HomeMy WebLinkAbout05492016023202 3/14/2016 9:Yr'88~t Ridge Wheat Ridge
...
PGS 3 $21.00 DFi
Electronically Recorded Jefferson County, C
Faye Griffin, Clerk and Recorder TD1 ooo N
PERMANENT EASEMENT
Location: 7850 W 44111 Ave.
Wheat Ridge, Colorado 80033
~~l
KNOW ALL MEN BY THESE PRESENTS, that 7850 W 44tb Ave., LLC, whose address is 6143 S
Willow Dr. Suite 300, Greenwood Village, County of Arapahoe, State of Colorado, hereinafter called the
"Grantor" for and in consideration of the sum of TEN and 00/100 DOLLARS ($10.00) and other
valuable consideration to it in hand paid by the City of Wheat Ridge, hereinafter called "City", does
hereby give and grant to said City PERMANENT EASEMENT on, along, over and across the following
described premises to-wit:
A tract of land lying in the SWY4 of Section 23, Township 3 South, Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as:
-See Exhibit A (2 pages) hereunto attached and incorporated by this reference -
NOTE: All bearings are relative to one another and are based on the North line of the SW Y4 of
said Section 23_as shown on the City of Wheat Ridge Control Diagram which bears N 89° 41'47"
E, being monumented on the West Quarter Comer Section 23 by a 3 W' Brass Disk PLS 13212
and the Center Quarter Comer Section 23 by a 31/.i'' Brass Disk PLS132l2, T.3S., R.69W. of the
61hP.M.
PURPOSE:
The stormwater quality & detention area (hereafter referred to as the "Area") described herein
and identifed as "STORMWATER DETENTION EASEMENT'' on Exhibit "A" shall be
constructed and maintained by the owner and subsequent owners, heirs, successors and assigns.
In the event that such construction and maintenance is not perfonned by said owner, the City of
Wheat Ridge shall have the right to enter such Area and perform necessary work, the cost of
which said owner, heirs, successors, and assigns agrees to pay. No building or structure will be
constructed in said Area and no changes or alterations affecting the hydraulic characteristics of
the Area shall be made without the approval of the Director of Public Works.
Subject to the following terms and conditions: To the extent permitted 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 harmless the Grantor 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 sidewalk by and/or for the City on the property subject to this
easement.
Said tract contains 7 ,361 square feet (0.169 acres), more or less.
Also known by street and number as: 7850 W. 44111 Avenue, Wheat Ridge, CO 80033.
And the Grantor hereby covenants with the City that it has good title to the aforedescribed premises; and
that it has good and lawful right to grant this easement.
ye hereunto set my hand this ~day of (e&ct/Jtef A.O., 2016.
STATE OF COLORADO
COUNTY OF JEFFERSON
)
)SS.
)
The foregoing instrument was acknowledged before me this lb 13--day of fub rv4.V"J , 2016, by
William Lyons, Jr.
My commission expires
l<ATHRYN RASMUSSEN
NOTARY PUBUC
, 3.0 I 9 . Witness my hand and official seal.
STATE OF co1,.0RADO
NOTARY lO 20154008026 tlfca@~~~~
(!llT,_,{J;{) ~ -Ntar;P\lbc
The drafter of this description is Robert J. Hennessy, P.L.S, prepared on behalfof78SO W. 44111 Ave., LLC, 6143 S Willow Dr. Suite 300,
Greenwood Village, Colorado, 80111 and is not to be construed as representing a monumented land survey.
STORM WATER DETENTION EASEMENT
EXHIBIT A
PAGE 1 OF2
A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF
WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARINGS:
BEARINGS ARE BASED ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 23, BEING CONSIDERED TO BEAR NORTH 89°41'47" EAST, A
DISTANCE OF 2,637.24 FEET BETWEEN THE FOLLOWING DESCRIBED
MONUMENTS:
-WEST QUARTER CORNER SECTION 23 FOUND 3.25" BRASS DISK PLS 13212 IN
RANGE BOX MATCHES MONUMENT RECORDS ON FILE.
-CENTER QUARTER CORNER SECTION 23 FOUND 3.25" BRASS DISK PLS 13212 IN
RANGE BOX MATCHES MONUMENT RECORDS ON FILE.
COMMENCING AT SAID WEST QUARTER CORNER;
THENCE ALONG SAID NORTH LINE NORTH 89°41'47" EAST, A DISTANCE OF
1,754.94 FEET TO THE INTERSECTION OF SAID NORTH LINE AND THE WESTERLY
LINE EXTENDED OF LOT 1, CHARLES GRAUL JR. MINOR SUBDIVISION, REC.
#85126408;
THENCE ALONG SAID WESTERLY LINE EXTENDED AND THE WESTERLY LINE OF
SAID LOT 1SOUTH00°16'16" EAST, A DISTANCE OF 206.47 FEET;
THENCE NORTH 89°41'47" EAST, A DISTANCE OF 22.95 FEET TO THE POINT OF
BEGINNING;
THENCE CONTINUING NORTH 89°41 '47" EAST, A DISTANCE OF 165.29 FEET;
THENCE SOUTH 00°29'58" EAST, A DISTANCE OF 44.53 FEET TO A POINT BEING
9.00 FEET NORTHERLY OF THE SOUTHERLY LINE OF SAID LOT 1;
THENCE 9.00 FEET NORTHERLY OF AND PARALLEL TO SAID SOUTHERLY LINE
SOUTH 89°41'47" WEST, A DISTANCE OF 165.29 FEET;
THENCE NORTH 00°29'58" WEST, A DISTANCE OF 44.53 FEET TO THE POINT OF
BEGINNING.
CONTAINING 7,361 SQUARE FEET OR 0.169 ACRES, MORE OR LESS.
~··
..
STORM WATER DETENTION EASEMENT
EXHIBIT "A,,
PAGE 2 OF 2 WEST ! CORNER SECTION
23 FOUND 3.25" BRASS CITY REPORTS THIS DISTANCE AS 2637.21 '.
CENTER ! CORNER
SECTION 23 FOUND
3.25" BRASS DISK IN
RANGE BOX MATCHES
MONUMENT RECORDS ON
DISK IN RANGE BOX THIS SURVEYORS OBSERVED MEASUREMENT IN THE FIELD
MATCHES MONUMENT MADE UNDER MY DIRECT SUPERVISION IS AS SHOWN.
RECORDS ON FILE. /
PLS13212
-N89"41'47"E 2637.24'
1754.94' POINT OF
COMMENCEMENT
~, ------,/~r\-
lH 0 0 o.
\
I
!:i: LINE SW 1/4, A SECTION 23 -
CHISELED CROSS
FILE. PLS 13212
BASIS OF BEARINGS ~
WEST 44TH AVENUE
(64' RIGHT-OF-WAY)
4.oo·--,
LOT 2
CHARLES GRAUL JR.
MINOR SUBDIVISION
0 5 10
I I I
1 INCH = 10 FEET
J
J
.J ~
I~~ ·18 s;;!~ Vi • en
fTlC a; rrlS ;:::--i • S:::::::! ~S ~~~I
~ LOT 1
!" CHARLES GRAUL JR. ~ MINOR SUBDIVISION
LOT 1
CHARLES GRAUL JR.
MINOR SUBDIVISION
I
I N89"41'47"E ..... 22.95'
ciz '0 _.en
~~~ o::O 1-~CII 0 ::> ....1 VJ en w ....I 0:: o::O <(Z :i:-0::::;;:
20.00'
I
30.00'
POINT OF
BEGINNING
N89"41'47"E 8.21'
,. "'' 165.29' -t \ I -:i• ·-
z 0 q
"' <O ui OJ i
UTILITY
EASEMENT
7,361 SQ. FT.
0.169 ACRES ±
EXISTING ZONING
""" ~ . BOUNDARY--
°' (."!_
.-
9.00'
-OUSTING 20-, -
UTILITY &
INGRESS/EGRESS
EASEMENT
165.29'
S89"41 '47"W
LOT 1
CHARLES GRAUL JR.
MINOR SUBDIVISION
UNPLATIED
(/) 0 q
"' <O ui OJ rif
~~ °' ~
..... I I
9.00'
'3.5'--1-
-----~
c:)
~
~
i:::i ~
~ ·t ~ ~
it: ~ ~ ~
J: \2228\21~-038 441H A'IENUE\SUR'IEY\EXHIBllS\5038 ROW AND ESMT EXlllBIT.DWG I · ·a a 2222• LOCATION:A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF
SECTION 23, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH
PRINCIPAL MERIDIAN, CllY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO
0.169 ACRES I TITLE: STORM WATER DETENTION EASEMENT
SCALE: 1''=10' REVISED: 2.17.16 I 2228-215-038 I ROW & ESMT.DWG