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RECEPTION MO.
8/11/2000
PAGE FEE:
RECORDED IN
F"1098428
11:53:47 PG: 001-008
0.00 DOC,FEE: 0.00
JEFFERSON COUNTY, COLORADO
RANTY DEED
THIS DEED, made this ~day of August. 2000 IS ht;[\veen CHARLES A.
EINARSEN, ROBERT L. EINARSEN, ~ANCY .T. EINARSEN, AND THE HAROLD D.
EINARSEN TRUST UOll1tly and ,everally referred to as "Grantor") and the COUNTY OF
.TEFJ.<'ERSON, STATE O'F COLORADO a body polItIC and corporate. duly organued and
eXlstll1g under and by vIrtue of the laws ot the State of Colorado ("Grantee"). whose legal
address IS 100 Jeffel";on County Parkway. Golden Colorado 80419
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WITNESSETH, That the Grantor for good and valuable consIderatIOn, the recetpt and
suffiCIency of whIch are hereby acknowledged. has granted. bargained, sold and conveyed, and
by these presents does grant, bargall1, sell, convey and confirm, unto the Grantee, ItS successors
and assIgns forever, the real property, together WIth lluprovements, If any, described in Exhiblt A
attached hereto and incorporated by reference
TOGETHER WITH all \vater and water rIghts, dllches and dItch rIghts. stock in dItch
andlor reservoir compames. reservoIr and reserVOlr rights, wells, well permlls and well rIghts,
includIng tributary, nontributary and not nontnbutary, whether adjudicated or not, on, under or
appurtenant to, or used on any portIOn of, sard property, includIng, WIthout lImitation, 10 Inches
in the Rocky Mountarn Water Company whIch are dIverted at Headgate #45
TOGETHER WITH all and sIngular the heredItaments and appurtenances thereunto
belonging or In anywise appertainrng, 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 Grantor, eIther III law or equity. of, III and to the above-bargaIned
premIses, wah the heredllaments and appurtenances thereunto appertaInIng
TO HAVE AND TO HOLD the sard real property, WIth the appurtenances, unto the
Grantee, its successors and assigns forever And 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, Grantor is well seized of the premIses
above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, In law,
in fee simple, and has good right, full power and lawful authonty to grant, bargain, sell and
convey the same in manner and form as aforesaid, and that the same IS free and clear from all
former and other grants, bargaInS, sales, liens, taxes, assessments, encumbrances and restrictions
of whatever kind and nature soever, subject to
1. The lIen for general taxes, if any, for the calendar year 2000, which shall be adjusted
and prorated to the date of clOSIng, the proration thereof to be based upon the most
recent levy and assessment; and
2. The items set forth in numbers 10, 12, 13, and 14 of ExhibIt B attached hereto and
mcorporated by this reference.
IIGC4\DA TAl IGROUPSIA TTORNEYICOMM_RESIOPENSP AClslslEinarsen SWD.doc
RECEPTION NO. Fl09B42B
Grantor shall and wtll WARRANT AND FOREVER DEFEND the <lhove-hargamed
premIses Il1 thc ljulet and pcact'ahk p"s,essILJn of the Cirantcc, It, successors and assigns. agaInst
all and every person or persons eLul11mg the \\ hok or <my part thcrcol hy. through or under the
Grantor. hut not otherWISe
The smgular numher ,hall include the plural, the plural thc stngular, and the use of any
gender shall be applIcable to all genders
IN ,"VITNESS WHEREOF. the Grantor has executed thts decd on the date set forth
above
GRANTOR.
" ~%
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. ,. , (
Nancy J Ear'
THE HAROLD D EINARSEN TRUST
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~y. Harold D marsen, Trustee
ST ATE OF COLORADO )
f'
,1 t! i ) ss.
COUNTY OF l / f., I 1 C;'[\(I )
v
/ J 1~ The for going S ECIAL WARRANTY DEED was acknowledged before me this
day of ,I. , 2000, by Charles A. Ema.rsen, Grantor /?
,/'I ')
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--'~l:fJilis:iW~J. doffic;ial sdth (/i 1< ;/(,llil;; / /
r JEfMy. (,1RtlITAANSlfiRexplr s I l [,C In'(, / A^--
t NOTARY PUBLIC
L-J2~s.oJg~~D..Ou..._ N tary Public
My Commission Expires 12.31.2000
\\GC4\DA T A I\GROUPS\A TIORNEY\COMM_RES\OPENSP AClsislEinarsen SWD.doc
T
2
STATE OF COLORADO
"
i, J' " ) \s
COUNTY OF i ,/,,: ! vC & l)
i l
RECEPTION 110. F1(\9B428
I !.;. , The fO..'legomg SPECIAL WARRANTY DEED was acknowledged
i 1(\'- '- ' '-
i~day of ,.-71 II,! ,,(\ r , 2000. by Robert L. Emarsen. Grantor
I
I
WITNESS my hand and offiClal seed
~~--~~~~~~A~~r~~~
~ JErd L. ,l\LEXA ...,ER ~
~ NOTAR'{ PUBLIC ~ (
; STATE OF COLOR/\DG t "--
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My Co'nm:ssion Expires 12-31-2000
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'Iv i d /, {, { ( / ; '[( _ ~ '-
~otary P~b!Jc
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STATE OF COLORADO )
i' /; ,) ss
COLTNTY OF,? t t tc I /NJ
)Ii~ The fo going ~P;ECIAL WARRANTY DEED was acknowledged
day of /'-.1.--C. 2000, by Nancy J Emarsen, Grantor
WITNESS my hand and official seal
My CommissIOn expIres.
r4"'~jERiL~LEXANDERJ
;l NOTARY PUBLIC
__~~~_c:!-S~~2~~.2-_
My Commission Expires 12.31.2000
ST ATE OF COLORADO )
) 5S
COUNTY OF )
I iff The for Rloing
~dayof 1, i
Trust, Grantor (
, /)
WITNESS my h'nd on" ome;,' ''''. . _//
My Cnmn",";on e'p;"'. L~jL I fJ {2it/A,id" '----
f#-#----"-------#--#-.,--~..., N'otary PublIC
JERIL ALEXANDER t
t NOTARY PUBLIC J IJ
L~__Jl~~_~C;~~2---
My Commission Expires 12-31-2000
before me thl~
-1
------
before me thIS
IAL WARRANTY DEED was acknowledged before me this
, 2000, by Harold D Emarsen as Trustee of the Harold D Einarsen
\\GC4\DA TAl \GROUPSIATTORNEYlCOMM_RES\OPENSP AClslslEinarsen SWD.doc
3
RECEPTION NO. Fl098428
.tf1
THE WITHIN DEED IS ACCEPTED TIllS ~ DA Y OF
4if<t6,
COlTNTY OF JEFFERSON
ST ATE OF COLORADO
By ~/Ac -&"4W "'-
MIchelle Lawrence, C aIrman Pro-tern
Board of County CommIssIoners
APP~ED AS TO FORM
c:ft~~
Steven L. Snyder
Assistant County Attorney
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IIGC4\DA T A IIGROUPSIA rrORNEYlCOMM_RESIOPENSP AC\stslEinorsen SWD.doc
.2000
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4
RECEPTIOll MO. FlC1984.28
Our Order No ,\ B{,Cll)063-8
LEGAL DESCRIPTION
PARCEL A
THE WEST 1/2 OF THE WEST 1/2 OF THE J\ORTHWEST l/4 OF THE NORTHWEST 1/4 OF
SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN,
c)
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EXCEPT THE NORTH 30 FEET THEREOF,
AND EXCEPT THE WEST 30 FEET THEREOF,
AND EXCEPT THAT PART DEEDED TO SOCONY MOBIL OIL COMPANY, INC., A NEW YORK
CORPORATION IN INSTRUMENT RECORDED SEPTEMBER 25, 1964 IN BOOK 1748 AT PAGE 767,
DESCRIBED AS FOLLOWS;
BEGINNING AT THE POINT OF INTERSECTION WITH THE SOUTH LINE OF WEST 38TH A VENUE
WITH THE EAST LINE OF KIPLING STREET WHICH POINT IS 30 FEET SOUTH AND 30 FEET
EAST OF THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 27;
THENCE SOUTH AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST 1/4 AND ALONG THE
EAST LINE OF KIPLING STREET, 150 FEET,
THENCE EAST AND PARALLEL TO THE NORTH LINE OF SAID NORTHWEST 1/4, 150
FEET;
THENCE NORTH AND PARALLEL TO THE WEST LINE OF SAID NORTHWEST 1/4, 150 FEET TO A
POINT 30 FEET SOUTH OF THE NORTH LINE OF SAID NORTHWEST 1/4;
THENCE WEST ALONG THE SOUTH LINE OF WEST 38TH AVENUE TO THE POINT OF BEGINNING,
AND EXCEPT THAT PART CONVEYED TO THE DEPARTMENT OF HIGHWAYS, STATE OF COLORADO
BY INSTRUMENT RECORDED JUNE 24, 1969 IN BOOK 2113 AT PAGE 5, OVER THE FOLLOWING
DESCRIBED PARCEL:
BEGINNING AT A POINT ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION Yl, WHICH IS 450 FEET EAST OF THE SOUTHWEST CORNER OF THE
NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69
WEST.
1. THENCE WEST, ALONG THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4
OF SECTION 27, A DISTANCE OF 15.0 FEET TO THE SOUTHWEST PROPERTY CORNER;
2. THENCE NORTH, ALONG THE WEST PROPERTY LINE, A DISTANCE OF 1,152.5 FEET,
3. THENCE EAST, PARALLEL WITH THE NORTH LINE OF THE NORTHWEST 1/4 OF SECTION 27,
A DISTANCE OF 10.0 FEET;
4. THENCE SOUTH, PARALLEL WITH THE WEST PROPERTY LINE, A DISTANCE OF 937.2
FEET;
5. THENCE EAST, PARALLEL WITH THE SOUTH LINE OF THE NORTHWEST l/4 OF THE
NORTHWEST 1/4 OF SECTION 27, A DISTANCE OF 50 FEET;
6 THENCE SOUTH, PARALLEL WITH THE WEST PROPERTY LINE, A DISTANCE OF 215.3 FEET,
MORE OR LESS, TO THE POINT OF BEGINNING,
EXHIBIT
~
J5
~ A
RECEPTIOIIIIO. F 1 0984 28
Our Order No ".B6CJC)()1,3-R
LEGAL DESCRIPTION
AND EXCEPT THA T PART CONVEYED TO THE CITY OF WHEAT RIDGE BY INSTRUMENT RECORDED
SEPTEMBER 29, 1994 AT RECEPTION NO 94157692 AND INSTRUMENT RECORDED DECEMBER
1, 1994 AT RECEPTION NO. 94186976, COUNTY OF JEFFERSON, STATE OF COLORADO
PARCEL B
l:
TRACT A, WESTHA YEN, EXCEPT THA T PART CONVEYED TO THE CITY OF WHEAT RIDGE BY
INSTRUMENT RECORDED SEPTEMBER 29.1994 AT RECEPTION NO. 94157692 AND INSTRUMENT
RECORDED DECEMBER I, 1994 AT RECEPTION NO 94186976, COUNTY OF JEFFERSON, STATE
OF COLORADO
RE~-mIOII JO. FI098428
ALTA COMMIT)vlENT
Schedule Ll ')c(liol] 2
(Exceptions)
Our Order No. AH(,cJ'JI)h3 8
The policy or policies to be issued will contain exceptions tu the folluwing unless the same are disposed
of to the satisfaction of the Company:
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, shortage in area, encroachments, and any facts which a correct 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 services, labor or material theretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or
attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for
value the estate or interest or mortgage thereon covered by this Commitment.
6. Taxes or special assessments which are not shown as existing liens by the public records.
7. Liens for unpaid water and sewer charges, if any.
8. In addition, the owner's policy will be subject to the mortgage, if any, noted in Section 1 of Schedule B hereof.
9. EXISTING LEASES AND TENANCIES, IF ANY.
10. THE EFFECT OF WESTHA VEN PARK OUTLINE DEVELOPMENT PLAN, RECORDED DECEMBER
08,1983, UNDER RECEPTION NO 83117119.
11. (ITEM INTENTIONALLY DELETED)
12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR REVERTER
CLAUSE, BUT OMITfING ANY COVENANT OR RESTRICTION BASED ON RACE, COLOR,
RELIGION, SEX, HANDICAP, FAMILIAL STATUS OR NATIONAL ORIGIN UNLESS AND
ONLY TO THE EXTENT THAT SAID COVENANT (A) IS EXEMPT UNDER CHAPTER 42,
SECTION 3607 OF THE UNITED STATES CODE OR (B) RELATES TO HANDICAP BUT DOES
NOT DISCRIMINATE AGAINST HANDICAPPED PERSONS, AS CONTAINED IN INSTRUMENT
RECORDED DECEMBER 18. 1950, IN BOOK 700 AT PAGE 550
(AFFECTS PARCEL B)
13. RIGHT TO CONDUCT WATER FOR IRRIGATION PURPOSES ACROSS THE NORTHWEST 114 OF
THE NORTHWEST 114 OF SECTION 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST FOR THE
EXHIBIT
!:
D
-g B
RECEPTIOIIIIO. Fl 098428
ALl',\. COMMITMENT
Schc:uule B Section 2
(Exceptions)
Our Order j\,o. '\B699063-8
The policy or policies to be issued will contain exceptions to the following unless the same arc disposed
of to the satisfaction of the Company:
IRRIGATION OF OTHER LANDS, AS RESERVED IN INSTRUMENT RECORDED MARCH 26,
1888 IN BOOK 46 AT PAGE 546
8
14. THE FOLLOWING MATTERS AS DISCLOSED BY LAND SURVEY PLAT PREPARED BY BRUCE
BERTSCH ON BEHALF OF MILLER ENGINEERING AND SURVEYING. INC., JOB NO.
3171, DATED MAY 1996, AND RECORDED IN THE RECORDS OF JEFFERSON COUNTY ON
OCfOBER 1,1996 AT RECEPTION NO. F0309191:
A) RIGHT OF WAY FOR DITCH, AND
B)EASEMENTS, IF ANY, RELATIVE TO THE POWER POLES AND OVERHEAD ELECTRIC
LINES ALONG THE PROPERTY BOUNDARY LINES.