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HomeMy WebLinkAbout0550Wheat Ridge 650 Easement 2017036286 4/6/2017 10:45 AM PGS . 4 $28.00 OF $0 00 Electronically Recorded Jefferson County CO • Faye Griffin, Clerk and Recorder 'ro1000 N PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that MVG Kipling Ridge LLC, a Colorado limited liability company, whose address is 2240 Blake Street, Suite 200, City and County of Denver, State of Colorado, hereinafter called the "Grantor" for and in consideration of the sum of TEN and 00/100 ($10.00) and other valuable consideration to them in hand paid by the City of Wheat Ridge, hereinafter called "City", does hereby give and grant to said City PERMANENT EASEMENT on, along, over and across the following described premises to-wit: Lot 4, MVG Marketplace Subdivision Filing No. 1, a tract of land lying in the NE'A of Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: -See Exhibit A (2 pages) hereunto attached and incorporated by this reference - NOTE: All bearings are relative to one another and are based on the East line of the NE 'A of said Section 28 as shown on the City of Wheat Ridge Control Diagram which bears S00°12'38"E, being monumented on the Northeast Comer by a 3W' AL cap LS13212 and the Southeast Corner of said NE Vt Section by a 3W' AL cap LS13212, T.3S., R.69W. of the 6h P.M. For the purpose of The construction and maintenance of a shelter, bench, trash receptacle, and other associated appurtenances to a bus stop of the Regional Transportation District. Subject to the following terms and conditions: To the extent permitted by law, and without waiving any immunities, protections, or defenses available at common law or under statute, including, without limitation, the Colorado Governmental Imm.unities Act, Section 24-10-101, et seq., C.R.S., the City. individually and for itself only, agrees to hold harm.less the Grantor from and against any suit, claim, attorney's fees, loss or damage, including personal injury or loss of life, which may occur as a result of negligent construction or maintenance of said by and/or for the City on the property subject to this easement. Said tract contains 171 square feet (0.0039 acres) more or less. Also known by street and number as: 3725 Kipling Street, Wheat Ridge, 80033. And the Grantor hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and lawful right to grant this easement. IN WITNESS WHEREOF, We have hereunto set my hand this sf'--day of thln l A.D., 2017. MVG KIPLING RIDGE LLC, a Colorado limited liability company By:_--'__,....__-=---------Name: J n than Rankin, Title: S ior Vice President an Chief Financial Officer STATE OF COLORADO COUNfY OF JEFFERSON ) ) SS. ) The foregoing instrument was acknowledged before me this s±::"day of '\l ri l , 2017, by Jonathan Rankin, Senior Vice President and Chief Financial Officer, Confluent Development, LLC. My commission expires ~ t.;, 3 , 'LoZ..v . Witness my hand and official seal. 1-"}"\ lil/'~ =c Notary Public STATE OF COLORADO NOTARY ID 19944015957 MY COMMISSION EXPRES FEBRUARY 3, 2020 The drafter o 111 ription 1s Hamid J. Ponserella. RLS No. 29766, prepared on bebalC of the City of Wheat Ridge, 7500 W. 29th Ave., Wheat Ridge, Colorado, 80033 and is not to be construed as representing a monumented land survey. COTTOIMWOOID> SWJIRVIEYDIMG £!MID> £810CD£ T~S, OrHIC P.O. BOX 694. STRASBURG. CO 80136 PHONE OFFICE (303) 549-7992 SCALE 1" • --CHECKED BY:----JOB NO. 2013-14/2016-90 SHEET_1_ Of .L NOTES: DATE 03 I .1]_ I _!I_ B"( __ P_O_NS _____ _ IPIEIRUHIA~l!IMT IBlUJS STOIP SIMllEL TER E/A\llEHIEIMT LEGAL DESCRIPT10N: A BUS STOP SHELTER EASEMENT OVER AND ACROSS LOT 4, MVG MARKETPLACE SUBDIVISION FILING NO. 1, AS RECORDED UNDER RECEPTION NO •. 2014078866 OF THE RECORDS OF THE COUNTY OF JEFFERSON, SITUATE IN THE NORTHEAST QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON, STA TE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4; THENCE SOOi2'JB"E ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 78.90 FEET TO THE POINT OF BEGINNING; THENCE $00i2'JB"E CONTINUING ALONG SAID EAST LINE OF LOT 4, A DISTANCE OF 24.03 FEET; THENCE S89°47'22"W A DISTANCE OF 7.12 FEET; 1HENCE N00'12'3B"W A DISTANCE OF 24.03 FEET; 'THENCE NB9°47'22"E A DISTANCE OF 7.12 FEET TO THE POINT OF BEGINNING CONTAINING 171 SQUARE FEET OR 0.0039 ACRES MORE OR LESS. BEARINGS ARE BASED UPON THE EAST LJNE OF THE NORTHEAST QUARTER OF SAID SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM WHICH BEARS SOOi21J811E BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3-1/4 INCH ALUMINUM CAP LS 13212 IN A MONUMENT BOX AND THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 28. T.35., R.69W. OF THE 6TH P.M., BY A J-1/4 INCH ALUMINUM CAP LS 13212 IN A MONUMENT BOX. SURVEYOR'S CER11FICA 110N: COTTOIMWOOlO> llUJmlYEWDIMG /lMD £180CDA TIES, DIMC P.O. BOX 694, STRASBURG, CO 80136 PHONE OFFICE (303) 549-7992 SCALE 1 • • 20' CHECKED BY: NOlES: ----JOB NO. 2013-14/2016-90 SHEET _L OF _L DAlE .Q! I 2!... I ...!L BY __ P_ON_S ------ IPEIRIHIAIMIEIMT IBlUJ8 8'1rOIP 8IMll!IL TIER IEAllEIHJIEIMT IEXIHIDIBDT 'IA' LOT 3 10' D ci: UT ESMT. RECP. No. 2014078866 N90YJO'OO"E 128.46' 5' D & UT ESMT. RECP. No. 2014078866 -------1 P.0.8. N89"47'2211£ 7.12' I I 1~ ~ {Cl I~~ Is~ di! ~ ~ 0 I < 2: ~ e5 I~~ c - ~ I ~~11 C\j 0 ~~ 1' BAR SCALE 0 10 20 40 SB9"47'22nW Scale 1" = 20' THIS DRAWING DOES NOT REPRESENT A MONUM£NTW LAND SURVEY. IT 15 INT£NDED ONLY TO DEPICT 1HE A ITACHED LEGAL DESCRIPTION. 7.12' I b Q) ~ ~ ~ C\I r-0 0 (/) ... 0 0 .,., co ~ NE COR. SEC. 28 FND 3-1/4• ALUM CAP LS 13212 IN MON. BOX W. R/W LN. KIPLING ST. RECP. No. 2014078866 BUS STOP EASEMENT 171 S.F.± O.OOJ9 AC.± E1/4 COR., SEC. 28 FND 3-1/4" ALUM CAP LS 13212 IN MON. BOX LENDER CONSENT The undersigned, the beneficiary under that certain Deed of Trust, Security Agreement, Financing Statement and Assignment of Rents and Revenues dated December 9, 2016, and recorded December 9, 2016 at Reception No. 2016130732 in the office of the Clerk and Recorder for the County of Jefferson, Colorado, as the same may be amended or supplemented from time to time (the "Deed of Trust''), which Deed of Trust encumbers the premises subject to this Permanent Easement (the "Easement"), hereby consents to and approves (but does not subordinate its lien or any rights to) the Easement. The Easement shall not be extinguished, limited or affected to any extent by any foreclosure of the Deed of Trust. Guaranty Bank and Trust Company, a Colorado ? ~ration L\ ~ ~ arren M. Robinson, Senior We President STATE OF COLORADO ) ) SS. CITY AND COUNTY OF DENVER ) The foregoing instrument was acknowledged before me this ~day of . · / , 2017, by Darren M. Robinson as Senior Vice President of Guaranty Bank and Trust Company, a Colorado banking corporation. / ~ ,// ' j..I'~ /l. ~ Notary Public (Seal and Expiration) ---