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80056lf54
1980 AUG -5
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County 01 Jef!"~,Jn Stale of Co
Recorded IN ,
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COMMISSIO~ERS DeCD
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'.t'\iI.~ IlmEU'J.'lJKL malle this 20th day of May , one thousand
nine hundre,1 ane1 80 betl'/>2en the County of Je[ferson, ~~tate of
Colorado, ilctin<] bi ilnn throu<]h its 1uly constituted una
appoiT1ted Comrai,3;:;ioncr ;larold A. 1\!1c1crso!1 to convey and to exe-
cute <lPP<1, fir.5t L)artj, em 1 the City of 'iJheat Rirl']e, a r:mnicipal
corporation, partj' oI: tlle .3econc1 L'al.-t,
,HTnCS;-.,C'J.'ll:
'l'HA'i' Vlhereas, the i3uan1 oJ:: County COlal'lissioners of the County of
Jefferson, State of ColoraOo, did at a regular meetin<] of saic]
Board held aL the Courthouse in said County on the 30th Jay o[
May , 1\.D. lSlJLO_-, riuly adopt aWl pass a resoTution
authoriz lnq the conveyance of the hereinaf ter described real pro-
perty to second 9arty, and dirt hy said resolutioT1 appoint and
conc;titutf~ the unuersicJned ,1:3 Commissioner to convey and execute
deed for said real estate to second party [or and on behalf of
the said County of Jefferson, state of Colorado, ann did further
authorize the underc,i<]ned to execute thip, e1ee,1 an <.1 to affix the
seal of the County hereto,
NOli, '.l'HCHEF'OEC, FOF: ,,,UD IN COl\:S:::;::lI::n.Z\':'ION of the sum of One Oc::Jllar
Clnc1 other ']ood and villuable considerations, in hanel paid by
second party to sai<1 County of Jetferson, ~.;tate of Colorado,
receipt of \/hich is hereby confessed and Clcknowledgec1, the
undersi<]ned, actin'] as Commissioner aforesaid, does by these pre-
sents remise, release, sell, convey, and quit claim unto second
party its succe~,sors and assi<]ns for so 10n<] as the follo\,in(j
described property is used exclusively for public open space,
~ark and recreational purposes and no longer, all the ri~ht,
ti t 10 I il1tcr-2~.3t, cll.1ir:l ClnJ clell.a.nd \'Jhicl1 t.Ile s~\irl Count] or:
Jefferson, State of Colorado, has in and to the following
(lescribecl real property f3ituate, lyin<j and bein'J in the County of
Jefferson, ~tate of Colorado.
T~e(Jal descriution is attached hereto and incor~)orated
ilerein by reference dS Lxbibit ".1\".
'1'U HAVE AND 'L'u HOLD the sane, togetller with all and c;ingular
appurtenances and privileges thereunto belon<]ing or in anywise
thereunto appertainin']. and all the estate, ri<jht, title,
inLerest ana clain \JlJatsoever, of the silid County o[ Jefferson,
State of Color;:do, ei ther in lall or e(1ui ty, to the only ~Jroper
use, benefit and behoof at tIle ~3aid party of the s(2conll part, its
successors and assi<]ns, but i[ the second party, its successors
and assigns shall use saicl property for any purpose other than
public open space, park and recreational purposes, said property
shall revert to the first party and this (]eec1 shall l:>e null and
void.
CulJN'I'Y OF JL;FFJ~ESUH,
STATE UF COLORADO
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By_~/~LL~"L~_
C rll<lissioner to Convey and to
r::xecute Dee(l [or i.md on behalf
ot Ule County of Jefferson, State
of Color2-1<10
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. puty -':'Clerk a~4ec-6rc.fe-r-
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COUl\j'l'Y Uf JCF'fEl-ZSON
'1'l1''" torecJoincJ instrument \'laS acknmlleJgec1 before !1etllis 20th
day of __ M~, 1\.D. l';.i~, by Harold 1\. Anderson,
Comuissioner: to Convey and Execute l)ee(l for and on beh.'1l;: of the
County o[ Jefferson, State at Color:ado.
;JI';:;JESS L1'j hand and official seal.
M:{ COI.1.r:1is:::;iui1 eX.t-1ires;
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June 18, 1981
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Notary Puulic
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80056~54
l<>~~1..~~)_Lt "[\[1 to Corruni.:-~s L0n(~rS' D20d
between Jefferson County dnd the City ur \'illOClt lhdge
dated the 20th day of Hay , 1980
3
A HcACT OF LA~iD \!ITHIN 44th STREET VILLAGE, OFFICIAL DEVELOPI\[IH PLArl l\ND PLAT AS
REC0RDED 0:; AUGUST 9, 1972 Iii DOor~ 2 AT PAGE 17 OF JEFFERSO:; COUilTY RECORDS, AND
nORE SPECIFICllLLY DESCRICED AS FOLLmIS: .'
CQi,l!.:::NCING AT THE tiE CORiJER OF SECTIm; 21, T 3 S, R 59 H OF THE 6th P .1-1.;
TIlU!CE S 890 15' 10" \-l ALOiJG THE NORTH LIfE OF S!\ID SECTIOiI 21 ^ DISTAUC[ Or
. 1329.48 FEET TO THE IIDRTHI-IEST COR:\ER 1-11/2 E 1/2 tiE 1/4 OF StdD SECTIOn 21;
THENCE S 000 26' 42" E ALONG TllE l'IEST LIrlE OF SAID H 1/2 E 1/2 NE 1/4 OF SECTION
21 AND THE CENTERLINE OF mLLER STREET RIGHT-OF-HAY, A DISTflNCE OF 331.07
FEET;
THENCE 11 890 16' 17" E A DISTANCE OF 30.00 FEET TO THE mST llORTHERL Y NORTH/lEST
CORNER OF SAID 44th STREET VILLAGE SUGDIVISIO~;
. THENCE S 000 26' 42" E .~rlD ALOHG TIlE EASTERLY RIGIIT-OF-:IAY LIrlE OF !,lIllER STREET
A DISTA~CE OF 402.93 FEET TO TIlE NORTlI\,IEST CORNER OF GLOCK 3 OF DRETNALL
GARDENS;
THENCE II 890 13 I 18" E ALmlG TilE NORTH LINE OF SAI D GLOCK 3 OF BRETIIALL GARDENS
A DISTM!CE OF 136.07 FEET;
THENCE S 000 25' 42" E MID ALO:IG THE EAST LINE OF SAID GLOCK 3 OF BREHlALL GARDENS
A DIST/\:ICE OF 282.81 fEET TO TIfE TRUE POINT OF GEGItiimIG;
THENCE N 890 16' 17" E A DISTNlCE OF 493.06 FEET TO A ponlT ON THE EAST LItlE OF
SAID 44th STREET VILLAGE SUGDIVlSION AND THE EAST LIj'lE OF H 1/2 E 1/2 NE 1/4
OF SAID SECTION 21;
THENCE tl 000 24' 21" H AND ALONG Sf\ID EAST LINE OF 44th STREET VILLAGE SUGDIVISION
ArID EAST LINE OF \4 1/2 E 1/2 NE 1/4 OF SAID SECTION 21 A DISTArlCE OF
265.28 FEET;
THEtiCE S 890 16' 17" \.J A DISTMCE OF 498.17 FEET TJ A POHIT orl THE EAST LItlE OF
BLOCK 3 OF flRETNAlL GARDEtlS;
THENCE S 000 25 I 42" E AIlD ALO,IG SAI D EAST LI NE OF OLOCK 3 OF BRETNALL GARDENS A
DISTA:lCE OF 265.28 FEET TO Tll!: TRUE POltlT OF GEGINNltlG. CITY OF WHEAT RIDGE,
COUiITY OF JEFFERSON, STATE OF COLORADO. '
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WHeATRIDGE. COLORADO 00033
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WHEAT R~, .
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Policy of Title Insurance
Issued by
Transamerica Title Insurance Company
SUBJECT TO THE SCHEDUU, OF EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS CON-
TAINED I~ SCHEDULE B AND THE PROVISIONS OF THE CONDITIONS AND STIPULATIONS
HERFOF, TRANS AMERICA TITLE INSVRANCE COMPANY, a California corporation, hercin called
the Company, insurcs, as of Date of Policy shown in Schedulc A, d!(ainst loss or dama!!;e, not cxcceding the
amount of insurance stated in Schedule A, and costs, attorneys' fees and expenses which th" Company may
hecome ohli!!;ated to pay hereun,ler, sustained or incurred hy the insured hy reason of:
I Title to the estate or interest descrihed in Schedule A being vested otherwise than as statcd therein.
2. Any defet:t in or lien or l'ncumbranct:.' on such title
3. Lack of a right of access to and from the land. or
4 l'nmarkdahility of such titlp.
In Witness Whereof, Transamerica Title Insurance Company has caused this policy to be signed and sealed
by its duly authorized officers as of Date of Policy shown in Schedule A.
Transamerica Title Insurance Company
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By
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President
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By
Secretary
A, .. '1 '.::f '..r.:: P R ':' > ,: ,~~._--,
DIVISION OF INSURANCE
DEPARTMENT OF REGULATORY AGENCIES
106 STATE OFFICE BUILDING. 201 E. COLFAX AVE
DENVER. COLORADO 80203
STATE OF COLORADO
RICHARD 0 LAMM
GovrRNOR
J RICHARD BARNES L l" U
CC"'M ~""""ER
May 1, 1977
ROEER~ L BROWN
DlP'.Jr. _C"M'551<".U.
Dear Real Estate Purchaser
Following this letter you wi 11 find a brief explanation of your title
insurance commitment and pol icy.
Title insurance companies are regulated by this Division, as are
other types of insurance companies. This Division makes certain that com-
panies issuing title insurance commitments and title insurance policies are
financially sound, and that they operate in accordance with statutes and
regulations.
We also have a great interest in making certain that you, as the
consumer, understand the purpose of title insurance and that you understand
your rights under your insurance policy.
In the event you are dissatisfied with responses given to your ques-
tions or problems by your title insurance company, you are encouraged to
send your questions concerning title insurance or any complaints that you
may have against your title insurer to this office. We are on hand to make
certain that all your rights and remedies, both under your pol icy and under
law, are available to you at all times.
Sin ce re 1 y ,
~~
~~BARNES, C.L.U.
Commissioner of Insurance
JRB: b I
As a purchaser of a home or other real estate you may receive a Commitment for Title Insurance and a "Policy of Title Insurance Both of
these documents, like many others in connection with your purchase, are contracts creating legal rights which you should read carefully and
which you may wish to have examined and explained by a lawyer or other adviser While the fallowing description of these documents cannot
change the precise terms of these documents, it is hoped that this will help you to understand their purpose and effect and answer some of
your questions about them
QUESTION "WHAT IS TITLE INSURANCE?"
ANSWER. BaSically, it IS a contract with the title insurance company in which the company agrees to defend and indemnify you against
losses which you may suffer because of unreported defects in the title to your property as of the date of the contract. It is not casualty
insurance and therefore does not protAct you against acts of theft or damage to your home by fire, storm and the like Essentially, the
Insurance Insures that you have title to the property subject only to certain exceptions and exclusions listed in the Policy of Title Insurance
Title insurance recognizes the possibility of loss, but transfers the risk of loss from you as property owner to the company ISSUing the policy
For this reason title insurance companies are required to maintain reserves to cover losses
If you are financing your purchase, your lender will ordinarily require that you obtain a separate Lender s POlicy to insure that your property
will in fact serve as security for its loan
QUESTION "WHAT DOES THE PREMIUM PAY FOR?"
ANSWER, The one time non-recurring premium pays for several things It helps to pay for the cost of collecting, maintaining searching
and examining real estate records and certain other public records which relate to your property so that the title insurance company can
uetermlne the Insurability of your title For example the title insurance company will determine whether the publiC records show that your
seller really uwns the property what mortgages or liens la recorded legal claim I may exist. whether there are restrictive covenants on your
CONTINUED ON REVERSE
FORM NO, C-5000-1
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM B- 1970 (AMENDED 10.17-70)
SCHEDULE A
Amount of Insurance S
69,208.33
Policy No.
5305031
Date of Policy
August 5, 1980
10:44 A.M.
Sheet 1 of_3
1. Name of Insured:
CITY OF WHEAT RIDGE, a municipal corporation
2. The estate or interest in the land described herein and which is covered by this policy is:
IN FEE SIMPLE
3. The estate or interest referred to herein is at Date of Policy vested in:
CITY OF WHEAT RIDGE, a municipal corporation
FORM NO C-6000-2
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION LOAN POLICY 1970 (AMENDED 10-17-70)
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10.17-70)
S C II ED U LEA-Continued
The land referred to In this poliey IS situated in the State of Colorado, COllnty of
Jefferson ' and is deseribed as follows'
A tract of land with 44th Street Village, Official Development
Plan and Plat as recorded on August 9, 1972 in Book 2 at Page
17 of Jefferson County records, and more specifically described
as follows:
Commencing at the NE corner of Section 21, T 3 S, R 69 W of
the 6th p.r1.:
thence S 89015'10" H along the North line of said Section 21
a distance of 1329.48 feet to the Northwest corner W 1/2 E 1/2 NE
1/4 of said Section 21:
thence S 00026'42" E along the West line of said W 1/2 E 1/2
NE 1/4 of Section 21 and the centerline of Miller Street Right-
of-Way, a distance of 331.07 feet:
thence N 89016'17" E a distance of 30.00 feet to the most
Northerly Northwest corner of said 44th Street Village Subdivision:
thence S 00026' 42" E and along the Easterly Right-of-I'7ay line
of Miller Street a distance of 402.93 feet to the Northwest
corner of Block 3 of Bretnall Gardens:
thence N 89013'18" E along the North line of said Block 3
of Brethall Gardens, a distance of 136.07 feet:
thence S 00025'42" E and along the East line of said Block 3
of Bretnall Gardens, a distance of 282.81 feet to the TRUE POINT
OF BEGINNING:
thence N 89016'17" E a distance of 498.06 feet to a point on
the East line of said 44th Street Village Subdivision and the
East line of W 1/2 E 1/2 NE 1/4 of said Section 21:
thence N 00024'21" Wand along said East line of 44th Street
Village Subdivision and East line of W 1/2 E 1/2 NE 1/4 of
said Section 21, a distance of 265.28 feet:
thence S 89016'17" W a distance of 498.17 feet to a point on
the East line of Block 3 of Bretnall Gardens:
thence S 00025' 42" E and along said East line of Block 3 of .
Bretnall Gardens, a distance of 265.28 feet to the TRUE POINT
OF BEGINNING.
r-
FORM NO C.6000-38
FOR USE WITH COLORADO REGION AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY-FORM 8-1970 (AMENDED 10.17.70)
SCHEDULE B
This Policy does not insure against loss or damage by reason of the following:
1. Rights or claims of parties in possession not shown by the public records.
2. Easements, or claims of easements, not shown by the public records.
3. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, and any facts which a cor-
rect survey and inspection of the premises would disclose and which are not shown by the public records.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by
law and not shown by the public records.
5. Taxes due and payable: and any tax, special assessments, charge or lien imposed for water or sewer
service, or for any other special taxing district.
6. Right of way for lateral ditches now constructed and used to
carry water over and across subject property as contained in
instrument recorded March 27, 1916 in Book 196 at Page 21.
7. Non-exclusive easements for installation of utilities over
and across subject property, as more fully described in Right of
Way Agreement to Valley Water District recorded January 2, 1973 in
Book 2460 at Page 849 and in Indenture recorded February 15, 1973
in Book 2473 at Page 809.
8. Utility and Public Access easement 30 feet in width and Easement
for Valley Water District as shown on the Official Development
Plan and Plat of 44th Street Village Subdivision.
9. Restrictions and conditions which do not contain a forfeiture or
reverter clause, but omitting restrictions, if any, based on race,
color, religion, or national origin, as set forth on the recorded
Official Development Plan and Plat of 44th Street Village Subdivision.
10. Rights of way and easements as shown on the Official Development Plan
and Plat of 44th Street Village Subdivision.
11. Easement and Right of Way to construct, maintain, repair, remove
and operate one or more water pipelines as granted to the Valley
Water District in instrument recorded January 2, 1973 in Book 2460 at
Page 849.
12. Terms, conditions and stipulations of Covenants and Restrictions,
Respecting Unified Ownership of Property, in consideration of
Fruitdale Sanitation District, a quasi-municipal corporation, recorded
October 11, 1972 in Book 2440 at Page 748.
13. Terms, agreements, provisions, conditions and obligations as contained
in Lease-Purchase-Option Agreement between the County of Jefferson,
Colorado, a body politic and corporate and Robert Mugele and Helen B.
Mugele recorded June 22, 1979 in Reception No. 79055821.