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HomeMy WebLinkAbout0486 (. \'-)~1?/ ~'~ d:J .... ~~ ~~ ........ ~\"~ ~I"" gto: ..... <. ~ ~ ." RECEPTION I~O. F0582640 0.00 PG: 05~ RECORDED IN JEFFERSON COUNTY, COLORADO GENERAL WARRANTY DEED rWHEAT R.Il:)C IT 0001-007 ~D 3/31/98 14;27; 3 ft..liri 'I ')IV '/ THIS DEED. Made this 2y77tday of December. 1997. IS between CITY OF WHEAT RlDGE. a mumcipal corporation. whose address is 7500 W 29th Avenue. Wheat Ridge, Colorado 80215. ("Grantor"). and the COUNTY OF JEFFERSON, STATE OF COLORADO. a body polItic and corporate. duly organized and existmg under and by virtue of the laws of the State of Colorado, whose legal address IS 100 Jefferson County Parkway. Go]den, Colorado 804]9 ("Grantee") \ / ~ WITNESSETH, That the Grantor, for and III consideration of the sum of One Million Thirty-FIVe Thousand Nine Hundred and No/]OOths ($1,035.900.00), the receipt and sufficiency of which are hereby acknowledged. has granted, bargained. sold and conveyed. and by these presents does grant, bargam. sell, convey and confirm, unto the Grantee. Its successors and assigns forever. the rea] property, together with improvements. If any, situate. iying and belllg in the County of Jefferson, State of Colorado. described on Exhibit A which IS attached hereto and incorporated herem by this reference. TOGETHER WITH all and smgu]ar the hereditaments and appurtenances thereunto be]ongmg or III anywise appertaimng, and the reversion and reversIOns. remalllder and remamders. rents. issues and profits thereof. and all the estate, nght. tlt]e, mterest, claim and demand whatsoever of the Grantor, either m law or equity. of. m and to the above-bargamed premises, with the heredItaments and appurtenances thereunto appertaming. TOGETHER WITH all water and water rights, ditches and ditch nghts. stock m ditch compames, reservOir and reservoir nghts. wells and well nghts, including tnbutary. nontnbutary and not nontributary whether adjudicated or not, on, under or appurtenant to or used on any portion of the land described on Exhibit A which is attached hereto and mcorporated herem by thiS reference, TO HAVE AND TO HOLD the Said premises above-bargained and described, WIth the appurtenances, unto the Grantee, its successors and assigns forever. And the Grantor, for itself, Its successors and assigns, does covenant. grant, bargain and agree to and WIth the Grantee, Its successors and assigns. that at the time of the ensealing and delivery of these presents. the Grantor IS well seIzed of the premises above conveyed. has good. sure. perfect. absolute and mdefeasible estate ofmhentance, m law, in fee simple. and has good nght. full power and ]awful authonty to grant, bargam. sell and convey the same m manner and form as aforesmd, and that the same IS free and clear from all former and other grants. bargams, sales, liens, taxes, assessments. encumbrances and restnctions of whatever kmd and nature soever. except for' 2. The lIen for general taxes for the calendar year in whIch the conveyance IS made, which shall be adjusted and prorated to the date of closing. the proration thereofto be based upon the most recent levy and assessment; and Subject to the easements. nghts of way ofrecord and Items set forth m numbers 7-17 and 20- 22 and 24 of Exhibit B attached hereto, mcorporated herem and made a part hereof by this reference FiRS; At,i;:ilU\.'" f;<i~;,., <o,~,'"f~~>~~,~ ~6~ '.' ',," '",,"!;'}. '.,,,^,' "";;,f.; .' ,.~ 'V' ""'.(.':"~~'ti:~ '..~.._' .;-;,:^~4t~L.~- M:\GROUPS\f\TfORNEY\COMM RE5\OPCNSPA,C\WH-RIDGE GWD DECEMBER 29 1997 )<.\ L ' > I .", I \0 I,) ( I -/ il!;P.;"AGt:Tm..F RECEPfION NO. F0582640 The Grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises m the quiet and peaceable possession of the Grantee. its successors and assigns. against all and every person or persons claIming the whole or any part thereof. The singular number shall include the plural, the plural the smgular, and the use of any gender shall be applIcable to all genders. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. GRANTOR, ATTEST. ~.., ~, . ~\c' SeCIc:tary \\ " '^ STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) r. The foregoing GENERAL WARRANTY DEED was acknowledged before me thIS ,',I day of DECEMBER, 1997 by Grptrhpn ['pnTPnY , as Meynr of CITY OF WHEAT RIDGE, Grantor WITNESS my hand and official seal. My CommIssion expIres. Mv Commisi;jnn FWi~s Oct. 2~. 1999 1.--\,/ '. ! 1 (- .1.._ ). ~~, ~ " /, 1,/ Notary Public M '\GROUPS\ATTORNEY\COMM ~ RES\OPENSPAC\WH RIDGE. GWD DECEMBER 17 1997 2 RECEPTION NO. F0582640 APPROVED AS TO FORM: 3 / I 19' / , r ......-- /; .. -'1' { vdl( , {~fL~'L Anne T. Kelson Assistant County Attorney _'/, l//'-- THE WITHIN DEED IS ACCEPTED THI~ DA Y OF DECEMBER. 1997, COUNTY OF JEFFERSON STATE OF COLORADO ... () ~ \ By r- \,L '\ '_)lU/~ John ~orie. Chairman, Board of County Commissioners M-\GRQUPS\A.TTORNEY\COMM RES\OPENSPAC\WH-RIDGE GWD DECEMBER 17 1997 1 -' RECEPTION NO. F0582640 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHEAST ~ QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST'QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, WHENCE THE SOUTHEAST CORNER THEREOF BEARS S.00004'58HE., A DISTANCE OF 1315.13 FEET; THENCE S.89024'00HW., ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 21, A DISTANCE OF 40.00 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET AND THE EASTERLY EXTENSION OF THE SOUTH BOUNDARY LINE OF GREEN VALLEY SUBDIVISION AS RECORDED IN BOOK 11 AT PAGE 34 IN THE JEFFERSON COUNTY RECORDS, ALSO BEING THE POINT OF BEGINNING; THENCE CONTINUING S.89024'00"W., ALONG SAID EASTERLY EXTENSION AND SAID SOUTH BOUNDARY LINE, A DISTANCE OF 621.82 FEET TO THE NORTHEAST CORNER OF CAMBRIDGE PARK SUBDIVISION AS RECORDED IN BOOK 125 AT PAGES 39 THROUGH 41, IN JEFFERSON COUNTY RECORDS; THENCE S.00008'23"E., ALONG THE EAST LINE OF SAID CAMBRIDGE PARK SUBDIVISION, A DISTANCE OF 1026.29 FEET TO A POINT ON THE BOUNDARY OF A PARCEL OF LAND RECORDED AT RECEPTION NO. 80076775 IN JEFFERSON COUNTY RECORDS; THENCE ALONG SAID BOUNDARY THE FOLLOWING TEN (10) COURSES: 1 N.58051'3rE., A DISTANCE OF 32,00 FEET; 2. N,02018'23"W., A DISTANCE OF 67.00 FEET; 3. N 47041'3rE., A DISTANCE OF 47 00 FEET, 4 N.78021'3rE., A DISTANCE OF 18000 FEET; 5. N.50011 '37"10., A DISTANCE OF 53.00 FEET; 6. N 01031'37"E., A DISTANCE OF 74.00 FEET; 7 N,73043'23"W., A DISTANCE OF 31.00 FEET; 8 N.27058'09"E., A DISTANCE OF 63.68 FEET; 9 N 63043'27"E., A DISTANCE OF 57 06 FEET; 10 S 00006'41 "E., A DISTANCE OF 3530 FEET TO THE SOUTHEAST CORNER OF BLEVINS SUBDIVISION AS RECORDED IN BOOK 29 AT PAGE 23; THENCE N.63022'33"E., ALONG THE SOUTH LINE OF SAID SUBDIVISION, A DISTANCE OF 313.59 FEET TO THE WEST RIGHT-OF-WAY LINE OF KIPLING STREET; THENCE N 00004'58''W., ALONG SAID WEST RIGHT-OF-WAY LINE, A DISTANCE OF 25962 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF VilEST 40TH AVENUE; THENCE S.89024'OO"W., ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 280.75 FEET TO THE WEST LINE OF BLEVINS SUBDIVISION; THENCE N.00006'41"W., ALONG SAID WEST LINE, A DISTANCE OF 50.00 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID WEST 40rn AVENUE; THENCE N.89c24'00"E., ALONG SAID NORTH RIGHT-OF-WAY LINE. A DISTANCE OF 280.78 FEET TO THE WEST RIGHT-OF-WAY LINE OF SAID KIPLING STREET; THENCE ALONG SAID WEST RIGHT-OF-WAY LINE THE FOLLOWING THREE (3) COURSES' 1 N.Ooo04'58"W" A DISTANCE OF 130,01 FEET; 2. N.89024'00"E., A DISTANCE OF 1000 FEET; 3. N 00004'58"W., A DISTANCE OF 138.29 FEET TO THE POINT OF BEGINNING. CONTAINING 456,120 SQUARE FEET OR 10471 ACRES MORE OR LESS EXHIBIT ~ ~ A j! Form ~o. 1344-82 (CO-SS) ALTA Plain Language commitment RECEPT I 01\1 NO. F0582640 SCHSDULE B - Section 2 Order No. KC5l316B97-2 Exce~tions Any ~olicy w@ issue will have ~he following excep~ions unless ehey are eaken care of to our ssti8fac~ion' 1. Taxes and ASSeSSD\ents not certified to the Treasurer's Office. 2. Any facts, rights, inter~~t5 or claims which are not shown by the public records but which could be ascertained by an inspection of the land or by making inquiry of persons in possession thereof. 3. Easements, or claimB or easements, not shown by public records. 4 Discrepancies, cc)nflicts in boundary 1 ines, shor tage in area. encroachments, and any facts which a correct sU~Tey and inspection of the land would disclose, and which are not shown by the public records. 5 Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by chs public records. 6 Taxes and assessments for the current year, including all taxes now or heretofore assessed, due or payable. 7 Any water rights or claims or title to water, ~n, on or under the land. (A.:! to Parcels Olle and Thr""l B, W~ter rights and ditch rights as contained in instruments recorded January ~, 1937 in Book 393 at Pages 001 and 002 (As to Parcel TwD) 9. Rights of others to that portion of the land lying within Lena Gulch together with such adjoining land as may be used or useful in connection with che use or maintenance of that ditch. (As to Parcel Two) 10. Rights ot others to that portion of the land lying within Dry creek ditch together with such adjoining land as may b~ used or useful in connection wich the use Or maincenance of that ditch (As to Parcel One) 11. Unpatented mining claims, reservations or exceptions in patents or in Acts authorizing the issuance thereof. (As to Parcel One) 12. ~he effect of che Haakensen Ditch System as recorded octoper 19, 1929 in Book 4 of Ditch Plats at page 4 and as set forth on that certain Deed to P.E, Weller and Anna N. Weller recorded November 29, 1949 in Book 656 at Page 208. (As to Parcel One) --Continued EXHIBIT B " !i ,. (Page 1 of 3) 6 Form No. lJ44-B2 (CO-88) AL~A Plain uanguage commitment RECE.P T I ON NO. F0582640 Schedule B - Seo~ion 2 oontinued OrdQr No. KC5l316B97-2 13 Terms, conditions, provisions, agreements and obligations specified under the AgreQffient by and between Mary v. Blevins and The City of Wheat Ridge recorded July 10, 198~ at Reception No. 84064297 (As to Parcel one) 14, Terms, conditions, provisions, agreements and obligations specified under the Grant of Easements by and between Paul E Weller and Anna N. Weller and Survey Enterprises LLC recorded May 25, 1995 at Reception No. F0060487. (As to Parcel Two) 15. Right of way of West 38th Avenue over the Southerly 30 feet of 20 foot wide access ;road. (As to Parcel One) 16. An easement for utilities and incidental purposes granted to The Mountain States Telephone and Telegraph Company by the instrument recorded April 22, 1969 in Book 2097 at Page 435 (As to Parcel Three) 17. An easement for utilities and incidental purposes granted to The Mountain States Telephone and Telegraph Company by the instrument recorded April 6, 1981 at Reception No. 81022828 lA5 to Parcel Three) 18 An easement for open space, trail, path and incidental purposes granted to the City of Wheat Ridge by the instrument recorded July 10, 1984 at Reception No. 84064296. (As to Parcel Two) 19. An easement for open space, tr~i1, path ~nd incidental purposes granted to the City of Wheat Ridge by the instrument recorded October 27, 19S0 at Reception No. 80080937. (As to Parcel Two) 20 Terms, conditions, provisions, agreements and obligations specified under the Agreement by and between the City of Wheat Ridge <lnd Mary V. Blevins recorded September 16, 1,80 at Reception No. 80068960. (As to parcel Two) 2l. Memorandum of Correc~ed Ordinance No, 607 recorded February 18, 1986 at Reception No. 86016710. (As to Parcel Three) EXHIBIT B " " ;1 i! (Page 2 of 3) G Fozm No. 1344-B2 (CO-'SS) ALTA PI..!!! Language collllllitlnent RECEPT lON 1\10. Schedule B - Section Z coneinued Order No. KC5l316B97-2 22 Easements and rights of way as reserved in Vacation ordinance No. 495 recorded August 20, 1982 at Reception No, 82058101. (As to Parcel Two) 23. Any existing leases or tenancies. 24. Any increase or decrease in the area of the land and any adverse claim to any portion of the land which has be~n created by or caused by accretion or reliction, whether natural or artificial; and the effect of the gain or loss of area by accretion or reliction upon the marketability of the title of the land. (As to parcel One) EXHIBIT B FQ56c640 1 , " 11 " (Page 3 of 3)