSWORIV TOWN CENTER PROJECT DATED
DECEMBER 9. 1981, INCLUUING THE URDAN HCNL•WAL PLAN.
NHCRCAS; pi,blie notice has been given and the City Council has held
public hearings on September 28, 1981 and on December I4, 1961 on the ^fadsworth
Town Center Project and Urban Renewal Plan.
HIIEREAS, the City Council has established an Urban Renewal Authority.
WHEREAS. the Planning Commission has found that the Urban Renewal
Plan conforms to the Comprehensive Development Plan.
NOW; THEREFORE, BE IT RESOLVED that the Council finds that there is
blight,in the Wadsworth Town Center Project Area which area is the Urban
Renewal Plan Area.
BE IT FURTHER RESOLVED that the Council finds that the Urban Renewal
Plan conforms to the Wheat Ridge Comprehensive Development Plan. j
SL' IT FURTHER RESOLVED that the plan affords me.ximum opportunity for V
the rehat•ilitation or redevelopment of the Urban Renewal Area by private `
enterprise.
BE IT FURTHER RESOLVED that the Urban Renewal Plan contained
within the Limited Wadsworth Town Center Project dated December 9, 1941 is
hereby approved and the Limited Wadsworth Town Center Project is also approved.
-,ONE-AND RESOLVED this 14th day of Dece@6er �, A.D., 1981,
FRANK STI"IES, MAYOR
ATTEST:
CAVAL F. "IPP, CITY CL -RK'
" RECEPTION NO. 91100123
j
EXHIB . E
_!k— PAGE -2-
Section 4.' The Mayor is hereby directed, pursuant
to C.A.S. 1371. 11-25-104, to appoint 7 commissioners to
servo 00 the Wheat Ridge Urban Renawal Authority.
Sactioh S. SafetCLaose. The City council
hereby !in s3` uoto:minae. an ac arae that enia ordinance
is promulgated under the goreral police power of the City of
Wheat Ridge, that it is promulgated for the health, safoty,
and vslfare of that public, and that this ordinance is
ntCeBaary for the preservation of health and aafoty and for
the protection of public convenience and weLfars. rite City
Council further determines that the ordinance boar• a
rational relation to the proper legislative object sought to
Do attained.
Section 6. Severability. If any clause,
qq
sl�
sontedce, paragraph, or paw -this ordinance or the
/lVV7T''
application thereof to any person or circumstances shall for
any reason be adjudq&d by a court or compstant jurisdiction
invaLid, such judoNant *hall not affect, impair or
invalidate the rmmainder of this ordinance or its
application to other persona or clrcurostances.
Seet.ior, 7. This ordinance shall take effect 1Odayt
after finoip,ib-MatlOA.
iNTRODUCEO. READ, AND ADOPTED on first readlnq by a vote of 4 to
2 1 abstention ort thi■ ���_ day of _14811
ordered publlahod In PuiT in a nawspepar of general
circulation in the City of Wheat Ridge and Public hearing
and consideration on final passage set for 5 28
1901, at 700 o'clock P.M., in the Council Cnarlmea,-�
West 29th Avenue) Wheat Ridge, Colorado.
HEAD, ADOPTED AND ORDERED PUaLIS11ED on second and final
reading by a vola of -fi_ to _. with ahstm is this 778th day of
L
,Sp3ifmDtr.1981. SIGNED by the Mayor on tQs -, 'day a£
r .13..L- 2402.
II
PIIANaf2 Ir. YORK i
ATTESTI
C/ %fes tl
Carol Ijemlif, C t C Br c
let Publication, Sept. 17, 1981
2nd Publication, Oct, 6, 1981
Wheat Ridge Sentinel
Effective Date, Oct. 18. 1981
APPROVED AS TO FORM Dy CITY ATTORNEY
0
dql a E. tares. clgF nTT EnEY cm :•',::
i
tl
C tl
m
In
RECEPTION NO. 91108L23
INTIVIDUGED BY COUHCILMRNUeR MERG
ORDINANCE NO. _462
Sari oa of 19!31
TITLEt AN ORDINANCE FINDING TIIE EXIB,TP.NCE Ob BLIGHTED
MI?AS WITHIN TIIE CITY, ANO TIIE NL'E13 Yon 711E
RCO%SVCLOt`NY.NT AND REHARILITATION OF SAID ARFA.St
DECLARING IT TO BE IN THE PUBLIC INTeREST THAT AN
URUAN RENEWAL AUTHORITY BE OR6ANI%V:Dr OROANIZING
ANn 1S'.A2LISIIIHG TIIE WHEAT RIDGE URBAN RCNV.WAL
AUTHORITY PURSUANT TO STATE. STATUSEi DIRECTINO THE
MAYOR TO APPOINT COIiNiSSIO1JM-; TO SERVE ON SAID
AUTHORITY.
WHEREAS, Colorado Revised Stat-utew 1973,
]1 -ZS -101,
at seq., provide for Lite organization and
sstablishmunt of an urban renewal authority; and
wBpAF.As, a petition bearing the rdyuiaite number
of signatures has been presented to the city clerk —ting
forth that there ie a need for an urban renewal authority to
function withln the City of Wheat Ridgur and
wNenr-,s, evidence Rat bean prevent,. that Certain
areas Of the City are Ln a bligbtod cond:.tion, and are In
need of redevelopment and rehabilitation% and
WIIERr.AS, such urban renewal authority would be
responsible for and -*-it to accomplish tta tedevelepoent and
rehab; lltation of blLghted areas to provide s safer and more
UNSful envlronaent for their users and inhabitantsr to
Prc,note improved traffic patterns and eliminate traftic '
hazards within the aroar and, to ensure sound social and
economic growth patterns within Lite Cityl
NOW, THERCrORE, BE IT ORDAINED BY TIIE CI7Y COUNCIL
OF TIIE CITY OF WIIEAT RIDGE, COWRADO, THA -113
section 1, meed upon ell of the evidence
preannted ioit at a public hearing, notice of which was
duty published, and after considering such faCtara as the
physical condition and age of the buildings in particular
areas of the City, the aggravated traffic problems created
by present estreat layouts in portion. of tine City, and the
impairment of sound commercial growth patterns within
portion$ of the City and their adverse afflict upon the
future devololment of the City, the City Council hareby
finds he follower
(a) One or more blighted areas erlat within the
City of Wheat Rldgsl and,
(b) The acquisition, clearance, rehabilitation,
conservation, development, redevelopment, Or s, combination
thorcof, of ouch areas io necessary In preserving Atte
ensuring the public health, safety, and welfare of the
residents of the City of itheat Ridge.
Section 2. The City Council hereby decIATaa that
It ie in the public interest for an urban runewal authority,
crested pursuant to Colorado Revised Statutes 1973.
31-25-101 at eery., to fwsction within the City of Wheat
Ridge and to exercise the powers provtdod therein.
Section 3. Pursuant to Colorado Revised Statutes
1973, 31=25-ig1 at seq., the Wheat Ridge Urban Renewal
Aucnurity is he—hy organized and ostabtt.had. Said
Authority is hcroby vasLud with all of the rights contained.
and is authorized to carry out all or the duties and
functions as provided, In C.R.S. 1971, 31-25-LO1 at seq.,
so it now axiots or as amended in the future.
EXHIBIT,f:Q
RECEPTION NO- 91i08123
FUCIIRB LAND USE INP Op
TFIE
WNEA7 RIDGE CWPRENENSM DEVELDPNE7i
PLAN
RECEF-ION 1,40. 91108123
�jJ'�jZ pEVAkfMEM p/ CpYMINrh p[vRpil/[Y
EXH1131T C
I
RECF_PTIDIJ ND. 9110B123 1EXHIBIT B-'2'_EXP ANSION OF PROJECT 'AREA
PHASE 2
RECEPTION NO- 91108123 -EXHIBIT B-1
PROJECT AREA PHASE 1
...._EXHIBIT A
RECEPTION N0. 911m8123 PROJECT AREA
into the tax increment revenue fund of
the Authority.
h. The division of ad valorem property taxes for
the project area shall be divided and paid to
the Authority by the Jefferson County
Treasurer as provided by Colorado law.
i. All tax increment revenues described in this
section regarding financing will be
Irrevocably pledged by the Authority for the
payment of the principal of, the interest on
and any premiums due in connection with the
bonds, lcajis, advances and indebtedness of
the Authority.
G. CHANGES IN THE APPROVED PLAN
This Plan may be modified as provided by the Colorado
Urban Renewal Law.
MINOR VARIATIONS
Where a literal enforcement of the provisions contained
in this Plan would constitute an unreasonable
limitation beyond the intent and purpose of these
provisions, the Authority may in specific cases allow
minor variations from these provisions.
COOPERATION AGREEMENTS.
The Authority and the City may enter into cooperation
agreements as allowed by the home rule charter of the
City of wheat Ridge and Colorado Urban Renewal Law to
further implement this Plan. Such agreements may
include, but and not limited to: provisions for
reimbursement to the City of funds expended since
adoption of the plan in 1981 for staff, equipment,
supplies, activities and expenses of the Authority;
grants for projects made by the city; and defining the
roles of the Authority and the City in the development
of the project area.
J. WHEAT RIDGE TOWN CENTER MASTER PLAN INCORPORATED
The Wheat Ridge Town Center Master Plan, which was
adopted by City Council on January 25, 1982, and
amended on October 12, 1987, as Section IS.A. of the
Wheat Ridge Comprehensive Plan is incorporated by
reference herein as Exhibit #5. Th.e goals and
objectives of that plan provide both general and
specific guidance for implementing this Urban Renewal
Plan. The Master Plan provides specific standards and
criteria for implementing the approved project
elements.
RECEPTION NO. 91108123
18
the projects anticipated in this Plan have
been accomplished and all debts incurred to
finance those projects have been repaid or
otherwise disposed of. In that event, the
Authority may declare the Plan implemented,
and all taxes upon taxable property, and
total municipal sales tax collections derived
from the Project Area thereafter shall be
paid into the funds of the respective public
bodies as provided by law.
g. The division of municipal. sales taxes
generated and collected from within the
Project Area after December 2;1, 1981, shall
be:
(1) The base year amount for the property
described on Exhibit 9-1 shall be paid
into the funds of the City annually
commencing on January 1, 1981, and the
first day of January of each year
thereafter.
(2) The base year amount for the property
described on Exhibit B-2 shall be paid
into the funds of the LCity annually
commencing on October 1, 1987, and the
first day of October of each year
thereafter.
(3) Upon receipt by the City, 1004 of the
incremental amount in excess of the base
year amount set for the areas described
on Exhibit B-1 and Exhibit B -Z shall be
paid into the tax increment revenue fund
of the Authority as required for debt
service.
(4) Payment of incremental funds into the
tax increment revenue fund shall
commence only after the base year amount
has been collected and paid into the
funds of the City. Thereafter, and
until the last day of December of each
year for the property described on
Exhibit B-1 and the last day of
September for the property described on
Exhibit B-2, the incremental amount in
excess of the base year amount shall be
paid into the tax increment revenue fund
of the Authority.
(5) All interest earned on the deposit or
investment of funds allocated to the tax
increment revenue fund shall be paid
RECENrICN No. 9110812a
17
The effective date of the modified Plan for
the additional area described in Exhibit 8 -2
for tax increment financing purposes is
October 1, 1987, that data being subsequent
to September 15, 1987, the last date of
certification of valuation for assessment of
taxable property within the boundaries of the
area. The base year for- property tax
valuation shall be 1987 for the property
described on Exhibit B-2.
C. Municipal sales taxes collected in the Urban
Renewal Area described in Exhibit B-1 for the
12 -month period ending on the last day of the
month (December 31, 1981) prior to the
effective date of the original Plan for sales
tax increment financing (January 1, 1982) has
been calculated by the City Clerk and
certified to the Authority. The 12 -month
period base year for the division of sales
taxes for tAie property described on Exhibit
B-1, shall be January 1, 1981 to December 31,
1981. The sales tax base for Such property
is $528,330.
d. Municipal sales taxes collected in the Urban
Renewal Area described in Exhibit B-2 for the
12 -month period ending on the last day of the
month (September 30, 1987) prior to the
effective date of this Pian for sales tax
increment financing (October 1, 1987) shall
be calculated by the City Clerk by October
31, 1987 and certified to the Authority. The
12 -month period base year for the division of
sales taxes for the property described on
Exhibit B-2 shall be October 1, 1986 to
September 30, 1987.
e. The Authority has established a tax increment
revenue fund for the deposit of all funds
generated pursuant to the division of
property and municipal sales tax revenue
described in this section regarding financing
and any other funds so designated by the
Authority.
f. The property and municipal sales tax shall be
divided according to Colorado law, for a
period of 25 years from the effective date of
the adoption and establishment of each urban
renewal area for the property described on
Exhibit B-1 (January 1, 2007) and for the
property described on Exhibit 11-2 (October 1,
2012) unless the Authority deems that all of
RECEPTION NO. 9110B1E3
16
widening, curbs avid gutters, drives, sidewalks,
open space, drainage control, signs and landscaped
areas.
PROJECT FINANCING
FINANCING METHOD.
The Authority is authorized to finance projects
for the implementation of this Plan with property
tax increments, sales tax increments, interest
income, or any other legal sources of funds.
The Authority is authorized to issue bonds in any
amount sufficient to finance all or any part of
the project in accordance with applicable law This
authorization is not limitad by the financing
structure which may be approved by the City
Council. The Auth,,rity is authorized to borrow
funds and create indebtedness in carrying out this
Plan. The principal and interest in such
indebtedness will be paid from tax increments or
any other funds available to the Authority.
TAX INCREMENT.
The projects initiated to implement the Plan are
to be financed by the Authority under the tax
allocation financing provisions of the Urban
Renewal Law of the State of Colorado. The general
provisions of the financing method are set forth
below. In accordance with the requirements of
Section 31-25-107(9)(a), C.R.S., Jefferson County
School District R-1 has been requested and
permitted to partir;ipate in an advisory capacity
concerning the project financing included in this
Urban Renewal Plan.
3. TAX ALLOCATION.
The following information describes the division
of funds necessary to implement the tax increment
mechanism for the Authority under this Plan. This
description relates to all property and municipal
sales taxes generated within the urban renewal
area.
The effective date of the original Plan for
tax increment financing purposes for the
initial urban renewal area, which is
described on Exhibit B-1 was January 1, 1982,
that date being subsequent to September 15,
1980, the last date of certification of
valuation for assessment of taxable property
within the boundaries of the area. The base
year for property tax valuation shall be 1980
for the property described on Exhibit B-1.
RECEPTION NO. 91108123
is
(6) The minimum benefits to which all
eligible relocatees shall be entitled
shall be in accordance with the
applicable statutory and legal
requirements.
4. PROPERTY ACQUISITION.
The Authority may sell, lease, or otherwise �D
transfer real property or any interest therein
acquired by it as a part of an urban renewal
project for residential, recreational, commercial,
industrial, or other uses or for public use in
accordance with the Urban Renewal Plan pursuant to
the provisions of the Urban Renewal Law of the
State of Colorado, Section 31-25-106(1), C.R.S.
(1973) as amended. The Authority shall not
acquire more than the most western 150 feet of any
residential property unless the residential
property owner should desire or request the
Authority to do so.
If the Authority should acquire any residential
property which includes an owner -occupied
residential structure, and the: Authority, in its
sole discretion, determines that the residence
shall be sold or leased to a third party, which is
not the developer for the majority of the project
area, the owner -occupant at the time of the
Authority's acquisition shall have the right of
first refusal to purchase or lease the residence.
Such right shall be subject to the terms and
conditions established by the Authority. In no
event shall such right of first refusal exist
beyond five (5) years after the date of the
Authority's property acquisition from the owner -
occupant, termination of the plan or January 1,
2006—whichever is earlier. This right is
available only to an owner -occupant so long as
he/she occupies the property.
DEMOLITION, CLEARANCE AND SITE PREPARATION.
Buildings, structures, pavement and other
improvements may be demolished and cleared from
property which the Authority acquires, and the
property may be prepared for new improvements in
accordance with this Plan.
PUBLIC IMPROVEMENTS AND FACILITIES.
The Authority may install and construct or
cooperate as appropriate with other public or
private agencies, in the installation and
construction of such public improvements, public
facilities and utilities as are necessary to carry
out this Plan. Such improvements, facilities and
utilities include, but arenot limited to, street
RECEPTION NO. 91108123
14
for which the business receives reimbursement or
compensation from other sources.
Relocation benefits will be available only to
businesses functioning and residents living within
the project area as of the date of the Authority's
Notice of Intent to Acquire Property to the
businesses and residents.
� To implement this relocation policy, the Authority
shall adopt a Relocation Handbook. The Authority
may designate a person to be! responsible for
negotiating the relocation tenefits with the
property owners and tenants. Such person shall
negotiate in strict conformance with the
provisions of the Handbook and the direction of
the Authority. The Authority may also establish a
Relocation Committee to assist the negotiator with
the application of this Plan and the Handbook.
The Relocation Committee shall serve as directed
by the Authority.
The Relocation Handbook shall include, but is not
limited to, the following:
a. The procedures for applying for relocation
benefits from the Authority;
b. The manner in which the Authority shall pay
such relocation expenses;
C. The moving expenses and related expenses for
which the Authority shall pay the reloeatee;
d. The method for appealing a determination of
the relocation negotiator or Relocation
Committee to the Board of CommiSSioners of
the Authority;
e. The expenses for which the Authority shall
not pay relocation benefits, including but
not limited to:
(1) Loss of business profite;;
(2) Loss of goodwill;
(3) Losses for which the :=elocatee shall
receive reimbursement or compensation
from another source;
(4) Legal fees and related costs; and
(5) Costs of constructing or moving real
property improvements;
REL'EP'TION NO. 91108I23
13
ordinance or regulation in order to meet the
intents and purposes of the urban renewal law and
this Plan.
2. Within Communis_ The City shall continue its
efforts to enforce diligently its; building code,
housing and occupancy codes and standards as well
as the zoning code and other applicable municipal
codes in order to prevent the spread of
deterioration throughout Wheat Ridge. Although
redevelopment of the project area may be effected
with a single developer through a public-private
partnership as described herein, financial and
development incentive programs and policies may be
Considered by the Authority and the City to
encourage and effect rehabilitation and
redevelopment of other properties within the
project area and the community. These efforts are
to prevent the spread of blight within the City
and encourage redevelopment by setting established
guidelines for redevelopment and use of properties
by private owners.
PROJECT ACTIVITIES
1. POWERS OF THE AU'T'HORITY.
The Economic Development and Revitalization
Commission shall have all the powers granted to an
urban renewal authority under the provisions of
the Urban Renewal Law of the State of Colorado,
Part I of Article 25 of Title 31, Colorado Revised
Statutes.
Nothing in this Plan shall be construed to limit
any statutory power of the Authority.
2_ PROPERTY MANAGEMENT.
During the time that acquired property is owned by
the Authority, such property shall be under the
management and control of the Authority and may
be rented or leased, pending its disposition for
redevelopment.
3. RELOCATION.
The Authority shall assist business and residence
occupants with moving and relocation expenses as
required by law. The Authority shall pay the
moving expenses and actual direct losses of
personal property as a result of relocation from
the project area. However, because an urban
renewal authority is not allowed to pay for
certain matters by Colorado law, the Authority
shall not pay for items such as loss of goodwill
or loss of profit of any business, or any costs
RECEPTION NO. 91108123
12
anticipated traffic volumes, the peak -time back-up
of traffic at major intersections, difficulty of
ingress and egress with the internal Project Area
and inefficient use and underutilization of land
within the Project Area as well as multiplicity of
ownership and buildings and land which are vacant
and underutilized resulting in a low economic
return for the centers and the City.
Redevelopment of the Project urea in a manner
compatible with and complimentary to existing
development and uses in the general area,
including adjacent and nearby residential
neighborhoods, office, commercial and recreational
development thereby increasing the Project Areas'
ability to compete with retail centers in the one,
three and five mile radius of the Area.
3. Encouragement of increased patronage of businesses
within the Urban Renewal Area and adjacent areas
by improving traffic circulation, access, and
attractiveness, unification and recognition of the
commercial center.
4. Provision of a stronger, more balanced tax base
through new development and increased commercial
activity..
5. Encouragement of rehabilitation of properties that
have a potential for function more compatible with
new development.
6. Create a Town Center.
LAND USE REGULATIONS, BUILDING REQUIREMENTS AND
VOLUNTARY — —----------------------------- ---
VOLUNTARY REHABILITATION.
1. Within Project Area. This Plan and any
modifications hereto shall control the land area,
land use, design, building requirements, timing
and procedure within the Project Area. The
Authority may impose additional written land use
and design controls as it considers necessary to
implement the intent and purposes of this Plan.
Such land use and design controls may be contained
in a Disposition and Development .Agreement with a
developer. Such controls shall provide for the
cohesive and planned redevelopment of the entire
urban renewal area. Any proposed plans for
development within the Project Area must be
approved by the Authority. Such plans must also
be approved by the City and comply with the City
of Wheat Ridge regulations and ordinances.
Provided however, the City may determine to allow
an exception of the application of any City
RECEPTION ND. 91108123
11
_V. URBAN RENEWAL PLAN
A. STATUTORY AUTHORITY
This Plan, as modified herein, has been approved by the
Wheat Ridge City Council to provide direction for the
Wheat Ridge Urban Renewal Authority, which is now
called the Economic Development and Revitalization r
Commission, hereinafter referred to as "Authority", IIYA
pursuant to the provisions of the Urtan Renewal Law of
the State of Colorado, Part I of Article 25 of Title
31, CRS 1973. The Wheat Ridge Urban Renewal Authority
was renamed the Wheat Ridge Economic Development and
Revitalization Commission on January 16, 1987, see
Exhibit F. The City Council of the City of Wheat Ridge
determined that blight existed within the Project Area
described below and established the Authority on
September 28, 1981. This Plan is adopted as the urban
renewal plan for the Wheat Ridge Town Center Urban
Renewal Project. The administration of this project
and the enforcement of this Plan, including the
preparation and execution of any documents implementing
it, shall be performed by the Authority, as provided
herein and allowed by Colorado law.
B. THE URBAN RENEWAL AREA AND THE PROJECT
The Urban Renewal Area is the entire area described as
the wheat Ridge Town Center, sometimes referred to as
the Hub, and referred to as the "Project Area" herein.
The Project Area is bounded by West 39th Avenue,
Wadsworth Boulevard, West 44th Avenue and Upham Street,
Also included in the Urban Renewal axes are the street
rights-of-way of the street intersections at the
corners of the above-described area. The legal
description of the boundaries of the urban renewal area
is attached as Exhibit 3, The Project Area is shown on
r-Ahibit A.
The properties included in the Urban Renewal Area are
listed in Exhibit 3, an inventory of properties.
The "Project" describes the sum total of all Project
Elements previously described in Section II and Seeticn
III and described in this Section IV.
C. PROJECT PURPOSES
1. Improvement or elimination of conditions
constituting blight which are detrimental to the
Project Area,. adjacent neighborhoods and
facilities, and to the City as a whole. Specific
elements of blight include, but are not limited
to, the inability of Wadsworth Boulevard to
function as an arterial road under current and
.RECEPTION NO. 9/148123
10
WHEAT RIDGE
TOWN CENTER
PROJECT
URBAN RENEWAL PLAN
Prepared by
Wheat Ridge Economic Development
and
Revitalization CommissWn
4c CFPTlnN no. gitoBip-3 Adopted 12/14/81
Modiiled 10/12/97
I5
INTRODUCED, READ AND ADOPTED at a meeting of the City
Council of the City of Wheat Ridge, Colorado on the 12th day of
October, 1987.
Mayor
r„e••,'r:,,'I,%CiUY•�clerk --� -- ---
`APPROVED AS TO, -FORM:
City tot rney
RECEPTION NO. 9ll@e123
0 0
Section 2. The City Council hereby finds that:
A. The properties to be included in the urban renewal
area contain blight as defined by Colorado law; and
H. The existence of such blighted conditions
substantially impair and arrest the sound growth of the
municipality, constitute an economic and social liability and are
a menace to the public health, safety, morals or welfare in the
present conditions and uses; and
e. The acquisition, clearance, rehabilitation,
conservation, development., redevelopment, or a combination
thereof, of the urban renewal area is necessary to preserve and
ensure the public health, safety and welfare of the residents of
the city of wheat Ridge; and
D. The area is appropriate for an urban renewal
project; and
.. Redevelopment of the urban renewal area shall
prevent the further deterioration of the Wadsworth Town Center
Area; and
1. inclusion of the residential properties is
essential to the redevelopment of the Wadsworth Town Center Area.
Section a. The commercial uses proposed Par the urban
renewal area are necessary and appropriate to facilitate the
proper growth and development of the community in accordance with
sound planning standards and local community objectives.
Section a. The urban renewal plan provides a feasible
method for the relocation of the persons and business within the
urban renewal area.
Section S. The modifications of the plan conform to the
Wheat Ridge comprehensive Plan.
Section 6. The modifications of the urban renewal plan
shall afford maximum opportunity, consistent with the sound needs
of the city of Wheat Ridge, for the rehabilitation and
redevelopment of the Wadsworth Town Center Area by private
enterprise.
Section 7. The urban renewal plan for the Wadsworth Town
Center project is hereby approved and adopted as modified in the
plan document attached to this resolution,
RECEPTION NO. 91/06123
WHEREAS, the City Cleric has caused notice of the time,
place and purpose of a public hearing to be held concerning the
modifications to the urban renewal plan to be published on
u-t,.L:,,: , 1987, in THE WHEAT RIDGE SENTINEL, a newspaper
of general circulation in the City; and
WHEREAS, at the public hearing before City council on
October la, 1987, evidence was presented which supports the y
findings contained herein that certain areas within the proposed
urban renewal area are presently in a blighted condition and are
in need of development, redevelopment or rehabilitation, or a
combination thereof; and
WHEREAS, at said hearing all residents and taxpayers of
the City and all other interested persons were given a full
opportunity to be heard.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF WHEAT RIDGE THAT:
section 1. one or more blighted areas exist in the area of
the City to be added to the urban renewal plan area within the
Wadsworth Town Center, which, by reason of the following factors,
substantially impair or arrost the sound growth of the City,
constitute an economic and social liability, and are a menace to
the public health, safety, morals, and welfare in their present
conditions and uses. Specifically, the following blight factors
exist:
A. Defective and inadequate street layout including
conflicts between bicycle, pedestrian and vehicle traffic, curb
cuts Which do not provide adequate access or do not control
ingress and egress in a safe manner: and
B. Deteriorating structures; and
C. Unsanitary and unsafe conditions including the
accumulation of trash, weeds, abandoned and inoperable vehicles,
more reports of criminal activity than comparable residential and
multi -family residential areas within the City; and
D. Unusual topography including conditions which
create accumulation of water and other factors of inadequate
drainage; and
E. Faulty lot layout in relationship to size,
adequacy, accessibility, or usefulness; and
F. Substantial impairment of the sound growth of wheat
Ridge by conflicting, incompatible uses of property. and multiple
ownership of property which prevent redevelopment and
rehabilitation of the area in an adequat,aly planned cohesive
manner. RECEPTION NO. 91/08123
RECE: PTION NO. 91108123
1 IiP0/41 13:37 L20.00
RECORDED IN
COUNTY OF ]EFFER51.N
STATE OF COLORAOC
CITY OF WHEAT RIDGE, COLORACO
1R� RESOLUTION NO. 11y
IU� A RESOLUTION MODIFYING THE WADSWORTH TOWN CENTER v`
URDAN RENEWAL PLAN TO TNCLUDE ADDITIONAL
PROPERTIES WITHIN THE URBAN RENEWAL AREA 11
AND OTHER MODIFICATIONS; AND FINDING
THAT BLIGHTED AREAS EXIST WITHIN THE AREA
WHEREAS, the Economic Development and Revitalization
Commission has recommended modifications to the urban renewal
plan for the Wadsworth Town Center Project, and submitted the
proposed modified plan to city council; and
WHEREAS, the proposed modified plan is attached hereto
and incorporated herein; and
WHEREAS, the City Council by Resclution
adopted on September L✓ 1987 determined that the proposed
modifications of the plan were substantial; ani
WHEREAS, the Planning Commission of the City of Wheat
Ridge has determined that the proposed plan conforms to the
comprehensive plan of the City; and
WHEREAS, the inclusion of the additional properties,
which include all of the residential properties along the west
side of Upham Street between West 78th Avenue and West 44th
Avenue, within the urban renewal area would accomplish the
development, redevelopment and rehabilitation of the Wadsworth
Town Center, so that the area can be developed or redeveloped to
provide a safer and more useful environment for its users and
inhabitants; to develop and redevelop such. area to provide
necessary, greater and reasonable economic utilization of same;
to promote more adequate public facilities and utilities and
improved traffic patterns; to eliminate traffic and pedestrian
hazards within the area; to ensure reasoned and sound social,
physical and economic growth within the city; to promote and
effect the goals, objectives and purposes of the urban renewal
plan; to provide a sound financial or economic base for the
community; and to provide a necessary tax base for the City; and
WHEREAS, the City Council has determined that it is in
the best interest of the City of Wheat Ridge to modify the plan
as requested; and
RECEPTION HCS, F . 3; :.- 4 Z6
4/30:2001. 14155:39 FSG: 001-00F.
PAGE FEE: -,f0.00 HiC.FEF- 0.,(:0
RECORDrf) IN JEFFERSON COUNry,
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 13-2001
Series of 2001
TITLE: A RESOLUTION APPROVING A PROPOSED
MODIFICATION TO THE URBAN RENEWAL PLAN
WHEREAS, in 1981, the City Council approved an urban rcnewal plan, known
as the Wheat Ridge Town Center Project Urban Renewal Plan (hereafter Urban
�7 Renewal Plan), which has been modified from time to time, for the elimination of 1
blight and redevelopment of certain portions of the City: and
WHEREAS, such Urban Renewal Pian included the area depicted on the map
designated as Exhibit 1 hereto; and
WHEREAS, a portion of the redevelopment area covered by the Urban Renewal
Plan (hereafter referred to as the Northern Portion) has not been developed or
redeveloped since its inclusion in the redevelopment area in 1981; and
WHEREAS, although the Urban Renewal Plan provided for the utilization of
property tax incremental revenue sources within the redevelopment area, no such
revenues have been realized from the Northern Portion since 1981; and
WHEREAS, the Wheat Ridge Urban Renewal Authority has recommended to
City Council that the Urban Renewal Plan be modified to exclude the nonproductive
Northern Portion of the redevelopment area; and
WHEREAS. the Wheat Ridge Urban Renewal Authority has adopted Resolution
No. 01, Series of 2000, with such recommendation; and
WHEREAS, because of such nonproductivity of the Northern Portion with
relationship to property tax incremental revenues, the City Council concurs with the
Wheat Ridge Urban Renewal Authority that it is in the best interests of the community
to modify the Urban Renewal Plan by deleting the Northern Portion from the
redevelopment area within the Plan; and
WHEREAS, compliance with the Urban Renewal Law of Colorado (§31-25-101
et seo C.R.S.) has been effected in the fbllowing respects, including but not limited to:
City Council's resolution that this proposed modification is substantial; referral of the
modification to the City Planning Commission and its written recommendation that the
modification is in conformity with the City's Comprehensive Plan; referral to the
Jefferson County Board of Commissioners with information affirming there will be no
impact upon the County; publication of notice of the public hearing on this proposed
RECEPTION NO. F I i.'i)C, s %t;
modification; holding of the public hearing on April 23. 2001 with all parties afforded a
full opportunity to be heard_
NOW THEREFORE BE IT RESOLVED by the Wheat Ridge City Council as
follows:
Section 1. The modification to the Urban Renewal Plan by the deletion of
the [and area as depicted on Exhibit 2 hereto and as described on Exhibit 3 hereto is
hereby approved.
Section 2. All other provisions of the Urban Renewal Plan. as modified V
and/or amended from time to time, shall be and remain in effect.
Section 3. Because all other provisions of the Urban Renewal Plan remain in
effect, the Council makes the following findings consistent with the Urban Renewal
Law based upon the existing provisions of the Urban Renewal Pian:
a. No individuals or families will be displaced and their relocation
will not be necessitated.
b. A feasible relocation plan exists for relocation of businesses
which may be displaced by an urban renewal project within the modified urban
renewal area.
C. The City Council has caused its staff to take reasonable efforts to
provide written notice of the public hearing to property owners, residents and
business owners in the modified urban renewal area at their last known
addresses at least 30 days prior to this public hearing of April 23, 2001.
d. Section 31-25-107 (4) (d) C.R.S. of the Urban Renewal Law does
not apply in that not more than 120 days have passed since the first public
hearing on this modification, because this is the first public hearing.
e. Section 31-25-107 (4) (e) C.R.S. of the Urban Renewal Law does
not apply in that City Council did not fail to previously approve this
modification to the Urban Renewal Plan deleting the subject land area.
f. The modified Urban Renewal Plan conforms to the City's
Comprehensive Plan.
g. The provisions of the Urban Renewal Plan provide maximum
opportunity for redevelopment of the urban renewal area by private enterprise.
h. Sections 31-25-107 (5) and (6) C.R.S. of the Urban Renewal Law
are inapplicable in relationship to this modification of the Urban Renewal Plan.
DONE AND RESOLVED this
ATTEST:
:Wanda Sang _City Clerk
°_.
RECEPTION NO. F. i I�647F,
day of fipil 2001.
tchen Ccrveny, Mayor—�
IT 1
RECEPTION No. P 2 6
LI
zB
6
6
MAN
I %W
N N\
M
Area to be Removed From Urban Renewal Area
Existing Urban Renewal Area
EXHIBIT 2 RECEPTION A. F A, 22r 4 76
LE
Jl
.fir----! � � �
�� ;r I� -J
Area to be Removed From Urban Ren-ewal Area
RECEPTION NO. f 1226476
EXHIBIT 3
LEGAL, DESCRIPTION:
A parcel of land located in the southeast quarter of Section 23, Township 3 South, Range 69
West of the 61 Principal -'Meridian County of Jefferson, State of Colorado, more particularly
described as follows:
Lot I, Lot 2, Lot 3 and Lot 4 of the Time Square Subdivision;
Together with: �J
The entire width of the right-of-way of W. 44" Avenue adjacent to the northerly lot line of Lot 4
ofthe Time Square Subdivision;
Together with:
The entire width of the right-of-way of Wadsworth Boulevard lying adjacent to the westerly
property lines of Lots 1, 2 and 3 of the Time Square Subdivision;
Together with:
The West %x of the NE V. of the NW V: of the SE V. of Section -23;
Together with:
The North 134 feet of the South 272.5 feet of the East 8.45 feet of the E Y: of the NW V of the
SE `/4 of Section 23;
Together with:
Commencing at the NW Comer of the NW i4 , SW '/4 , SE 1/4 of Section 23; thence along the
North line of said NW'/4, SW '/4, SE 1/4 N 89°56'00" E a distance of 45.00 feet to a point on the
Easterly right-of-way line of Wadsworth Boulevard; said point being the point ofbeginning;
thence continuing along said North line N 89°56'00" E a distance of 150.00 feet; thence
S 00°04'45" W a distance of 132.50 feet; thence S 89°54'10" W. 150.00 feet to a point on the
Easterly right-of-way line of Wadsworth Boulevard; thence along said Easterly right -of --way line
to the point of beginning; together with the entire width of the right-of-way of Wadsworth
Boulevard adjacent to the westerly property line of said parcel.
7301!'NES-_,,�
P o The Citysox r,3s Of
't7�
VI MEAT F _GE C0 Vheat `
p
Pa,- 235-29-:9 Ridge.
�Qt0FRk
August 18, 1993
4ECFPTION NO. °B1275nv 15. 1.10
RECORDED IN COUNTY OF ?EFFEPS;ON STATE OF COLORADO 9/20/93 9145
Office of the Clerk and Recorder
Jefferson County
100 Jefferson County Parkway
Golden, CO 80419
Dear Sir:
Enclosed are nine (9) address for weed removal assessments for property owners
in the City of Wheat Ridge, Please record and deduct the recording fees from
the City's account, #230-035, and forward the nine addresses and cover letter
on to Viona Brink in the Treasurers Office. THank you.
If you have any questions, please feel free to call me at 235-2845.
jicerelan Ellis
Code Enforcement Division
encl.
cc: code file
CITY OF WHEAT RIDGE — SPECIAL IMPROVEMENT ASSESSMENTS
DISTRICT CITY CODE NUMBER DATE INTEREST YEARS 70 AMORTIZE
TY E I
I
ACCT
I NAME 1
bVike Cock
C'
MAILING ADDRESS
I 3725 Ja St.
CITY
lJheat Ridge
STATE
CO
ZIP
80033
NAME 2
_
LOCK LOT
PROPERTY ADDRESS
7953 W. 38th Ave.
CIEDULE NUMBER
24112 & 187500
ASSESSMENT
$ 94.50
TYPE I
ACCT
NAME 1 t
Joel Prehn/Amoco Oil CO.
MAILING ADDRESS
I 9888 E. Vassar Dept B Suite 102
CITY
Denver
TA
CO
I
80231
NAME 2`BLOCK
LOT
I
PROPERTY ADDRESS
5630 W. 38th Ave.
CHEDULE NUMBER
197942
SSESSMENT
$114.19
TYPE i
ACCT
J NAME 1
I Paula Kanios
MAILING ADDRESS
I 9615 Grandview Ave.
CITY
Arvada
STATE
CO
ZIP
80002
I
NAME 2
BLOCK IAT
PROPERTY ADDRESS
4305 Kipling I
SCHEDULE NUMBER
143671
ASSESSMENT
I $120.75
TYPE I
ACCT
NAME 1
Brooklyn Land and Cattle Co.
1600
MAILING ADDRESS
Loomis Ct.
CITY
Longmont
STATE
Co
ZIP
80501
NM1E 2
(BLOCK
LOT
PROPERTY ADDRESS
4100 Connector Drive
SCHEDULE NUMBER
166991
ASSESSMENT
$145.69
TYPEACCT
I
NAME 1
I Melvin & Karen Ramsey
I
MAILING ADDRESS
PO Box 8752
CITY
Denver
STATE
CO
ZIP
80201
1 MAILING ADDRESS
or Phil Goedde] I 11361 W. 44th. Av
Wheat
CHEDULE N
043864
$129.94
.' U
CITY OF PEAT RIDGE - SPECIAL IMPROVEMENT ASSESSMENTS
DISTRICT
CITY CODE
NUMBER DATE
INMREST
YEARS TO AMORTIZE
TYPE + ACCT
NAME 1
f MAILING ADDRESS
CITY
STATE ZIP
I
Boroumand Enmtallam Trestee
i 1152 Barroilhet Ave. # 2700
Billboron.h
CA 94010
NAME 2
LOCK LOT
PROPERTY ADDRESSCHEDULE
NUMBER
SESSMENT
7540 W. 44th Ave.
127199 & 171900
$99.75
TYPE
NAME I
NAILING ADDRESS
CITY
STATE ZIP
Carol Krenek
378 18th St.
Golden
CO 80401
NAME 2
BLOCK LOT
PROPERTY ADD S
CHEDULE NUMBER
SESSMENT
1
3511 Ames St.
021090
$73.50
�TYPE ACCT NAME 1 MAILING ADDRESS CITY STATE ZIP
i C. Frederick Meyer PO Box.2206 Vail CO 81657
NAME 2 BLOCK LOT PROPERTY ADDRESS SCHEDULE NUMBER ASSESSMENT
1 4890 Kipling 109723 1$84.04
1 MAILING ADDRESS CITY STATE ZIP
PROPERTY ADDRESS SCHEDULE NUMBER 1ASSESSMENT
RECEPTION NO. P0367252 26.00 Pse 0001-005
230 RECORDED IN JEFFERSON COUNTY, COLORADO 2/05/97 I0:46.01
CROSS -PARKING BASEMENT AGREEMENT
This Agreement is entered into this -Iq day of January, 1997
�... by and between Mahrokh Boroumand ("Boroumand") and Perkins
V Restaurants Operating Company L.P., a Delaware limited partnership
("Perkins") and Vista Restaurants, Inc., a Colorado corporation
("Vista"). 1
R E C I T A L 6 l
A. Boroumand is the owner in fee simple of the following
described real property located in Jefferson County, Colorado:
Lot 3,
Time Square Subdivision,
Except 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 89055150" West and
which line is the South line of the NW ; NW i
SE ; of Section 23, Township 3 South, Range 69
West of the 6th P.M., County of Jefferson,
State of Colorado ("Lot 310).
B. Enayatallah Boroumand, individually, and Enayatallah
Boroumand as Trustee of the 1980 AGB Trust are the fee owners of
the following described real property located in Jefferson County,
Colorado:
Lot 4,
Time Square Subdivision,
Jefferson County, Colorado ("Lot 411).
C. Perkins is in possession of Lot 4 pursuant to the terms
and provisions of a lease dated October 3, 1978 between James W.
Pinkard and Ellen V. Pinkard as lessor, and Perkins Cake and Steak,
Inc. as lessee, which lease was amended by an addendum dated
October 3, 1978 (the "Perkins Lease"). Perkins subleases the
demised premises to Vista under a franchising lease dated June 30,
1989, as amended.
D. Perkins is the successor in interest to Perkins Cake and
Steak, Inc. under the Perkins Lease.
E. Perkins and Vista desire to obtain a cross -parking
easement on Lot 3 for the benefit of Lot 4 for the remainder of the
term of the Perkins Lease and any extensions or renewals thereof.
F. Boroumand will agree to grant a cross -parking easement
subject to the terms and conditions set forth below.
NOW THEREFORE in consideration of the foregoing recitals all
of which are incorporated herein by reference, and in consideration
of Ten ($10.00) Dollars and other valuable consideration the
receipt and sufficiency of which are acknowledged, the parties
hereto agree as follows:
1. Cross Easement for Ear$ina. Boroumand as the owner of
Lot 3 hereby grants, bargains, sells and conveys to Perkins and
Vista as lessees under the Perkins Lease, and their customers,
employees and other invitees a non-exclusive easement over and
across those portions of Lot 3 which are not, from time to time,
improved with buildings or other structures for the purpose of
vehicular and pedestrian ingress, egress and for the purpose of
parking. Boroumand further agrees that notwithstanding the
construction of any buildings or other improvements on Lot 3, at
least 65 parking spaces on Lot 3 will be available at all times for
the use of Perkins, Vista and their customers, employees and other
invitees.
2. Term. The cross -parking easement shall remain in effect
for so long as Perkins, Vista, and their successors and assigns
remain in possession of Lot 4 pursuant to the terms and provisions
of the Perkins Lease, or any amendment, extension or renewal
thereof. Upon termination of the Perkins Lease, the cross -parking
easement created by this Agreement shall automatically terminate
and shall be of no further force and effect.
3. ' obli4atgns. The obligation to repair and maintain the
parking area on Lot 3 in a diligent and commercially reasonable
manner shall remain with Boroumand and any successor owner of Lot
3. Perkins and Vista shall remain responsible for their share of
such expenses as provided in the Perkins Lease. Each party agrees
not to interfere with the rights of the other with respect to the
use, improvement, maintenance and repair of Lot 3.
4. Successors and Assigns. This Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their
respective heirs, successors and assigns. Notwithstanding the
foregoing, Vista's rights under the Perkins Lease are subject to
the' terms and conditions of the sublease between Vista and Perkins.
In the event such sublease terminates, then Vista shall owe no
direct obligation to Boroumand under the terms of the Agreement or
any agreement or instrument referenced herein.
5. Attorneys' Fees. if any action is brought or commenced
to enforce the terms and provisions of this Agreement, the
prevailing party should be entitled to recover its costs, expenses
and reasonable attorneys, fees.
6. Counterparts. This Agreement may be executed in
counterparts, each of which shall be deemed an original, but all of
which together shall constitute one and the same document.
7. Choice of Law. This Agreement shall be construed in
accordance with the laws of the State of Colorado.
Executed as of the day and year first -above written.
'. Y Oi�'v✓bv`M P'rvlEJ�u-sa� �_� f9 9 tw_.�_�/
Mahrokh Boroumand
Perkins Restaurants Operating
Company L.P., a Delaware limited
partnership
By: Perkins Management Company, Inc.
General Part'neer, , J
By: A;;')
r
Vista Restaurants, Inc., a Colorado
corporation
B
y.
STATE OF GOLOR D9 )
)SS.
COUNTY OF )
The, foregoing instrument was acknowledged before me this
day of ___ _ , 1997 by Mahrokh Boroumand.
Witness my hand and official seal.
My commission expires:__
Notary Public
3
CALIFORNIA ALLrPURPOSE ACKNOWLEDGMENT
State of Califomia
County of San Mateo SS i, 1
On �J+ s, ; -M-T" Iylplq� � before me, ALBERT SIU-TOUNG, Notary Public, �
personally appeared •jij9QKf) f) (A n4i9411 :,
❑ personally known to me - OR - Mg5roved to me on the basis of satisfactory evidence to be the.
person(j) whose name([] islaee subscribed to the within
instrument and acknowledged to me thatpelsheAhW im
executed the same in hiefber/t)reir authorized capacity(ipb),
and that by WwbedtUok sign atureW on the instrument the'
GOMM. N1C2280Q person(f), or the entity upon behalf of which the person(f)
Npi��'!'!PUBLIC•f:aLr-0!!lN1� acted, executed the instrument.
Z >M ern 6�YwAPitt90
WITNESS my haul end official seal.
ignature o Notary Public
OPTIONAL -
Though the information below is not required by law, it may prove valuable to persons relying on the document and could
prevent fraudulent removal and reattachment of this form to another document.
Description ofAtlached Document (� >�(]�
Title or Type of Document: l OS&^��-10KI54G C�Of0 'rt�LEE10EQl
f,
Document Date:—j— =w( cl _Number ofPages:,i
Signer(s) Other Than Named Above:_
Capacity(les) Claimed by Signer(s)
Signers Name;_- - - --- __
❑ Individual
❑ Corporate Officer
Title(s):
❑Partner--❑ Limited ❑ General
[]Attorney -in -Fact Rroxr
OF SH PRIM
OF 1ONER
❑Trustee
❑Guardian or Conservator
❑Other:
Signer is Representing:
Signers Name:
[] Individual
❑ Corporate Officer
Title(s):
❑Partner --0 Limited ❑ General
❑Attorney -in -Fact wosrr
THuhm am
OF SIGNTA
[]Trustee —
❑Guardian or Conservator
[]Other: _
Signer is Representing:
-Te AnP-550-IQ
STATE OF debe ,*99 )
)SS.
COUNTY OF 5 ktLb � ) J
h
The foregoing instrument was a knowlVgLed before me this 3L
day of �6rtl Qr�l , 1997 by D nn e / LSe M a n as
General Partner of Perkins Restaurant Operating Company L.P., a
Delaware limited partnership. _
Witness my hand and official seal.
144 Wmmisstol) Idatch 10, 1999
My commission expires:_
n •:. rrII � �
Notary P41ic
COLORADO )
Qy�,e°�w00p �Q 5 )SS.
f regoing instrument was acknowled�g� before me this 2g
to�.fff 4� 1997 by _blc�evA-�• �citw�tdd as
of Vista Restaurants, Inc., a Colorado
I n.
Witness my hand and official se
My commission expires: 5
otar Publi
a:\quiet.ttt\doctmant\xprky120 Jin
4
DISTRICT COURT, JEFFERSON COUNTY, STATE OF COLORADO
I7 Case No. 96 CV 1371, Division 9 — —
ORDER AND DECREE QUIETING TITLE
MAHROKH BOROUMAND,
Plaintiff,
VS.
LUTHERAN BROTHERHOOD, a Minnesota fraternal insurance company; THE
BOARD OF COMMISSIONERS OF JEFFERSON COUNTY, COLORADO; ROBERT D.
BAMMERLIN,.as Treasurer of Jefferson County, Colorado; SUPERVALUE,
INC., a Delaware corporation as successor by merger --to WESTERN
GROCERS, INC.; JAMES W. PINKARD; ELLEN V. PINKARD; ENAYATALLAH
BOROUMAND, individually; ENAYATALLAH BOROUMAND, as Trustee of THE
1980 AGB TRUST; PIZZA HUT OF AMERICA, a Delaware corporation as
successor by merger Eo -DENVER PIZZA, INC.; PERKINS CAKE AND STEAK,
INC.; VISTA RESTAURANTS, INC., a Colorado profit corporation;
PERKINS RESTAURANTS OPERATING COMPANY, L.P., a Delaware limited
partnership; and ALL UNKNOWN PERSONS who claim any interest in the
subject matter of this action,
Defendants.
THIS MATTER comes before the Court upon the Motion for Summary
Judgment and the Verified Motion for Default filed by Plaintiff,
Mahrokh Boroumand; and the Court having read and reviewed the
Motions and being otherwise fully advised in the premises finds
that Plaintiff's Motion for Summary Judgment and the Verified
Motion for Default should be granted.
The Court further finds as follows:
A. The Defendants named herein have been properly served and
the Court has jurisdiction over all parties of the subject matter
of this action.
B. Venue has been considered and is proper.
C. The Defendants named as Lutheran Brotherhood and All
Unknown Persons who claim an interest in the subject matter of this
action have failed to timely plead or otherwise respond to the
Complaint, and said Defendants are now in default. All of the
other Defendants have filed disclaimers.
IT It FURTHER ORDERED, ADJUDGED AND DECREED as follows:
RECEPTION NO. F0388759 11.00 P6: 0001-002
744 RECORDED IN JEFFERSON COUNTY, COLORADO 3/25/97 10:33:46
1. Plaintiff, Mahrokh Boroumand is the owner in fee simple
and in possession of the following described real property located
in Jefferson County, Colorado:
Lot 3,
Time Square Subdivision,
Except 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°55150" West and
which line is the South line of the NW 4 NW
SE 4 of Section 23, Township 3 South, Range 69
West of the 6th P.M., County of Jefferson,
State of Colorado (the "Property").
2. Defendants, Perkins Restaurants Operating Company, L.P.,
a Delaware limited partnership and Perkins Restaurants operating
Company, L.P., a Delaware limited partnership as successor in
interest to Perkins Cake 6 Steak, Inc. (collectively "Perkins't) and
Vista Restaurants, Inc., a Colorado corporation ("Vista") have an
interest in the Property by virtue of a Cross -Parking Easement
Agreement between Plaintiff Mahrokh Boroumand and Defendants
Perkins and Vista dated January 24, 1997 and recorded February 5,
1997 at Reception No. F0367252 of the records of the Clerk and
Recorder of Jefferson County, Colorado. The interest of Perkins
and vista in Lot 3 shall remain in effect for so long as Perkins,
Vista or their successors and assigns remain in possession of an
adjacent property described as Lot 4, Time Square Subdivision,
Jefferson County, Colorado pursuant to the terms and provisions of
a lease dated October 3, 1978 between James W. Pinkard and Ellen V.
Pinkard as lessor and Perkins Cake and Steak, Inc. as lessee, which
lease was amended by an Addendum dated October 3, 1978 and an
Amendment to Lease dated January 24, 1997.
3. Except as expressly provided for in paragraph 2, above
all of the other Defendants named in this action, including All
Unknown Persons who claim an interest in the subject matter of this
action, have no right, title or interest in and to the Property and
are hereby enjoined from asserting any claim or title to the
Property.
Dated this �Z� day of 1997.
-.BY THE COURT r %
DISTRICT C y —c, STRICT COURT JUDGE
County of Jeffersoh�r'.
iorad
e:tgJF;lerttfi6ddg�i+.��h]rl;�M9€�<^,Q
iS„� Orr�C'fftQq�,of the Original in y 0 4yy�
12 -.
Clek of tine Di tr't:t 6664 b,
BY:
F3kputy Clerk
3
RECEPTION NO. P0460103 36.00 PG: DOD1-007
743 RECORDED IN JEFFERSON COUNTY, COLORADO 8/13/97 15:59:51
TERMINATION OF CROSS PARKING EASEMENT
THIS TERMINATION OF CROSS PARKING EASEMENT mad. and 11
entered into this / day of v 1997, by and between r
fArj
Mahrokh Boroumand "Boroumand") aincyPerkine Restaurants operating
Company L.P „ a Delaware Limited Partnership ("Perkins") and Vista
Restaurants, Inc., a Colorado Corporation ("Vista").
A. On or about January 24, 1997, Boroumand, Perkins and
Vista entered into a Cross Parking Easement, which Cross Parking
Easement was recorded on February 5, 1997 at Reception No.
F0367252, records of the office of the Clerk and Recorder of
Jefferson County, Colorado.
B. The parties desire to terminate the Cross Parking
Easement referred to in paragraph A above.
NOW, THEREFORE, in consideration of the foregoing
recitals, all of which are incorporated herein by reference and in
consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. That the Cross Parking Easement referred to in
paragraph A herein, is hereby terminated and extinguished, it being
the express intention of the parties hereto that said Cross Parking
Easement shall be null and void and of no further force or effect.
2. This Agreement shall be construed in accordance with
the laws of the State of Colorado.
3. This Agreement shall be binding on the heirs,
successors, and assigns of the parties hereto.
4. This Agreement may be executed in counterparts.
Executed as of the day and year first above written.
u
Mahrokh Boroumand
PERKINS RESTAURANTS OPERATING
COMPANY L.P., A DELAWARE LIMITED
PARTNERSHIP
By: Perkins Management Company,
Inc., General Partner
By:
Name:
Title
VISTA RESTAURANTS, INC.,
A COLORADO CORPORATION
By:
Robert J. Schmidt, Secretary
STATE OF CALIFORNIA)
OF ; Be.
6 The foregoiag instrument was acknowledged before me this
day of Ir ,, )1997 by Mahrokh Boroumand.
My commission expires: !dy
�MIINUMIMEtl1Ad�ItA�t{/1RIf II�IOAIIOi W AMI
BABUL K, $HETH 01
COMM. t 1021779
NOTARY PUBLIC• CAUFORNp
SAI M1TEO OOUNrY
(SEAL) ` MyCprm.E�.Mr.2a, 1iP!
IFWIWIIIMSiNe�AAIUMAAIN1AlIItlNY1RlNMIIYNIrIWAY1IN
STATE OF TENNESSEE )
COUNTY OF
)
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1997 by as
of Perkins Management Company, nc.,
General Partner of Perkins Restaurants Operating Company L.P., a
Delaware limited partnership.
My commission expires:
Notary Public
(SEAL)
-2-
.91
STATE OF COLORADO)
COUNTY OF
JEFFERSON ) ij
The foregoing instrument was acknowledged before me this ✓
day of '1997 by Robert J. Schmidt as
Secretary of Vista Restaurants, Inc., a Colorado Corporation.
My commission expires:
(SEAL)
A�1DaanuodVtamadw
Notary Public
-3-
SENT BY: 8- 6-37 ; 15'01 KRFADL HORAITZ 9017666482;k'14
TIMNATIdN OF CRASS PAABING E118 SNR'
THIS TERMINATION OF CROSS PARE,ING EASEMENT made and
entered into this day of , 1997, by and between
Mahrokh Borousand raumand") an'TerT ns Restaurants operating
Company L.P., a Delaware Limited Partnership ("Perkins") and vista
Restaurants, Inc., a Colorado Corporation ("Vista").
IRICITALS
A. on or about January 24, 3,997, Horoumand, Parkins and
Vista entered into a Cross Parking Easennent, which Cross Parking
Basement was recorded on February 5, 1997 at R9coption No.
F0367252, records of the office of the Clerk and Recorder of
Jefferson County, Colorado.
B. The parties desire to terminate the Cross Parking
Basement referred to in paragraph A above.
NOW, THEREFORE, in consideration of the foregoing
recitals, all of whiob are incorporated herein by referance and in
consideration of $10.00 and other valuable consideration, the
receipt and sufficiency of which are hereby acknowledged, the
parties hereby agree as follows:
1. That the Cross Parking Easement raferrad to in
paragraph A herein, in hereby terminated and extinguished, it being
the express intention of the parties hereto that said Cross Parking
xaselrent shall be null and void and of no further force or affect.
2, This Agrooment shall be construed in accordance with
the laws of the Stats of Colorado.
3. This Agreement shall be binding on the heirs,
successors, and assigns of the parties hereto.
4. This Agreement may be executed in counterparts.
Executed as of tho day and year first above written.
lw rok SoSorgumand
PERKINS RESTAURANTS OPERATING
COMPANY L.P., A DELAwARB LIMITED
PARTNERSHIP
8y: Parkins management Company,
Inc., General Partner
Naim
T�tl yv�
VISTA RESTAURANTS, INC.,
A COLORADO CORPORATION
1
BY:
Robert Schmidt, Secretary
STATE OF CALIFORNIA)
COUNTY OF ) ss.
The foregoing instrument was acknowledged before me this
day of , 1997 by Mahrokh Boroumand.
My commission expires:
Notary Public
(SEAL)
STATE OF TENNESSEE )
COUNTY OF
The foregoing instrument was acknowledged before me this
day of , 1997 by as
of Perkins Management Company, Inc.,
General Partner of Perkins Restaurants Operating Company L.P., a
Delaware limited partnership.
(SEAL)
My commission expires:
Notary Public
-2-
StNP BY: 8- 6-97 ; 15:02 NREM. 110ROW112 9017666482;#17
VISTA RESTAURANTS, INC., (�J
A COLORADO CORPORATION
BY=
RobeRobgR a. 809midt, Secretary
STATE of CALIFORNIA)
COUNTY OP ) as.
The foregoing instrument was acknowledged before me this
day of , 1997 by Mahrokh Horaumand.
My commission expires:
Notary Pu o
(SEAL)
STATE OF TENNESSEE )
COUNTY o8
SHELBY )
The foregoing instrument was acknowledged bsfore me this
7th day of August,
1997 by Jack Willingham as
Executive Vice Yxesident
o erkins Management Company, Inc.,
do—neral Partner o Perk ne Restaurants operating Company L.P., a
Delaware liiaited partnership.
Ny oomllission expiree: µyCommissionEKpitesSept. 15.19H
pUblo
3�
(SEAL) NOTARY t�Z^�=
a { PUBLIC � z
AT
.. _ LARGE
-2
STATE OF COLORADO)
COUNTY OF
JEFFERSON )
The foregoing instrument was acknowledged before me this
7-01 day of 41,,Ous7- , 1997 by Robert J. Schmidt as
Secretary of Vista Restaurants, Inc., a Colorado Corporation.
My commission expires:_ Liu a45T 15`, l7q`l
A:16awa�o011wmmW.w
-3-
RECEPTION NO. F0460102 20.00 PG: 0001-001
743 RECORDED IN JEFFERSON COUNTY, COLORADO 8/13/97 15:59:51
c i
SEE SURVEY BQQK; —� ....
PAGE: _1 V
NAME OF SURVEYOR �� L! /? C � % /'�
RANGE/TOWNSHIP/SECTION
R6,2,2,) -Tems
n�°.
This survey plat deposited pursuant to 38-5[}101, C.1t.S.
does NOT subdivide property, affect subdivision plats
Of constitute noticepursuant to 38-35-'a09 C.R.S.
FE
LOT 3
LOT 3,
TIME SQUARE SUBDIVISION,
EXCEPT THAT PORTION OF LOT 3 LYING SOUTH OF THE NORTHERLY LINE OF LOT 1, T
Q� SQUARE SUBDIVISION AS IF EXTENDED FROM THE EAST LINE OF SAID LOT 1 TO 1
LINE OF SAID LOT 1, WHICH UNE BEARS SOUTH 89 DECREES 55 MINUTES, 50
WEST AND WHICH UNE IS THE SOUTH UNE OF THE NW 1/4 NW 1/4�SEI*4/.
23, TOWNSHIP 3 SOUTH, RANGE 89 WEST OF THE 67H P.Y., COUNTY OF -'-j
STATE OF COLORADO.
PARCEL CONTAINS 162,944 SQUARE FEET, 3.74 ACRES MORE OR LESS.
LOT 4
LOT 4,
TIME SQUARE SUBDIVISION,
PARCEL CONTAINS 40,527 SQUARE FEET, 0.93 ACRES MORE OR LESS.
LOT UNE ADJUSTMENT AREA
A PARCEL OF LAND BEING A PORTION OF LOT 3, TIME SQUARE SUBDIVISION, AS
RECORDED IN BOCK 70, AT PAGE 42, RECORDS OF JEFFERSON COUNTY, LOCATED
IN THE SOUTH ST QUARTER OF SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69
WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF
COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS,
BEGINNING AT THE NORTHWEST CORNER OF LOT 3, SAID TIME SQUARE
SUBDIVISIONS THENCE N89.56'20'E ALONG THE NORTH LINE OF SAID LOT 3, A
DISTANCE OF 195A0 FEETi THENCE S00.02'461W, A DISTANCE OF 32.25 FEET)
THENCE N89°56'20'E, A DISTANCE OF 133,54 FEET TO A POINT ON THE EASTERLY
LINE OF SAID LOT 3I THENCE S00'02'46'W ALONG SAID EASTERLY LINE, A
DISTANCE OF 55,32 FEETi THENCE LEAVING SAID EASTERLY LINE, S89'56'20'W,
DISTANCE OF 388.67 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT;3f
THENCE N00'03'46'E ALONG SAID WESTERLY LINE, A DISTANCE OF 87.57 FEET'TO
THE POINT OF BEGINNING.
PARCEL CONTAINS 24,468 SQUARE FEET, 0.156 ACRES MDRE OR LESS.
EXECUTED THIS (,. DAY OF __ 19 it BY THE OWNER
MAHROKH BOROUMAND;�;':»��
STATE OF COLORADO >
COUNTY OF JEFFERSON }
T F r�NG 19 TU E Z ilS K� DS�J F � I t'V44
A ❑
�S MY HAND AND OFF'CIAIaSEAL.
JIM1I01 N0. F1279302
7/19/2001 9:55:29 PG: 001-012
PAGE FEE: 60.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 11-2001
Series of 2001
TITLE: A RESOLUTION FINDING THE EXISTENCE OF BLIGHT IN THE
VICINITY OF THE WADSWORTH CORRIDOR FROM 35`1
AVENUE TO 44"' AVENUE
WHEREAS, the Urban Renewal Law of Colorado (§31-25-101 et seq
C.R.S.) authorizes the analysis and consideration of factors within the City of Wheat Ridge to
/ determine if blight exists within certain areas of the City to utilize the provisions of the Urban
Renewal Law to eliminate and prevent blight and to develop and/or redevelop such areas for the
_ economic and social well being and public health, safety and welfare of the community: and
IliYi WHEREAS, such analysis has been undertaken to determine whether factors of blight
exist within the vicinity of the Wadsworth Boulevard Corridor between 35" Avenue to 44"
Avenue, which study area is depicted on Exhibit I hereto (hereafter the "Study Area"); and
WHEREAS, following requests for proposals and responses thereto, HNTB,
Corporation was chosen to conduct such blight analysis; and
WHEREAS, the Board of Commissioners of the Wheat Ridge Urban Renewal
Authority (the Authority) was presented with such analysis, and reviewed and considered the
evidence and factors of blight presented to it at its public meeting on April 17, 2001 by HNTB,
Corporation representatives; and
WHEREAS, based upon the blight analysis and information presented to it, the
Authority enacted Resolution No. 01-02 advising the City Council of its opinion of the
existence of factors of blight in the Study Area; recommending that City Council hold a public
hearing to consider evidence and determine if such factors of blight exist in the Study Area; and
that if Council makes findings of blight, that it establish an urban renewal area; and
WHEREAS, in compliance with §31-25-104 C.R.S. of the Urban Renewal Law, notice
of a public hearing was provided to hear evidence and determine if factors of blight existed in
the Study Area; and
WHEREAS, in accordance with §31-25-104 C.R.S. of the Urban Renewal Law, a
public hearing was held on April 23, 2001, at which public hearing a full opportunity to be
heard was provided to all residents and taxpayers of the City of Wheat Ridge and all other
interested persons; and
WHEREAS, at such public hearing the City Council was presented evidence of the
existence of factors of blight within the Study Area.
NOW THEREFORE BE 1T RESOLVED by the City Council of the City of Wheat
Ridge as follows:
Section 1. Based upon the blight analysis by HNTB. Corporation, which analysis
and document was presented to Council at the public hearing and is incorporated in this
Resolution as Exhibit 2; the testimony of persons at the public hearing; the evidence presented
at the public hearing; and consistent with §31-25-103(2), the City Council hereby finds that the
following factors of blight, as defined by such law, exist in the Wadsworth Boulevard Corridor
from 35' Avenue to 44" Avenue, within the City of Wheat Ridge, Jefferson County, Colorado:
A. Slum. Deteriorated or Deteriorating Structures. Of the properties
surveyed in the Study Area, more than one-third (1/3) had some form of physical
deterioration. Such deterioration was on or about gutters, downspouts, soffits, fascia,
exterior finishes, windows and doors. Damage and deterioration also existed on loading
areas and fencing or screening.
Except for the properties at 7615 West 38' Avenue and an occasional
residence, all sites within the Study Area are in some form of deterioration and need
physical improvements.
B. Predominance of Defective or Inadequate Street Layout. Between 1998
and 2000, 329,' of the traffic accidents in the Study Area were at the intersections of
Wadsworth Boulevard and 38' Avenue and Wadsworth Boulevard and 44" Avenue.
Traffic accidents related to curb cuts or driveways along Wadsworth Boulevard
constituted 15 % of all accidents in the Study Area. Many of these accidents were
caused by uncontrolled local access points within close proximity to major intersections
and deficiencies in cross-sections in the 38" Avenue and 44' Avenue corridors. The
defective and inadequate street layouts were one of the causes of these accidents and a
danger to vehicular traffic.
Many properties on the west side of Wadsworth Boulevard have
substandard, inadequate parking layout and configuration. Parking in front of buildings
does not allow for separation between roads, pedestrians and vehicular movement.
This also creates a danger to the safety of pedestrians, bicyclists and vehicles.
Many parking areas do not have curb stops and are not properly
marked; therefore, vehicles encroach on sidewalks.
C. Faulty Lot Layout In Relation To Size, Adequacy. Accessibility
or Usefulness. In particular, the west side of Wadsworth Boulevard is composed of
small -subdivided lots used for strip commercial facilities. The configurations of the
lots are not adequate to provide safe and accessible parking or pedestrian uses. Lack of
landscaping does not satisfy current municipal code requirements.
D. Unsanitary or Unsafe Conditions. Many properties in the Study Area
had trash, weeds and debris scattered throughout the sites. There is also a presence of
cracked and/or uneven sidewalks, poor drainage (causing ice problems in cold
weather), graffiti, damage and vandalism to the sites. The traffic accidents and
resulting danger and unsafe conditions related to vehicular travel, pedestrians and
bicyclists has been described in Paragraph B of this Section. There is a lack of
adequate provisions for the disabled.
E. Deterioration of Site or Other Improvements. Many properties and
sites in the Study Area have parking surface deterioration; unscreened and unsightly
trash or mechanical devices; lack of landscaping; poor landscape maintenance and lack
of pedestrian access to sites and property.
F. The Existence of Conditions that Endanger Life or Property By Fire or
Other Causes. Because of the old age of the Study Arca in general, many of the
buildings have severely outdated fire suppressant facilities, inadequate fire escape
facilities and do not have fire sprinkler systems, which causes danger to lives and
property. The danger to life and property caused by defective and inadequate street
layout, which contributes to traffic accidents and endangers lives and property is
described in Paragraph B of this Section. There is a lack of adequate provisions for the
disabled. f�
G. Inadequate Public Improvements or Utilities. There is a distinct lack of
useable sidewalks throughout the Study Area. This is exacerbated in the cold weather
with ice and snow hindering/endangering pedestrian access and movement. Heavy,
substantial overhead utilities exist throughout the Study Area. There are also instances
of curb and gutter deterioration. The main water utility line though the Study .Area is at
full capacity and must be replaced to serve any other uses or redevelopment of the
Study Area.
Section 2. The City Council finds that the Wadsworth Boulevard Corridor from
35" Avenue to 44" Avenue, in its present condition and use and by reason of the presence of
the foregoing factors of blight, substantially impairs the sound growth of the City of Wheat
Ridge, constitutes an economic or social liability and is a menace to the public health, safety
and welfare of the community.
Section 3. An urban renewal area within the City of Wheat Ridge in the general
vicinity of the Wadsworth Boulevard Corridor from 35' Avenue to 44" Avenue as depicted on
Exhibit I hereto is hereby created and to be known as the Wadsworth Boulevard Corridor
Redevelopment Area.
Section 4. The staff is hereby directed, with the assistance of the Wheat Ridge
Urban Renewal Authority, to commence the process for the preparation of an urban renewal
plan, to be known as the Wadsworth Boulevard Corridor Redevelopment Plan, to be eventually
considered for approval by the City Council
DONE AND RESOLVED this day of tlxL 2t)Ul.
>r then Cerveny, Mayor d
i
ATTEST:
%anda Sang, C'iry clerk
Exhibit 1
A tract of land in Section 23, and the north half of Section 26,
Township 3 South, Range 69 West of the 6'h Principal Meridian, more
particularly described as follows:
Commencing at the Southwest Comer of the Northeast '!Q of said Section
23; thence proceeding on a bearing of N00°10'12"W and a distance of 635.69 feet
on and along the West line of the Northeast '/4 of said Section 23 to the True Point
of Beginning.
Thence, N89°47'22"E a distance of 415.39 feet, along the North line of
Coulehan Grange Subdivision, as recorded in the official records of the County of
Jefferson, State of Colorado;
Thence S00°10' 16"E a distance of 405.00 feet, along the East line of the
parcels as recorded in Book 2335 Page 785 under Reception Number F0856884 at
said County of Jefferson, State of Colorado;
Thence N89°41'35"E a distance of 206.57 feet, along the North side of the
parcel recorded at Reception Number F0856884 at said County of Jefferson, State
of Colorado, to a point on the West Right -of Way line of Vance Street;
Thence S42°30'33"E a distance of 74.25 feet, to a point on the East Right -
of -Way line of Vance Street, said point being on the West Line of a parcel as
recorded at F0532782, said County of Jefferson, State of Colorado;
Thence N89°41'37"E a distance of 169.31 feet;
Thence N00° 11'28"W a distance of 6.00 feet;
Thence N89'4 1'38"E a distance of 146.31 feet, to a point on the East line
of Lot 4, Coulehan Grange Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado;
Thence S00°10'l2"E a distance of 181.00 feet, on and along the East line
of said Lot 4, Coulchan Grange Subdivision, to a point on the South line of the NE
'/4 of Section 23;
Thence N89'41 '377 a distance of 22.83 feet, on and along said South line
of the NE !4, Section 23;
Thence S00°13'03'E a distance of 661.01 feet, on and along the East Right -
of -Way line of Upham Street;
Thence S89°39'45"W a distance of 353.61 feet, on and along the South line
of the parcel recorded at Reception Number F0330477, and to a point on the East
line of the Times Square Subdivision, as recorded at said County of Jefferson,
State of Colorado;
Thence SOO'12' l2"E a distance of 661.13 feet, on and a]ong the East line
of said Times Square Subdivision;
Thence S89°39'57"W a distance of 462.76 feet, on and along the South line
of said Times Square Subdivision;
Thence SOO°10'23"E a distance of 132.50 feet, on and along the West line
of Currier Subdivision, as recorded in the official records of the County of /^
Jefferson, State of Colorado; I/1
Thence S89°39'09"E a distance of 150.00 feet, to a point on the East Right -
of -Way line of Wadsworth Boulevard;
Thence S00' 10'09"E a distance of 132.03 feet, on and along the East
Right -of -Way line of Wadsworth Boulevard;
Thence N89'39'22"E a distance of 20.00 feet, on and along said East
Right -of -Way line;
Thence SOO' 10' 12"E a distance of 1057.80 feet, on and along said East
Right -of -Way line, said line also being the West line of the Wheat Ridge
Marketplace First Filing Subdivision as recorded in said County of Jefferson, State
of Colorado, to a point on the North line of the Northeast '/4 of Section 26;
Thence SOO'19'34"E a distance of 302.14 feet, on and along the East
Right -of -Way line of Wadsworth Boulevard;
Thence 589'23'54"W a distance of 20.00 feet, on and along said East
Right -of Way line;
Thence S00'19'29"E a distance of 358.18 feet, on and along said East
Right -of -Way line;
Thence N89°37'43"E a distance of 20.06 feet, on and along said East
Right -of -Way line;
Thence S00'l9'33"E a distance of 439.60 feet, on and along said East
Right -of -Way line;
Thence S89°38'52"W a distance of 17.90 feet, on and along said East
Right-of-way line;
Thence S00'l9'35"E a distance of 257.52 feet, on and along said East
Right -of -Way line;
Thence S89'41'38"W a distance of 47.14 feet, on and along said East
Right -of -Way line, to a point on the East line of the Northeast %< of Section 26;
Thence N00' 19'35"W a distance of 5.00 feet, on and along the East line of
the Northeast 1/4 of Section 26;
Thence S89'41'23"W a distance of 660.00 feet, on and along the South
Right -of -Way line of West 35th Avenue;
Thence N00'19'35"W a distance of 823.78 feet, to the Southwest corner of
the Adkins Subdivision, as recorded in the official records of said County of
Jefferson, State of Colorado;
Thence N89037'49"E a distance of 330.00 feet, on and along the South line
of said Adkins Subdivision;
Thence N00°19'39"W a distance of 270.00 feet, on and along the East line
of said Adkins Subdivision, to the Southeast corner of a parcel recorded at
F0768224, said County of Jefferson, State of Colorado;
Thence S89'16'58"W a distance of 330.00 feet, on and along the North line
of the parcels as recorded at the Reception Numbers F0768224 and 85079150 in
the official records of said County of Jefferson, State of Colorado;
Thence N00°20' 15"W a distance of 260.00 feet, on and along the West line
of said Adkins Subdivision, to a point on the South line of the Southwest 1/4 of
Section 23;
Thence N89°37'48"E a distance of 2.52 feet, on and along the South line of
the Southwest'/. of Section 23;
Thence N00°20' 16"W a distance of 686.44 feet, on and along the West litre
of the Wilmore Center Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado, to a point on the South Right -of -Way line
of West 39`" Avenue;
Thence N89°38'44"E a distance of 310.29 feet, on and along the South
Right -of -Way line of West 396 Avenue;
Thence N00°21' 12"W a distance of 611.13 feet, on and along the East line
of Laurel Subdivision, as recorded in the official records of said County of
Jefferson, State of Colorado, to a point on the South Right -of- Way line of West
41" Avenue;
Thence S89'38'51 -W a distance of 234.14 feet, on and along the South
Right -of -Way line of West 41" Avenue;
Thence N71 X34' 19"W a distance of 77.57 feet, on and along the South
Right -of -Way line of West 41" Avenue, to a point on the West line of the Melrose
Manor Subdivision, as recorded in the official records of said County of Jefferson,
State of Colorado;
Thence NOVI8'44"W a distance of 185.68 feet, on and along the West line
of said Melrose Manor Subdivision, to the Southwest corner of a parcel as
recorded at the Reception Number F0155284, in the official records of said
County of Jefferson, State of Colorado;
Thence N89041'44"E a distance of 303.00 feet, on and along the South line
of said parcel;
Thence N00' l 0' 12"W a distance of 205.46 feet, on and along the East line
of said parcel, to a point on the North right -of -Way line of Three Acre Lane;
Thence N89°46'48"E a distance of 97.12 feet, on and along the North
Right -of -Way line of Three Acre Lane, to the Southeast comer of Lot 5, Three
Acre Subdivision, as recorded in the official records of said County of Jefferson,
State of Colorado;
Thence N00° 13' 12"W a distance of 158.00 feet, on and along the East line
of said Lot 5, Three Acre Subdivision;
Thence S89°46'48"W a distance of 400.00 feet, on and along the North line
of said Three Acre Subdivision, to a point on the East line of Melrose Manor
Subdivision, as recorded, in the official records of said County of Jefferson, State
of Colorado;
Thence N00°12'22"E a distance of 78.93 feet, on and along the East line of
said Melrose Manor Subdivision to a point of curvature, said point being on a
curve to the left;
Thence along said curve to the left, said curve having a radius of 42.20 feet,
a central angle of 60°00'00", and a chord bearing of N30' 12'22"E, said curve
being on and along the East Right -of -Way of Yarrow Street;
Thence N00°13'45"W a distance of 20.00 feet, on and along said Right -of -
Way to the Southwest corner of Graul Subdivision, as recorded in the official
records of the County of Jefferson, State of Colorado;
Thence N89°38'49'E a distance of 274.17 feet, on and along the South line
of said Graul Subdivision;
Thence N00°13'55'W a distance of 331.05 feet, on and along the East line
of said Graul Subdivision;
Thence S89°41'42"W a distance of 274.15 feet, along the North line of Lot
3, Graul Subdivision, to a point on the East Right -of -Way line of Yarrow Street;
Thence N00°13'50"W a distance of 310.00 feet, on and along the East
Right -of -Way line of Yarrow Street, to a point on the South line of the Northwest
14 of Section 23;
Thence N00°13'50'W a distance of 30.00 feet, to a point on the North
Right -of -Way line of West 44`h Avenue;
Thence N89°41'00"E a distance of 77.85 feet, on and along said North
Right -of -Way line;
Thence N00°13'39"W a distance of 2.52 feet, on and along said North
Right -of -Way line;
Thence N86"47'35"E a distance of 345.35 feet, on and along said North
Right -of -Way line;
Thence N89°41'58"E a distance of 129.62 feet, on and along said North
Right -of -Way line, to a point on the West Right -of -Way line of Wadsworth
Boulevard;
Thence N47°29' 14"E a distance of 30.47 feet, on and along said West
Right -of -Way line;
Thence N00°10' 18'W a distance of 210.19 feet, on and along said West
Right -of -Way line;
Thence N89030'32"E a distance of 14.00 feet, on and along said Right -of -
Way line:
Thence N00'10' 11 "W a distance of 355.09 feet, on and along said Right -
of -Way line;
Thence N89°49'48"E a distance of 45.00 feet, to the True Point of
Beginning.
EXCEPT FOR A TRACT OF LAND IN THE SOUTHEAST A OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6' PRINCIPAL
MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
Commencing at the Northwest corner of the Southeast V< of Section 23,
thence S56°34'28"E a distance o£54.02 feet to the True Point of Beginning.
Thence N89°42'47"E a distance of 283.5 1, feet on and along the South
Right -of -Way line of West 44`h Avenue;
Thence 5009 VI I "E a distance of 631.18 feet, on and along the Westerly
line of Times Square Subdivision, as recorded in the official records of said
County of Jefferson, State of Colorado;
Thence S89°40'33"W a distance of 283.69 feet, along a Northerly line of
said Times Square Subdivision, to a point on the East Right -of -Way of Wadsworth
Boulevard;
Thence N00°10' 12"W a distance of 631.34 feet, on and along the East
Right -of -Way of Wadsworth Boulevard to the True Point of Beginning.
The area described above contains 3,659,074 square feet (84.00 acres)
more or less.
The drafter of this description is David F. Brossman, P.L.S., prepared on behalf of the
Wheat Ridge Urban Renewal Authority, 7500 W. 29'" Ave., Wheat Ridge, CO 80215-
6713, and is not to be construed as a monumented land survey.
Exhibit 2
Copies of Exhibit 2 are available at the Wheat Ridge Department of Planning and
Development, 7500 W. 29"' Avenue, Wheat Ridge, Colorado 80215. 9
R
WHEAT RIDGE URBAN RENEWAL AUTHORITY - O •16 i N A L
RESOLUTION NO. 01-02
Series of 2001.
TITLE: A RESOLUTION FINDING.THE EXISTENCE OF BLIGHT IN
THE VICINITY OF THE WADSWORTH BOULEVARD
CORRIDOR BETWEEN 35"' AVENUE AND 44TH AVENUE
AND MAKING RECOMMENDATIONS TO THE WHEAT U
RIDGE CITY COUNCIL
WHEREAS, the Urban Renewal Law of Colorado (§31-25-101 et seq -
C.R.S.) autltorizes the analysis and consideration of factors within the City of Wheat
Ridge to determine if blight exists within certain areas of the City to utilize the
provisions of the Urban Renewal Law to eliminate and prevent blight and to develop
and/or redevelop such areas for the economic ind social well being and public health,
safety and welfare of the community; and
WHEREAS,. such analysis has been undertaken to determine whether factors of
blight exist within the vicinity of the Wadsworth Boulevard Corridor between 35th
Avenue and 44' Avenue, which study area is depicted on Exhibit 1 hereto (hereafter the
"Study Area"); and
WHEREAS, following requests for proposals and responses thereto, HNT -B,
Corporation was chosen to conduct such blight analysis; and
WHEREAS, the Board of Commissioners.has been presented with the results
ce
and evidenof such blight analysis at a public meeting on April 17, 2001; and.
WHEREAS, said study and analysis and"the data and evidence presented at the
public meeting validates the existence of factors of blight in the Study Area consistent
with §31-25-103(2) C.R.S. of the Urban Renewal Law.
NOW THEREFORE BE IT RESOLVED by the Wheat Ridge Urban Renewal
Authority as follows:
Section 1'. The blight study for the Wadsworth Boulevard Corridor and the
data and evidence related thereto is hereby accepted by the Board of Commissioners.
Section 2. Consistent with §31-25-103(2) C.R.S. of the Urban, Renewal
Law, the Board of Commissioners hereby funds that the following six factors of blight
exist in the Wadsworth Boulevard Corridor Study Area:
A. Slum, deteriorated or deteriorating structures; and
B. Defective or inadequate street layout; and
C. Faulty tot layout in refalion to size, adequacy, accessibility or
usefulness; and
D. Unsanitary or unsafe conditions; and
E. Deterioration of site or other improvements; and
F. Inadequate public improvements or utilities. l
W-� l�Section 3. The Board of Commissioners finds that the Wadsworth Boulevard
Corridor Study Area, in its present condition and use and by reason of the presence of
the foregoing six factors of blight, substantially impairs the sound growth of Wheat
Ridge, constitutes an economic liability and is a menace to the public health, safety and
welfare.
Section 4. The Board of Commissioners respectfully recommends to the
Wheat Ridge City Council the following:
A. That, in compliance with the Urban Renewal Law, it give notice
of and hold a public hearing regarding consideration of blight factors in the
Wadsworth Boulevard Corridor Study Area; and
B. That if the data and evidence at the public hearing is sufficient to
comply with the Urban Renewal Law, it make findings of the existence of
factors of blight; and
C. Based upon such blight factors, it establish an urban renewal area
in the general vicinity of the Wadsworth Boulevard Corridor between 35th
Avenue and 44" Avenue, as it deems appropriate; and
D. if it makes such findings of blight and establishes the urban
renewal area, that it authorize the procedures for commencement of the
preparation and consideration of an urban renewal plan for the area.
ra.
DONE AND RESOLVED this _j7 day of ( y _ __, 2001.
WHEAT RIDGE URBAN RENEWAL
AUTHORITY
ATTEST:
Secretary to the Authority
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DEED OF TRUST
DATE AND PARTIES The date of this Deed Of Trust (Security Instrument) is April 17, 2008_ The
parties and their addresses are:
GRANTOR:
d°
4Ul WHEAT RIDGE URBAN RENEWAL AUTHORITY
A Colorado Urban Renewal Authority
7500 W 29"' Avenue
Wheat Ridge, Colorado 80033
TRUSTEE:
PUBLIC TRUSTEE OF JEFFERSON COUNTY, COLORADOIIIIIJiLENDER: R IIII
FI STBANKOFWHEATRIDGE �l�u6lllu�Nllll��llullllll�IIIIB 0 $0.000
0
Organized and existing under the laws of Colorado 2008036967 TD
4350 Wadsworth Boulevard 04/17/2008 04:09:52 PM 9 Page(s)
Wheat Ridge, Colorado 80033 Jefferson County, Colorado
I. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debts and Grantor's performance under this Security
Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender,
with power of salt, the following described property:
Lot 3, Time Square Subdivision,
Except that portion of said Lot 3, lying South of the Northerly line o£Lot 1, Time Square Subdivision as
if extended from the East line of said Lot I to the West line of said Lot 1, which line bears South 89° 55'
50" West and which is the South line of the Northwest 1/4 of the Northwest 1/4 of the Southeast 1/4 of
Section 23, Township 3 South, Range 69 West of the 6th P.M.,
and
Except a parcel of land being a portion of Lot 3, Time Square Subdivision, being more particularly
described as follows:
Beginning at the Northwest corner of said Lot 3, Time Square Subdivision, thence North 89° 56 20" East,
along the North litre of said Lot 3, a distance of 195.00 feet; thence South 00° 02' 46" West, a distance of
.32.25 feet; thence North 891 56' 20" East, a distance of 133.54 feet to a point oil the Easterly line of said
Lot 3; thence South 00° 02' 46" West, along said Easterly line, a distance of 55.92 feet; thence leaving
said Easterly line, South 89° 56'20" West, a distance of 328.67 feet to a point on the Westerly line of said
Lot 3; thence North 00° 03' 46" East, along said Westerly line, a distance of 87.57 feet to the Point of
Beginning,
County of Jefferson, State of Colorado
The property is located in Jefferson County at7540 West 40 Avenue, Wheat Ridge, Colorado 80033.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops,
timber, all diversion payments or third party payments made to crop producers, all water and riparian
rights, wells, ditches, reservoirs and water stock and all existing and future improvements, structures,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate described
q3- 214 q
(all referred to as Property). This Security Instrument will remain in effect until the Secured Debts have
been paid in full.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
Instrument at any one rime will not exceed $1,428,000.00. This limitation of amount does not include
interest and other fees and charges validly made pursuant to this Security Instrument. Also, this limitation
does not apply to advances made under the terms of this Security Instrument to protect Lender's security
and to perform any of the covenants contained in this Security Instrument.
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure
each of the following:
A. Specific Debts. 'Che following debts and all extensions and modifications: A promissory note,
No. 8836556, dated April 17, 2008, from Grantor to Lender, with a loan amount of $3,285,000.00,
with an interest rate of 4.0 percent per year and maturing on April 15, 2014 (the Note").
B. Sums Advanced. All sums advanced and reasonable expenses incurred by Lender under the
terms ofthis Security Instrument,
4. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and
in accordance with the terms of the Secured Debts and this Security Instrument.
5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property
to Trustee, in trust, with power of sate. Grantor also warrants that the Property is unencumbered, except
for encumbrances of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
agreement or other lien document that created a prior security interest or encumbrance on (lie Property,
Grantor agrees:
A. To make ail payments when due and to perform or comply with all covenants.
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor to request arty future advances under any note
or agreement secured by the lien document that is on a parity or superior to the lien created by this
Security Instrument without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require
Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing
Grantor's payment. To the extent permitted by low, Grantor will defend title to the Property against any
claims that would impair the lien of this Security instrument. Grantor agrees to assign to Lender, as
requested in writing by Lender, any rights, claims or defenses Grantor may have against parties who
supply labor or materials to maintain or improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the
Secured Debt to be immediately due and payable upon the creation of any lien or encumbrance on the
Property on a parity with or senior to the lien created on the Property by this Security Instrument, unless
consented to in writing by the Lender, or upon the sale of any or all of the Property. This right is subject
to the restrictions imposed by federal law (12 C.F.R. 591), as applicable.
9. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this
Security Instrument. The execution and delivery of this Security Instrument will not violate any
agreement governing Grantor or to which Grantor is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the
Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or
allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of
noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially
change without notification to the Lender. Grantor will not permit any change in any license, restrictive
covenant or easement without notifying the Lender. Grantor will notify Lender of all demands,
proceedings, claims, and actions against Grantor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without notifying the
Lender except that Grantor has the right to remove items of personal property comprising a part of the
Property that become worn or obsolete without notifying the Lender, provided that such personal property
is replaced with other personal property at least equal in value to the replaced personal property, free from
anv title retention device, security agreement or other encumbrance. Such replacement of personal
property will be deemed subject to the security interest created by this Security Instrument. Grantor will
not partition or subdivide the Property without notifying the Lender.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection
specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for
Lender's benefit and Grantor will in no way rely on Lender's inspection.
[t. AUTHORITY TO PERFORM. If Grantor fails to perform any duty or any of the covenants
contained in this Security Instrument, Lender may, without notice, perform or cause them to be
performed. Lender's right to perform for Grantor will not create an obligation to perform, and Lender's
failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or
this Security Instrument.
12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, convoys to
Lender as additional security all the right, title and interest in the following (Property).
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
agreements for the use and occupancy of the Property, including but not limited to any extensions,
renewals, modifications or replacements (Leases).
B. Rents, issues and profits, including but not limited to security deposits, minimum rents,
percentage rents, additional rents, common area maintenance charges, parking charges, real estate
taxes, other applicable taxes, insurance premium contributions, liquidated damages following
default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties,
proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which
Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole
or any part of the Property (Rents).
In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will
also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases
and will certify these Leases are true and correct copies. The existing Leases will be provided on
execution of the Assignment, and all future Leases and any other information with respect to these Leases
will be provided immediately after they are executed. Grantor may collect, receive, enjoy and use the
Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due in future
lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive
any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. When
Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender.
Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing,
protecting and preserving the Property, and other necessary expenses. Grantor agrees that this Security
Instrument is immediately effective between Grantor and Lender. This Security Instrument will remain
effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise
prohibited or prescribed by state law, Grantor agrees that Lender may take actual possession of the
Property without the necessity of commencing any legal action or proceeding. Grantor agrees that actual
possession or the Property is deemed to occur when Lender notifies Grantor of Grantor's default and
demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender.
Immediately after Lender gives Grantor the notice of default, Grantor agrees that either Lender or Grantor
may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long
as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases,
and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords
and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other
parties to the Leases to comply with the Leases and any applicable law. If Grantor or any party to the
Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor
neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lender's
option, enforce compliance. Grantor will not sublet, modify, extend, cancel, or otherwise alter the Leases,
«- or accept the surrender of the Property covered by the Leases (unless the Leases so require) without
Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents
without Lender's prior written consent. Lender does not assume or become liable for the Property's
maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve
the Property, except for losses and damages due to Lender's gross negligence or intentional torts.
Otherwise, to the extent permitted by law, Grantor will indemnify Lender and ]told Lender harmless for
all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies
against any party obligated under the Leases.
13. DEFAULT. Grantor will be in default if any ofthe following occur:
A. Payments. Grantor fails to make a payment in full when due and such failure continues for 5
business days.
B. insolvency or Bankruptcy, The death, dissolution or insolvency of, appointment ofs. receiver by
or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or
on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any
proceeding under any present or future federal or state insolvency, bankruptcy, reorganization,
composition or debtor relief law by or against Grantor.
C. Failure to Perform. Grantor fails to perform any condition or to keep any promise or covenant
ofthis Security Instrument..
D. Other Documents. A default occurs under the terms of any other document relating to the
Secured Debts.
E. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender
or any affiliate of Lender.
F. Misrepresentation. Grantor makes any verbal or written statement or provides any financial
information that is materially untrue or inaccurate, or conceals a material fact at the time it is made
or provided.
G. Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
11. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a
legal authority.
1. Name Change. Grantor changes Grantor's name or assumes an additional name without
notifying Lender before making such a change.
J. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property.
This condition of default, as it relates to the transfer of the Property, is subject to the restrictions
contained in the DUE ON SALE section.
K. Property Value. Lender determines in good faith that the value of the Property has declined or is
impaired.
L. Insecurity, Lender determines in good faith that a material adverse change has occurred in
Grantors financial condition from the conditions set forth in Grantor's most recent financial
statement before the date of this Security Instrument or that the prospect for payment or performance
of the Secured Debts is impaired for any reason.
Notwithstanding the foregoing or any other provision in this Security Instrument or any other Loan
Document (as defined in the Note) or agreement with the Lender to the contrary, upon the occurrence of
any non-payment default the Lender shall provide the Grantor with written notice of such a default, and
the Grantor shall have 10 days after the receipt of such notice to cure such default prior to the Lender
exercising any remedies hereunder or under any other Loan Documents or agreements.
14. REMEDIES. On or after default, Lender may use any and all remedies Lender has under state or
federal law or in any document relating to the Secured Debts, including, without limitation, the power to
sell the Property or foreclose on installments without acceleration. Any amounts advanced on Grantor's
behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender
may make a claim for any and all insurance benefits or refunds that may be available on Grantor's
default.
Subject to any right to cure, required time schedules or any other notice rights Grantor may have under
federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured
Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the
occurrence of Grantor's default or anytime thereafter.
If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender,
advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for
cash. Trustee will give notice of sale including the time, terms and place of sale and a description of the
Property to be sold as required by the applicable law in effect at the time of the proposed sale.
Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally
entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the
purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for
repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal
and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to it. Lender may
purchase the Property. The recitals in any deed of conveyance shall be prima facie evidence of the facts
set forth therein.
All remedies are distinct, cumulative and not exclusive, and the lender is entitled to all remedies
provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sum in
payment or partial payment on the Secured Debts after the balance is due or is accelerated or after
foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and
complete cure of any existing default. By not exercising any remedy, Lender does not waive Lender's
right to later consider the event a default if it continues or happens again.
15. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent
permitted by law, Grantor agrees to pay all reasonable expenses of collection, enforcement or protection
of Lender's rights and remedies under this Security Instrument or any other document relating to the
Secured Debts. Grantor agrees to pay reasonable expenses for Lender to inspect and preserve the Property
and for any recordation costs of releasing the Property from this Security Instrument. Expenses include,
but are not limited to, reasonable attorneys' fees after default and referral to an attorney who is not a
salaried employee of the Lender, court costs, and other collection costs. These expenses are due and
payable immediately. 11' not paid immediately, these expenses will bear interest from the date of payment
until paid in fill] at the rate of 12.000 percent. In addition, to the extent permitted by the United States
Bankruptcy Code. Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect
Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against
Grantor.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (1)
Environmental Law means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local
laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the
public health, safety, welfare, environment or a hazardous substance; and (2) Hazardous Substance means
any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics
which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
environment. The term includes, without limitation, any substances defined as "hazardous material,"
"toxic substance," "hazardous waste," "hazardous substance," or `regulated substance" under any
Environmental Law.
Grantor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person
on, under or about the Property, except in the ordinary course of business and in strict compliance
with all applicable Environmental Law.
Q. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and wit[
not cause, contribute to, or permit the release of any Hazardous Substance on the Property.
C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby
property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
event, Grantor will take all necessary remedial action in accordance with Environmental Law.
Q. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no
knowledge of or reason to believe there is any pending or threatened investigation, claim, or
proceeding of any kind relating to any Hazardous Substance located on, under or about the Property;
or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately
notify Lender in writing as soon as Grantor has reason to believe there is any such pending or
threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the
obligation, to participate in any such proceeding including the right to receive copies of any
documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant
have been, are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground
storage tanks, private dumps or open wells located on or under the Property and no such tank, dump
or well will be added unless Lender tirst consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property,
and confirm that all permits, licenses or approvals required by any applicable Environmental Law are
obtained and complied with.
H. Grantor will permit, or cause any tenant to permit, Lender or Lender's agent to enter and inspect
the Property and review all records at any reasonable time to determine (1) the existence, location
and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location,
nature, and magnitude of any Hazardous Substance that has been released on, under or about the
Property; or (3) whether or not Grantor and any tenant are in compliance with applicable
Environmental Law.
1. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a
qualified environmental engineer to prepare an environmental audit of the Property and to submit the
results of such audit to Lender. The choice of the environmental engineer who wit[ perform such
audit is subject to Lender's approval,
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this
section at Grantor's expense.
K. As a consequence ofany breach of any representation, warranty or promise made in this section,
(1) Grantor will, to the extent permitted by law, indemnify and hold Lender and Lender's successors
or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup,
response and remediation costs, penalties and expenses, including without limitation all costs of
litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2)
at Lender's discretion, Lender may release this Security Instrument and in return Grantor will
provide Lender with collateral of at least equal value to the Property without prejudice to any of
Lender's rights under this Security Instrument.
L. Notwithstanding any of the language contained in this Security Instrument to the contrary, the
terms of this section will survive any foreclosure or satisfaction of this Security Instrument
regardless of any passage of title to Lender or any disposition by Lender of any oral] of the Property.
Any claims and defenses to the contrary are hereby waived.
17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the
above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
will be considered payments and will be applied as provided in this Security Instrument. This assignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
docurnent.
18. INSURANCE. In the event that Grantor leases the Property to a third party, Grantor will maintain a
prudent amount of liability and hazard insurance on the Properly, as determined by the Grantor. Evidence
of such insurance shall be provided to the Lender upon its request. Grantor will not be required to obtain
any other insurance coverage on the Property.
19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds
for taxes and insurance in escrow.
20. CO-SIGNERS. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor
agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or
any party indebted under the obligation. These rights may include, but are not limited to, any anti-
deficiency or one -action laws_
21. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead
exemption rights relating to the Property.
22. OTHER TERMS. The following are applicable to this Security Instrument:
A. Additional Terms. Grantor hereby covenants that it will not take any action or omit to take any
action with respect to the Secured Debts, any proceeds therefrom, or any other funds that Grantor has
or any facilities financed or refinanced with the proceeds of the Secured Debts if such action or
ornission (i) would cause the interest on the Secured Debts to lose its exclusion from gross income
for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the
"Code"), (ii) would cause interest on the Secured Debts to lose its exclusion from alternative
minimum taxable income as defined in Section 55(b)(2) of the Code except to the extent such
interest is required to be included in adjusted current earnings adjustment applicable to corporations
under Section 56 of the Code in calculating corporate alternative minimum taxable income,
(iii) would cause interest on the Secured Debts to lose its exclusion from Colorado taxable income or
Colorado alternative minimum taxable income under present Colorado law, or (iv) would cause the
Secured Debts to not be bank qualified under Section 265(b)(3) of the Code. The foregoing
covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of
the Note until the date on which all of Grantor's obligations in fulfilling the above covenant under
the Code have been met.
23. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, the United
States of Amcrica, and to the extent required, by the laws of the jurisdiction where the Property is located,
except to the extent such state laws are preempted by federal law.
- 24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Lender may release any part of
the Property and Grantor will still be obligated under this Security Instrument for the remaining Property.
The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of
Lender and Grantor.
25. AMENDMENT, INTEGRATION AND SEVERABILITY. This Security Instrument may not be
amended or modified by oral agreement. No amendment or modification of this Security Instrument is
effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any
other documents relating to the Secured Debts are the complete and final expression of the agreement. If
any provision of this Security Instrument is unenforceable, then the unenforceable provision will be
severed and the remaining provisions wilt still be enforceable.
26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the
singular. The section headings are for convenience only and are not to be used to interpret or define the
terms of this Security Instrument.
27. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING
TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first
class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other
address designated in writing. Grantor wilt inform Lender in writing of any change in Grantor's name,
address or other application information. Grantor will provide Lender any financial statements or
information Lender reasonably requests- All financial statements and information Grantor gives Lender
will be. correct and complete. Grantor agrees to pay all reasonable expenses, charges and taxes in
connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver,
and file any additional documents or certifications that Lender may consider necessary to perfect,
continue, and preserve Grantor's obligations under this Security instrument and to confirm Lender's lien
-status on any Property, and Grantor agrees to pay all reasonable expenses, charges and taxes in
connection with the preparation and recording thereof. Time is of the essence.
28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any
dispute, claim or other matter in question between or among Lender and Grantor that arises cut of or
relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and
Grantor agree to in writing. For purposes of this section, this Transaction includes this Security
Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of
credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any
"core proceedings" under the United States bankruptcy laws. Lender and Grantor must consent to
arbitrate any Dispute concerning the Secured Debi secured by real estate at the time of the proposed
arbitration. Lender may foreclose or exercise any powers of sale against real property securing the
Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the
Secured Debt secured by this real property and underlying the Dispute before, during or after any
arbitration.
Leader or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar
remedies, including taking property or exercising other rights under the taw; seek attachment,
garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the
rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against any property by any
method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning
and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to
compel arbitration.
The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute,
whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in
equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in
question not arising out of this Transaction. Any court havingjurisdiction may enter a judgment or decree
on the arbitrator's award. Thejudgment or decree will be enforced asany other judgment or decree.
Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from
the agreements or transactions between and among Lender and Grantor involve interstate commerce. The
United States Arbitration Act will govern the interpretation and enforcement of this section.
The American Arbitration Association's Commercial Arbitration Rules, in effect ort the date of this
Security Instrument, will govern the selection of the arbitrator and the arbitration process, unless
otherwise agreed to in this Security Instrument or another writing.
29. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties
have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the
parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is
arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury
or judge during the arbitration.
SIGNATURES. By signing, Grantor agrees to the terms and covenants contained in this Security
Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument.
Grantor:
Wheat Ridge Urban Renewal Authority
B�
Terrell R. Williams, Chairman
A T ST: f� (ti 1' p�' ro �o
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-AM,Y. m
Executive Director S'ytr
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ACKNOWLEDGMENT.
STATE OF COLORADO }
)ss.
COUNTY OF JEFFERSON )
CITY OF WHEAT RIDGE )
This instrument was acknowledged before me this ,s ay of April, 2008, by Terrell R. Williams and
Patrick Goff, Chairman and Executive Director, respectively, of Wheat Ridge Urban Renewal Authority,
a Colorado urban renewal authority.
My commission expires: sxo-,�/a I ' — A
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824857.1 N6-60
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Space Above This Line For Recording Data
DEED OF TRUST
DATE AND PARTIES. The date of this Deed Of Trust (Security Instrument) is April 17, 2008. The
parties and their addresses are:
GRANTOR:
WHEAT RIDGE URBAN RENEWAL AUTHORITY
do A Colorado Urban Renewal Authority
qu 7500 W 29s'Avenue
✓V Wheat Ridge, Colorado 80033
f TRUSTEE:
PUBLIC TRUSTEE OF JEFFERSON COUNTY, COLORADO
LENDER: I�I�IIIIII,,I �RII!IIIIIIIII�JIUD�IIII D $0.00
F'IRSTl1ANK OF WHEAT RIDGE
Organized and existing under the laws of Colorado 200803d969 TD
4350 Wadsworth Boulevard 04/17/2008 04:09:52 PM 9 Page(s)
Wheat Ridge, Colorado 80033 Jefferson County, Colorado
1. CONVEYANCE. For good and valuable consideration, the receipt and sufficiency of which is
acknowledged, and to secure the Secured Debts and Grantor's performance under this Security
Instrument, Grantor irrevocably grants, conveys and sells to Trustee, in trust for the benefit of Lender,
with power of sale, the following described property:
The West 1/2 of the Northeast 1/4 of the Northwest 1/4 of the Southeast 1/4 of Section 23, Township 3
South, Range 69 West of the 6th P.M.,
Exeept the North 30 feet, in use as West 44th Avenue,
Except the East 25 feet in use as Upham Street,
Except the East 125 feet ofthe North 130 feet thereof and
Except that portion conveyed to the City of Wheat Ridge in Deed recorded June 30, 1987 at Reception
No. 87085220,
County oflefferson, State of Colorado
The property is located in Jefferson County at7340 West 441h Avenue, Wheat Ridge, Colorado 80033.
Together with all rights, easements, appurtenances, royalties, mineral rights, oil and gas rights, crops,
timber, all diversion payments or third party payments made to crop producers, all water and riparian
rights, wells, ditches, reservoirs and water stock and all existing and future improvements, structures,
fixtures, and replacements that may now, or at any time in the future, be part of the real estate described
(all referred to as Property). "Chis Security Instrument will remain in effect until the Secured Debts have
been paid in full.
2. MAXIMUM OBLIGATION LIMIT. The total principal amount secured by this Security
Instrument at any one time will not exceed $1,857,000.00. This limitation of amount does not include
interest and other fees and charges validly trade pursuant to this Security Instrument. Also, this limitation
does not apply to advances made under the terms of this Security Instrument to protect Lender's secuLjjy
and to perform any of the covenants contained in this Security Instrument. q 3. locJ Sl
3. SECURED DEBTS. The term "Secured Debts" includes and this Security Instrument will secure
each of the following:
A. Specific Debts. The following debts and all extensions and modifications: A promissory note,
No. 8836566, dated April 17, 2008, from Grantor to Lender, with a loan amount of $3,285,000.00,
with an interest rate of 4.0 percent per year and maturing on April 15, 2014 (the "Note").
B. Sums Advanced. All suns advanced and reasonable expenses incurred by Lender under the
terms of this Security Instrument.
a. PAYMENTS. Grantor agrees that all payments under the Secured Debts will be paid when due and
in accordance with the terms of the Secured Debts and this Security Instrument_
5. WARRANTY OF TITLE. Grantor warrants that Grantor is or will be lawfully seized of the estate
conveyed by this Security Instrument and has the right to irrevocably grant, convey and sell the Property
to Trustee, in trust, with power of sale. Grantor also warrants that the Property is unencumbered, except
for encumbrances of record.
6. PRIOR SECURITY INTERESTS. With regard to any other mortgage, deed of trust, security
agreement or other lien document that created a prior security interest or encumbrance on the Property,
Grantor agrees:
A. To make all payments when due and to perform or comply with all covenants,
B. To promptly deliver to Lender any notices that Grantor receives from the holder.
C. Not to allow any modification or extension of, nor to request any future advances under any note
OF agreement secured by the lien document that is on a parity or superior to the lien created by this
Security Instrument without Lender's prior written consent.
7. CLAIMS AGAINST TITLE. Grantor will pay all taxes, assessments, liens, encumbrances, lease
payments, ground rents, utilities, and other charges relating to the Property when due. Lender may require
Grantor to provide to Lender copies of all notices that such amounts are due and the receipts evidencing
Grantor's payment. To the extent permitted by law, Grantor will defend title to the Property against any
claims that would impair the lien of this Security Instrument. Grantor agrees to assign to Lender, as
requested in writing by Lender, any rights, claims or defenses Grantor may have against parties who
supply labor or materials to maintain or improve the Property.
8. DUE ON SALE OR ENCUMBRANCE. Lender may, at its option, declare the entire balance of the
Secured Debt to be immediately due and payable upon the creation of any lien or encumbrance on the
Property on a parity with or senior to the lien created on the Property by this Security Instrument, unless
consented to in writing by the Lender, or upon the sale of any or all of the Property. This right is subject
to the restrictions imposed by federal law (I2 C.F.R. 591), as applicable.
4. WARRANTIES AND REPRESENTATIONS. Grantor has the right and authority to enter into this
Security Instrument. The execution and delivery of this Security Instrument will not violate any
agreement governing Grantor or to which Grantor is a party.
10. PROPERTY CONDITION, ALTERATIONS AND INSPECTION. Grantor will keep the
Property in good condition and make all repairs that are reasonably necessary. Grantor will not commit or
allow any waste, impairment, or deterioration of the Property. Grantor will keep the Property free of
noxious weeds and grasses. Grantor agrees that the nature of the occupancy and use will not substantially
change without notification to the Lender. Grantor will not permit any change in any license, restrictive
covenant or easement without notifying the Lender. Grantor will notify Lender of all demands,
proceedings, claims, and actions against Grantor, and of any loss or damage to the Property.
No portion of the Property will be removed, demolished or materially altered without notifying the
Lender except that Grantor has the right to remove items of personal property comprising a part of the
Property that become worn or obsolete without notifying the Lender, provided that such personal property
is replaced with other personal property at least equal in value to the replaced personal property, free from
any lisle retention device, security agreemont.or other encumbrance. Such replacement of personal
property will he deemed subject to the security interest created by this Security Instrument Grantor will
not partition or subdivide the Property without notifying the Lender.
Lender or Lender's agents may, at Lender's option, enter the Property at any reasonable time for the
purpose of inspecting the Property. Lender will give Grantor notice at the time of or before an inspection
specifying a reasonable purpose for the inspection. Any inspection of the Property will be entirely for
Lender's benefit and Grantor will in no way rely on Lender's inspection.
11. AUTHORITY TO PERFORM, if Grantor fails to perform any duty or any of the covenants
contained in this Security Instrument, Lender may, without notice, perform or cause them to be
performed. Lender's right to perform for Grantor will not create an obligation to perform, and Lenders
failure to perform will not preclude Lender from exercising any of Lender's other rights under the law or
this Security Instrument.
12. ASSIGNMENT OF LEASES AND RENTS. Grantor irrevocably assigns, grants, conveys to
Lender as additional security all the right, title and interest in the following (Property).
A. Existing or future leases, subleases, licenses, guaranties and any other written or verbal
agreements for the use and occupancy of the Property, including but not limited to any extensions,
renewals, modifications or replacements (Leases)_
B_ Rents, issues and profits, including but not limited to security deposits, minimum rents,
percentage rents, additional rents, common area maintenance charges, parking charges, real estate
taxes, other applicable taxes, insurance premium contributions, liquidated damages following
default, cancellation premiums, "loss of rents" insurance, guest receipts, revenues, royalties;
proceeds, bonuses, accounts, contract rights, general intangibles, and all rights and claims which
Grantor may have that in any way pertain to or are on account of the use or occupancy of the whole
or any part of the Property (Rents).
In the event any item listed as Leases or Rents is determined to be personal property, this Assignment will
also be regarded as a security agreement. Grantor will promptly provide Lender with copies of the Leases
and will certify these Leases are true and correct copies. The existing Leases will be provided on
execution of the Assignment, and all future Leases and any other information with respect to these Leases
will be provided immediately after they are executed. Grantor may collect, receive, enjoy and use the
Rents so long as Grantor is not in default. Grantor will not collect in advance any Rents due in future
lease periods, unless Grantor first obtains Lender's written consent. Upon default, Grantor will receive
any Rents in trust for Lender and Grantor will not commingle the Rents with any other funds. When
Lender so directs, Grantor will endorse and deliver any payments of Rents from the Property to Lender.
Amounts collected will be applied at Lender's discretion to the Secured Debts, the costs of managing,
protecting and preserving the Property, and other necessary expenses. Grantor agrees that this Security
Instrument is immediately effective between Grantor and Lender. This Security Instrument will remain
effective during any statutory redemption period until the Secured Debts are satisfied. Unless otherwise
prohibited or prescribed by state law, Grantor agrees that Lender may take actual possession of the
Property without the necessity of commencing any legal action or proceeding. Grantor agrees that actual
possession of the Property is deemed to occur when Lender notifies Grantor of Grantor's default and
demands that Grantor and Grantor's tenants pay all Rents due or to become due directly to Lender.
Immediately after Lender gives Grantor the notice of default, Grantor agrees that either Lender or Grantor
may immediately notify the tenants and demand that all future Rents be paid directly to Lender. As long
as this Assignment is in effect, Grantor warrants and represents that no default exists under the Leases,
and the parties subject to the Leases have not violated any applicable law on leases, licenses and landlords
and tenants. Grantor, at its sole cost and expense, will keep, observe and perform, and require all other
parties to the gases to comply with the Leases and any applicable law. If Grantor or any party to the
Lease defaults or fails to observe any applicable law, Grantor will promptly notify Lender. If Grantor
neglects or refuses to enforce compliance with the terms of the Leases, then Lender may, at Lenders
option, enforce compliance. Grantor will not sublet; modify, extend, cancel, or otherwise alter the Leases,
or accept the surrender of the Property covered by the Leases (unless the Leases so require) without
Lender's consent. Grantor will not assign, compromise, subordinate or encumber the Leases and Rents
without Lender's prior written consent. Lender does not assume or become liable for the Property's
maintenance, depreciation, or other losses or damages when Lender acts to manage, protect or preserve
the Property, except for losses and damages due to Lender's gross negligence or intentional torts.
Otherwise, to the extent permitted by law, Grantor will indemnify Lender and hold Lender harmless for
all liability, loss or damage that Lender may incur when Lender opts to exercise any of its remedies
against any party obligated under the Leases.
13. DEFAULT. Grantor will be in default if any of the following occur:
A. Payments. Grantor fails to make a payment in full when due and such failure continues for 5
husincss days.
B, Insolvency or Bankruptcy. The death, dissolution or insolvency of, appointment of a receiver by
or on behalf of, application of any debtor relief law, the assignment for the benefit of creditors by or
on behalf of, the voluntary or involuntary termination of existence by, or the commencement of any
proceeding under any present or future federal or state insolvency, bankruptcy, reorganization,
composition or debtor relief law by or against Grantor_
C. Failure to Perform„>ttor fails to perform any condition or to keep any promise or covenant
of this Security Instrument..
D. Other Documents. A default occurs under the terms of any other document relating to the
Secured Debts.
E. Other Agreements. Grantor is in default on any other debt or agreement Grantor has with Lender
or any affiliate of Lender.
F. Misrepresentation. Grantor makes any verbal or written statement or provides any financial
information that is materially untrue or inaccurate, or conceals a material fact at the time it is made
or provided.
G- Judgment. Grantor fails to satisfy or appeal any judgment against Grantor.
H. Forfeiture. The Property is used in a manner or for a purpose that threatens confiscation by a
legal authority_
i. Name Change. Grantor changes Grantor's name or assumes an additional name without
notifying Lender before making such a change.
J. Property Transfer. Grantor transfers all or a substantial part of Grantor's money or property.
This condition of default, as it relates to the transfer of the Property, is subject to the restrictions
contained in the DUI; ON SALE section.
K. Property Value. Lender determines in good faith that the value of the Property has declined or is
impaired.
L. Insecurity. Lender determines in good faith that a material adverse change has occurred in
Grantor's financial condition from the conditions set forth in Grantor's most recent financial
statement before the date of this Security Instrument or that the prospect for payment or performance
of the Secured Debts is impaired for any reason.
Notwithstanding the foregoing or any other provision in this Security Instrument or any other Loan
Document (as defined in the Note) or agreement with the Lender to the contrary, upon the occurrence of
any non-payment default the Lender shall provide the Grantor with written notice of such a default; and
the Grantor shall have 30 days after the receipt of such notice to cure such default prior to the Lender
exercising any remedies hereunder or under any other Loan Documents or agreements.
14. REMEDIES, On or after default, Lender may use any and all remedies Lender has under state or
federal law or in any document relating to the Secured Debts, including, without limitation, the power to
sell the Property or foreclose on installments without acceleration. Any amounts advanced on Grantor's
behalf will be immediately due and may be added to the balance owing under the Secured Debts. Lender /
may make a claim for any and all insurance benefits or refunds that may be available on Grantor's
default.
Subject to any right to cure, required time schedules or any other notice rights Grantor may have under
federal and state law, Lender may make all or any part of the amount owing by the terms of the Secured
Debts immediately due and foreclose this Security Instrument in a manner provided by law upon the
occurrence of Grantor's default or anytime thereafter.
If there is a default, Trustee will, in addition to any other permitted remedy, at the request of the Lender,
advertise and sell the Property as a whole or in separate parcels at public auction to the highest bidder for
cash. Trustee wilt give notice of sale including the time, terms and place of sale and a description of the
Property to be sold as required by the applicable law in effect at the time of the proposed sale.
Upon the sale of the Property, to the extent not prohibited by law, and at such time purchaser is legally
entitled to it, Trustee shall make and deliver a deed to the Property sold which conveys title to the
purchaser, and after first paying all fees, charges and costs, shall pay to Lender all monies advanced for
repairs, taxes, insurance liens, assessments and prior encumbrances and interest thereon, and the principal
and interest on the Secured Debt, paying the surplus, if any, to persons legally entitled to it. Lender may
purchase the Properly. The recitals in any deed of conveyance shall be prima facie evidence of the facts
set forth therein.
All remedies are distinct, cumulative and not exclusive, and the Lender is entitled to all remedies
provided at law or equity, whether or not expressly set forth. The acceptance by Lender of any sunt in
payment or partial payment on the Secured Debts after the balance is due or is accelerated or after
foreclosure proceedings are filed will not constitute a waiver of Lender's right to require full and
complete cure of any existing default_ By not exercising any remedy, Lender does not waive Lender's
right to later consider the event a default if it continues or happens again.
I5. COLLECTION EXPENSES AND ATTORNEYS' FEES. On or after Default, to the extent
permitted by law, Grantor agrees to pay all reasonable expenses of collection, enforcement or protection
of Lender's rights and remedies under this Security Instrument or any other document relating to the
Secured Debts. Grantor agrees to pay reasonable expenses for Lender to inspect and preserve the Property
and for any recordation costs of releasing the Property from this Security Instrument. Expenses include,
but are not limited to, reasonable attorneys' fees after default and referral to an attorney who is not a
salaried employee of the Lender, court costs, and other collection costs. These expenses are due and
payable immediately. If not paid immediately, these expenses will bear interest from the date of payment
until paid in full at the rate of 12.000 percent. In addition, to the extent permitted by the United States
Bankruptcy Code, Grantor agrees to pay the reasonable attorneys' fees incurred by Lender to protect
Lender's rights and interests in connection with any bankruptcy proceedings initiated by or against
Grantor.
16. ENVIRONMENTAL LAWS AND HAZARDOUS SUBSTANCES. As used in this section, (I)
Environmental Law means, without limitation, the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA, 42 U.S.C. 9601 et seq.), all other federal, state and local
laws, regulations, ordinances, court orders, attorney general opinions or interpretive letters concerning the
public health, safety, welfare, environment or a hazardous substance: and (2) Hazardous Substance means
any toxic, radioactive or hazardous material, waste, pollutant or contaminant which has characteristics
which render the substance dangerous or potentially dangerous to the public health, safety, welfare or
environment. The term includes, without limitation, any substances defined as "hazardous material,"
"toxic substance," "hazardous waste," "hazardous substance," or "regulated substance" tinder any
Environmental Law.
Grantor represents, warrants and agrees that:
A. Except as previously disclosed and acknowledged in writing to Lender, no Hazardous Substance
has been, is, or will be located, transported, manufactured, treated, refined, or handled by any person
on, under or about the Property, except in the ordinary course of business and in strict compliance
with all applicable Environmental Law. /
B. Except as previously disclosed and acknowledged in writing to Lender, Grantor has not and wilt �Q
not cause, contribute to, or permit the release ofany Hazardous Substance on the Property,
C. Grantor will immediately notify Lender if (1) a release or threatened release of Hazardous
Substance occurs on, under or about the Property or migrates or threatens to migrate from nearby
property; or (2) there is a violation of any Environmental Law concerning the Property. In such an
event, Grantor will take all necessary remedial action in accordance with Environmental Law.
D. Except as previously disclosed and acknowledged in writing to Lender, Grantor has no
knowledge of or reason to believe there is any pending or threatened investigation, claim, or
proceeding of any kind relating to any Hazardous Substance located on, under or about the Property;
or (2) any violation by Grantor or any tenant of any Environmental Law. Grantor will immediately
notify Lender in writing as soon as Grantor has reason to believe there is any such pending or
threatened investigation, claim, or proceeding. In such an event, Lender has the right, but not the
obligation, to participate in any such proceeding including the right to receive copies of any
documents relating to such proceedings.
E. Except as previously disclosed and acknowledged in writing to Lender, Grantor and every tenant
have been, are and will remain in full compliance with any applicable Environmental Law.
F. Except as previously disclosed and acknowledged in writing to Lender, there are no underground
storage tanks, private dumps or open wells located on or under the Property and no such tank, dump
or well will be added unless fender first consents in writing.
G. Grantor will regularly inspect the Property, monitor the activities and operations on the Property,
and confirm that all permits, licenses or approvals required by any applicable Environmental Law are
obtained and complied with.
H. Grantor will permit; or cause any tenant to permit, Lender or Lender's agent to enter and inspect
the Property and review all records at any reasonable time to determine (l) the existence, location
and nature of any Hazardous Substance on, under or about the Property; (2) the existence, location,
nature, and magnitude of any Hazardous Substance that has been released on, under or about the
Property; or (3) whether or not Grantor and any tenant are in compliance with applicable
Environmental Law.
t. Upon Lender's request and at any time, Grantor agrees, at Grantor's expense, to engage a
qualified environmental engineer to prepare an environmental audit of the Property and to submit the
results of such audit to Lender. The choice of the environmental engineer who will perform such
audit is subject to Lender's approval.
J. Lender has the right, but not the obligation, to perform any of Grantor's obligations under this
section at Grantor's expense.
K. As a consequence of any breach of any representation, warranty or promise made in this section,
(1) Grantor will, to the extent permitted by taw, indemnify and hold Lender and Lender's successors
or assigns harmless from and against all losses, claims, demands, liabilities, damages, cleanup,
response and remediation costs, penalties and expenses, including without limitation all costs of
litigation and attorneys' fees, which Lender and Lender's successors or assigns may sustain; and (2)
at Lender's discretion, Tender may release this Security Instrument and in return Grantor will
provide Lender with collateral of at least equal value to the Property without prejudice to any of
Lenders rights under this Security Instrument.
L. Notwithstanding any of the language contained in Ibis Security Instrument to the contrary, the
terms of this section will survive any foreclosure or satisfaction of this Security Instrument
regardless of any passage of title to Lender or any disposition by Lender of any or all of the Property.
Any claims and defenses to the contrary are hereby waived.
17. CONDEMNATION. Grantor will give Lender prompt notice of any pending or threatened action by
private or public entities to purchase or take any or all of the Property through condemnation, eminent
domain, or any other means. Grantor authorizes Lender to intervene in Grantor's name in any of the
above described actions or claims. Grantor assigns to Lender the proceeds of any award or claim for
damages connected with a condemnation or other taking of all or any part of the Property. Such proceeds
will be considered payments and will be applied as provided in ibis Security Instrument. This assignment
of proceeds is subject to the terms of any prior mortgage, deed of trust, security agreement or other lien
document
18. INSURANCE. In the event that Grantor leases the Property to a third parry, Grantor will maintain a
prudent amount of liability and hazard insurance on the Property, as determined by the Grantor. Evidence
of such insurance shall be provided to the Lender upon its request. Grantor will not be required to obtain
any other insurance coverage on the Property.
19. ESCROW FOR TAXES AND INSURANCE. Grantor will not be required to pay to Lender funds
for taxes and insurance in escrow.
20. CO-SIGNERS. If this Security Instrument secures a guaranty between Lender and Grantor, Grantor
agrees to waive any rights that may prevent Lender from bringing any action or claim against Grantor or
any party indebted tinder the obligation. These rights may include, but are not limited to, any ami -
deficiency or one -action laws.
21. WAIVERS. Except to the extent prohibited by law, Grantor waives all appraisement and homestead
exemption rights relating to the Property.
22, OTHER TERMS. The following are applicable to this Security Instrument:
A. Additional Terms. Grantor hereby covenants that it will not take any action or omit to take any
action with respect to the Secured Debts, any proceeds therefrom, or any other funds that Grantor has
or any facilities financed or refinanced with the proceeds of the Secured Debts if such action or
omission (i) would cause the interest on the Secured Debts to lose its exclusion from gross income
for federal income tax purposes under Section 103 of the Internal Revenue Code of 1986 (the
"Code"), (ii) would cause interest on the Secured Debts to lose its exclusion from alternative
minimum taxable intone as defined in Section 55(b)(2) of the Code except to the extent such
interest is required to be included in adjusted current earnings adjustment applicable to corporations
under Section 56 of the Code in calculating corporate alternative minimum taxable income,
(iii) would cause interest on the Secured Debts to lose its exclusion from Colorado taxable income or
Colorado alternative minimum taxable income under present Colorado law, or (iv) would cause the
Secured Debts to not be bank qualified under Section 265(b)(3) of the Code. The foregoing
covenant shall remain in full force and effect notwithstanding the payment in full or defeasance of
the Note until tite date on which all of Grantor's obligations in fulfilling the above covenant under
the Code have been met.
23. APPLICABLE LAW. This Security Instrument is governed by the laws of Colorado, the United
States of America, and to the extent required, by the laws of the jurisdiction where the Property is located,
except to the extent such state laws are preempted by federal law.
24. JOINT AND INDIVIDUAL LIABILITY AND SUCCESSORS. Lender may release any part of
the Property and Grantor will still be obligated under this Security Instrument for the remaining Property.
The duties and benefits of this Security Instrument will bind and benefit the successors and assigns of
Lender and Grantor.
25. AMENDMENT, INTEGRATION AND SEVERARILITV. This Security instrument may not be
amended or modified by oral agreement. No amendment or modification of this Security Instrument is
effective unless made in writing and executed by Grantor and Lender. This Security Instrument and any
other documents relating to the Secured Debts are the complete and final expression of the agreement. If
#; any provision of this Security Instrument is unenforceable, then the unenforceable provision will be
severed and the remaining provisions will still be enforceable,
26. INTERPRETATION. Whenever used, the singular includes the plural and the plural includes the
singular. The section headings are for convenience only and are not to be used to interpret or define the
terms of this Security Instrument.
27. NOTICE, FINANCIAL REPORTS, ADDITIONAL DOCUMENTS AND RECORDING
TAXES. Unless otherwise required by law, any notice will be given by delivering it or mailing it by first
class mail to the appropriate party's address listed in the DATE AND PARTIES section, or to any other
address designated in writing. Grantor will inform Lender in writing of any change in Grantor's name,
address or other application information. Grantor will provide Lender any financial statements or
information Lender reasonably requests. All financial statements and information Grantor gives Lender
will be correct and complete. Grantor agrees to pay all reasonable expenses, charges and taxes in
connection with the preparation and recording of this Security Instrument. Grantor agrees to sign, deliver,
and file any additional documents or certifications that Lender may consider necessary to perfect,
continue, and preserve Grantor's obligations under this Security Instrument and to confirm Lender's lien
status on any Property, and Grantor agrees to pay all reasonable expenses, charges and taxes in
connection with the preparation and recording thereof. Time is ofthe essence.
28. AGREEMENT TO ARBITRATE. Lender or Grantor may submit to binding arbitration any
dispute, claim or other matter in question between or among Lender and Grantor that arises out of or
relates to this Transaction (Dispute), except as otherwise indicated in this section or as Lender and
Grantor agree to in writing. For purposes of this section, this Transaction includes this Security
Instrument and any other document relating to the Secured Debts, and proposed loans or extensions of
credit that relate to this Security Instrument. Lender or Grantor will not arbitrate any Dispute within any
"core proceedings" under the United States bankruptcy laws. Lender and Grantor must consent to
arbitrate any Dispute concerning the Secured Debt secured by real estate at the time of the proposed
arbitration. Lender may foreclose or exercise any powers of sale against real property securing the
Secured Debt underlying any Dispute before, during or after any arbitration. Lender may also enforce the
Secured Debt secured by this real property and underlying the Dispute before, during or after any
arbitration.
Lender or Grantor may, whether or not any arbitration has begun, pursue any self-help or similar
remedies, including taking property or exercising other rights under the law; seek attachment,
garnishment, receivership or other provisional remedies from a court having jurisdiction to preserve the
rights of or to prevent irreparable injury to Lender or Grantor; or foreclose against any property by any
method or take legal action to recover any property. Foreclosing or exercising a power of sale, beginning
and continuing a judicial action or pursuing self-help remedies will not constitute a waiver of the right to
compel arbitration.
The arbitrator will determine whether a Dispute is arbitrable. A single arbitrator will resolve any Dispute,
whether individual or joint in nature, or whether based on contract, tort, or any other matter at law or in
equity. The arbitrator may consolidate any Dispute with any related disputes, claims or other matters in
question not arising out of this Transaction. Any court having jurisdiction may enter a judgment or decree
on the arbitrator's award. The judgment or decree will be enforced as any other judgment or decree.
Lender and Grantor acknowledge that the agreements, transactions or the relationships which result from
the agreements or transactions between and among Lender and Grantor involve interstate commerce. The
United States Arbitration Act will govern the interpretation and enforcement of this section.
The American Arbitration Association's Commercial Arbitration Rules, in effect on the date of this
Security Instrument, will govern the selection of the arbitrator and the arbitration process, unless
otherw'isc agreed to in this Security instrument or another writing.
2v. WAIVER OF TRIAL FOR ARBITRATION. Lender and Grantor understand that the parties
have the right or opportunity to litigate any Dispute through a trial by judge or jury, but that the
parties prefer to resolve Disputes through arbitration instead of litigation. If any Dispute is
arbitrated, Lender and Grantor voluntarily and knowingly waive the right to have a trial by jury
or judge during the arbitration.
SIGNATURES. By signing, Grantor agrees to the semis and covenants contained in this Security
Instrument. Grantor also acknowledges receipt of a copy of this Security Instrument.
Grantor:
Wheat Ridge Urban Renewal Authority
By
Terrell R. Williams, Chairman
COIip0
ATT,.
3:rrq
s q -
ti { , Yr
Executive Director p�
ACKNOWLEDGMENT.
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
CITY OF WHEAT RIDGE )
This instrument was acknowledged before me this & day or April, 2008, by Terrell R. Williams and
Patrick Gorr, Chairman and )executive Director, respectively, of Wheat Ridge Urban Renewal Authorityt
a Colorado urban renewal authority.
My commission expires: S%o7�aplb
(Notary Publi
s2ahsa.z
DISTRICT COURT, JI
COLORADO
Court Address: 100 Jefferson County Parkway
Golden, Colorado 80403
101r1P�fl11111111�11!Ill�lli Illll'iii�lllll o $0t.00
2008087834 LP
09/18/2008 09:58:26 AM 2 Page(s)
Jefferson County, Colorado
Plaintiffs: WHEAT RIDGE_ URBAN RENEWAL
AUTHORITY
Vs.
Defendants: UNDERWRITERS INTERNATIONAL,
INCORPORATED, a Tennessee corporation succeeded
by merger; SOUTH CENTRAL UNDERWRITING
COMPANY, a Tennessee corporation;
SUPPLEMENTAL INSURANCE DIVISION, INC., a
Tennessee corporation; FAYE GRIFFIN, as Public
Trustee and Treasurer of Jefferson County; PARTIES IN
POSSESSION; UNKNOWN PARTIES IN
POSSESSION; ANY AND ALI, OTHER PERSONS,
PARTNERSHIPS, CORPORATIONS OR ENTITIES
OF EVERY TYPE, KIND AND DESCRIPTION
WHATSOEVER UNKNOWN, REAL NAMES
UNKNOWN, CLAIMING ANY RIGHT, TITLE,
ESTATE, INTEREST, EQUITY, OR LIEN,
WHATSOEVER, IN AND TO OR AGAINST THE
REAL PROPERTY DESCRIBED HERE -IN; AND ALL
UNKNOWN PERSONS WHO CLAIM ANY
INTEREST IN THE SUBJECT MATTER OF TIIIS
ACTION
Attorney:
Jefferson H. Parker, No. 26205
Attorney:
Elizabeth C. Gross, No. 36982
Firm:
Hayes, Phillips; HolTmann & Carberry,
P.C.
Address:
1350 17'h Street, Suite 450
Denver, CO 80202
Phone No.:
(303) 825-6444
Fax No.:
(303) 825-1269
A COURT USE ONLY A
Case Number: 08 -CV -4003
Division:
NOTICE OF LIS PENDENS
This action has been commenced to quiet title of Plaintiff in and to the real
property situated in Jefferson County, Colorado, more particularly described as follows:
Oro
The North 134 feet of the South 2723 feet of the Last 8.45 feet of the East '/2 of
the Northwest % of the Northwest'/ of the Southeast 1/. of Section 23, Township
3 South, Range 69 West of the 61h P.M., County of Jefferson, State of Colorado.
Dated this (S+N day of September, 2008.
Hayes, Phjllips, Hoffmann & Carberry, P.C.
By: 1�
J Terson H. Parker, No. 26205
Elizabeth C. Gross, No. 36982
ATTORNEYS FOR PLAINTIFF
Address of Plaintiff:
Wheat Ridge Urban Renewal Authority
7500 W. 291h Ave.
Wheat Ridge, CO 80033
2009001396 01/07/2009 11:67:47 AM
PGS 4 $21.00 DF $0
Electronically Recorded Jefferson Coun((yy CO
Pam Anderson, Clerk and Recorder T01000 N
♦LAI
• City of
� Wheat is ge
Official Legal Description
For the
City of Wheat Ridge
Corporate Boundary
May 1, 2008
CITY OF WHEAT RIDGE
The South half of the Southwest quarter of Section 15 and that portion of the North half
of the Southwest quarter of Section 13 lying South of the North lines of Lots 4 and 5 and
9, Berkeley Heights Subdivision, recorded with the County of Jefferson in Book 1, page
40, and East of the West right of way line of Marshall (A.K.A. State Highway 72).
That portion of the Southeast quarter of Section 14 lying East of the Westerly line of that
parcel described in deed recorded with the County of Jefferson in Book 2627, page 423
and South of the South right of way line of Interstate 70. Also, that portion of the East
half of the Southwest quarter of Section 14 lying South of the South right of way line of
Interstate 70 and that portion of the West half of the Southwest quarter of Section 14
lying South of the North right of way line of Interstate 70.
That portion of the Southeast quarter of Section 15 lying South of the North right of way
line of Interstate 70. Also, that portion of the East half of the Southwest quarter of
Section 15 lying South of the North right of way line of a 100' Public Service Company
Corridor, recorded with the County of Jefferson in Book 722, page 172 and the South
half of the Northwest quarter of the Southwest quarter, and that portion of the North half
of the Northwest quarter of the Southwest quarter of Section 15 lying South of the South
line of Sandra -Terry Subdivision, recorded with the County of Jefferson in Book 17,
page 14, also being the center line of West 51" Place, and West of the West right of way
of Independence Street.
The Southwest quarter of the Northeast quarter and that part of the Southeast quarter of
the Northeast quarter West of the East right of way line of Mil ler Street as described in
document recorded at reception number 2006151561, the Northwest quarter of the
Southeast quarter, the Southwest quarter ofthe Southeast quarter, the Northeast quarter
of the Southwest quarter, the Southwest quarter of the Southwest quarter, the Southeast
quarter of the Southwest quarter, all in Section 16, all that portion of the Southeast
quarter of the Southeast quarter of Section 16, lying South of the North line of that right
of way parcel described in deed recorded in Book 738 at page 374, and West of the East
right of way line of Miller Street as described in document recorded at reception number
2006151561, all that portion of the Northeast quarter of the Southeast quarter lying West
of the East right of way line of Miller Street as described in document recorded at
reception number 2006151561 and all that portion of the Southeast quarter of the
Northwest quarter lying South of the North line of that parcel described in document
recorded at reception number F 1738744 and that portion lying West of the West line of
Skyline Estates Filing No. 2, recorded at reception number F1816752.
The Southeast quarter of Section 17 and that portion of the Southwest quarter of Section
17 lying South of the North line of Kaiser Permanente Subdivision Filing No. 2, recorded
with the County of Jefferson at Reception No, F1207410 and East of the West line of
Kaiser Permanente Subdivision Filing No. 3, recorded with the County of Jefferson in
Book 167, page 52, Reception No. F1545447, and that part of the Southeast quarter of
the Northeast quarter being described in deeds recorded at reception numbers F 1851207
and F 1851208, and all of Beyers Subdivision recorded at reception number F 1023054.
Page I of 3
That portion of the Northeast quarter of Section 19, being South of the North line of 44'
Industrial Park Subdivision, recorded with the County of JetTerson in Book 143, page 42,
Reception No. 1?0700216. All that portion ofthe Southeast quarter of Section 19 being
East ofthe West line of Cabela's/Coors Subdivision Filing No, 1, recorded with the
County'4)f Jefferson at 2006099915, excepting therefrom that parcel described in
document recorded at reception number 06730009.
The Northeast, Southeast, and Southwest quarters of Section 20, excluding therefrom
those parcels described in documents recorded at reception numbers 03370277 and
06730009. That portion ofthe East half ofthe Northwest quarter of Section 20 lying
East ofthe West line of Kaiser Permanente Subdivision Filing No. 3, recorded with the
County of Jefferson in Book 167, page 52, Reception No. F 1545447 and East of the West
line of those parcels described in deed recorded with the County of Jefferson at
Reception No, 89037733 and South ofthe North line of State Highway 1-70, as recorded
with the County of Jefferson in Book 1875, page 165 and Book 1900, page 478 and
South ofthe North right of way line of West 441 Avenue as recorded with the County of
Jefferson at Reception No. 89033001 and South of the North line of 44t' Industrial Park
Subdivision, recorded with the County of Jefferson in Book 143, page 42, Reception No.
F0700216.
All of Sections 21, 22, and 21
The Northwest and Southwest quarters of Section 24. The Southeast quarter of the
Southeast quarter, the Southwest quarter ofthe Southeast quarter, and the West half of
the Northwest quarter of the Southeast quarter of section 24.
The Northeast and Northwest quarters of Section 25. The North half of the Southwest
quarter, the Southwest quarter of the Southwest quarter, the West half ofthe Northwest
quarter of the Southeast quarter of the Southwest quarter, and the West half of the
Southwest quarter of the Southeast quarter of the Southwest quarter, and that part of the
Southeast quarter of the Southeast quarter of the Southwest quarter lying East of the East
line of the Pads Subdivision (recorded at reception number F0777006), and that part of
the Northeast quarter ofthe Southeast quarter ofthe Southwest quarter lying East ofthe
West right of way line of Harlan Street adjacent to Lots 1, 2, 4, and 5, Daisylan
Subdivision (recorded at Book 11, page 62). The Southeast quarter, excepting therefrom,
Lot 3, Daisylan Subdivision (recorded at Book 11, page 62) and adjacent Harlan Street
right of way, and excepting the Addams Apt, Homes Condo, and excepting that parcel
described in document recorded at reception number 2006069427, and excluding Lots 6
through 12, Block 1, and all of Block 2, Zerobnick Resubdivision of Block 13, Lakeside
(recorded at Book 13, Page 24), and adjacent right of way for Eaton, and West 26'
Avenue, and the West half of adjacent Depew Street, and excluding Lots 16, and 17, and
Tract A, Whitechurch Subdivision (recorded at Book 9, Page 12), and East half of
adjacent Ames Street and W. 26'" Avenue.
All ofthe Northwest, Northeast and Southeast quarters of Section 26 and that portion of
the Southwest quarter of Section 26 lying East of the Westerly right of way line of
Wadsworth Blvd and North of the Southerly right of way line of 32" Avenue.
Page 2 of 3
The North half of Section 27 and that portion of the South half of Section 27 Westerly of
the Easterly right of way line of Kipling Street and North ofthe Southerly right of way
line of West 32n0 Ave.
The North half of Section 2g, and that portion ofthe South half of Section 28 which is
comprised of Paramount Heights Part 1, recorded with the County of Jefferson in Book
10, page 22, Paramount Heights Part 2, recorded with the County of Jefferson in Book
12, page 4, Paramount Heights Part 3, recorded with the County of Jefferson in Book 13,
page 48, Paramount Heights Part 4, recorded with the County of Jellerson in Book 15,
page 51, and Paramount Heights Part 5, recorded with the County of Jefferson in Book
19, page 29.
All of the Northeast quarter of Section 29. The Northwest quarter ofthe Southeast
quarter, the Northeast quarter ofthe Southwest quarter, and that portion ofthe Northwest
quarter ofthe Southwest quarter Lying .Easterly of the East right of way line of Jaterstate
Highway I-70 and Northerly ofthe South right of way of 32' Avenue, East ofthe West
right -of way line of Zinnia Court extended. The Northwest quarter, lying East of the
West line of CabclaWCoors Subdivision Filing No. 1 recorded with the County of
Jefferson at 2006099915 and East of the West line of 70 West Business Park, Filing No.
3, recorded with the County of Jefferson at F0901318 and that portion of W 3211 Avenue
East ofthe West right-of-way line of Zinnia Court,
That portion ofthe Northeast quarter of Section 30 lying East ofthe Westerly line and
North ofthe Southerly line ofthe Cabela's/Coors Subdivision Filing No. 1 recorded with
the County o0effemon at 2006099915.
All in Township 3 South, Range 69 West ofthe a P.M., County of Jet%rson, State of
Colorado.
SURVEYOR'S STATEMENT
I, EDGAR THOMAS BRISTOW, A REGISTERED LAND SURVEYOR, LICENSED
IN THE STATE OF COLORADO, DO HEREBY STATE FOR AND ON BEHALF OF
FLATIRONS, INC. THAT THIS BOUNDS DESCRIPTION WAS MADE UNDER MY
DIRECT SUPERVISION AND CHECKING, AND IS ACCURATE TO THE BEST OF
MY KNOWLEDGE, INFOIt.WO]iD BELIEF.
EDG. f IOMASB 'PR' 19588' TL —1—
COLO 1D0 P.L.S. #' , 8* r' NO. 06-50,874
PRESIDENT, FLATIR • ;NC. ; •�
3825 IRIS AVE., SUTCE gJ`
BOULDER, C0 80301
�NAt• rAN�c
(303) 443-7001
Page 3 of 3