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RECEPTION NO. 83097463
10/11/83 16;03 9.00
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
amending Easement 107 - recording # 83075681 dtd 8/10/83
AMENDED RIGHT-OF-WAY EASEMENT
THIS AMENDED RIGHT-OF-WAY EASEMENT granted this
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1983, by GERALD D. and EUNICE M. FOSTER, 7203 W. 32nd Avenue, (hereinafter /__.:>
referred to as Grantor) to THE CITY OF WHEAT RIDGE, a municipal corporation,
(hereinafter referred to as "The City");
WHEREAS, Grantors are the owners of the following described real property
situate, lying and being in The City of Wheat Ridge, County of Jefferson, State
of Colorado, located at the NW corner of 32nd Avenue and Teller Street, to-wit:
(see attached Exhibit A, attached hereto and made a part hereof)
WHEREAS, it is the intent of The City to develop, construct, and maintain
street and related improvements on the Property for the general health, safety
and welfare of Grantors and the other citizens of The City of Wheat Ridge;
NOW, THEREFORE,
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1. Grantors do hereby grant and convey to The City a perpetual easement
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~ to the Property, as described above, for the purpose of authorizing The City to
construct and maintain hereon any street, or other improvements deemed necessary
by The City to fully and successfully implement the W. 32nd A venue Street
Project contemplated by The City.
2. The easement granted hereby includes, without limitation, a grant of
authority to The City; to come upon the Property for the purpose of surveying
and inspection; to construct such improvements; to come upon the Property for
purposes of inspecting and maintaining such improvements; as well as any other
uses not enumerated herein which are consistent with the purposes of this
Easemen t.
3. As consideration for the conveyance herein specified, The City agrees
to Pay Grantors the sum of ONE and no/l00 ($1.00) DOLLAR.
4. The City agrees that, during the term of this Easement, it shall
repair and maintain the improvements constructed upon the Property hereby
conveyed, and The City shall likewise repair any damage which it causes to
Grantors' remaining property during construction or repair of any improvements
made pursuant to this Easement.
5. During the term of this Easement, the Grantors shall have access to
and may utilize the Property conveyed hereby for any purpose which is not
inconsistent with, or which would be detrimental to, the purpose for which this
Easement is granted.
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, which ~
writing shall be duly recorded and shall not be effective until so recorded.
1. This Amended Right-of-Way Easement supersedes in its entirety the
document recorded at Jefferson County, Colorado Reception No. 83015681 on August
10, 1983.
IN WITNESS WHEREOf, the parties hereto have set their hands and seals to
the foregoing and attached Right-of-Way Easement the day and year first above
written.
RECEPTION NO. 83097463
10/11/83 16=03 9 00
RECORDED IN . .
COUNTY OF JEFFERSON
STATE OF COLORADO
GRANTO,RS:
THE CITY OF WHEAT RIDGE,
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a municipal corporation
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By
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Frank Stites, Mayor
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ATTEST:
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Wanda Sang, City
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STATE OF COLORADO
COUNTY OF JEFFERSON
and attached was acknowledged before me this ~ day of
The foregoing
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, 1983, by GERALD D. and EUNICE M. FOSTER.
My commission expires :My Commi^s'~n r.'C.:, ~. "1
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~''WitM:;~:_~ hand and official seal.
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Notary Public
APPROVED AS TO FORM:
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J~n E. Hayes, City Attorney
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FILE NAME: MB.NW.32ND. TELLER. 0524 (.LD.DESC)
REVISED: 8-8-83
RECEPTION ..
1. 0/11 /fJ.:i 1 ~?r; , H309 7 ~ 63
~E(ORDED IN . 9.00
COUNTY OF jEFFrl~r
STATE'. ... \.JON
. OF COLORADO
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RIGHT-OF-WAY DESCRIPTION
NW CORNER 32ND AVENUE AND TELLER STREET
A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF
SECTION 26, T3S, R69W OF THE 6TH P.M., BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
BEGINNING AT THE SE CORNER OF THE SW 1/4 OF THE NE 1/4 OF SAID SECTION
26; THENCE N 00000' 00" W ALONG THE EAST LINE OF THE SW 1/4 OF THE NE 1/4
OF SAID SECTION 26, 30.00 FEET; THENCE N 90000'00" W, 24.70 FEET, TO A
POINT ON THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE, SAID POINT
BEING THE TRUE POINT OF BEGINNING; THENCE N 90000'00" W, 12.50 FEET
ALONG SAID NORTHERLY RIGHT-OF-WAY BEING 30.00 FEET NORTH OF AND PARALLEL
TO THE SOUTH LINE OF THE NE 1/4 OF SAID SECTION 26; THENCE DEPARTING
SAID NORTHERLY RIGHT-OF-WAY ALONG THE ARC OF A CURVE TO THE LEFT 19.64
FEET HAVING A RADIUS OF 12.50 FEET WITH A DELTA OF 90000'00" AND WHOSE
CHORD BEARS N 45000'00" E, 17.68 FEET; THENCE S 00000'00" E, 12.50 FEET
TO THE TRUE POINT OF BEGINNING, SAID PARCEL CONTAINING 33.53 SQUARE
FEET, MORE OR LESS.
OWNER: GERALD D. FOSTER