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HomeMy WebLinkAbout0169 aD \~ \ l,r, -" 'i; 'r~: EASEHENT I~ECORDED IN COUNTY OF ~:rrERoON STATE OF COLORADO RECEPTION NO. 85101314 10/21/85 11:40 12.00 " I' .~ fWHF.',1 , . iHJJ(;t; l .t:ASl<.., ~~ ~ l~' .-'" ..... day of h, , 19~, TIllS AGREENENT made this / / between DOUGLAS GEORGE WILLIAMS of the County of JEFFERSON the first party(tUl and TilE CITY OF of the County of Jefferson, State of Party: WlTNESSETII, that the said first party(ies) for and in consideration of the sum of One and no/IOO-------------------______(SI .00) DOLLARS to the said first party(tii) in hand paid by the second party, the receipt whereof is hereby confessed and acknowledged, have granted, bargained, sold, and conveyed and by these presents do grant, bargain, sell. convey and confirm unto the said second party its successors and assigns forever a perpetual easement, situate in the County of Jefferson, State of Colorado, des('ribed as follows, to-wit: Said easement is drC'cribed on EXHIBIT A attached hereto and incorporated herein, including the right of ingress and egress to and from said tract of land for the purpose of constructing, reconstructing, repaIring, operating, alld maintaining on the above described land and/or in or upon all streets, roaels or highways abutting said lands, a public roadway, Including gutters, storm drains, sidewalks and bike paths; and the first party(i!eIs/J do hereby license, permit, or otherwise agreeto the joint use or occupancy of the public roadway by any other person, association, corporation, or governmental body [or electrification, water service, [ire protection, sewage, cablevision, telephone or any other utility services deemed necessary by the second party. To have alld to hold the said easement above bargained and described, UlltO the second party, its successors and assigns forever. The f:irst party(jik/s) covenant that they are the owners of the above described lands and that said lands are free and clear o[ encumbrances and liens of whatsoever character, except those easements and rights-of way of record and those held by the following: , St.qtc of ColorCldo, herein called WHEAT RIDGE, a Colorado Home.Rule City Colorado, herein called the Second 1_1 The first party(iIef.;/J agree that all faciliti"s installed all the above dpscribed easement at the second party's expellse, shall remain the property of the second party, removable at the option of the second party. It is further undprstood Rnd agreed by the first perty(ies) that the compensation paid for this easement will be accepted as full compensation for all damage caused by the exercise of any of the rights herein granted; excppt that the second party shall remain liable for any dal113ge to landscape and any direct physical damage caused to the property o[ the first party(I/e/f/> by its construction forces in the erection and maintenance of said public roadway. IN WITNESS WHEREOF, the first and seals the day and year abov~ P""Y(Wj,~".dl{lti' h.,"do ttt GEORG~L?iAMS STATE OF COLORADO SS. COUNTY OF '-j# MJ.tnA-. ,.-. The fo~egoing in:trurn"nt was acknowledg,e;l be(ore me this of 'l"d'j- ,19L2:...., by bm~ /J WL~ II day WITNESS my hand and official seal. My commission expires ~5-/ y,? " h/rn fhi' cf~~ '/ If NQTAlty PUBLIC RECEPTION NO. 85101314 EXHIBIT A Parcel No. 114 Grantor: fCli/lN W./ )../ei1 /a/rId Iv'/i!ll1NrM kJ j IJtftf Douglas George Williams A 66 foot wide strip of land over that portion of deed to Ella M. William B. Lee recorded April 27, 1938 in Book 387, at Page 458, County Records, 33 feet on each side of the center line which is as follows: Lee and Jefferson described c2 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 steel pin being Station 0-15,48; thence N 77017.5' E, 642.9 feet to number 376, a steel pin (2.5' below 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 aforesaid bearing 7,9 feet to number 369, a 1" diameter steel pin (1.7\ below asphalt surface), said steel pin being Station 26+49.06; thence S 89041.3' E, to the west line (extended) of deed to Thomas Clyde Gregory and Emogene Gregory, recorded August 23, 1946 in Book 545, @ page 17, Jefferson County Records, sai d west 1 i ne (approximately Station 43+95) is the TRUE POINT OF BEGINNING for the north 33 feet of said 66 foot wide strip; thence continuing along aforesaid bearing to the west line (extended) of deed to Weaver 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 TRJE POINT OF BEGINNING for the south 33 feet of said 66 foot wide strip; thence continuing along aforesaid bearing 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 66+20.79; thence S 89043,5' E, to the east line (extended) of deed to Ben Steele, individually and B,S.S,R. Investment Company, recorded May 14, 1979 in Reception No. 79042095, Jefferson County Records, said east line (approximately Station 75+90) is the POINT OF TERMINUS for the north 33 feet of said 66 foot wide strip; RECEPTION NO. 85101314 thence continuing along aforesaid bearing to the east line (extended) of deed to Ralph l. Stafford and Richard D. DeVries, recorded June 23, 1982 in Reception No, 82042868, 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 374, a 3/4" diameter steel pin (1.3' below asphalt surface), said steel pin being Station 79+44.95; thence S 89031.1' E, 0.0 feet to the north-south centerline 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 00006.3' E, exactly 580,27' from the east one-quarter corner of said Section 21. 3 Point numbers 371, 376,369,373,377,374 and 375 are points either found or developed from a survey believed to have been established by H.W. Gardner, County Surveyor, prior to 1930, Please reference Plat Book A, Page 14 and 15, Jefferson County Records. TOGETHER WITH that portion of land (if any) lying within said 66 foot strip described as follows: Bounded on the west by the east line of deed to Ella M. Lee and William B. Lee in Book 387 at Page 458, and on the east by the west line of deed to American Television and Communication Corporation recorded September 13, 1982 in Reception No. 82063624 all in Jefferson County Records. a:w441gl,l14 RECEPTION NO. 85101314 CERTIFICATION t 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 W. 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 supervision and checking during 1984 from the use of Plat Book A, Pages 14 and 15, Jefferson County Records. The parcel(s) affected (if any portion) was determined from a records search performed at Jefferson County Records. It is from the above recited instruments 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 to imply any direct or indirect representation 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 ,at Page ,Jefferson County Records is to be made a part of this Exhibit A as ~ritten on the face hereof. It is the intent of this scrivener that this Exhibit A shall take precedence over the instrument recorded in said Plat Book 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 shown hereon. ~u,4/ c: 4- fnec e by: Ronald C. Lacy , 4/1/85 PLS