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RECEPTION NO. 860~4~50
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Ii CORRECTION
:I THIS,DEED, Made this
ii 1986. between
II
If
P
\1
rr
13th
day of
May
Roxy Vemena
) -)
6105 TtJ.
49th Avenue
Wheat Ridge,
:! of the City ofl county of Jefferson and State of
Colorado. of the first part. and the City of Wheat Ridge, whose
IffJal address is 7500 West 29th Avenue,
Wheat Ridge, Colorado aeorporation
organized and existing under and by virtue of the laws of the State of
Colorado . of the second part:
WITNESSETH. That the said part y of the first part. for and in consideration of the sum of
DOLLARS.
to the said part y of the first part in hand paid by the said party of the second part, the receipt whereof
is hereby confessed and acknowledged. has remised. released, sold. conveyed and QUIT CLAIMED, and by
these presents do es remise. release. sell. convey and QUIT CLAIM unto the said party of the second part. its
successors and assigns forever. all right. title. interest, claim and demand which the said part y of the
first part ha s in and to the following ~,jAcribed , garcel of land
situate. lying and being in the City ofl e'C~u~~' Jefferson, and State of Colorado, to wit:
Beginning at the Southwest 114 of Section 13, Township 3 south, Range 69 West of
the 6th Principal Ileridian, City of Nheat Ridge, County of Jefferson, State of
Colorado, being more particularly described as follows: Beginning at the SOuth-
east corner of the SW 114 of said Section 13; thence West along the SOuth line \
of said SW 1/4 a distance of 296.0 feet to the true point of beginning; thence I
continuing West along the South line of said SW 1/4 a distance of 42.98 feet to \
a point; thence on a deflection angle right of 89056'30" a distance of 766.13 fee~
to a point; thence on a deflection angle right of 16008'09" a distance of 55.70
feet to the South line of that parcel of land as described in Book 809, Page 188,!
Jefferson County Records; thence on a deflection angle right of 73040'51", along
said South line a distance of 27.50 feet to a point; thence on a deflection angle
right of 900n' 00" a distance of 819.77 feet to the TRUE POINT OF BEGINNING,
containing 0.799 acres, more or less.
This description is intendal to correct a discrepancy in that certain Quit Claim
Deal recordal umer Reception No. 78036430, April 25, 1978, to the City of
Wheat Ridge. It is the intent of the North line of this description to be
coincident with the SOuth line of Book 809, Page 188, Jefferson County Records.
i;
TO HAVE AND TO HOLD the same together with all and singular the appurtenances and privileges thereunto
belonging or in anywise thereunto appertaining, and all the estate, right, title. interest and claim whatsoever. of the
said part y of the first part, either in law or equity. to the only proper use. benefit and behoof of the said party
of the second part. its successors and assigns forever
IN WITNESS WHEREOF, The said part Y, of the f~ part he. ,$ hereunto set his hand
and seal the day and year first above written: /." L,' ~ (
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""'''''''.'''''''''''''''''' ';""" [SEAL]
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STATE OF COLORADO.
}sa,
')
J
County of
The for~.3~. i~nstru. men);, was acknowledged before me this
19:i'l. by~' /'--f? 1/~.
My ~O\n;';iSSi~~ ex;:es ..j 1/ 5-/? f?
/3zX-
day of ?J!y.
. 19
. Witness my hand and official seal.
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*If by natural person or persons here insert name or names; if by person acting in representative or official capacity or as
attorney-in-fac,t, then insert name of person a;:; executor, attorT!-ey-in-fact or oth.~r capacity or description; if by offIcer of cor-
pora.tion! thun Insert nl';me of such officer 01' offfcer8, as the preSIdent or other oftlcers of such corporation, naming It.-Statutory
AcknotC edgm,ent, SesMon 1921
No. 522. QUIT CLAIM DEED TO CORPORA'flON.- Bradford Publishing Co.. 1824-46 Stout Street, Denver. Colorado-1l-72
RIGHT OF WAY AGREEMENT
THIS AGREEMENT, made and entered into as of the 13th day of August
the City of Wheat Ridge.
hereinafter called "Grantor", (whether grammatically singular or plural) and the
19 85
by and between
hereinafter called "District"
WITNESSETH:
For and in consideration of the sum of TEN AND NO/loo DOLLARS ($10,00) and other gocxl and valuable
consideration to the Grantor in hand paid by the District, the receipt whereof is hereby acknowledged, the Grantor hereby
grants to the District, its successors and assigns, the permanent right to enter, re,enter, occupy and use the hereinafter
described property to construct, maintain, repair, replace, remove, enlarge and operate one or more water pipelines and all
underground and surface appurtenances thereto, including electric or other related control systems, underground cables,
wires and connections and surface appurtenances. By way of example and not by way of limitation, the parties intend to
include within the terms "pipelines" and "appurtenances" the following: mains and conduits, valves, vaults, manholes, control
systems, ventilators, and the like, in, through, over and across the following described parcel ofland situate,lying and being in
the County of Jefferson and State of Colorado, to-wit:
Legal Description of Property to be
Dedicated as part of Vance Street
A strip of land twenty-five (25) feet in width situated in the southwest
quarter of the southeast quarter (SWi; sEll;) of Section 26, Township 3 South, Range
69 West of the Sixth Principal Meridian, City of Wheat Ridge, Cotmty of Jefferson
being more particularly described as follows:
Beginning at the northeast corner of
Lot 3, Block 3 Barth's Sub. , thence south
along the east line of said Block 3 R distcmce
of 25 feet to the south line of West 27th
Avenue; thence west along said south line
extended a distance of 25 feet to a point;
thence North, 25 feet west of a parallel to
the east line of Lot 3 and Lot 1, Block 3
of Barth's Sub., a distance of 342.74 feet
to a point; thence East 25 feet to a point
on the east line of said Lot 1; thence south
along the east line of said Lot 1 a distance
of 317.74 to the point of beginning.
IT IS HEREBY MUTUAllY covenanted and agreed by and between the parties hereto as follows:
1. The District shall have and exercise the right of ingress and egress in, to, over, through and across the
above described property for any purpose needful for the full enjoyment of any other right of occupancy or use provided for
herein,
2. The Grantor shall not construct or place any structure or building, street light, power pole, yard light, mail
box or sign, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above
described right,of,way Any structure or building, street light, power pole, yard light, mail box or sign, temporary or
permanent, or shrub, tree, woody plant or nursery stock, of any kind situated on the above described right-of,way as of the
date of this Agreement, may be removed by the District without liability for damages arising therefrom.
(5(T NQN.EJ(.OIST.1
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3, Existing fencing disturbed or destroyed by the District in constructing its facilities shall be replaced by the
District to its original condition as nearly as may reasonably be done, however, the Grantor shall not construct new fencing
across or within the right,of.way herein described without the written approval of the District.
4, All water pipelines installed within the above described right.of.way shall be laid not less than four feet
below the natural surface of the adjacent ground.
5, The District shall have and exercise the right of subjacent and lateral support to whatever extent is
necessary or desirable for the full, complete and unmolested enjoyment of the rights hereinabove described. [t is specifically
agreed between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or
subjacent support for any water pipeline or lines and appurtenances within the right.of.way, provided, however, that upon
obtaining the specific written permission of the District, the earth cover over any water pipeline or lines may be modified, but
normally permission will not be granted for a modification involving a cover of less than four feet nor greater than ten feet
measured vertically from the top of any water pipeline or lines, and any modification undertaken by the Grantor shall be upon
terms which provide for reimbursement to the District of the cost of any alterations to any pipeline facility made necessary by
the change.
6. After construction of any water pipeline or lines as hereinabove referred to, the general surface of the
ground, except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as may reasonably be
done, to the grade and condition it was in immediately prior to construction, Topsoil shall be replaced in cultivated and
agricultural areas, and any excess earth resulting from installations by the District shall be removed from the right-of,way at
the sole expense of the District. The District agrees that for a period of one year following construction which involved
disturbance of the surface of the ground, the District will maintain the surface elevation and quality of the soil by correcting
any settling or subsiding that may occur as a result of the work done by the District.
7. The District agrees that other public utilities such as sanitary sewer, storm sewer, and gas, and electric
lines, but not including cable TV lines, may be installed in the above described right -of ,way as long as they do not interfere with
the District's rights herein granted. All public utilities, crossing the right.of,way herein granted, must cross at approximately
right angles, and any and all of said utilities which parallel the District's facilities will not be permitted within ten feet of said
District facilities. The intent herein is to reserve for the District's water lines at least twenty (20) feet of the right,of,way width.
Except for utilities as herein authorized and roadways, all surface and sub,surface uses of the right,of,way, including fences,
must be approved in writing by the District prior to installation.
8. The Grantor has retained the right to the undisturbed use and occupancy of the subject property insofar as
such use and occupancy is consistent with and does not impair any grant herein contained and except as herein otherwise
provided,
9 The District is acquiring the rights in the subject property as herein provided in order to insure to the
District a dominant easement for the exercise of the District's functions, and that the exercise of any rights in the subject
property other than those retained by the Grantor should be within the discretion of the District. The District agrees to permit
and authorize such other uses of the subject property, not reserved in the Grantor, as will not impair the District's dominant
rights, upon the payment of reasonable compensation to the District and upon such terms, limitations, and conditions as the
District shall find reasonably necessary to protect its dominant right of occupancy of the subject property for the purpose of
the District without undue or unnecessary injury to or impairment of the estate retained by the Grantor.
10. In case the District shall abandon its rights herein granted and cease to use the same, all right, title and
interest hereunder of the District shall cease and terminate, and the Grantor shall hold said premises, as the same may then
be, free from the rights so abandoned and shall own all material and structures of the District so abandoned, but nothing
herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the
District at the time of the abandonment of District rights,
11. The Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained,
and promises and agrees to defend the District in the exercise of its rights hereunder against any defect in his title to the land
involved or his right to make the grant hereinabove contained.
12. Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the
respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto,
13. Unless special provisions are attached hereto, the above and foregoing constitutes the whole agreement
between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the
parties hereto with respect to the subject matter of this instrtlment. To the extent that any special provisions added hereto are
in conflict with any other provisions hereof, such special provisions shall control and supersede any other terms or provisions
hereof.
SPECIAL PROVISIONS:
(50' NCJN.El<.OIST.I
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5039/5/83
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first
above written.
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(TITLE)
(TITLE)
(Individual Acknowlegement)
STATE OF COLORADO
COUNlY OF Jefferson
ss,
Frank Stites, Mayor,
The within and foregoing instrument was acknowledged before me by
and attested by Christa Jones, Deputy City Clerk, for the City of Wheat Ridge,
on this
28th d f August
ay 0
My commission expires:
~L~7~~~
Witness my hand and official seal,
Notary Public
-//') > /A / :?u//f /7
Address: ./-, u (/ V(/ '&-,7 ?//~
/fdt:t/ ./l~-r' 4 fiI/-~/f
(Corporate Acknowledgment)
STATE OF COLORADO
COUNlY OF
ss.
The foregoing instrument was acknowledged before me by
as
President and
as
Secretary of
a
corporation
on this
day of
, 19
My commission expires:
Witness my hand and official seal.
Notary Public
Address:
ATIEST
DISTRICT
President
Secretary
(DIST EXEClITlONl
,3,
526015183