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HomeMy WebLinkAbout0410 REL~PTiON NU. FU44085b 21.00 PG: 0001-004 230 RECORDED IN JEFFERSON COUNTY, COLORADO 7/09/97 9:58:17 ~ i PERMANENT EASEMENT Parks & Recreation Location: 3637 A UPHAM ST. Wheat Ridge, Colorado I~ KNOW ALL MEN BY THESE PRESENTS, that JEFF CO HOUSING CORPORA nON, whose address is 6025 W 38TH A VENUE, Wheat Ridge, County of Jefferson, State of Colorado, hereinafter called the "GrantorlS)" for and ill consideratIon of the sum ofTEN DOLLARS ($10 00) and other valuable consideration to JEFFCO HOUSING CORPORA nON in hand paid by the City of Wheat Ridge, hereinafter called "an", does hereby give and grant to said City PERMANENT EASEMENT on, along, over and across the following described premises to-wit: A tractofland located in the northwest Yo of Section 26, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: Commencing at the northeast comer of said Section 26. See Attached Exhibits "B" pages I and 2 NOTE: All bearings are relative to one another and are based on the bearing of the NORTH line of the NE Yo of said Section 26 being S 89038'14" W For the purpose of: CONSTRUCTING A PLAYGROUND AND LANDSCAPE IMPROVEMENTS. See Attached Exhibit "A" Subject to the followmg terms and conditions: The City agrees to hold harmless the Grantor(S) from and agamst any smt, claim, attorney'S fees, loss or damage, including personal mJury or loss of life, wluch may occur as a result of negligent construction or maintenance of said playground by and/or for the City on the property subject to this easement. Said tract contains 11770 square feet more or less. Also known by street and number as: 3637 A, Wheat Ridge, Colorado, 80033 And the Grantor(S) hereby covenant(S) with the City that JEFFCO HOUSING CORPORA nON have good tltle to the aforedescribed premises; and that THEY HAVE good and lawful right to grant this easement. IN WITNESS WHEREOF, WE have hereunto set OUR hand(S) this 9th day of June A.D., 1997 ~~:~ NORMAN BURKPILE, Grantor Grantor PRESIDENT, JEFFCO HOUSING CORP STATE OF COLORADO ) ) SS ) COUNTY OF JEFFERSON The foregomg mstrument was acknowledged before me this%day of ;:?t~~t" BURKPILE, PRESIDENT, JEFFCO HOUSING CORPORATION MY COMMISSION EXPIRES 71301lOOO My commission expires _ 199_ Witness my hand and official seal. ,1997, by NORMAN , aY~ ~~ ~; Notary Public SEAL 7500 W 29th Avenue Wheat Ridge, Colorado 80215-6713 The drafter of this descriptlon is, prepared on behalf of the City of Wheat Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80215-6713 and is not to be construed as representing a monumented land survey EXHIBIT "A" ADDITIONAL TERMS AND CONDITIONS 1 This easement authorizes the City to: ? (1) Design a neighborhood playground and landscape improvements on .33 acres of property owned by the Grantor (2) Construct the playground and landscape improvements using contractors and/or force account employees. (3) Maintain the playground equipment, playground surfacing and edger (4) Provide a water tap and irrigation system to irrigate the landscape Improvements. The City shall maintain the irrigation system. (5) Supply and apply any fertilizer and herbicide to the landscape improvements as needed. 2 The Grantor shall. (1) Allow access to the playground by the public for use of the playground, (2) Maintain the landscape improvements, i.e., mow grass and weed shrub beds, 3 The City shall indemnify and hold harmless the Grantor(s) from and against any suit, claim, attorney's fees, loss or damage, including personal injury or loss of life, which may occur as a result of negligent constructIOn or maintenance of the within authorized playground and landscape improvements by and/or for the City on the property subject to this easement. The City does not hereby waive any immunity or defense under the Colorado Governmental Immunity Act, 24-10-101, C.R.S The Grantor shall indemnify and hold harmless the City from and against any suit, claim, attorney's fees, loss or damage, including personal injury or loss of life, which may occur as a result of any act or omission of Grantor EXHIBIT B A TRACT OF LAND LOCATED IN THE NORTHWEST ONE-QUARTER OF THE ~ NORTHEAST ONE-QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 :J WEST OF THE 6TH P.M., CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 26; THENCE S. 89038'14"W. ON AN ASSUMED BEARING, ALONG THE NORTH LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26 A DISTANCE OF 1974.70 FEET; THENCE S.00019'44"E. PARALLEL WITH THE WEST LINE OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26, A DISTANCE OF 557.06 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING S.00019'44"E. A DISTANCE OF 107.00 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF SAID SECTION 26; THENCE N.89039152"E. ALONG THE SOUTH LINE OF THE NORTH ONE-HALF OF THE NORTHWEST ONE-QUARTER OF SAID NORTHBAST ONE-QUARTER A DISTANCE OF 110.00 FEET; THENCE N.00019'44"W. A DISTANCE OF 107.00 FEET; THENCE S.89.39'52"W. A DISTANCE OF 110.00 FEET TO THE TRUE POINT OF BEGINNING, CONTAINING 11,770 SQUARE FEET, MORE OR LESS. THE ABOVE DESCRIBED PARCEL IS SHOWN ON A MAP A COpy OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. PREPARED BY; STEVEN D. LISTER FOR ~~ ON BEHALF OF: LANE ENGINEERING SERVICE, INC. 9500 WEST 14TH AVENUE LAKEWOOD, COLORADO 303-233-1681 REVISED 6/03/1997 PREPARED 5/22/1997 PROJECT J69-7 SHEI;;T 1 OF 2 EX~-11 BIT B 4 \1: r- - - - - _sT890 3~ :J.i.- Y! - - ~ ;- - --- - -+ v 658.99' 1974.70' V NORTHEAST CORNER I NORTH 1/4 CORNER SECTION 26 I SECT I ON 26 I BRASS CAP IN BRASS CAP IN RANGE RANGE POINT BOX 1 PO I NT BOX LS 132 I 2 LS 13212 I I I I wi ~I'N :<t0l Ol-.i ;;-I'~ ON o (f) 1 j -~ENTER SECTION 26 ~ ~RASS CAP IN RANGE POINT BOX LS 13212 w . '<to '<t'<t ~o r--. o If) olf) o SCALE 1-. 40' ~ o (f) TRUE POINT OF /' BEGINNING S 89039'52"W 110.00' w . '<to '<to . 0 0'1 . -r--. o 0 g- (f) N 89039'52"E 110.00' , I'l- 20 40 >- <! ~ I LL 0 I l- I ~ (9 . OC '<to '<to 0 ' 0 0'1 . '<t r--. I- o 0 g- W W OC Z I- (f) :::::!: <! I a.. ::::> PREPARED BY: LANE ENGINEERING SERVICE. INC. 9500 WEST 14TH AVENUE. LAKEWOOD. CO 80215 TEL: (303) 233-4042 FAX: (303) 233-0796 PREPARED 5/22/1997 PROJECT J69-7 SHEET 2 OF 2 I 60