The URL can be used to link to this page

Home My WebLink About0555 1111111111111111111111111111111111111111111111111111111II111 ~; ~ : ~ ~ 2007098955 DEED 08/24/2007 11:57:05 AM 7 Page(s) Jefferson County, CoLorado COMMISSIONER'S DEED CD 06-118762 DE tJ THIS INDENTURE made this 11:1\ day of /ll!t)ij.(~ ' 2007 between the County of Jeffers.o~, State of Colorado, (the "~ounty") actin~ through its dulyco~stituted and appointed / CommIssIOner hm Congrove, ChaIrman to execute thIS deed, and the City of Wheat Ridge, \ / Q,/colorado (the "Grantee") whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. ~i{: WITNESSETH, THAT WHEREAS, the Board of County Commissioners of the County did at a r~~{~eeting held at the Administration and Courts Facility in said County on the 1'l!J day of :j.. 2007, duly adopt and pass a resolution authorizing the quit claim of the hereinafter d cribed real property to Grantee, and did by said resolution appoint and constitute the undersigned as Commissioner to execute a deed and affix the seal of the County thereto, for said real estate for and on behalf of the County. NOW, THEREFORE, for and in consideration of the sum of One Dollar and other good and valuable consideration, in hand paid by Grantee to the County, receipt of which is hereby confessed and acknowledged, the undersigned, acting as Commissioner aforesaid, does by these presents remise, release, sell, and quit claim unto Grantee and its successors and assigns, all the right, title, interest, claim and demand which the County has in and to the following described real properties situate, lying and being in the County of Jefferson, State of Colorado: See Exhibit "A" attached hereto and incorporated by reference (the "Property") TO HAVE AND TO HOLD the Property, together with all and singular appurtenances and privileges thereunto belonging or in anywise appertaining, and all the estate, right, title, interest and claim whatsoever of the County, either in law or equity, to the only proper use, benefit and behalf of the Grantee, its successors and assigns. RESERVING UNTO THE COUNTY a perpetual easement over the property described in Exhibit B, attached hereto and incorporated by reference, for a recreational trail (the "Trail Easement Property") for use by the public and associated use by the County and its agents for, without limitation, trail construction, operation, maintenance, and administrative purposes. Any construction authorized by the County within the Trail Easement Property shall require the County's prior written approval and shall confOTIn to the County's specifications. By virtue of this easement reservation the County is assuming no obligation or liability for the construction, operation, or maintenance of any road improvements, including, without linIitation, associated retaining walls, within the Trail Easement Property. Grantee shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, rules, or ordinances that affect the use of the Property herein conveyed M:\A lTORNEYlCNTY _ADMINISTRATORICABELAS_COMMISSIONERS DEED DOC 08/07/07 I and the County's adjacent property. Prior to the commencement of any construction or use of the Property or Cabela Drive, Grantee, at its sole cost and expense, shall procure any and all necessary approvals, licenses and permits, including, without limitation, any required permit from the Army Corps of Engineers. If Grantee's construction of Cabela Drive is phased, then Grantee shall procure only those necessary approvals, licenses and permits that are required for that portion of Cabela f"v.- Drive that will be constructed. In addition, Grantee, at its sole cost and expense, shall repair or (! replace any improvements, landscaping or wetlands that are on or within the Property or the County's adjacent property which are damaged or destroyed by any construction or use occurring on the Property or Cabela Drive. IN WITNESS WHEREOF tlJe undersigned, acting by and for the County, as aforesaid, has hereunto set her hand and seal the, day and year first above written, and has affixed the seal of the County hereunto. 1 ., . - '..,. COUNTY OF JEFFERSON, STATE OF COLORADO J ,'" ,..1" ATTEST: .~ . -^,' .. _."oj ..' .,' ~ [SEAL] ~ I), _}. Sy~~/ . ~//M- Deputy Clerk & Recorder STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) ~. The fOregoing instrument was acknowledged before me this 1~ day 0 . . j . 2007 by Jim, :Congrove, Chairman of the Board of County Commissioners, County fJ efferson, State of Colorado:>. . 'I ,. Witness m~h~d an~ seal./) a. (J MyCommlssloIl expIres: "4 ~ 7 eJ '- ,'" , -', 0., C;/i(/-!{/1/~~/L . c' Notary Public' /~ APPROVED AS TO FORM: BYC\;~. ~~ J L. Ay s, . ssistant ~unty Attorney M:\AlTORNEYlCNTY _ADMINISTRA TORICABELAS_COMMISSIONERS DEED.DOC 08107/07 2 THE WITHIN DEED IS ACCEPTED THIS 'I #.. DAY OF k~ 1.1,&'+ \IUl " . "'.._...... il/ :) .' -., .r /~<.iTTEST:,,_ 0_..; _;\', ._, ". .. .:J . [SEAL]: ',3- ; . .' . ' B~~ v";'~uJ .'E:~'., City Clerk mtcnad Snow CITY,?F WHEAT RIDGE, COLORADO / ~,(')~ ^ AI@ BvV lU) l J-Yl Jv Jerrj DilJWliO, Mayor M:\ATTORNEYlCNTY _ADMINISTRATORICABELAS_COMMISSIONERS DEED.DOC 08/07/07 ,2007 3 3 EXHIBIT A Property Legal Description ~ EXHIBIT RIGHT-OF-WAY PARCEL A PARCEL LAND, BEING A PORTION OF LOT 1, ROXBURY GARDENS AS RECORDED AT RECEPTION NO. 09337790 IN THE JEFFERSON COUNTY CLERK AND RECOROERS OFFICE, SITUATED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERTDIA~, COUNTY OF JEFFERSON, STATE OF COLORADOT BEINGDESCR~BED AS- FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, WHENCE THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 LIES N8g007' 31"E ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE S,OUTHEAS-T 11-4, 1319.03 FEET; THENCE N89007'31"E ALONG SAID NORTH LINE, 15.60 FEET; THENCE S07046'53"E, 128.29 FEET TO THE ~OINT OF CURVATURE OF A CURVE CONCAvE NORTHEAST, HAVING A RADIUS OF 367_.00 FEET; THENCE SOUTHEASTERLY, THROUGH _T:... CENTRAL ANGLE Of 43006'00", ALOI% THE ARC OF SAIO CURVE 276.07 FEET TO A LINE' 20.00 FEET NORTH OF, AS MEASURED PERPENDICULAR TO, AND PARALLEL 'W~TH, THE NORTH LINE of THAT PARCEL OF LAND AS .DESCRIBED IN THAT DdCUMENT RECORDED IN BOOK 1992 AT PAGE 752 IN SAID OFFICE; THENCE N89052'30"E, 136.46 FEET; THENCE 50,00'07'30"E, 20.00 FEET TO SAID NORTH LINE; THENCE segD 52 '30"W ALONG SAID NORTH LINE, 300.71 FEET TO THE WEST LINE OJ? SAID SOUTHEAST li4 OF THE SOUTHEAST 1/4; THENCE 1'100007' 30"W ALONG SAID WEOST LI~'E, 382.28 FEET TO THE POINT OFBEGINNINe, CqNTAINING 27,611 sQUARE FEET OR 0.633$ ACRES, MORE OR LESS. BASIS OF BEARINGS, BEARINGS ARE BASED UPON THE EAST LINE OF THE NORTHEAST 1/4 OF SECTIQN 30, TOWNSHIP 3 SQUTH, RANGE. 69 WEST,r 6.t-h P.M. JiEING A'LINE t}.E.TWEEN THE EAST 1/4 CORNER OF SECTION 30 AS MONUMENTED BY A CITY OF WHEAT RIDGE 3.2'5" DlAMETER BRASS DISK, LS 13212", IN CONCRETE AND A CTT'i -OF wHEAT RIDGE WITNESS CORNER BEING A 3.25" DIAMETER BRASS DISK, LS 13212, IN CONCRETE LYING 200..00' SOUTH OF THE NORTHEAST CORNER OF SAID SE",TION 30, AS HAVING A BEARING Of NOI 001' 50"W PER CITY OF WHEAT RIDGE CONTROL DATUM. PREPARED BY OLIN M. SONOENO ONDER THE SUPERVISION OF FREDR,:(CK L~E'ASTON, JR_. r PLS 37948 FOR AND ON BEHALF OF FARNSWORTH GROUP, IN"'. 8055 EAST TUFTS AVENUE, SUITE 850 DENVER, co 80237 ned ~ 1 osondeno I p: \2004\:.304055-coors\dwlj\exniblts\JEFrcO-CABELAS EASEMENTS l.dwg I DJ>. TE: 8/j5/2006 I11ME: 8:'47: 45 am I I E~xrsworth 8055EASTTUFTSAVENUE. SUITEBOO' DENVER. COLORADO 80237 (303) 692-&l38! (303) 692-0470 Fax FOR: CABELA'S RETAIL, INC. ONE CABELA DRIVE, SIDNEY, NE 69160 PARCEL DESCRIPTION JEFFERSON COUNTY PROPERTY RIGHT-OF-WAY PARCEL Project No: DraWllby: Approved: Date: Revi9ad: 304055 OMS FLE 08-10-06 08-15-06 1 OF 2 M:\AlTORNEYlCNTY _ADMINISTRA TORICABELAS_COMMISSIONERS DEEDDOC 08/07/07 4 LEGEND: . INDICATES CHANGE IN COURSE ONLY I NOT PLA TIED (REC. 09337790) EXHIBIT RIGHT-OF-WAY PARCEL NOTE: THIS EXHIBIT DOES NOT REPRESENT A MONUMENTED SURVEY. COORS BREWING CO. 6 f POINT OF BEGINNING NE COR., SE 1/4, SE 1/4, SEe. 19 \ . NW COR.. Sf 1/4-, SE 1/4. SEC. 19 , . NORTH UN€. Sf 1/4-. SE 1/4 SEe. 19 N89'07'31"E 1319,03' ! ~ ,.,>".. I N89'07'31 H[ JEFFERSON COUNTY 15.60' 507'46'53"[ I ~O' TRAil EASEMENT~ ~> 128.29' ROXBURY GiJRDENS (EX AO 2, REe. 92093972) _.' POINT" (REC NO 09337790) " .-- r ,/ 'CURIJAiURE . . , -- ~'C:: NOO'07'30"W; <~ PARCEL OF LAND _ _. _ . / 27.611:t SQ. Fl -;'''0' 382.28' / , 0.633B:t ACRES ~'!-t+kt:: '. "'~ /; / "- +~ '" ",', ::>15 ,/ / ..- '. '. 11><,,<~ <90,,^' , ~ ~:>/~ uO,,-"1'O <!::' , /-/~ ~ ", '0 ~:; ~//' ~ w~ "':/ 6of;~~~s~~~ ~ ~>; ~?;'; (REe. 93120602) ,.'. //.<~('/./ '" . \~f>UN~ BOOK~:~~P~E 752 ,,,' , /!!;;. , "' 1"--.." 6!'<9a.-.4:..... ~ts ", a...;::4r~~" "M "ip!{">a">.9~6b'- "- 1 ".9lfA~:.t-?a " I ..... .., '1~ "'<" e. ' . NE COf/;. , ~: .r."8 ~ ... SEe. 30 . ?J "6' ~+?"- I /f!.AStS OF BEARINGS ... , "- E UN~ NE 1/4. SEe. 30'" "- ", N01'rJl'50'W , 'f "- <t/> E 1/4 COR.. SEe. 30 . " ~'. o 50 100 SCALE: 1'=100' I ~ I ~=43'06'00" t I R=367.00' ..., L=276.07' I N89' 52' 30 "[ I /136.46' 11< 500'O?,30"[ ~ //,//./.~20.00 / \ 1'1 589'52'30"W 300.71' ned SE 1/4, SE 1/4, SEe. /9 LOT 2 PARCEL B (BOOK 1992, PAGE 752) I osondeno I p:\2004\304055-coors\dwg\exllibib\JEFFCD-CABELAS EASEMENTS 1.dwg ! DATE: 8/15/2006 j TIME: 8:47:45 am I . Farnsworth ~ GROUP 8055 EAST ruFlS AVENUE, SUITE 650 DENVER. COLORADO 80237 (303) 692-8838/ (303) 692..Q470 Fax FOR: GABELA'S RETAIL, lNG, ONE GABELA DRIVE. SIDNEY, NE 69160 PARCEL DESCRIPTION JEFFERSON COUNTY PROPERTY RIGHT-OF-WAY PARCEL M:\ATTORNEYlCNTY _ADMINISTRATORICABELAS_COMMISSIONERS DEED.DOC 08/07/07 Project No: Drawn by: Approved: Date: Revised: 304055 OMS FLE 08-10-06 08-15-06 2 OF 2 5 , , EXtutllT B TRAIL EASEMENT OVER RIGHT OF WAY A PARCEL OF LAND, BEING A PORTION OF LOT I, ROXBURY GARDENS AS RECORDED AT BOOK 673, PAGE 9 IN THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE, & SITUATED IN THE SOUTHEAST Y. OF THE SOUTHEAST Y. OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTIlWEST CORNER OF SAID SOUTHEAST Y. OF THE SOUTHEAST y., WHENCE THE NORTHEAST CORNER OF SAID SOUTHEAST Y4 OF THE SOUTIlEAST Y4 LIES N8900T31"E ALONG THE NORTH LINE OF SAID SOUTHEAST Y. OF THE SOUTHEAST Y4, 1319.03 FEET; THENCE N8900T31"E ALONG SAID NORTH LINE, 15.60 FEET; TIlENCE S07046'53"E, 108.00 FEET TO TIlE POINT OF BEGINNING; THENCE CONTINUING S07046'53''W, 20.29 FEET TO A POINT OF CURVATURE; THENCE ON A CURVE TO THE LEFT 85.01 FEET HAVING A RADIUS OF 367.00 FEET, A DELTA OF 13016'18", THE CHORD BEARING SI4025'02"E, 84.82 FEET; THENCE S81 032'03"W, 54.21 FEET TO A POINT ON THE WEST LINE OF SAID SOUTHEAST Y. OF THE SOUTHEAST Y4; THENCE NOooOT30''W, 103.00 FEET ALONG SAID WEST LINE OF THE SOUTHEAST Y. OF THE SOUTHEAST y.; THENCE N76026'05"E, 30.83 FEET TO THE POINT OF BEGINNING. CONTAINING 4,142 SQUARE FEET OR 0.10 ACRES, MORE OR LESS PREPARED BY STEFAN BOHN FOR AND ON BEHALF OF JEFFERSON COUNTY, JUNE 8, 2007 6 EXHIBIT B f POINT OF COMMENCEMENT NW COR. N89"07'31"E 15.60' SE1/4, SE1/4, /./ SEC.19 /' N89'07'31"E 1319.03' \ NORTH LINE, SE 1/4, SE 1/4, SEC. 19 \,//SOT46'53"E 108.00' \. \. N76"26'05"E 30.83' -1 COORS BREWING CO. REC. 92165348 POINT OF BEGINNING 20' TRAIL EASEMENT REC. 92093972 ~ SOT46'53"E 20.29' ......---- .t.13'16'18" R=367.00' L=85.01' CHB=S14"25'02"E CHD=84.82' ..----- --- JEFFERSON COUNTY 0> ~ APPROXIMA TE LOCATION OF RELOCATED TRAIL S81"32'03"W 54.21' <3 w (f) ,z RIGHT OF WAY PARCEL \ \ \ '\ '\ '\ '\ "'- 50 0 25 a. - .. I SCALE 1 inch = 50 ft. 50 I ~ :;::w - (f) '0 r<) - - ..;- ",-- o~ OW O(f) z w z ::; f- (f) W ,:;:: i ------1 i-- -.---..---------~-.--______< 7