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F,ECEPTION NO. 941923C'<.' 1".'"'"
RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO 12/14/q4 1~:25
Project No.: S-38.02-93
Location: 9801 W 38TH AVE
Wheat Ridge, Colorado
PERMANENT EASEMENT
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KNOW ALL MEN BY THESE PRESENTS, that THOMAS W. TAYLOR whose address
is 9801 W. 38TH AVENUE, Wheat Ridge, county of Jefferson, state of
Colorado, hereinafter called the 11 Grantor (s) 11 for and in
consideration of the sum of TEN AND NOll00 DOLLARS ($10.00) and
other valuable consideration to HIM in hand paid by the city of
Wheat Ridge, hereinafter called I1Cityl1, DOES hereby give and grant
to said city PERMANENT EASEMENT on, along, over and across the
following described premises to-wit:
A tract of land lying in the SW 1/4 of section 29,
Township 3 South, Range 69 West of the 6th principal
Meridian, city of Wheat Ridge, County of Jefferson, State
of Colorado, described as:
THE EAST 20 FEET OF THE SOUTH 5 FEET OF THAT PARCEL OF REAL
PROPERTY DESCRIBED IN THE OFFICIAL RECORDS OF THE COUNTY OF
JEFFERSON, STATE OF COLORADO AT RECEPTION NUMBER 92061379
For the purpose of: CONSTRUCTION AND MAINTENANCE OF A
RETAINING WALL.
Subject to the following terms and conditions:SEE ATTACHED
EXHIBIT I1AI1 WHICH IS HEREBY MADE A PART OF THIS DOCUMENT.
said tract contains 100 square feet more or less.
Also known by street and number as: 9801 W. 38TH
AVENUE, Wheat Ridge, Colorado, 80033.
And the Grantor(s) hereby covenant(s) with the city
title to the afore described premises; and that
lawful right to grant this easement.
that HE good
HE good and
(2..JL
STATE OF COLORADO,
IN WITN~ WHEREOF, I have hereunto
day of- \.-=::><2c<::'Vvv~e'---- A.D.,
COUNTY OF JEFFERSON
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The for~ing instr,ument was
day of .D~crJ<'1i3k.cE.
My commission expires /hffR..ul
official seal.
acknowledged
, 1994, by
IQ 199~.
before me this / Z rJ.(
711/_~~ W ~gL.n-R
witness my and and
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SEAL
y Public
7 0 W. 29th Avenue
Wheat Ridge, Colorado 80215-6797
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The city agrees to hold harmless the Grantor(s) 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 sidewalk and
retaining walls by and/or for the city on the property subject to
this easement.
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The city agrees to construct for the Grantor, a 48" high solid
wood fence along the south property line above and behind the
proposed retaining wall, continuing to the west property line,
and continuing north along the west property line for 20 feet.
Said fence shall be constructed in a style agreed to by the
Grantor prior to the signing of this Easement.
The city agrees to transplant the existing viburnum bush at the
entrance to the property to a location on the east side of the
driveway to be determined by the Grantor.
The city agrees to make all reasonable efforts to preserve the
existing berm located on the west side of the driveway behind the
retaining wall.
The city agrees to make all reasonable efforts to preserve the
two plums and one cottonwood on the south edge of the existing
berm and any other existing trees along and behind the proposed
retaining wall. If said trees cannot be preserved, the city will
reimburse to the Grantor the appraised value of said trees.
Access to both existing driveways will be maintained in as good
or better condition as it is at the time of the granting of this
easement. Access to, and drainage from the irrigation system upon
completion of the retaining wall will be in as good or better
condition as is at the time of the granting of this Easement.
The retaining wall will be landscaped in such a way as to
discourage persons from climbing on, walking on, or playing upon
the top of the retaining wall.
Construction time frame shall be as specified in resolution
number 1435 series of 1994 by the Wheat Ridge city council on
November 14, 1994.