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HomeMy WebLinkAbout0507 ~ I~~ ~E~~~:'r ~-':~ ;.~Ci. /1,,'1, i',":] ,J lCr/:J.l,'I..\)O".\ ~O:!.r,I..\) P[J~ IIIJJ'-'l)fl:\ i:!L f,[[; I. t'c, c,TiYif- POl 1-'[[" t' "\; RECORDED IN if(FERSO~ 60U~TY:"rOLup~~ri Location: V"CANT LAND \llheat Ridge, Colorado SOO33 )) \ PERMANENT EASEMENT THIS PERMANENT EASEMENT is granted to the City of Wheat Ridge. Colorado (hereinafter the "City") by the following persons and entities, collectively referred to herein as "the Grantors," to the extent of their interests as their interests appear, and for the consideratIOn stated. Matthew P Rock and Trudy A. Rock, whose address is 10300 W 65th A venue. Wheat Ridge, Colorado as owners of the fee interest in real property acquired by deed dated April 17''', 1995, and recorded at Reception No. F059690S, Jefferson County Clerk & Recorder, (the "Subject Property"), for and in consideration of the d of one thousand dollars ($1.000.00). '1"./ Q--r' l ~ '-17('0 Iv 2. David A. Murphy and Kathryn R. Murphy, whose address is ~ W 42nd A venue, Wheat Ridge, Colorado on their behalf and on behalf of the Slater Moodey Dttch, as OWllers uf a claimed prescIiptive eaS'~l1lent across the Subject Property for the said Slater Moodey Ditch. for and in consideratioll of the sum of ten dollars ($10.00) NOW, THEREFORE, in consideration of the payment to them of above-described sums, the delivery, receipt and acceptance of which are acknowledged and confessed by each of them, the Grantors do hereby give and grant to the City a PERMANENT EASEMENT on, along, over and across the following described premises to-wit; A tract of land lying in the SW ';4 of Section 20. Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge. County of Jefferson, State of Colorado, (the "Easement Area") described as: Commencing at the NE Corner of the SW 'I. vf SectiDt. -:!O; thenc~ SOoo 15' 12 "E on and along the East Ene of the SOllthwe:st 14 of Sectlon 20. a dist~nce of 'i76.70 feet: thence S89044'48"W. a di~tan(;e of 509 72 fe~t to a Point, said Point lying on the SQuth RiGht-of-Way line of Xenon Street anJ belli.>?: thc Point or Beginning. Thence SOo050'26"E on and along the easterly line of the P:m:ci as described at Reccption ,I Number F05t;690S in the official records of the County of Jefferson. St"te of Colorado, a dIstance ' of 11 (j 02 feet to the southeasterly corner of said Parcel, thence S72036'41 "Won anu alJng the southerly line of said Parcel, a distance of 10 43 feel. th::n.::e 1'100050'26" W, ;, d;~tance of Q3 S3 feet; thence NI3030'14"W. a distance 01'2017 feet to:l point Ijin::; on thc South Right-of-Way line of Xenon Street; thence S89057'37"E on anu along s;lId Sout!, Rtght-cf-Way Ime. a dIstance of 1442 fect to the Point of Beginning. and as deplciej on Exhibit "A" aaachcd. NOTE: All bearings are relative to one another and arc based on the beJ.ring of the E"st line of the SW ;/4 of said Section 20 being N 0015' 12" W 'I Said tract contains 1.159 ~quare fee, (O.U26b acres), more or less. For the purpose of conSlluctlOn, repaIr, maintenance and replacement of a storm sewer, incFlding the right of ingrcss and egress in, to. over through and across the Subject Property and the Eascment Area for any purposc n~cd[lJl for Ihe fuil enjoyment of any u:her right of occup~ncy or use provided for herem. Subject to the following terms and condltlCil1s; (1) To the extent permItted by I~\V. and WI,hout waiving any immunities, protectio115. or Jefens_'s a\'ailablc at common law or under statute, including. without limitation, the Colm <!dQ Uovcrnmentallmmll'1itl<'s Act, Section 24-10-10 1. et seq.. C.R.S.. the City. individually and for itself only. agrees to hold harmles:s the Grantors from and against any suit, cla:rn, attorney's fees, loss or dalllag~. including personal injury or Joss of life, which may occur as a result of negligent con~,ructioll or maintenance of said :storm sewer by and/or for the City on the property subJ'x~ to thiS easement; (2) the (jrantors, and e,lch of them, shall take no action which could dIsturb the storm sewer. aff(;(;[ ;ts subjacent and/or lateral suppott, or in any way interfere with the rights of the City granted hereby. without Fil",t obtaining the prior written consent of the City, which may be granted or dcnieu in the City's sole and exclusi ve discretion. Also known by strect and number as. VACANT LAl'iD, Wheat I~ idge. 80033 -..-J And the Grantors hereby covenant with the City that they have good title to the aforedescribed premises. IJ / to the extent of their interests as their interests appear; and that they have good and lawful right to grant r this easement. IN WITNESS WHEREOF. we have hereunto set our hands on the dates setforth below / \..... ) ,.. K t , . . ,/.".~ / .. /.) "".' c -""'.. ~/'>~. ~ I,'j......) .K;" _ L MATTHEWP ROCK 1 u~j~ ltc', (-: j('~L ^- TRUDY A-koCK ST ATE OF COLORADO , r COUNTY OF JQC-kle)O'/\ ) ) SS. ) The foregoing instrument was acknowledged before me this 'y} I~ day of Gr t Matth~and Trudy A Rock. . 2003. by My commission e)(pires.Jlt.1L~~\;t8"'II"" "" <, S . flV, ///// ", ~v (C'~ // SEAL l~ ~OTARy ~ Witness my hand and seal. _\jw-Ju\\.vL~ n~ ~'l~-~. Notary Public \) V -.- :; (j) 0:: \ ~ PUSUC ~j .,,~ O~"'''' ~ ///, OF O\,; "" ~ o /11/ C \\\\ ,CO Olh IIIII/HIIII\\\\\ ,f;)\ fllJls' E lIeS (:i~~~~t Slonx~ , ,'~ . ')), . , \ 2/i.!~/ ~\ I : /Ulj~ " ..-/ KATHRYNR. MURPHY " ST ATE OF COLORADO ) ) SS. ) COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this (p'f<-.day of (JC7 O)~ /2.., 2003, by David A Murphy and Kathryn R, Murphy as mdividuals and on behalf of the Slater, Ditch , 1- 1"'-"oJ (~ f{,J My commission expires q I j q , j,.{x,'i SEAL ,I 1-\ 1--,\';\-}, !l'crl.:H)iZ",,) P~Qk ;.'fJri~'~,!lft.}f'l ~m' 1J;..)J\d _,'; CClr-'.\);r'. ;~(( :, , _:1b ({ I l'j. ~- " l,Jr I. N.-'-"'-' '- ,..... KAREN L. BLUHM NOTARY PUBLIC STATE OF COLORADO My CornrmlSloO Elcpir8l10105/2005 The drafter of this description is David F IJrossman, P L.S.. prepared on behalf of the City of Wheat Ridge. 7500 W 29th Ave.. Wheat Ridge. Colorado, 80215-6713 and is not to he construed as representing a monumcnted land survey 2 ---- (~J-\rB11 II A /I 0'0 o . t>4 ~/!:J. o "[I.,.1vI?' '0 'Q j1 $~\ ~lI. '" ~ ~~\ ~ ~/!:J. , ~.. ,". -;.d