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RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
RECEPTION NO. 85101315
10/21/85 11:40 9.00
1',\1,( FL. No. W!{-113
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TtlL-, AGREH1ENT lIIade this --> day 01 ,- U...,' 19~,
between Rich~.!:d G. Minshal..l ansLJoh.!} A~inshall and_.John W. Minshall
ot the ('oeHlty of .--::'etterson ___, .' State of Colorado, herein call"d
the first party(ies) and THE CITY OF WHEAT RIDGE, a Colorado Ilome-Ru10 City
of the County of Jefferson, State of Colorado, herein called the S"cond
Pal ty:
WITNESSETH, that the said first partv(ies) for and in consideration
of the SUIII of One and_no/l00-----------~ ,----------------------- DOLLARS
to the said first party(ies) in hand paid ['y the second party, the receipt
whereof is hel"pby conf('sscd and acknnwledgf'd, hrtve grClnted , bargainl'd,
sold, and conveyed and by these presents do grant, bal~ain, sell, convey
and contirm unf 0 the said second party; cs S11ccessors and assigns forever
a perpetual easement, situate in the County of Jefferson, StaLe of
Colorado, described as follows, to-wit,
Said ,casement is lkscribed on EXlILBIT A "ttaclwd hereto and
incorporated bpl-cin, incluJLng the rigbt of irlgr' ss 31Jd egress LO Cind [10m
said trnct of l;lnd for the purpose of conslrli,.iiu!:;, rc'-con~~Llllct;(lg, repairing,
ol'crating, and mainlainLng on the above descrH,,'d land ;"nd/or ill or "pan
all streets, roads or high~3Ys abutting said l~nds, a public roadway,
includir'g gutters, storm d, tins, si,le,"alks "nd bike paths; and the firsL
par' y(ic,s) do hereby license, pe1mit, or othC'rwise agrceto Lhe joint use
or nccupallcy of the plJbl ic ro<\d\l;~Y by ;)Il\' (1: her- person, associ;lliun,
corporation, or govL~rntw?ntal hJdy for p.lecLlification, water servicf>,
fir',' protection, set"age, cable,ision, telephone or any other utility
services deemed necess;lry b' tilt' seLOtld ~'al-Ly.
To have Clnd co hold t!'" said p,'5e""'IIt. ibuve bargained and dr'scribed,
unt:l the second party, it.s 5Ucc\:.ssors .3.l"}d flssigns forcvpr. The first
parlyCics) covenant thal they ale l.hc Ovl!1crs of the ilbove dc'scrib..d
lands and that said lands are frpc and clear of enrumbrances and liens of
whatsoever character, ,.:xcept those eas<,mcnts and rights-of way of record
and those held by thE. tollowing:
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The first [ldrLyCies) agree tk,t all farili t les installed un the above
described easen.ent at Lhe second party's expense, sh.,ll remain the properLy
of t.he second party, rClllovable at the option of the second p'lrLy.
It is further understood and agreed by 'he first psrty(ies) that the
compensation paid for this eaS,",Trent will be aLcepted as full compensation
for all dama\~e calised by the e,rercise of any of the rights herein granted;
excrpt tha, the second p,lrty "'dLl remain liable for any ddmage to
landscape and any direct phys kal damage Laused to the property of the
first paL'l:y(ies) by its COll iuction forces in the er:ecUon and
maintenance of said puhlic , ,adway.
IN W1TNESS WHEREOF, th0 first party(ies) have hereunto set their hands
and seals the day and year above written.
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-jj,Rlchar,d G. Mlnshall
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, John W. ~shall
STAlE Uf COLORADO
COUNTY OF Jefferson
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The foregoing instl\1nlCi1t ~vas "lcknowlcdfcd b.,rort:, fllE:. this.! ~ / day
of--..2J.-...LI.1:___ lY..fJ__, by Rich~rd ~ Minsh..i~,LL~,,_d_Iohn___,^,_,_Min'?.h9.l1__i:md,
",.}..2.1m W. MiDshaJJ__.________,__,___ _____ .____,,_.,__
v.'rTNE~'S my I,-,nd and officia) se"l.
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Nor A R Y P U H L ] C
RECEPTION NO. 85101315
EXHIBIT A
Parcel Uo. 113
Grantor: Ridulrd G. f'linsh.1LL and Juhn ^. t'1illshall
and John \1. I'ILnslwLl
^ 66 foot wide strip of land over that portion of deed to W. L.
K. L. Johnson recorded t1ay 23, 1983 in Recc>ption No. 8301\6090,
County Records, 33 feet on each side of the center 1 inl:' which is
as fo1101IS:
Johnson &
Jefferson
described
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Beginning at the west one-quarter corner of Section 20, Township 3
South, Range 69 West, of the 6th P.M.;
thence N 00008.6' W, (bearings for this description are relative to
one another) 566.9 feet along the west line of said Section 20;
thence S 77017.5' W, 0.1 feet to number 371, a 7/8" diameter steel pin
(0.9' below asphalt surface), said stepl pin being Station 0-15.1\fJ;
thence N 77017.5' E, 61\2.9 feet to number 376, a steel pin (2.5' bel 0'"
asphalt surface), said steel pin being Station 6+27,40;
thence S 89041.9' E, 2013.7 feet to the north-south centerline of said
Section 20;
thence continuing along aforr',;aid bearing 7.9 feet ~o numher 369, a 1"
diilmeter steel pin (1.7' bel"I! asphalt surface), s"id steel pin being
Stiltion 26+1\9.06;
thence S 89041.3' E, to the west line (extended) of deed to Thomas
Clyde Cregory and Emogene Gl'egory, recorded August 23, 1946 in Book
51\5, 0 page 17, Jefferson County Records, said I-Iest line
(approximately Station 43+95) is the TRUE POINT OF BEGINNING for the
north 33 feet of said 66 foot wide strip;
thence contimling along aforesaid bearing to the l'IeSt line (e1tended)
of deed to Yieaver Realty Inc., a Colorado Corporation, recorded April
16, 1982 in Reception No. 82025423, Jefferson County Records, said
west line (approximately Station 44+80) is the TRUF POINT OF SEGINNING
for the south 33 feet of said 66 foot wide strip;
thence continuing along aforesaid hearing to number 373, a 7/8"
diameter steel pin (1.4' below asphalt surface), said steel pin being
Station 52+95.97;
thence S 89043.5' E, 1324.8 feet to number 377, a 7/8" diameter steel
pin (0.6' below asphalt surface), said steel pin being Station
GG+20,79;
thence S 89043,5' E, to the east 1 i ne (('7 tended) of deed to Ben
S~rnle, individually and I3.S.S,R. Investment Company, recorded ~"ay 11\,
19:9 in Reception No. 79042095. Jefferson CO\lnty Records, said east
1 ine (approximately Station 75+9(]) is th,' POINT OF TERtlItJUS for the
north 33 feet of said 66 f00t wid" strip;
thence continuing along aforesaid bearing to the east line (extended)
of deed to Ralph L. Stilfford and Richard 0, DeVries, recorded June
23, 1982 in Reception ~Io. 8201\2868, Jefferson County Records, said
east line (approximately Station 76+80) is the POINT OF TERMINUS for
the south 33 feet of said 66 foot wide strip;
thence continuing along aforesaid bearing to number 3'14, a 3/4"
diameter steel pin (1.3' below asphalt surface), said steel pin being
Stalion 79144.Q5:
thence S 89031.1' E, 0.0 feet to the north-south centerl ine of said
Section 21;
thence continuing along aforesaid bearing 2654.1 feet to number 375, a
point on the east line of said Section 21, said point lies N 00.06.3'
E, exactly 580.27' from the east one-quarter corner of said Section
21.
Point nll~lbers 371, 376,369,373,377,371\ and 375 are points eithpr found
or developed from a survey believed to have been established hy H.W.
Gardner, County Surveyor, prior to 1930. Please reference Plat Book ^,
Page 14 and 15, Jeffet'son County Records.
a : \,'41\1 g 1 . 113
RECEPTION NO. 8~lfl'10'1~
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CERTIFICATION
I, John S. Lambert, a registered land surveyor in the State of Colorado, do
hereby certify that the above description was prepared for the City of
Wheat Ridge, 7500 v/. 29th Avenue, Wheat Ridge, Colorado, 80033, by me and
on behalf of Sellards & Grigg, Inc., 143 Union Blvd., lakewood, Colorado,
80228.
I further certify that the centerline of the 66 foot wide strip was field
located under my direct sup"rvision and checking during 1984 from the use
of Plat Book ,~, Pages 14 and IS, Jefferson County Records. The parcells)
affected (if any portion) was determined from a records search performed at
Jefferson County Records. It is from the above recitl'd instPJ!;)ents that
their impact (if any) with the 66 foot wide strip was reconciled from the
use of those instruments, together with the perimeter of said Sections 20
and 21. No land survey of the individual parcel(s) were performed or
intended 10 imply any di rect or i ndi rect representati on to a monumented
land Surveyor Plat as defined under subsections (1 through 5, 7,8 and 9)
of Section 38-51-100.3, C,R,S, 1973 (1979 Supp.). IMPORTANT NOTE: The
instrument recorded in Plat Book 84 , at Page 4 , Jefferson County
Records is to be made a part of thlls Exhibit A as ~ritten on the face
hereof. It is the intent of this scrivener that this Exhibit ^ shall take
precedence over the instrument recorded in sai d Pl at Book 84 at
Page_~_ should a conflict arise.
NOTICE: According to Colorado law you must commence any legal action based
upon any defect in this survey within six years after you first discover
such defect. In no event, may any action based upon any defect in this
survey be commenced more than ten years from the date of the certification
shOlm hereon.
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Checkeaoy:' Ronalcr-r:-laC'y
4/1/85
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Jo n S. Lambert, PLS
4/1/85