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HomeMy WebLinkAbout0461 ~ RECEPTION NO. F:I .i': ,: (, n ,.,; 10/Qq/2001 13:01:50 PG: 001-001 p~~~ FEE: 5.0000r.FEE: 0.00 I':[,I,I.)I"DED TN JFFFEHSON CDUNn, COUJPrir'D Project No. S-SCP-OI-00 Location. 5400 W 38th Ave. Wheat Ridge, Colorado 80212 WHEAT RIDGE EASE. MENT ':W PERMANENT EASEMENT KNOW ALL MEN BY THESE PRESENTS, that Jimmy C Kay & Julie Lou Kay, whose address is 7821 Oxford Circle, Lakewood, County of Jefferson, State of Colorado, 80235, hereinafter called the "Grantors" for and m conslderahon of the sum ofTen Dollars and noll00 ($10 (0) and other valuable consideration to Jimmy C Kay & Juhe Lou Kay in hand paid by the City of Wheat Ridge, does hereby give and grant to the City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the followmg described premises to-WIt: A tract ofland lying m the NE 1/4 of Section 25, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as: A part of lots 14 & 13, Case Subdivision, being a part of those lands as described at Reception Number 93182157 of the official records of the County of Jefferson, State of Colorado, being more particularly described as follows: Commencing at the Northeast Comer of said NE 1/4 of Section 25, Whence the NW Comer of said NE 1/4 of Section 25 bears S89059'58"W, a distance 01'264815 teet; Thence S89059'58"W along the North Line of said NE 1/4, a distance of 676.87 feet to a point, Thence SOooOO'02"E leavmg said North Line, a distance of 4000 feet to a point on the Southerly Right-of-Way of West 38th Avenue and the Point of Beginning; Thence S45000'02"E leaving said Right-of-Way, a distance of 12.30 feet, Thence S89059'58"W, a distance of 14446 feet; Thence NOooOO'02"W, a distance of 8 70 feet to a point on the Southerly Right-of-Way of said W 38th Ave., Thence N89059'58"E along said Right-of-Way, a distance of 135 76 feet to the Point of Beginning. NOTE: All bearings are relative to one another and are based on the bearing of the North line of the NE 1/4 of said Section 25 as bemg S 89059'58" W For the purpose of: The constructIOn, maintenance, and operal1on of the City's irrigation system, streetscape elements including but not limited to plant material, street furniture and other items shown in Wheat Ridge Project # S-SCP-02-01, including payment of the water bill for water tap number WRWD #4389 The City's lITigation system and the property owner's water service shall be and remam mutually exclusive. No inter-connects of water systems shall be allowed. Subject to the following terms and condil1ons: To the extent permitted by law, and without waiving any immunities, protections, or defenses available at common law or under statute, including, without limitation, the Colorado Goverrmlental ImmumtJes Act, Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold harmless the Grantor(s) from and against any suit, claim, attorney's fees, loss or damage, includmg personal injury or loss of life, which lTI<iY uccur as a resuit of negligent construction ur maintenance of Said streetscape elements and irrigation system by and/or for the City of Wheat Ridge on the property subject to this easement. Said tract contains 1213 square feet (0 0278 acres) ofland, more or less. Also known by street and number as: 5400 West 38th Avenue, Wheat Ridge, CO 80212. And the Grantors hereby covenant with the City that they have good title to the aforedescribed premises; and that they have good and lawful nght to grant this easement. IN WITNESS WHEREOF, we have hereunto set our hands this .A (; {. day of ')..- f ~.,,-h \ ~ A.D., 2001 1;1 ;: ~:/. G'~ntn; ~ r Julie Lou Kay, Grantor ~~~- STATE OF COLORADO ) ) ss ) COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me thiS Kay '"I. j, " . "f( I'; . . ,.~l[' dayof .J' l" H.A\,2001,byJimmieC Kay and Julie Lou My commiSSIOn expIres ~k r:i:' ~l;~;!f;i ':.!rr" '31n9/20u2 'l~~ 4 \ ~r :,J;';~1, H1t JIVQ. Wl":!'elol\.A., (:'.{_ ~U235 Witness my hand and officml seal. SEAL ~u~t IL(l-r;( {)( _' Notary Public 7500 W 29th Avenue Wheat Ridge, CO 80215-6713 The drafter of this descnptlOn IS Timothy J Kirwan, prepared on behalf of Aspen Surveymg, Inc., 2993 S Peona St., Ste. 150, Aurora, Colorado, 80014 and is not to be constmed as representing a monumentcd land survey