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RECEPTlOlIO. F1320035
9/18/2001 10:47:06 PG: 001-001
PAGE FEE: 5.00 DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORADO
PERMANENT EASEMENT
Project No.. S-SCP-O 1-00
Location. 5695 W.38th Ave.
Wheat Ridge, Colorado 80212
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KNOW ALL MEN BY THESE PRESENTS, that Robert E. Gregory, Sheryll D. Gregory and James J. Hamilton, whose address is 5695 W 38th
A venue, Wheat Ridge, County of Jefferson, State of Colorado 80212, hereInafter called the "Grantors" for and In consideration of the sum
ofTen Dollars and noli 00 ($1 0.00) and other valuable consideration to Robert E. Gregory, Sheryll D Gregory and James J Hamilton in hand
paid by the City of Wheat Ridge, does hereby give and grant to the City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and
across the following described premises to-wit:
A tract of land lying in the SE 1/4 of Section 24, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat
Ridge, County of Jefferson, State of Colorado, described as:
A part of Block 26, Steward Gardens, being a portion of those lands as described at Reception Number 90049401 of the official
records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Corner of said SE 1/4 of Section 24, Whence the SW Comer bears S 89059'58"W, a distance of
2648.15 feet; Thence S890 59' 58"W along the South Line of said SE 1/4, a distance ofl626.06 feet to a point; Thence NOooOO'02"W
leaving said South Line, a distance of30.00 feet to a point on Ihe j\iortherly Right-of-Way of West 38th Avenue and the Point
of Beginning;
Thence S 89059'58" W along said Right-of-Way, a distance of65.00 feet; Thence N45000'02"W leaving said Right-of-Way, a
distance of 21.62 feet; Thence NOOo 16'59"W, a distance of 9.55 feet to point on the Easterly Right-of-Way of West Eaton Street;
Thence S45000' 02"E leaving said Right-of-Way, a distance of20.27 feet; Thence N89059'58"E, a distance of66.00 feet; Thence
SOooOO'02"E, a distance of 1 0.50 feet to the Point of Beginning.
NOTE: All bearings are relative to one another and are based on the bearing of the South line of the SE 1/4 of said Section 24 as
being S89059'58"W
For the purpose of' The construction, maintenance, and operation of the City's irrigation system, streetscape elements including
but not limited to plant material, street fumiture and other items shown in Wheat Ridge Project #S-SCP-02-01, including payment
of the water bill for water tap number WRWD #4390 The City's irrigation system and the property owner's water service shall be
and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following tenns and conditions: To the extent pennitted by law, and without waiving any immunities, protections,
or defenses available at common law or under statute, including, without limitation, the Colorado Governmental Immunities Act,
Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold hannless 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 said streetscape elements and irrigation system by and/or for the City of Wheat Ridge on the
property subject to this easement.
Said tract contains 888 square feet (0.0204 acres) ofland, more or less.
Also known by street and number as: 5695 West 38'h Avenue, Wheat Ridge, CO 80212.
And the Grantors hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and
lawful right to grant this easement.
IN \VIT~.rESS "VHfPF>')r.', ',<.~ h:~v~~~ here:!ntLJ ~o;-'t our ~:l~ds ~~!~
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mes J Ha;;:ilton, Grantor
STATE OF COLORADO )
) SS.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this /'1 K day of ,Se.p+ e~~, 2001, by Robert E. Gregory, Sheryll K. Gregory,
and James J Hamilton.
My commission expires Ao..., I L/ z.ca)
.
Witness my hand and official seal.
SEAL
O~ L. n7~
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A. Vennaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150, Aurora,
Colorado, 80014 and is not to be construed as representing a monumented land survey