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HomeMy WebLinkAbout0127 7 9 0 I!. 3 4 6 4 !.; J i.. I II 1,1 ~~ ~. Recorded at...................... .o'clockl~"'-:':;_"'r:' .,..o<-....r~'? .M....... - . llttm~' r-> Reception No............. ';~';';:~~:ONE;S' .~;;~.. .~......... . Reco,d., THIS INDENTURE made this JAJ day of fiJr,t ' one thousand nine hundred and ]jL between the County of efferson, State of Colorado, acting by and through its duly constituteQ and appointed Commissioner Robert F. Clement to convey and to execute deed, first party, and City of Wheat Ridge, a municipal corporation, party of the second part, / -1- ~ WITNESSETH: ~ THAT whereas, the Board of County Commissioners of the County of ~JefferSon, State of Colorado, did at a regular meeting of said Board held at the Courthouse in said County on the i.1zJ!. day of 111&"1 , A.D. 19~, duly adopt and pass a resolution authorizing the c6nvey- ~ance of the hereinafter described real property to second party, ~and did by said resolution appoint and constitute the undersigned as Commissioner 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 Commissioner aforesaid, does by these presents remise, release, sell, convey, and quit claim unto second party its successors and assigns forever, all the right, title, interest, claim and demand which the said County of Jefferson, State of Colorado, has in and to the following described real property situate, lying and being in the County of Jefferson, State of Colorado. Legal Description is attached hereto and incorporated herein by reference as Exhibit "A". TO HAVE AND TO HOLD the same, together with all and singular appurten- ances and privileges thereunto belonging or in anywise thereunto appertaining, 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 part, its successors and assigns so long as said property is used exclusively for public open space, park and recreational purposes. COUNTY OF JEFFERSON, STATE OF COLORADO I By, ~-J(f(!;-, ~ eommission to Convey and T Execute Deed for and on behalf of the County of Jefferson, State of Colorado ATT'E8T: , Deputy Clerk and Recorder STATE OF COLORADO ss. COUNTY OF JEFFERSON The fo~egoing instrument was acknowledged before me this day of . , A. D. 19' , by Robert F. Clement, Commissioner to Convey and Execute DeeClfor and on behalf of the County o( Jefferson, State of Colorado. WXF.ri~~s my hand and of f ic ial seal. ,\..... ' , (:My Commission Expires: .. ( Notary Public .. EX!l.LL[']' "I'." 'I" C\.ltml: :.,liJllEES' DEL:O BET\'lEEN TIlE COUNTY OF JJ'I'FL:':::;ON, /\ POJjY POLITIC !\ND COHPOW\'l'E AND 'l'llr:; CITY OF l'i1lEl,'J' !(l.D\.;E, I\. ~llIcnCIP!\L COJU'OR!\'J'ION DATED 'rllE 3rd _ D1\Y OF rnay I 1979. 7 9 0 4 3 II 6 4 ,L.. ," . ^ TI~CT OF LAtm ',.JITI1Itl l1~tll STRUT VILU\GE, OITICIM. DEV[LOPIIEflT 1'1./\11 MID PU\T AS RECOIWCO Oil !\tlGUST 9. 19n Iii EO(J:~ 2 M P/\GE 17 OF JErHflSON COUiHY r~[CORDS NlD I-limE 'SP[CIrIC!\I.LY DESCRIC[[J AS FOLLO\/S: : · '. COl.l1'l[i~CI1IG AT THE lJ[ corWER or SECTION 21. T 3 S. R G9 \~ OF THE 6th P.I,l.; 'iHENCE S 890 15: 10" H ^Lor~G TIll: :WRTIl LItlE or SAID $ECTIOII 21 A DJSTM~CE OF i329.'i8 FEET TO TiiE iW;rflii:l:Si LOlUiEi( II '1/2 l l/i. iil:. 1/4 OF SAID SECTIOn 21 ; TIlGlCE S 000 ZG I 42" E ALOiiG TIlE 1;[5T l.lt:E OF SAID \.1 1/2 E 1/2 liE 1/4 OF .SECTIO:I 21 A:m THE CE1HU(UlIE OF ~IILLER STREET rUGltT-OF-~lf\Y, A DlSTMlCc OF 331.07 FEET; TllEi~C[ II 890 16' 17" E ^ DISTtlrif:[ OF 30.00 FEET TO THE I':OST NORTHERl.Y NORTH\/EST CO!U~ER OF SAID Ill1th STf<EET VILLAGE SUBDIVISIOil; T/lEI\CE S 000 26' fj2" E !,)ID ALO,~Ci TilL U\STmL Y RIGHT -OF-\/I\Y LINE OF r.\IlLER ST[<EET ^ OJ STAnCE OF 402.93 FELT TO TIlE liOiCf!I:.JEST COR;'iE:R OF GLOC1( 3 OF GRETNALL GARDEllS; T/lEt~CE N 890 13' 18" E J\lONG TilE NORTH Ui(E Of SAID [~LOCI( 3 OF [)RETlU\LL GARDENS A DISTANCE OF 136.07 FEET; THEHCE S 000 25' 42" E l\ilD f\LOilG lllE []l.ST LH1E OF SA1D BLOC1( 3 OF [3[{ETN/\LL GARDEUS ^ DISTM1CE OF 282.81 FEET TO TIlE -mUI~ POUlT OF [3ECIt1illnG; T/lEHCE COtlTImlIl:G S 000 25' 112" [ ALOilG ElIST LliiE or BLOCK 3 OF GRETU/'ILL GARDENS AIW Sf\ID EAST LInE EXTEIIDED SOUTHC[<U, !\ OIST/\iK[ OF 262.44 FEET; T/lE!lCE fl 39" 56' 18" E 1\110 P/\i0\LLEL TO TIl~: CEiHERLIij[ OF \./EST 44th IWE1WE A DIS- TAIlCE OF 1197.96 FEET TO l\ porilT Or! THE EI\ST UUE Of' SI\10 44th STREET VILLI\GE SUBDIVISIon AilD Tll[ EAST U:1E OF H 1/2 [1/2 ilE 1/4 OF 5/\10 SECTIOn 21; .~!!!::NCE N 000 2'1' 2111 \o! .^.!_O!~G THt: [/\~T LIn~_ OF 44th STPEET VILL/\GE SU3DIVIS~ON P,J~D TIlE EAST LINE OF \.} 1/2 E 'i/2 N[ 1/1 OF SAID SECTIOil 21. A DISTANCE OF 268.2'1 FlTf; . . THE1{CE S 890 16' 17" H fl. DISTI\!iCE OF 493.DG FEET TO THE TRUE POINT OF BEGINIlING. CITY OF WlEAT RIDGE, cou:ny OF JErFEr~SOil, STATE OF COLORADO. THE J\GOVE OEseRICED TRACT OF U\llD LO:lT!\IllS 1::2,139 SQUI\!U: FEeT ('3.033 ACRES), mRE OR LESS. '. .~. / . / / // . Jefferson County Colorado BOARD OF COUNTY COMMISSIONERS HAL ANDERSON District No.1 BOB CLEMENT District No.2 JAMES E. MARTIN District No 3 May 11, 1979 '- -~~ John Jerman City Administrator P. O. Box 638 Wheat Ridge, Colorado 80033 c RE: Wheat Ridge/Mugele Dear Mr. Jerman: eL:.l Enclosed you will find a Commissioners' Deed which ha~' been executed by the Chairman of the Board of County Commissioners conveying the above property to the City of Wheat Ridge with a reverter Ilmlting the use to public open space, park and recre- ational purposes. Please verify that the legal description is accurate and thereafter cause the deed to be recorded. With regard to the property which is being acquired, until such time as all tracts are acquired the use will be restricted to open space and park purposes by the terms of the contract with Mr. and Mrs. Mugele. Therefore, any gravel extraction will have to be deferred until after such time as all options are exercised. With regard to the change in zoning which the City has initiated for this property, please provide me with a copy of the ordinance when it has been passed. Very VWK:ec Attachment cc: Charles W. Owens, Esq. COURTHOUSE 1700 ARAPAHOE GOLDEN, COLORADO 80419 CI,TY OF WHEAT S,11J6E - M&M0R+AND,UM .',t,!,,' ~' ~. To Charles Stromberg From ~ :~ Approved Date May 16. 1979 Subject Date ~ ,'~ Please present the attached CotIIt........:. '.'Ioners' Deeds to the PlannIng Commission for their acceptance and certlt(~lon as to correctness. l~ ", f, f You wi 11 note that the County AtWney !n his letter dated May II. 1979. a copy of which Is attached her.to~ requests a copy of the ordinance providing for the change In zonl~g on the Hugele property from PRO to A-I as Initiated by City Council. I am forwarding the originals Q'~the Commissioners' Deeds to the City Clerk and the Plann!ng Commission. a~~Qn should be forwarded to her so that the Deeds may be presented for ,.C;.~ci I approval. ~' , J,c,J: i Y Att. 'V cc: CI ty Clerk ,', ~ Jefferson County Colorado John Jerman City Administrator P. o. Box 638 Wheat Ridge, Colorado 80033 BOARD OF COUNTY COMMISSIONERS HAL ANDERSON District No.1 BOB CLEMENT District No.2 JAMES E MARTIN District No 3 May 1, 1979 RE: Wheat Ridge/Mugele Dear Mr. Jerman: .._..~ Attached you will find a copy of the closing statement, Warranty Deed and tax receipts. Upon recording of the Warranty Deed I will transmit a copy of the recorded deed to you. VWK :ec Attachment '. -..J ~~: <.n ..r:: c::> III COURTHOUSE 1700 ARAPAHOE GOLDEN. COLORADO 80419 CLOSING STATEMENT PARCEL B April 30, 1979 SELLERS: Robert Mugele and Helen Mugele PURCHASER: Jefferson County Purchase Price Earnest Money Taxes ($1.52/day for 120 days) $79,8-5.00 5,000.00 182.40 Balance DUt Sellers (Parcel B) $74,692.60 Option Payment 32,000.00 Lease Payment (4/30/79 to 4/30/80) 20,762.50 TOTAL DUE $127,455.10 ~~7 SELLERS: lf~:7?l }41!-[=-(~: ( /" // ..... .:::7)! I' I~. '';)/y?_(.~. ',' <.: /,' ,"'-:".l.l' I....:...~ i..-.......... . r) -- ~ ~ . Recorded aL.... o'cinck_.. M.. ":...~- Recepti01l No. Recorder ------=---==-~ - -=:==--======-==--===--==---====.:-----~- --- --===-=-=--===-=-===:=...='~ cr~_: , I i II II I ! REG'ORDER'S STAMP This Deed Made this ,S'v' 1979 ,between Robert Hueele day of (A ~.",<..J Helen B. Hugele, of the and County of Arapaho e and State of Colo- rado, of the first part, ann The County 0 f J ef f erson, Colorado, a body politic and corporate, X~!l:orl!:'anized and existing under and by virt.ue of the laws of the State of Colorado of the .""ond part WITNESSETH, That the said part i e s of the first. part. for and in consideration of the sum of Seventy-nir:e Thousand Eight Hundced Seventy-five and No/100-DOLLARS to the said part .l e ~f the first part in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknewledg-ed, b'1l e "ranted, bargained, sold and conveyed, and by these presents do Rrnnt, baIgain, 5E'11, convey and confirm, unto the said party of the second. part, its successors and R!'sig-ns forever, all of the followin/< described lot or parcel of land, situate, lyin/:, and being in the County of Jeff erson and State of Colorado, to wit: See Exhibit A attached The within deed is accepted this C2Y of . 19 APPROVE BOARD C:" C0:L1 { CS:'.I -= l8l!Zr:S Of<' ~ ~./ JE1'\FER~UN CuUl'iTY, C~rLU~~.1I.DO. (\,"a~~ Ey , CLairm"ln TOGET~with singular the hereditaments and appurtenancea thereunto belonging or in anywise apperta~, and t reversion and reversions, remainder and .remainders. rents, issues and profits thereof; and all the estate, right, interest. claim and demand whatsoever of the said part i e s of the first part, either in law or equity, of, in anrl to the above bargained premises, with the hereditaments and appurtenanceg. TO HAVE AND TO HOLD the said premises above barl<Binerl and described. with the appurtenancea. unto the said party of the "ficond part, its successors and llSSignS forever. And the said part ie s of the first part. for themsel ves, t ~frs. executors, and administrators. do covenant, !{Tant, barr,ain and agree to and with the said party of the second part. its successors and assigns. that at the time of the ensealinl!:' and delivery of these presents, they are well seized of the premises above conveyed, as of good, sure, perfect, absolute and indefeasible es;"te of inheritance, in law, in fee simple, and have /:,ood right, full power and lawful authority to grant. bargain, sell and convey the same in manner and form as aforesaid. and that the same are free and clear from all former and other grants, bargains. sales, liens, taxes, assessments and encumbrances of whateV'cr kind or nature W~~ except general taxes and except rights-of-way and easements of record. = and the ahove barf!:ained premises in the quiet and peaceful possession of the said party of the second part, its successors and assigns, against a.1l and every persOOl or persona lawfully claiming or to claim the whole or any part thereof, the said part ieSof the first part shall and will WARRANT AND FOREVER DEFEND IN WITNESS WHEREOF, The said llartle~f the first part have hereunto set the ir hand S and sealS the day and year first above written. Signed. Sealed and Delivered in the Presence of \ I, I t.... /.. ) , .I ... ,", ( . I -- / ; .~ '~""".-'-""'"''':~-J..l.......L.''''' Robert H gele L ( ( (';I.'dd , '_[SEAL] / [SEAL] '- ., "- ..[SEAL] Helen B. Hllgele STATE OF COLORADO. }~ Ci ty and County of Denver The fore>:oing instrument was acknowled/:,ed before me this .'3 C 1979,bY Robert 1111r:;ele and Helen B. Mugele, da y of {A fJ-...J~ My conunisuion expires I !':<0 h I WITNESS my hand and offici,,] seal. r,\ ....m.....\:-c7~;:,~:Th-": 'd'C .d!"::::,, v N~t~';':;-p~bii;.:m'-. No. 952. W ARRA~Tr nERD TO conl~RATJO:!\' .-For Pbot(Ja:n.phl~ R~;~ford I'ubJi.tlhln2 ('.0..1824-.406 E:t.:Jut Rlr,..("l. Dl"Tlvt!r, Co](,nt.,I,,--~;BG ...."'___..."~~.",........_.____..._... __._____-~~,..........,-."."" ., ;....fl!,. ....._ ~..-............_~.!:!,'..~~~~"",~.~ L ~.. -< s -< o C :Xl (') ". Z (') ", ,... ,... rl'I o (') :I: I'M (') 7'- \ \ \ \ \ \ \ \ , \ \ \ \ U'l -< o C :Xl Ol m U'l -l :Xl m (') r!! 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Policy of Title Insurance Issued by Transamerica Title Insurance Company 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 called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which the Company may become obligated to pay hereunder, sustained or incurred by the insured by reason of: Title to the estate or interest described in Schedule A being vested otherwise than as stated therein; 2. Any defect in or lien or encum brance on such title; 3. Lack of a right of access to and from the land. or 4 Unmarketahility 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 Schedule A. Transamerica Title Insurance Company By ~~''7 p~-- President By Secretary FORM NO C,5000,l FOR USE WITH COLORADO REGION AMERICA.N LAND TITLE A-:';SQCIA-'ON OWNER'S POL.ICY-FORM B- 1970 (AMENDED 10-'7-70) SCHEDULE A Amount of Insurance S 79,875.00 Policy No, 5209702 Date of Policy May 17, 1979 1:40 P.M. . Sheet 1 of .3_ 1. Name of Insureu: CITY OF WHEAT RIDGE, a municipal corporation 2. The estate or interest in the land de,cribed hPrein and whieh is covered by this policy is: IN FEE SIMPLE 3. The estate or interest referred to herein is at Date of Policy vested in: CITY OF WHEAT RIDGE, a municipal corporation FORM NO C.6000,2 FOR USE: WITH COLORADO REGION AMERICAN LANO TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10.17.70l FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POUCY-FQRM EI-1970 (AMENDEO 10~17-70) S C II E D U L E A-Continned The land referred to In this policy IS situated in the Slate of Colorado, COllnty of , and i" describc.1 a" follows Jefferson A tract of land within 44th Street Village, Official Deve10Dment Plan and Plat as recorded on August 9, 1972 in Book 2 at Page 17 of Jefferson County Records, and more specifically described as follows: CO~~ENCING at the NE Corner of Section 21, Township 3 South, Range 69 West of the 6th P.M.; thence S 89015'10" l'Jest along the ~orth line of said Section 21 a distance of 1329.48 feet to the Northwest Corner Ill, EJ, NE.. of said Section 21; thence S 00026' 42" East along the vJest line of said 1;.1>, E., NE... of Section 21 and the centerline of Miller Street right-of-way, a distance of 331. 07 feet; thence'~89016'17" East a distance of 30.00 feet to the most Northerly Northwest corner of said 44th Street villaqe Subdivision; thence S 00026'42" East and along the Easterly right-of-way line of Miller Street a distance of 402.93 feet to the Northwest corner of Block 3 of Bretnall Gardens; thence N 89013'18" East along the North line of said Block 3 of Bretnall Gardens a distance of 136.07 feet; thence S 00025'42" East and along the East line of said Block 3 of Bretnall Gardens a distance of 282.81 feet to the TRUE POINT OF BEGINNING; thence continuing S 00025'42" East along East line of Block 3 of Bretnall Gardens and said East line extended Southerly, a distance of 262.44 feet; thence N 89056'18" East and parallel to the centerline of West 44th Avenue a distance of 497.96 feet to a point on the East line of said 44th Street Village Subdivision and the East line of W~ E~ NE~ of said Section 21 ; thence N 00024'21" West along the East line of 44th Street Village Subdi vis ion and the East line of I'll, E>;; NE... of said Section 21, a distance of 268.24 feet; thence S 89016'17" West a distance of 498.06 feet to the TRUE POINT OF BEGINNING, City of Wheat Ridge 10. 11. 12. FORM NO C,600Q,3 FOR USE WliH COLORA.DO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70) FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLlCY-FORM 6-1970 (AMENDED 10.17-70) SCHEDULE B This Pohcy Jocs not in,urc a?:ainst loss or Jama?:e by r~asun uf the following: 1. Rights or chtims of parties in po~sc~~ion not shown hy the public reconls. 2. Easement." or claims of casements, not shuwn by the puLlir records. 3. DiscrepZlncic~, ennfli('t~ in houndary !ini':--, .3hoTtage in ayea, encro:1chments, and any facts whi('h a cor. rect survey and inspcction of 11". premises woul,l disclose an,l which are not shown by the public reconls. 4. Any lien, or right to a lien, for sen ie~s, labor, or material heretoforc or hereafter furnished, imposed by law and not sllOwn by the public records. 5. Taxes due and payable: and any tax, special asscssments, charge or lien imposed for water or sewer service, or for any other special taxmg ,listric!. 6. Right of way for lateral ditches now constructed and used to carry water over and across subject property as contained in instrument recorded March 27, 1916 in Book 196 at Page'2l. 7. Non-exclusive easements for installation of utilities over and across subject property, as more fully described in Right of way Agreement to Valley Water District recorded January 2, 1973 in Book 2460 at Page 849 and in Indenture recorded February 15, 1973 in Book 2473 at Page 809. 8. Utility and Public Access easement 30 feet in width and Easement for Valley Water District as shown on the Official Development Plan and Plat. 9. Restrictions and conditions which do not contain a forfeiture or reverter clause, but omitting restrictions, if any, based on race, color, religion, or national origin, as set forth on the recorded Official Development Plan and Plat. Rights of way and easements as shown on the Official Development Plan and Plat but not specifically described. Easement and Right of Way to construct, maintain, repair, remove and operate one or more water pipelines as granted to the Valley Water District in instrument recorded January 2, 1973 in Book 2460 at Page 849. ~erms,~o~ditions an~ stipulations o~ coven~nts a~d Restrictions,Respect- ~ng Unlfled Ownorsh~p of Property, ln conslderatlon of Fruitdale Sanit- ~tion District, a quasi-municipal corporation, recorded October 11,1972 ln Book 2440 at Page 748.