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HomeMy WebLinkAbout0308 II 'J' ~~) . r') '. -.- -::-J ,.~..o~. ..r__ c::i. l \'iAKKANH DEED TO CITY OF ImEAT RIDGE \. / , . jor ~. , "--- ,.- SHARON L. 11IKRUT, whose address is 103/,0 West 32nd Avenue, Wheat .idg!.., Colorado 80033, County of Jefferson, and State of Colorado, for the consideration of Two Thousand One Uundred Seventy-four and NollOO Dollars (.$2,174,00), in hand paid, hereby sel1(s) and convey(s) to the CITY OF WHEAT RIDGE, a municipal corporation of the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, County of Jefferson, the following real property, in the County of Jefferson, State of Colorado, to wit: I~I I A parcel of land lying in the SE~ of Section 28, T3S, R69H of the 6th P,~1., City of Wheat Ridge, County of Jefferson, State of Colorado, described as follows: :) Beginning at a point on the west line of Lot 2, Block 13, PARAMOUNT HEIGHTS SUBDIVISION "PART ONE", Jefferson County Records, \-Jhich point is westerly 1196.9 feet along the north line of said SE~ from the northeast corner thereof and south at a right angle ~O.~ feet, which point is the TRUE POINT OF BEGINNING; Thence easterly 170.2/, feet to a point on the east line of said Lot 2, which point is 38,2 feet south of, as measured normal to the north line of the said SEx'; Thence northerly 8,2 feet along said east property line to the northeast corner of said Lot 2; Thence \-Jesterly 173 feet along the north line of said Lot 2 to the northwest corner thereof; Thence southeasterly 10.8 feet along the \-Jest line of said Lot 2 to the TRUE POINT OF BEGINNING. Said parcel contains 1,610 square feet or 0.037 acres, more or less, and shall be used for right-of-way purposes only. with all its appurtenances, and warrant(s) the title to the same, subject to easements, rights-of-way and restrictions of record, if any. Signed this '1dai day of \.\s_\.~- \ \ \ ~ \. ~) <..:..r , 19~. . . , f' 0 'I I , " SIIARON 1. MIKRUT STATE OF COLORADO, ) ) S5. COUNTY Of '1-~\} \~::X.\'\) ) ,/ -~----- of The foregoing C\\\..C) ,':.J:. , WITNESS JOy hand instl-ument was ackno\41edged before me this d,.)r.d.. day , 19~, by SIIARON L. ~lIKRUT. and seal. PF- CFPT I Llf\l f\)(J. ,-.) 1 (2H~j 7bS::? l I (=' 8 / :::) 1 1 ~ : 0 = I;::;'C. . l?q/'r R!:::f I ,R[,c i' [1'.- COUNTY OF JE~rERSON STATF OF rOLORADO M"y cornmi~sion --. ,.tSE:/lL,); \ ~ . _ [') ;. \ . " \~ -1 - JA -- Cl \ expires: / f"\';:' ,> . l 'f'i~~I\~C\ \. \\'\V\..\~~V--''- Nota y fu Lic . Address -r..:,C{ l"-', a,\\\.~\ \.\...:~ \..\. \\.\.(''<1: ~ \c:\~ J ~ \'l) 'Co l,l ,,~:=\ . , . , " \ " '.. " ,- ..J tJ 1,..- . "';\ ~ ~..-" Parcel 7 1 S 4 J f EXllInIT 1\ rt tJO RECEPTION NO. 90086569 10/08/90 15:00 30.00 RECORDED II'-I COUNTY OF JEFFERSON STATE OF COLORADO ,.....---..<~., I / ';~ ~ ..-, "..r I, I" ,,\ I. '". ;,' )' , 1JL...U ~ .., \ ._it, 1 \-----/ AGREEMENT THIS AGREEMENT made this /'10day of .....rEP r[IIII3C;:J:( , 1990 by and between the City of Wheat Ridge, Colorado, a Colorado \~ home rule municipal corporation (hereinafter referred to as the \y city) and Sharon L. Mikrut, an individual citizen and resident of \/ the City of Wheat Ridge, Colorado (hereinafter referred to as Mikrut) , WHEREAS Mikrut owns the property located at 10340 West 32nd Avenue, Wheat Ridge, Colorado; WHEREAS the city is in the process of completing the reconstruction of West 32nd Avenue within the City of Wheat Ridge, a portion of which abuts and comes upon Mikrut's property; WHEREAS the city, in order to acquire a portion of Mikrut's property through the use of eminent domain, has instituted civil Action No. 90CV2076 in the District Court in and for the County of Jefferson, State of Colorado; WHEREAS Mikrut and the City wish to resolve all of their differences, provide for payment by the city to Mikrut of an agreed monetary amount as the fair market value of property to be acquired, to provide for Mikrut to convey certain property by Warranty Deed and Temporary Easement to the City, and to provide for the dismissal of the above-captioned civil action, NOW THEREFORE, the parties, for themselves, their heirs, successors and assigns, do hereby agree as follows: 1. The City agrees to pay to Mikrut and Fireman's Fund Mortgage Company the sum of $4,550.20, represented by the City's Check No, 28383, which payment represents the following: a, which will be hereof, at the $4,540.20 representing 1,610 square feet of property deeded to the City as discussed in paragraph 2 value of $2.82 per square foot; b. $10.00 representing a Temporary Easement which will be conveyed as described in Paragraph 2 hereof, 2. Upon receipt of the check spec if ied in the preceding paragraph, Mikrut agrees to execute the Warranty Deed which is attached hereto as Exhibit A, and the Temporary Easement which is attached hereto as Exhibit B. Upon delivery of the executed documents, the City shall record said documents at the cost of the city, 3. The parties agree that a Joint Motion for Dismissal of civil Action No. 90CV2076 shall be executed and forwarded to the Court, and as a result thereof all amounts previously tendered by the city to the Registry of the District Court shall be conveyed to the City and shall be the separate property of the city. .. 4, The parties specifically acknowledge that Mikrut possesses special needs for configuration and sloping of her property to allow for handicapped access. The city agrees that it shall provide a resloping of Mikrut's driveway to a slope of no less then 1 to 8, or such lesser slope as may be agreed between the city's Director of Public Works and Mikrut. When such further agreement is reached, the same shall be reduced to writing and attached to this Agreement as an amendment thereto. d- 5. The parties agree that this Agreement sets forth in full the Agreement between the parties, and that fulfillment of the promises and obligations set forth herein shall release each party from any further duty or obligation owed to the other party. CITY OF WHEAT RIDGE Dan ~~ Wilde, Mayor ATTEST: , \ ' } ~'-JL -----/-"/ /c /, By: ,( J'-. \ .: ~.... L;,.>1 ..-, --I , , . , " I I ',i' f , Sharon L, Mikrut RECEPTION NO. 90086569 2 Project No.:5-]2.05-00 TE 32 !'ocation: 10]40 \'/. 32nd IWe. TEHPOn1\ny r:J\SEHElrr 1<1101-1 1\1,1, HEll IW TIIESE PI\ESf.llTS, that Sharon Mikrut, ]0340 West 32nd Avenue" Wheat nidge, of Jefferson County, St.nte of Colorodo, hereinafter cnlle(} the "gruntor", for and in consideration of the slim of Ten and 00/100 Dollars (nO .00 I and other valuable consi- deration to him in hand paid by the City of Whe"t l\i<1ge, herein- after called "City", does hereby give and grant unto said City, TEHPOH1\HY RIGNT-OF-W1\Y and E1\SE1.IEI1T on, alollg, over and acros s the following described premises to-wit: The North 15 feel: of Lot 2, Dlock 13, p1\n1\IWUNT HEIGHTS SUAfJIVISION PM1T orlB of Jefferson County Hecords as shown in attached Exhibit "1\" which is made a part of this description, except tbat portion described as follows: Degi nning at the Northeast corner of said Lot 2; thence southerly 0.2 feet along the Bast line of said Lot 2; thence westerly 170.24 feet to the \'lest line of said Lot 2; thence northerly 10.8 feel along said West line to the Northwest corner of said Lot 2; tllence easterly 173 feet along the North line of said Lot 2 to the rOlllT OF lJEGllllIING. For the purpose of matching existing driveway to new roadway and side sloping. Subject to the following terms and conditions: 1\11 fences, lawns and other improvements within the easement area will be restored to original or better condition. This easement shall expire upon completion of the project. III mnmss WHEREOF, I have hereunto set my hand this .:,,-).,nc\ day of (\l~c) L't '-;t:. 1\.D., 19.:JD.... " ~Y I. ,1 I) , , f "; ( I ~ _ ,_ Granl:or STI\TE OF C'd \, \f\C\ C- COUNTY OF, j \..\.;\:: ,:-:'-L" \"\ , The foregoing instrument Has 5S acknowledged before me this ;)..e,\ nc\ day of C\\\["~ \ -:- ~: 1\. D., 193Q., by z:.,\"(\<;-\ t \\\.) ~ \.. ~ '\ ~\-'\L,\..\__.\ Witness my hand and official seal. ~1'y commission expires ~\ - 6\..l\ J~ \ ~f\ *Y-~d;C:'\..\.. ~\'(\L~ \.C\.. !TOt r. u 11 c -i'''::'CC;-'''\2, (~\~\ C\u<;: Kddress ' ~ ).> \. SEl\I .I \f-' r>'" .... c' \ \ --, \ );;. .} \ l\ "'I RECEPTION NO. 9008656~ EXHIBIT B IN 1 1 \"=30 EXI-IIBIT '^' TE H 32- 1- .,. j . ) t. . \1':7' ~I _Ro.W TO BE ACQUIRED TE:--1 PDRAR'{ kA~~Ht:=.t--n _h'_" s h5~,IARO~ Iv1IKJ<UT LoT Z BloCk I? PpJ<A~OU~T Inc;. Pll If\ 1:'>2.' --1 RECEPTION NO. 90086569 DRIVEWAY RESLOPING AMENDMENT 1, The driveway will be removed and replaced to 40 feet south of the proposed back of sidewalk and sloped at 8:1, 2, The remainder of the drive up to the garage will be overlaid with 1 inch of asphalt. 3, A railroad tie border will be placed along the drive to the limits of the overlay, The border shall be 1 coarse in height, RECEPTION NO. 90086569 / , ~):(} ~