The URL can be used to link to this page

Home My WebLink About0116 () u }' \ 971,"P RECEPTION NO.B30 J;Z.OO 10/11/83 16:03 .- RECORDED IN_---~r COUNTY OF J~~~Ek~ON STATE OF COLORADO .~.- /" ..... I \mF'l \ .. W;-',h i ;~, L .....L . \ .,L~1' J \,ILf , .....,. RIGHT-OF-WAY EASEMENT This Right-of-Way Easement granted this 6th day of September ,1983, by NARY E. VAN SCOYK, 7193 West 32nd Avenue (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE, a municipal corporation (hereinafter referred to as "The City"), Whereas, Grantor is the owner of the following des- cribed real property (herein called the "Property") situate, lying and being in The City of Wheat Ridge, County of Jefferson, State of Colorado, located at the NE corner of 32nd Avenue and Teller Street, to wit. (See attached Exhibit A attached hereto and . made a part hereof.) Whereas, it is the intent of The City to develop, con- struct and maintain street and related improvements on the Property for the general health, safety and welfare of the citizens of The City of Wheat Ridge; How, therefore, 1. Grantor hereby grants and conveys to The City a perpetual easement to the Property, as described above, for the purpose of authorizing The City to construct and main- tain thereon those street improvements necessary to imple- ment the West 3Lnd Avenue Street ~roject as presen~ly contemplated by The City. 2. The easement granted hereby includes, without limitation, a grant of authority to The City; to come upon the Property for the purpose of surveying and inspection; to construct such improvements, to come upon the Property for purposes of inspecting and maintaining such improvements; as well as any other uses incidental to accompishment of the purposes of this easement. 3. There is no monetary consideration for the con- veyance herein made by Grantor. Consideration for such conveyance shall consist of the following agreements by The City. I--L/ (a) The City's agreement that Grantor's existing chain link fence extending to i:.he north or the P .cojJerty and approximately paralleling the Teller Street right-of-way is located within Grantor's property and does not encroach within the Teller Street right-of-way. (b) The City's agreement to replace, at the City's expense, promptly and in a manner reasonably satis- factory to Grantor, any portion of Grantor's existing chain link fence removed or disturbed in the course of constructing RECEPTION NO. 83097458 10/11/83 16'O~ .~ RECORDED IN .~ 1~.OO COUNTY or JEFrER~ON STATE OF COLORAD~ the street improvements hereinabove enumerated. Such portions shall be placed along but immediately outside the northeasterly boundary of the Property. (c) The City's agreement that it will not con- struct additional street improvements along the west line of Grantor's remaining property without first consulting and counseling with Grantor and considering in good faith Grantor's reasonable objections thereto and such measures as Grantor may request for the amelioration of any harmful effects on said remaining property from the construction of additional improvements. (d) The City's agreement that Grantor, by granting the easement herein provided, does not release or relinquish any rights which she may have for damage to her remaining property lying outside the bounds of the Property conveyed hereunder. 4. The City agrees that, during the term of this easement, it shall repair and maintain the improvements constructed upon the Property hereby conveyed, and The City shall likewise repair any damage which it causes to Grantor's remaining property during construction or repair of any improvements made pursuant to this easement. The foregoing shall not, however, be interpreted to grant to The City any ri8ht or privilege to intrude into or to encroach upon Grantor's said remaining property. 5. During the term of this easement, the Grantor shall have access to and may utilize the Property conveyed hereby for any purpose which is incidental to the purpose for which this easement is granted. 6. The easement granted hereby is perpetual and shall be binding on the heirs and successors of the parties and shall become a covenant running with the land upon its recordation; provided, however, that this easement may be terminated only by a writing signed by both parties, or their successors, which writing shall be duly recorded and shall not be effective until so recorded. IN WITNESS WHEREOF, the parties hereto have set their nands and seals to the foregoing and attached Right-of-Way Easement the day and year first above written. ATTEST: ------~ BY--//Au /. ~ I?:Z:", Frank Stites, Mayor THE CITY fl.- ~~, )1A....t L-, : t'tIt Mary E. Man Scoyk GRANTOR i._:/ (.... -~~f ./) , THE CITY OF WHEAT RIDGE, a municipal corporation J';. ' J7 ,/, ./ ; v ~ ...t.-.____ .Wanda Sang, -2- .2 RECEPTION NO. 83097458 10/11/83 16:03 j? 00 RECORDED IN-- COUNTY OF JEFFERSON STATE OF COLORADO STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this l- day of' "'-/)\l,J\.U) , 1983, by Mary E. Van Scoyk. Witness my hand and official seal. -3 My commission expires' My Commission Expires r,iJY 7, ;-'} ~.:" I!i' \.1....../;,' . 0' <,' [S~L J , \ ) , ," ^ '~kY\, 1 \f.;, '- \ \ \ \ ) (~etr b Notary'Public (I j Business/Residence Address of Notary Public .-;<;(~C (0 J.c, CLl.,lC. I. '\ \11((, L.. ! ~U\.~'0 (;:. -I.. , . < Ol~ f; ,:::'"~: STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this day of , 1983, by Frank Stites and Wanda Sang, Mayor and City Clerk, respectively, of The City of Wheat Ridge, a municipal corporation. Witness my hand and official seal. My commission expires: [SEAL] Notary Public Business/Residence Address of Notary Public. APPROVED AS Te:- ~FORM: ~) ~ John E. Hayes, C t Attorney , L. -3- O"7l "'\3 f\ECFP11?N N~. _8301 \;) :12.00 :1 o/ll /fU j.,<,. (U -, ::"('ORDED IN hl.-", " "- :" JCFFEf~f30N Comn y Of <" STATE OF COLORADO IUGHT-I\F-\.iAY DF~r;RrPTlUN NL CUH.Nl:.R J/ND AVl:.NIiL AND TF~LLI:;J{ STKt.ET A PARCH (IF l.ANU LOCATLD IN TilE SW ] / 4 OF THE SI:; 1/4 OF THE NE 1/4 OF SECTION 2b, T3S, Rb'iW, OF Tm~ 6111 P.~l., BEING MORE PARTICULARLY DESCRIHJ::U AS FOLLOWS: HEGINtHNC AT THE SW CORNER Of THE SE 1/4 OF THE NE 1/4 OF SAID SECTION 26; "THl:.NCJ:: N 00'00' 00" E, ALONG Tllli WEST LINE OF THE SE 1/4 OF TItE NE 1/4 OF SAID SECTION 26, 30.00 FEET; THENCE N 90QOO'OO" E, 20.00 fEET, TO A POINT ON TIlE NORTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE, SAID POINT BEING TilE TRUE POINT OF BEGINNING; THENCE N 90'00'00" E, 12.50 FEET ALONG SA ID NORT\olERLY RIGHT-Of-WAY BEING 30.00 FEET NORTIl OF AND PARALLEL TO THE SOUTH LINE OF THE NE ] / 4 OF SAID SECTION 26; THENCE DEPARTING SAID NORTHERLY RIGHT-Of-WAY ALONG THE ARC OF A CURVE TO THE RIGHT 1'3.64 HET, HAVING A RADIUS OF 12.50 FEET WITH A DELTA OF 90'00'00" AND WHOSE CHORD BEARS N 45'00'00" W, 17.68 FEET; THENCE S 00'00'00" \oJ, 12.50 FEET TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 33.53 SQUARE FEET, MORE OR LESS. OWN~K: MAKY~. ~COYK -- 'Ii r! .... '{ " ""'-'......--~--_... 1 ."