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Home My WebLink About0060 ~ t; ~-_. ..::.~- .::-:J --, (j) :g~ U)~ . Ob ,,' 1 810lt0894 h:~-." \\lfFAT \ ~~SJI.,~J~E..... ..~. ME;'lT L. /- '-I 1::1 Hi \ n /J ~J. Sri Il. (\4 i EASEMENT THIS EASEMENT granted by and from the WHEAT RIDGE UNITED METHODIST CHURCH (hereinafter referred to as Grantor) to THE CITY OF WHEAT RIDGE, Colorado, a quasi-municipal corporation (hereinafter referred to as Grantee). ~rHEREAS, Grantee and the Regional Transportation District have previously agreed upon plans for, and have executed an Agreement to provide for, a bus turn-in and pull-out facility, together with shelter areas for boarding, disembarking, and waiting bus passengers; ~mEREAS, Grantor owns the property described in Exhibit A, which is attached hereto and made a part hereon, which property Grantor wishes to convey by Easement to Grantee for the purpose of allowing the improvements above described to be constructed and maintained; NOW, THEREFORE, the parties, for themselves, their successors and assigns do hereby agree as follows: 1. Grantor hereby grants an Easement to Grantee over, upon, and through the real property described on Exhibit A, which is attached hereto and incorporated herein. 2. Upon the property hereby conveyed, Grantee, its agents, contractors, and assigns, shall install a bus turn-in and pull-out facility containing a concrete curb, gutter and four-foot sidewalk from Wadsworth Boulevard to Vance Street. The cost of all such improvements shall be born by Grantee or the Regional Transportation District (RTD), and Grantor shall bear no costs in any of said improvements. In the event the costs incurred in construction of said improvements exceeds $7,500.00, Grantee shall have the right to elect not to proceed with construction of said improvements, in which case this Easement shall terminate. Additionally, a passenger shelter shall be built at the eastern most end of the property conveyed hereby, costs of construction and maintenance of said passenger shelter to be born by Grantee or RTD, and not by Grantor. 81(~t\0894 \981 Co.;nty 3. The Easement conveyed hereby shall be perpetual, provided ~ however, that in the event Grantee advises Grantor that the use of the property as above described has been or shall be discontinued Grantor shall be entitled to request Grantee to execute in writing a relinquishment of this Easement, and all rights granted hereby, which writing shall, when accepted by Grantor and recorded with the Clerk and Recorder of Jefferson County, terminate this Easement. 4. During the term of this Easement, Grantee, its agents or assigns, may come upon the property conveyed for the purpose of constructing improvements and maintaining improvements necessary to carry out the purposes hereinabove described. 5. At no time during the term of this Easement shall the improvements described herein be enlarged to provide for more than one bus at anyone time. The intent of this provision is to pre- clude the "stacking" of buses in front of Grantor's remaining prop- erty. 6. This Easement may not be renegotiated to provide for additional property to be conveyed from Grantor to Grantee. 7. Grantee shall provide that any trees which are removed fron Grantor's property during construction of the improvements described herein shall be replaced and/or relocated within said construction area at no cost to Grantor. 8. Maintenance of the improvements herein described during the term of this Easement shall be as follows: RTD shall assume complete maintenance responsibilities for any passenger shelter constructed; Grantee shall be responsible solely for the maintenance of any pull-out improvements, being any paved improvements except those which shall be maintained by Grantor. Grantor shall be solely responsible for maintenance of any curb, gutter and sidewalk improvements. 9. During the term of this Easement, any and all improvements constructed and maintained and described above may be utilized by members of the general public, who may corne upon the property herein conveyed for purpose of utilizing said improvements. - 2 - 810lt0894 10. Upon its execution by the parties, this Easement shall be ~ recorded with the Clerk and Recorder of Jefferson County, Colorado, and upon such recordation shall be and remain a covenant running with the land, and as such binding upon the successors or assigns of the parties. DATED this day of / / (, ,~/ , 198~.1 WHEAT RIDGE UNITED METHODIST CHURCH By /' " --"'-.j" ... '- ~ ...' ~., ./ ~.::.- - / ATTEST: ) I J ~ -'-; /~ (1\ /~// r :.- l' .:. ;" ", '/ v THE CITY OF WHEAT RIDGE, a quasi-municipal corporation By ~ ~,~. VI.~ 4z::-;t~ ATTEST: . ~\ , " /~ ,., -) ~ ii' CJ, ---;i~ '-/: :: ~.c' 1 '-< ~ ( ~c'/kc X C1(roV F. Ha'iii'pf, City Clerk / ~:.w ", ~, , "..,-.... , ,l ; ~ .~ ! 1:' - 3 - -_.__.~ ---------.y,....".--.- , ,-...,...,..,.....,..-:r-:t_...,u"...~~.,.,..rJOoo.~_-~...................~I:1'l."'-..1l/oof'~.~____~..-...~_'!'"...-:..- 8 \ 0 l\O -8 9 4' LEGAL DESCRIPTION: A PARCEL OF LAND LOCATED IN PART OF THE NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY OESCRI BED AS FOULOWS;,/ . 1 COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SAID SECTION 26. THENCE SOUTH 89059'47" EAST ALONG THE NORTH LINE OF SAIO'SECTION 26; A DISTANCE OF 56.20 FEET, THENCE SOUTH 00002'34" WEST AND PARALLEL TO THE NORTH-SOUTH CENTER-LINE OF SAID SECTION 26; A DIS- TANCE OF 30.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF 'WEST 38TH' AVENUE SAID POINT..BEHIG THE TRUE POINT OF BEGINNING, THENCE.SOUTH .~OOoOO'13"'~EST A DISTANCE OF 5.00 FEET. THENCE SOUtH 89059'47" -':;,EAST AND PARALLEL TO THE NORTH LINE OF SAID SECTION 26; A DISTANCE ::'?: _ .<'OF 95.20 FEET TO A POINT OF C\JRVATUR"E. THENCE ALONG A CURVE TO THE ..' RIGHT HAVING A CENTRAL ANGLE OF 12024'27", AND A RADIUS OF 85.00 ' :.:~.~, -.._:.FEET. AN ARC LENGTH OF 18.41 FEET TO A POINT OF TANGANCY. THENCE . SOUTH 77035'20" EAST A DISTANCE OF 41.96 FEET, THENCE SOUTH 89059' 47" EAST AND PARALLEL TO THE NORTH LINE OF SAID SECT~ON 26; A DIS. lANCE OF 25.56 FEET. THENCE SOUTH 00000'13" WESt A DISTANCE OF 12.~O FEET. THENCE SOUTH 89059'47" EAST AND PARALLEL TO THE NORTH LINE OF 5AID SECTION 26; A DISTANCE OF 22.00 FEET, THENCE NORTH OO~ 00'13" EAST A DISTANCE OF 12.00 FEET. THENCE SOUTH 89059'47" EAST,.,_ AND PARALLEL TO THE NORTH LINE OF SAID SECTION 26; A DISTACNE OF '3.96 FEET. YHENCE NORTH 77035'46" EAST A DISTANCE OF 41.96 FEET, TO A POINT OF CURVATUR~., THENCE" ALONG A CURVE TO THE. RIGHT RAVING A CENTRAL ANGLE OF 12024'27" Am> A RADIUS OF 85.00 FEET. AN ARC LEN- GTH OF 18.41 FEET TO A POINT OF TANGANCY. THENCE SOUTH 89059'47" EAST AND PARALLEL TO THE NORTH LINE QF SAID SECTION 26; A DISTANCE OF 119.46 FEET TO A POINT OF CURVATURE. THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 75059'44", AND A RADIUS OF 8.00 FEET, AN ARC 'LENGTH OF 10.61 FEET WHOSE tHORO BEARS SOUTH 51059'55" EAST A DIS- TANCE OF 9.85 FEET. THENCE NORTH 00000'13" EAST A DISTANCE OF 11.06 FEET, TO THE SOUTH RIGHT OF ~AY lINE OF SAID WEST 38TH AVENUE, THENCE NORTH 89959'47~ WEST ALONG THE SOUTH RIGHT OF WAY LINE OF SAID WEST 38TH AVENUE A DISTANCE OF 402.42 FEET TO THE TRUE POINT OF BEGINNING. ...."':.:.. ,..:-......,:, CONTAINING 3521. SQUARE FEET. MORE OR LESS. MCMARTIN. BURRE, LOSER &:; FITZGERALD. P. C. ATTORNEYS AT LAW SUITE 600 CONTINENTAL NATIONAL BAI'.-';: BUILDING 3333 SOUTH BANNOCK STREET ENGLEWOOD. COLORADO S0110 (303) 761-1481 JOHN E. HAYES August 11, 1980 Gerald E. Boatright, Esq. 4315 Wadsworth Boulevard Wheat Ridge, Colorado 80033 CITy O~ J- W!-Jr. r '\ 0._. '...AT I'\{D r ,; . -'- IT Gro- I'; ; ,I I r...~f,_'"':."i r;__-; n r-' '-'. -.. I.; I j / ........ ~-l.,__~'" , ! ~ If: -i ; ," '.- l' -..,J.t....L' I t f"} tlt:i MAY 1419 --~\!, Ii I,;. at '.' I, : I ' .- .~,.~ _ I '~ I I ;; 7/ ;', I I" L:::; , I ;~ i ii.-r:c--r--e_/@/I "-~.... \.. "1/ . J f I ) .COMMUNITY -~'~ LJ I.:,J - - tvELOPMEN1i Dear Mr. Boatright: Confirming our recent telephone conversation, I am enclosing herewith for your review a proposed form of Easement between the Wheat Ridge United Methodist Church and The City of Wheat Ridge relating to a bus facility to be constructed by RTD on your client's property. Please contact me after you have had an opportunity to review this document so that we may finalize the same. Thank you for your attention to this matter. Hampf