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HomeMy WebLinkAbout0101 ~ -' " -"- '0 (lJ Q) ....... l.l... >, W '- r-- ,., cr> ..- c- (.:;-..:1 CO :1 w , L.J... ".....} <1J .... (j) 76'7986 7 G (: '.' ,\ ~j' " , . (I 'l-r R d d t 'lk! - t.. I.. ' ".. ecor ea................... 0 c oc ....................... . !of. : . . . Reception No............. . . . . . . . . . . . ~~~~ . ~.~~ . . . . . . . . . . Rec~~'~" : V,'1ffi I F"'CE COMMISSIONERS DEED ~ THIS INDENTURE made this ~ day of j (" '/ ,one thousand nine hundred ~'L between the County-of Jeffev~on, State of Colorado, actlng~y and throuqh its duly constituted and appointed Board of County Commissioners and Commissioner Joanne Paterson to convey and to execute deed, first party, and City of Wheat Ridge, a municipal corporation, party of the second part, WITNESSF':'H: THAT WHEREAS, the Board of County Commissioners of the County of Jefferson, State of Colorado, did at a regular meetinq of said Board held at the Courthouse in said County on the /.) i< day of .f.. . .. , A. D., 19 7c ' duly adopt and pass a resolution ~authorizing' the cor)/vey- ance of the hereinafter described real property to second party, and did by said resolution appoint and constitute the undersigned as com- IDissioner to convey and execute deed for said real estate to second party for and on behalf of the said County of Jefferson, State of Colorado, and did further authorize the undersigned to execute this deed and to affix the seal of the County hereto, NOW, THEREFORE, FOR AND IN CONSIDERATION of the sum of One Dollar and other good and valuable considerations, in hand paid by second party to said County of Jefferson, State of Colorado, receipt of which is hereby confessed and acknowledged, the undersigned, acting as Commis- sioner aforesaid, does by these presents remise, release, sell, con- vey and quit claim unto second party, its successors and assigns for- ever, all the right, title, interest, claim and demand which the said County of Jefferson, State of Colorado, has in and to the fol- lovJing d8scribed real prop8rty situate, lyinn: ana 'Jein<:, in the County of Jefferson, State of Colorado, so long as said property is used ex- clusively for open space and park purposes for the enjoyment and bene- fit of the residents of Jefferson County. Lot Sixteen (16) and Nineteen (19) Resubdivision Of A Portion of FRUITDALE VALLEY SUBDIVISION TO HAVE AND TO HOLD the sa~e, together with all and singular appurten- ances and privileges thereunto belonging or in anywise thereunto appertaininq, and all the estate, right, title, interest and claim whatsoever, of the said County of Jefferson, State of Colorado, either in law or equity, to the only proper use, benefit and behoof of the said party of the second party, its successors and assigns so long as said property is used exclusively for open space and park purposes for the enjoyment and benefit of the residents of Jefferson County within the intent and purpose set forth in the Jefferson County Board of County Commissioner's Resolution adopted September 26, 1972 and approved by the electorate of Jefferson County on November 7, 1972. COTlNTY OF LTRH'FERSON, S"'A'f'H' OF' ('OLORA DO ATTEST' -7 / // ('\ L." /, JIJ.. By '~..., I'- . U-uv,\ Co~issioner to Convey and to Execute Deed for and on behalf of the County of Jefferson, State of Colorado ft~ ~ / .- 7 2 / ,/"-""-- /.~ J Secretary 2823 392 28Z3 393 STATE OF COLORADO ss. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this .. \ \ Iv \..../1 L I:' :" day of . _J ( !. it. _" , . / , , A.D.,19~, by Joanne Paterson, Commissioner to Convey and to Execute Deed for, and on behalf of the County of Jefferson, State of Colorado. Witness my hand and seal. ~ / I , / ~ !-"" ,./ -/ ~.-.. 96i;;y' C1er~~~~d/;~c~~~r, Jefferson County, Colorado. r . 2823 393 -2- L.. Ie I + N ~...----_.-_.- ._- It'l W. 46TH N 85.9 119.0 119.0 104,0 25 .., .., .., ~d !2N 12 0 ~ It'l 21 ~ It'l T 99.14 104,0 I . I 68,7 I , I b 14 ~ q- ~ ~ o~ .., I ,0 11 ~ O>N r !2- 0 H d 22 ~ 1 N t3 , 104,0 520 77.13 0 ; o~ 10 J. It'l aid ..J .., 18 ~~ lD 141.18 25 l. 112.62 104.0 It'l N "(AT - ---- UT't CC,U\CLL 11~:\RI~C; Q\Tf- CERTIFICX~'IO,"; OF RESO:oUTIO', CITY or hllEAT RIDGE' PL\\NlliG co'.rlI3SION (To City CmmLil) I. Dennis W. Zwagerman, 5ecrct1ry to +hc Citf of IVhc::lt Ridge Planning CO'iimis"io'l, do hereby and here'..ith ccrefy that the following re5oiu~iJn was duly adopted by ~-=-~_ vote of the mc::,bers presC'nt ,1t their _regul~ public nceting, held' in the Conference koom of the Al bert E. 'mderson CQIT'c":1un i ty Buildi n~, ~\11ea t Ridge, Co 1 0 r:1do, on the 21st day of October , 1976 ,and the roll having b"en called, the vote of the Commission was as follows. - Preston Aye Lewman Aye Scoma Aye Stewart Aye Case Number' Deeds Applicant 's: ';l;ne: Location: Sod House, lots From Present Zoning of: To Proposed' Purpose: Area. Acres: 16 & 19 Fruitdale Valley; Lot 26, Woodbine Subdivision, 45th & Vance Square feet. WHEREAS, the City of \'il1eat Ridge Planning Division has submitted a list of factors to be considered with the-bove noted rezor,ing application, and said list of :a:tors 15 attached hereto and incorporateJ herein Ly reference and ma.:lc a part hereof; anJ Mrs. Scoma moved to accept the open space deeds for Lots 16 and 19 Fruitdale Valley Subdivision, for property adjacent to the Sod House; for Lot 26, Woodbine Subdivision, for property at 45th and Everett and the deeds for 45th and Vance. Mr. Lewman seconded the motion. The motion carried unanimously, DATED this 1st d3Y of November , 1976 . 'l~k-- \ ~L---L'.L~'--11"____-==-__ Dennis W. :wagerm~n , S.:,: reta r.- to the Cl.ty of 'Wheat ;~ldge Plil~:1FI" Commi~5ion For lots next to Sod House Historic Park authorized purchase for open space by Council by Resolution No. 425 POlicy of Title Insurance funds on 11/10/75 Issued by 'ransamerlca Title Insu..ance Oompany SUBJECT TO THE SCHEDULE OF' EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON- TAINED IN SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS HEREOF, TRANSAMERICA TITLE INSURANCE COMPANY, a California corporation, herein ealled the Company, insures, as of Date of Policy shown in ~chedule A, against loss or damage, not exceeding the amount of insuranee stated in Schedule A, and eosts, attorneys' rees and expenses whieh the Company may become obligated to pay hereunder, sustained or ineurred by the insured by reason of: Title to the estate or intf'rt'st described in Schedule A being vested otherwise than as stated therein, 2. Any defect in or lien or encumbrance on such title: 3. Lack of a right of access to and from the land; or 4. Vnmarketahility of such title. In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Sehedule A. TransamerlCa Title Insurance Company By ~,y;:''7 p~- President By Se("retary SCHEDULE OF EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy: 1 Any law, ordinance or governmental regulation (including but not limited to building and zoning ordinances) re- stricting or regulating or prohibiting the occupancy, use or enjoyment of the land, or regulating the character, dimensions or location of any improvement now or hereafter erected on the land, or prohibiting a separation in ownership or a reduction in the dimensions or area of the land, or the effect of any violation of any such law, ordi- nance or governmental regulation. 2. Rights of eminent domain or governmental rights of police power unless notice of the exercise of such rights appears in the public records at Date of Policy 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed or agreed to by the insured claimant, (b) not known to the Company and not shown by the public records but known to the insured claimant either at Date of Policy or at the date such claimant acquired an estate or interest insured by this policy and not disclosed in writing by the insured claimant to the Company prior to the date such insured claimant became an insured hereunder; (c) resulting in no loss or damage to the insured claimant, (d) attaching or created subse- quent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claim- ant had paid value for the estate or interest insured by this policy CONDITIONS AND STIPULATIONS DEFINITION OF TERMS The following terms when used in this policy mean, (a) "insured" the insured named in Schedule A, and, subject to any rights or defenses the Company may have against the named insured, those who succeed to the interest of such insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant" an insured claiming loss or dam- age hereunder (e) "knowledge" actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of any puhlic records. Id) "land" the' land described. specificallY or bv reference in Schedule A, and improVl'menLs affixed thereto which by law constitute real property; provided, however, the term "land" does not include any property beyond the lines of the area specificallv described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, \vays or waterways, hut nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy (e) "mortgage" mortgage, deed of trust, trust deed, or other security instrument. I fI "puhlic r"cords" those records which by law impart constr~l('tive notice of matters relating to said land. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage ot this policy shall continue in force as of Datf' of Policy in favor of an insured so long as such insured rdams an E:.'slate ur interest in the land, or holds an indebted- ness secured by a purchase money mortgage given by a pur- chaser from such insured, or so long as such insured shall have liabilit:'l- bv reason of covenants of warranty made by such insun>d in anv transfer or conveyance of such estate or interest; provided, ho\\'ever this policy shall not continue in force in favor of any purchaser from such insured of either said estatE" or interest or the indehtedness secured by a pur- chase money mortgage given to such insured. 3 DEFENSE AND PROSECUTION OF ACTIONS - NOTICE OF CLAIM TO BE GIVEN BY AN INSURED CLAIMANT (a) The Company, at its own cost and without undue delay, shall provide for the defense of an insured in all litiga- tion consisting of actions or proceedings commenced against sllch insured, or a defense interposed against an insured in an action to enforce a contract for a sale of the estate or interest in said land, to the extent that such litigation is founded upon an alleged defect, lien, encumbrance, or other matter insured against by this policy (b) The insured shall notify the Company promptly in writing (i) in case any action or proceeding is begun or de- fense is interposed as set forth in (a) above, (ii) in case knowl- edge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company mav be liable by virtue of this policy, or (iii) if title to the estate or interest. as insured, is rejected as un- marketable, If such prompt notice shall not be given to the Company, then as to such insured all liabilitv of the Company shall ceaSe and terminate in regard to the matter or matters for which such prompt notice is required, provided, however, that failure to notify shall in no case prejudice the rights of any such insured under this policy unless the Company shall be prejudiced bv such failure and then only to the extent of such prejudice. (c) The Company shall have the right at its own cost to institute and without undue delay prosecute any action or procf'f>ding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as insured, and the Company may take any appro- priate action under the terms of this policy, whether or not it shall be liable thereunder, and shall not thereby concede liabilitv or waive any provision of this policv (d) Whenever the Company shall have brought any action or interposed a defense as required or permitted by the pro- visions of this policy the Company may pursue any such litigation to final determination by a court of competent juris- diction and C'xpressly rf>SPfVPS the right, in its suIt-> discretion, to appeal from anv adverse judgment or order (e) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured hereunder shall secure to the Company the right to so prosecute or provide defense in such action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such insured for such purpose. Whenever requested by the Company, such insured shall give the Company all reasonable aid in any such action or proceeding, in effecting settlement. se.curing ev{dence, obtaining witnesses, or prosecuting or defending such action or proceeding, and the Company shall reimburse such insured for any expense so incurred. 4. NOTICE OF LOSS - LIMITATION OF ACTION In addition to the notices required under paragraph 3(b) of these Conditions and Stipulations, a statement in writing of any loss or damage for which it is claimed the Company is liable under this policy shall be furnished to the Company within 90 days after such loss or damage shall have been de- termined and no right of action shall accrue to an insured claimant until 30 days after such statement shall have been furnished. Failure to furnish such statement of loss or damage shall terminate any liability of the Company under this policy as to such loss or damage, Continued on Front of Back Cover Continued from Back of Front Cover S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS The Company shall have the option to payor otherwise settle for or in the name of an insured claimant any claim in- sured against or to terminate all liability and obligations of the Company hereunder by paying or tendering payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred up to the time of such payment or tender of payment, by the insured claim- ant and authorized hv the Company 6, DETERMINATION AND PAYMENT OF LOSS (a) TI1t' liabilitv of the Company under this policy shall in nO case exceed the least of- (i) the actual loss of the insured claimant; or (ii) the amount of insurance in Schedule A (h) Thf' Company will pav in addition to any loss insured against by this policy, all costs imposed upon an insured in liti- gation carried un by tht: Company for such insured, and all costs, attorneys' fees and exp-enses in litigation carried on by such insured with the written authorization of the Company Ic) When liability has been definitely fixed in accordance with the conditions of this policy, the loss or damage shall be payable within JO days thereafter 7 LIMITATION OF LIABILITY No claim shall arise or he maintained under this policy (a) if the Company after having received notice of an alleged defect, lien or encumbrance insured against hereunder, by litigation or otherwise, removes such defect, lien or encum- brance or establishes the title, as insured, within a reasonable time after receipt of such notice; (b) in the event of litigation until there has been a final determination by a court of com. petent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as insured, as provided in paragraph 3 hereof; or (cl for liability voluntarily assumed by an insured in settling any claim or suit without prior written consent of the Company 8. REDUCTION OF liABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto, No payment shall be made without producing this policy for endorsement of such payment unless the policy be lost or destroyed, in which case proof of such 10'3s or destruction shall be furnished to the satisfaction of the Company 9 LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Com- pany mav pay under policy insuring either (a) a mortgage shown or referred to in Schedule B hereof which is a lien on the estate or interest covered by this policy, or (b) a mortgage hereafter executed by an insured which is a charge or Iif'n on the estate or lnterest described or referred to in Schedule A and the amount so paid shall be deemed a payment under thi~ policy The Company shall have the option to apply to the pay- ment of any such mortgages any amount that otherwise would be payable hereunder to the insured owner of the estate or interest covered by this policy and the amount so paid shall be deemed a payment under this policy to said insured owner 10, APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is estab~ Ii shed affecting one or more of said parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policv, unless a liability or yalue has otherwise been agreed upon as to each such parcel by the Company and the insured at the time of the issuance of this policy and shown bv an express statement herein or by an endorsement attached hereto 11 SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and reme- dies which such insured claimant \vould have had against any person or property in respect to such claim had this policy not been issued, and if requested by the Company, such insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right of subrogation and shall permit the Company to use the name of such insured claimant in any transaction or litigation involving such rights or remedies. If the payment does not cover the loss of such insured claimant, the Company shall be subrogated to such rights and remedies in the pro- portion which said payment hears to the amount of said loss. If loss should result from any act of such insured claimant, such act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against hereunder which shall exceed the amount, if any, lost to the Company by reason of the impairment of the right of subrogation, 12. LIABILITY LIMITED TO THIS POLICY This instrument together with all endorsements and other instruments, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or any action asserting such claim, shall be restricted to the provisions and conditions and stipulations of this policy No amendment of or endorsement to this policy can be made except by writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 13. 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 Transamerica Title Insurance Company, POBox 605, Denver, Colorado 80201 -., ~-- ,,--- .- = == = = = = ~ = = .5 = - ... - ca = E: = 5 ca = = ca .: 0 " M " 0 . 0" l' ~ o_ s: ~.. -< 0 ~ ~N NO . 00 N N -'" .~ :;; M .'" ;:; >N ",t~ 0 e " . N og -0 00 0 .- _M .0 0 . ~~~ ",,, ~ mg:E>n .00 " ~ "" -"'~ ~ 0" ~-g~ ~g~:g ~~~~ Q;g~ E ....0-0 ,O~~ -0- ~~.g~ .g ~~~ ~ 00-0 ~"M :0"- '''~ ~~~ -0_ .~R~~ cO" &:....-0-0 ~2~ ~2~ "lNO" ~ON '-"l-C" ~~8~ ~ ~.Q..~"7 -"N a 00, <CE~..t {; e 2~ ~~~~~ oVi2"7 ~2M ~~~~ &:.!:N-c"7 0.-"'0 , "'C"lo' _c.. :::~~ E =B~:~~ - o of") ~;- .;R: "ii ~ o~ ' II 00- , o of") - ;l 0"'" f. ~ ",'~ > O~ ..a ~ 0"'" ]3~; --~ :1'-0"'" ClIJlIJo"'" =~8: ';:-<(u"'" .. 0 'N . -~ . m'" 3: COM '-.- 0 : ~U;; ... ~o88 -.I:. g>...... 0 ~ o~...... iL~o8t:) ,~o I.=:c_ ,!u_ ~8~8 w %"~8 CII'O"l;l'C') ~t~~ "-.;:M Q.,t:ut:) =V)";:M <Xl ;:8 C -; co " "0 ..,,, 00 _uO w .0 o '0 :) c: 0.0 ~~]~ ~~~~ ~~~ ~.Q..:::-~ V)V)~ ~OM MeM O~ eM Z2M O-V)n -.M -.- W")~~ 0- ,,~- Cll: o.....~ ~-- C",e ~ . "'0 ou 0 ~ NO u. . > -" ~ ~ .!: 0 . <t8:3 _0 0 "'10 ~ -< ~ , " 0 '" 0 ". .!l ~ ~~ 0 '" <; - 0 . "E N ;; ~~ " 00 u ~ ~" '" ~ = == = = = ca ~ = = C - = - ... - ca = E: = 5 I c ca .: ~ l: .!! E .. D- O ~ l: .!! C :;; D- O o 'E o ::;: o U l: :;; ..r: :; o V1 ~ l: .!! C :;; D- O o "" ~ o :;;: , l: o C, l: :c ~ o == ... o ... a- 00 :.~ ~ ~;;~ . 0", e U a- ~ g;; ..,..~ ..... N~:! ~ e o '" . . ~~ >-~ .-:::0-0 " ~ "~2~ ~~.~~ """,_.J::-o .... 0 0 ~ ~~~;g ~~'~ -<'" o L . ><'" Vi ~ ... o 00 O>~O ~.~ 0 . eO .- .... f") UO, 0:'.:: Ii") ..... c Ii") . "U~ e .- o . M .- ~GiN 0>- L e >--< ~ l: .!! C :;; D- o 0 '" " .0 .~ ~ a 01::0 -00; r;;;.2I. OL~ _u", ~~: O-o'M :~;:; 0- - N~ o '" .. l: .!! E .. D- o 0 l: o .~ ..r: u ~ ]: w = cO U ""cO u: t" 0:::: 0 o ~:=M 02 w &8 ~ . 0 :e~o~ := o ~'5; 8 ::I: 0 c..... o e ~~ e o '" .. l: .!! E .. D- o 0 l: o '" .. o .. l: .!! E .. D- o 0 o l: o .!:! < .'" ,0 eN _ ."", ~~g: LO. - O>N .= III N ZON 3:..;;::; - eO ~O'" 0--;:- 0" ... 0 ~ _M 00 ~~..... "'~- eg9 OON ~.~ ~ -;<~ . 'N :>.~ 0 >e<o ....- -~ -~ .. l: .!! C :;; D- o 0 N .0 ~~~ "'~O .~ ~ ~ eO'" 22~ o ~8- "'1J U.:8 e "ClM o ~~- "'0 - II U 0 ~g ~R= ~r::~ "'ON o . N c~-o ::: ........ o ~ 2~ >< o;!:::. .. NO .... ~:I: .. l: .!! C :;; D- O .- ~O_ ~~~ " - " 0 ' .~ -0 ~ ~ t" . o -; z c:; "'tJ 0 '0 D V) 0" > ,,1:;_ .. M. Z ...<< E .. -= ~ o Z ,g FORM NO C-SOOO.l FOR USE WITH COLORA.DO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10-17~701 SCHEDULE A Amount of Insurance:$ 19,500.00 Policy No. 6017476 Date of Policy January 28, 1976 8: 00 A. M. Order No, L Name of Insured: COUNTY OF JEFFERSON, a Body Corporate and Politic 2. The estate or interest in the land describe,l herein and which is covered by this policy is: IN FEE SIMPLE 3, The estate or interest referred to herein is at Dale of Policy vested in: COUNTY OF JEFFERSON, a Body Corporate and Politic Sheet 1 of 3 FORM NO C-6000-2 FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLlCY 1970 (AMENDED 10-17~70) FOR USE WITH COLORADO REGION AMERICAN LAND TlTLE. A.SSOCIATION OWNER'S POLICY-FORM B-1970 (AMENDED 10~17-70) Poliey No. Order No. 6017476 S C H E D U LEA-Continued The land referred to in this policy is situated in the State of Colorado, Counly of Jefferson ' and is descrilwd as follow" Lots 16 and 19, RESUBDIVISION OF FRUITDALE VALLEY SUBDIVISION, FORM NO. C.5000-3 "OR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIA.TION OWNER'S POLICY-FORM B- 1970 (A.MENDED 10-'7-70) Policy No. Order No. 6017476 SCHEDULE B This Policy does not insnre against loss or damage by reason of the following:: 1. Rights or claims of parties in possession not shown by the public records. 2. Easements, or claims of easements, not shown by the public records. 3. Discrepancies, conflicts in boundary lines, shorta?;e in area, encroachments, and any facts which a cor- rect survey and inspection of the premises would disclose and which are not shown by the public records. 4. Any lien, or right to a lien, for servic"s, labor, or material heretofore or hereafter fumished, imposed by law and not shown by the public records. 5. Taxes due and payable; and any tax, special assessments, charge or lien imposed for water or sewer service, or for any other special taxmg district. Taxes and assessments due and payable subsequent to January 28, 1976, 6. Easements 5 ~eet in width for utilities across subject lots as shown on the recorded Plat of Fruitda1e Valley SubdiVision and as reserved in instrument recorded December 2, 1959 in Book 1238 at Page 233. 7. Easement 10 feet in width over the Northwest corner of Lot 16, as shown on the recorded plat of said subdivision. 8. Restrictionsp which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national ori~in, as contained in instrUQent recorded December 2, 1959 in Book 1238 at Page 233, as set forth on form attached hereto. , . . , , . I rn.nT1'Hl': 1."" '/' ..-.....:- r--"." T';' ,'yy, BASE,[) ON lLlCJ:;, l\..':'.;.:, lu.....l~.".1 (;J llATIONAL OllIaIn., PROTECTIVE COVENANTS Recorded December 2, 1959 FOR Book 1238 Page 233 FRUITDALE VALLEY SUBDIVISION The undersigned, being the subdividers of the real property being platted as FRUITDALE VALLEY SUBDIVISION, Jefferson County, Colorado, for themselves, their heirs, grantees, successors and assigns, cove- nant as follows: A. That these covenants are to run with the land and are to be bind- in upon all persons and parties claiming through the undersigned until January 1, 1979, at which time they shall automatically terminate un- less extended by a vote of the then owners of a majority of the lots in this subdivision. 2. No lots shall be used except for residential purposes No dwelling shall be erected, altered, placed or permitted to remain on any lot with a ground floor area of less than 800 square feet per living unit, exclusive of one story open porches and garages. ... C. All exteriors of all structures shall be at least forty percent (40%) brick, nubric-stone, brick as Lyons red stone construction or any other materials, when approved by subdividers. D. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. E. No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other othbuildings shall be used on any lot at any time as a residence, either temporarily or permanently. F. No sign of, any kind shall be displayed to the public view on any lot except one sign of not more than five (5) square feet advertising the property for sale, or signs used by a builder to advertise the property during construction or sales period. G. No animals, livestock or poultry of any kind shall be raised, bred or kept on a~y lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purposes, and in all events, the number of such pets shall be limited to three for each species. H. No person, building company, corporation or firm shall have the right to act as contractor or builder on any lot in this subdivision without tho subdividers written approval. I. No "move in" building shall be permitted without written consent of tho Bubdividers. J. An casement .five feet (5') wide is reservod to the subdividors, thoir n~cntB or aBtil~ns, along all rear nnd Hldo lot llnuA where .hown by tho dottt.'lJ 11n09 nnd mllrlwd on tho Plat thorotofol'O rc- ..... .... .... ~t l'~.~. ,..,., 41. , ..;~ ,~. t ..... , , .... . f __.~ ~ >, I ...._.... f ...... _'~"'''.'''' . , . I K. In tho event of the death of both subdividers, a committee of three (3) residents of the subdivision will be elected by a majority vote of the owners of the lots in the subdivision, comprising one vote for each lot. This committee shall then assume the power and control delegated herein to the subdividers. L. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages. M. Invalidation of anyone of these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. , L ,..- -- <t , .. - .' ." . fi- i' ~ -:::i ~ "" c:'> I ~ -:> "'" > "" ~~J -"" ,; {\, (~~ > '-', "'" '^ (' . \.. -. Hceordc<\ nL.. J<:.~D,"",\,""'clock............M" ............,..................,., "I[ I'I"V 5--5-&,&+...... ...,........................l. i.J,..,) ~ ..;, ----=~=+w,( \'ull'''J Ut' uCrt~I~':l P.ecorcJecl III RECORDER'S STAMP Reception No.. P.\'l. J:.. ?~eeorder. Till" J) EEIl Mude this 16th day of December "'P....-,--" 10 75, between ROllB STREET INVES'I11ENTS, A Partnership of the 280.1 993 and S ta te of Colo- = ....... 30 <=> County of J ef f er son mdo, of the first part, and COUNTY OF JEFFERSON, A Body Corporate and Politic /if !'frMrNiN organized and Colorado ,~ "" '"" existing under and by virtue of tho laws of the State of of the second part: WITNESSETH, That the said part ies of the first part, for and in consideration of the sum of * ,~ NINETEEN THOUSAND FIVE HUNDRED and 00 /lOa ,', * DOLLAHS to the said parties of the first part in hand paid by the said party of the second part, the receipt wlw1'<,,,r is hereby confessed and acknowledged, have granted, bar['uined, sold and conveyed, and by these presents do grant, bnr~aint sell, convey and confinn, unto the said party of tho second part, its successors and assi~n3 fOrt'vcr, all of the following desedhed lot s or parcel of land, situate, lying and being in the City of Whea tR idg e", County of J ef f er son and State of Colorado, to wit: Lot Sixteen (16) and Nineteen (19) Resubdivision Of ..... F'- ~ r''; () t:Lt o H .' U) ~... ~~I~.'.: 141~, :> .........: . o ~,., ~~' ~~~~ ~.'I'J , ~~ TOGETHER with all and singular the hereditam~nts and appurtenances thereunto belonging or in anY',ise I appertaining', and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim and demand whatsoever of the said part IES of the first part, eitber in law I', or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HA. VJ.: Ar"ril Tv HOLD the saiu premises abuve bargained and de~criDed. with the appurtenances, untu t.he il said party of the second part, its suceessorn and assigns forever. And the said parties of the first part. for II them sewes theiheirs, executors, and administrators, do covenant, grant, bargain and agree to and with the said party of the second part, its successors and assigns, that at the time of the ensealing and delivery of I these presents, a re well seized of the premises above conveyed, as of good, sure, perfect, absolute and I indefeasible estate of inheritance, in law, in fee simple, and ha ve good right, full power and lawful authority to I grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and cleal' from all former and other lP'ants, bargains, sales, liens, taxes, assessments and encumbrances of whatever kind or nature weve~ reservations, restrictions and rights of way of record. A Portion of FRUITDALE VALLEY SUBDIVISION The day within ,-,!C"y; :i ~ 8~c()!;ted this /yP( ofJ2eU'dJ.tt"~ 19 7..f:.. n"'" ''- r ('~-;- ~. .u ,\._ . \ "[1 ~'(~ I0'ILTIS OF . ~ - "'"1 (' ". l~" .h,.,' /.:"~"/" ov,.l i, vi;",.....; ~A~~~~;~y~.~~f/ Chair-mil and the above bargained premises in the quiet and peac eful possession of the said party of the second part, its ' succe~sors and assigns, ag-ainst all and every person or persons lu\vfully claiming or to claim the whole or any part thereof. the said parties of the first part shall and will WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, The said parties of the first part have hereunto set their hands and seal on the day nnd year first above written. ~ ~I.~'~~:..~~~I~~..~::~..:~.I:~~".~~..:~..~~.~..~r~~~~~~.~~..................) e1!f~~::::::: I j ,,,...tames D~ F'~Y"guSOTl ,......................... ....... ,...,..." ...... '............... ,.................. ......... ........ ......,.................... ............,......... .......................... __... [S E A I,] STATE OF COLORADO, } ss, County of Jefferson The foreg-oing illstl'lllllPnt was nckllowlt'd/.{f'd heful'(, me this 1975 ,by RolJb Street Investments, A Partnership ,D. Fe~~uson, General Partners ,,~',:l:ol~lmh;lji~n expires Februilry 10, 1979. / 16th dnyof December by Frank P. Callahan and James wnNE~S" Ill;" )llInd nnd offici,,1 seal. ) \'\ (',\ \ ...................,................................................. / 1.!1/>.\/.)U!_...7r).,.....".(!.(p.~.(!.~:1'::-c:-, " ~J. l Notary Publ!..:. ~ : ..:' ~ ..',..... c.' ~'7~~~~~ll-;~:~~;(-A~~.; ~~u T(-;- C~)I{;(~;~:Tl~N.-~;:; I,hutn:ra(lh~;;;:~~:- . " l/dl ,I' BrndCnll! I'uhlb,ddnl: Co, 11)24-t6 St.ouL HLn'€lt. Denvcl', Colurado :~ 74 2fl01 ~t~J