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HomeMy WebLinkAbout0041 ~I ~ g " 0') .~~~ , <<", ~ F'-,,; .'\:1 ..... <J) 80058965 lJ:a SEP I 6 /,,1 10: I 2 count:! ol ' I ;;u (I", State of Co ~ecQrded Iii NONEXCLUSIVE TRAIL AND PATHWAY EASEMENT 'rHIS EASEMENT made and executed this ',I t~ :J.'7 - day of B ~-. u:.~ 1980, by and between Ralph Schleicher (hereinafter referred to as "Grantor") and THE CITY OF HHEAT RIDGE, a municipal corporation, \/f (hereinafter referred to as "The City"); WHEREAS, the Grantor is the owner of the property described as Lot 37, Happy Valley Subdivision, County of Jefferson, State of Colorado, WHEREAS, Grantor wishes to grant to The City a Nonexclusive Easement for the purpose of allowing The City to enter upon a por- tion of said property for the purpose of constructing, and there- after maintaining, a path and trail thereon; WHEREAS, The City wishes to accept said Easement subject to the terms and conditions set forth herein; NOW, THEREFORE, the parties agree, for themselves, their heirs, successors and assigns as follows: 1. Grantor does hereby convey to The City an Easement, which Easement shall be nonexclusive and which shall be perpetual, over and upon that portion of the above described property which is specifically set forth in Exhibit A, which is attached hereto and expressly made a part hereof. 2. The Easement hereby granted shall be a nonexclusive easement which shall inure to the benefit of the general public, the Grantor, and The City. 3. This Easement specifically grants to The City the right to come upon the property described herein for the purposes of laying out, constructing, and maintaining a path and trail thereon. This Easement likewise grants to the general public a right to use any trail and/or path thereon developed and maintained for general recreational purposes. 4. The City agrees to erect and maintain a buffer between the / 80068965 COUl Rec( property hereby conveyed and the remainder of Grantor's property, which buffer shall consist of plant material which shall be reasonably maintained by The City during the term of this lease. 5. The consideration for this lease is the making and per- ~ formance of the mutual covenants set forth herein. 6. The Easement granted hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a covenant running with the land upon its recordation; provided, however, that this Easement may be terminated only by a writing signed by both parties, or their successors, and shall not become effective until recorded with the Clerk and Recorder of Jefferson County. ~ ~ . By ~..:ca (.-i~jzz;~ ~ft 7:1 tft'/ Mayor ATTEST: /~ -,-. ~< ) " :" 0 " \ / /" / 'j('J, '(:~ Carol'H~mpf, City Clerk, STATE OF COLORADO COUNTY OF -..... ~ftiU""<.)ON ) ) ss. ) ~ The foregoing was ackn~wle~ged b:fore me_!his 1 ' 1980, by ~.i' fN CS ~ I}V~ .:SI G1/'-~ it/v- L. /Kalp E. Schlelch r / My commission expires: : i:r,mmi<;:.;inn f)(l'lTeS '/,"1:1"" '~ -(, ..-", 1~, ;""CfG. 4:/ -day of witness my hand and official seal. , L~~"_" STATE OF COLORADO ss. COUNTY OF The foregoing was acknowledged before me this , 1980, by day df My commission expires: witness my hand and official seal. NotaryPublic 80068965 A NON-EXCLUSIVE EASEMENT TO BE HELD IN PERPETUITY A Non-Exclusive Easement, being 20 feet in width, to be held in perpetuity by the City of Hheat Ridge over and across that portion of Lot 33, Happy Valley Gardens, City of Hheat Ridge, County of Jefferson, State of Colorado and described as follows: .3' "Beginning at a point on the Hest 1 ine of Lot 33, Happy Valley Gardens, which lies South 78.39 feet from the Northwest corner of said Lot 33, thence Southeasterly on a deflection to the left of 90 29' 45" a distance of 43.15 feet; thence continuin~ Southeasterly on a deflection angle to the left of 350 12' 06", a distance of 124.62 feet to a point on the Southerly lot line of said Lot 33, said point being 96.50 feet Southwesterly of the Southeast corner of said Lot 33; thence Southl./esterly on the said Southerly lot line on a deflection angle to the left of 1250 25' 51" a distance of 24.55 feet to the Southwesterly line of the herein described Easement; thence Northwesterly along said Southwesterly line of the Easement, on a deflection angle to the right of 540 34' 09", a distance of 100.27 feet to a point on the West line of said Lot 33; thence North along said West line of Lot 33, on a deflection angle to the right of 440 41 I 51" a distance of 63.83 feet to the point of beginning." 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