HomeMy WebLinkAbout0550Wheat Ridge
650
Easement
2017036286 4/6/2017 10:45 AM PGS . 4 $28.00 OF $0 00 Electronically Recorded Jefferson County CO •
Faye Griffin, Clerk and Recorder 'ro1000 N
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that MVG Kipling Ridge LLC, a Colorado limited liability
company, whose address is 2240 Blake Street, Suite 200, City and County of Denver, State of Colorado,
hereinafter called the "Grantor" for and in consideration of the sum of TEN and 00/100 ($10.00) and
other valuable consideration to them 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:
Lot 4, MVG Marketplace Subdivision Filing No. 1, a tract of land lying in the NE'A of Section
28, 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 East line of the NE 'A of said
Section 28 as shown on the City of Wheat Ridge Control Diagram which bears S00°12'38"E,
being monumented on the Northeast Comer by a 3W' AL cap LS13212 and the Southeast Corner
of said NE Vt Section by a 3W' AL cap LS13212, T.3S., R.69W. of the 6h P.M.
For the purpose of The construction and maintenance of a shelter, bench, trash receptacle, and
other associated appurtenances to a bus stop of the Regional Transportation District.
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 Imm.unities Act, Section 24-10-101, et
seq., C.R.S., the City. individually and for itself only, agrees to hold harm.less 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 by and/or for
the City on the property subject to this easement.
Said tract contains 171 square feet (0.0039 acres) more or less.
Also known by street and number as: 3725 Kipling Street, Wheat Ridge, 80033.
And the Grantor 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 WITNESS WHEREOF, We have hereunto set my hand this sf'--day of thln l A.D.,
2017.
MVG KIPLING RIDGE LLC,
a Colorado limited liability company
By:_--'__,....__-=---------Name: J n than Rankin,
Title: S ior Vice President
an Chief Financial Officer
STATE OF COLORADO
COUNfY OF JEFFERSON
)
) SS.
)
The foregoing instrument was acknowledged before me this s±::"day of '\l ri l , 2017, by Jonathan
Rankin, Senior Vice President and Chief Financial Officer, Confluent Development, LLC.
My commission expires ~ t.;, 3 , 'LoZ..v . Witness my hand and official seal.
1-"}"\ lil/'~ =c Notary Public
STATE OF COLORADO
NOTARY ID 19944015957
MY COMMISSION EXPRES FEBRUARY 3, 2020
The drafter o 111 ription 1s Hamid J. Ponserella. RLS No. 29766, prepared on bebalC of the City of Wheat Ridge, 7500 W. 29th Ave., Wheat
Ridge, Colorado, 80033 and is not to be construed as representing a monumented land survey.
COTTOIMWOOID> SWJIRVIEYDIMG £!MID> £810CD£ T~S, OrHIC
P.O. BOX 694. STRASBURG. CO 80136 PHONE OFFICE (303) 549-7992
SCALE 1" • --CHECKED BY:----JOB NO. 2013-14/2016-90 SHEET_1_ Of .L
NOTES: DATE 03 I .1]_ I _!I_ B"( __ P_O_NS _____ _
IPIEIRUHIA~l!IMT IBlUJS STOIP SIMllEL TER E/A\llEHIEIMT
LEGAL DESCRIPT10N:
A BUS STOP SHELTER EASEMENT OVER AND ACROSS LOT 4, MVG MARKETPLACE
SUBDIVISION FILING NO. 1, AS RECORDED UNDER RECEPTION NO •. 2014078866
OF THE RECORDS OF THE COUNTY OF JEFFERSON, SITUATE IN THE NORTHEAST
QUARTER OF SECTION 28, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M.,
COUNTY OF JEFFERSON, STA TE OF COLORADO, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 4;
THENCE SOOi2'JB"E ALONG THE EAST LINE OF SAID LOT 4, A DISTANCE OF 78.90 FEET
TO THE POINT OF BEGINNING;
THENCE $00i2'JB"E CONTINUING ALONG SAID EAST LINE OF LOT 4, A DISTANCE OF
24.03 FEET;
THENCE S89°47'22"W A DISTANCE OF 7.12 FEET;
1HENCE N00'12'3B"W A DISTANCE OF 24.03 FEET;
'THENCE NB9°47'22"E A DISTANCE OF 7.12 FEET TO THE POINT OF BEGINNING
CONTAINING 171 SQUARE FEET OR 0.0039 ACRES MORE OR LESS.
BEARINGS ARE BASED UPON THE EAST LJNE OF THE NORTHEAST QUARTER OF SAID
SECTION 28 AS SHOWN ON THE CITY OF WHEAT RIDGE CONTROL DIAGRAM WHICH
BEARS SOOi21J811E BEING MONUMENTED AT THE NORTHEAST CORNER BY A 3-1/4
INCH ALUMINUM CAP LS 13212 IN A MONUMENT BOX AND THE SOUTHEAST CORNER
OF THE NORTHEAST QUARTER OF SECTION 28. T.35., R.69W. OF THE 6TH P.M.,
BY A J-1/4 INCH ALUMINUM CAP LS 13212 IN A MONUMENT BOX.
SURVEYOR'S CER11FICA 110N:
COTTOIMWOOlO> llUJmlYEWDIMG /lMD £180CDA TIES, DIMC
P.O. BOX 694, STRASBURG, CO 80136 PHONE OFFICE (303) 549-7992
SCALE 1 • • 20' CHECKED BY:
NOlES:
----JOB NO. 2013-14/2016-90 SHEET _L OF _L
DAlE .Q! I 2!... I ...!L BY __ P_ON_S ------
IPEIRIHIAIMIEIMT IBlUJ8 8'1rOIP 8IMll!IL TIER IEAllEIHJIEIMT
IEXIHIDIBDT 'IA'
LOT 3
10' D ci: UT ESMT. RECP. No. 2014078866
N90YJO'OO"E 128.46'
5' D & UT ESMT. RECP. No. 2014078866 -------1
P.0.8.
N89"47'2211£
7.12'
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~ 0 I < 2: ~ e5 I~~ c -
~ I ~~11 C\j 0 ~~ 1'
BAR SCALE
0 10 20 40 SB9"47'22nW
Scale 1" = 20'
THIS DRAWING DOES NOT REPRESENT A
MONUM£NTW LAND SURVEY. IT 15
INT£NDED ONLY TO DEPICT 1HE A ITACHED
LEGAL DESCRIPTION.
7.12'
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~ ~ C\I r-0 0 (/)
...
0 0 .,.,
co ~
NE COR.
SEC. 28
FND 3-1/4• ALUM
CAP LS 13212 IN
MON. BOX
W. R/W LN. KIPLING ST.
RECP. No. 2014078866
BUS STOP EASEMENT
171 S.F.±
O.OOJ9 AC.±
E1/4 COR., SEC. 28
FND 3-1/4" ALUM
CAP LS 13212 IN
MON. BOX
LENDER CONSENT
The undersigned, the beneficiary under that certain Deed of Trust, Security Agreement,
Financing Statement and Assignment of Rents and Revenues dated December 9, 2016, and
recorded December 9, 2016 at Reception No. 2016130732 in the office of the Clerk and
Recorder for the County of Jefferson, Colorado, as the same may be amended or supplemented
from time to time (the "Deed of Trust''), which Deed of Trust encumbers the premises subject to
this Permanent Easement (the "Easement"), hereby consents to and approves (but does not
subordinate its lien or any rights to) the Easement. The Easement shall not be extinguished,
limited or affected to any extent by any foreclosure of the Deed of Trust.
Guaranty Bank and Trust Company, a Colorado ? ~ration L\ ~ ~
arren M. Robinson, Senior We President
STATE OF COLORADO )
) SS.
CITY AND COUNTY OF DENVER )
The foregoing instrument was acknowledged before me this ~day of . · / , 2017, by
Darren M. Robinson as Senior Vice President of Guaranty Bank and Trust Company, a Colorado
banking corporation. / ~ ,// '
j..I'~ /l. ~
Notary Public
(Seal and Expiration)
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