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2006069694 EASE
06/08/2006 02:15:54 PM 2 Page(s)
Jefferson County, CoLorado
R $11.00
D $0.00
Projeet No.. 5-01-06
Location: 9930 W 49'" Ave
Wheal Ridge. CO 80033
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Denny's Realty, Inc., whose legal address IS 203
East Main Street, City of Spartan burg, County of Spartan burg, State of South Carolina, 29319, herein-
after called the "Grantor" for and in consideration of the sum of TEN and NOll 00 ($1000) and other
valuable consideration to her in hand paId by the City of Wheat Ridge. hereinafter called "City", do
hereby give and grant to said City PERMANENT EASEMENT on, along, over and across the follow-
mg described premises to-wit:
A tract of land lying in the SWV. of Section 15. TownshIp 3 South. Range 69 West of the 6th
Principal Meridian, City of Wheat Ridge. County of Jefferson. State of Colorado, as de-
scribed m the Special Warranty Deed found at Reception Number 90020367, in the official
records of the County of Jefferson, State of Colorado, more particularly described as:
Commencing at the SW Corner of the swv. of satd Section 15. thence NOoo12'29"W on and along the
west line of the SW '/., said Section 15. a distance of 633.99 feet; thence N8904 7'31 "E a distance of
258.23 feet to a point, said point lying on the southerly right-of-way line of W 49th Ave., being the north-
east corner of the Parcel described at Reception Number 90020367, in the official records of the County
of Jefferson, State of Colorado, and also being the True Point of Beginning;
Thence SOooI2'29"E a distance of 6 00 feet; thence S8903S'S3"W parallel to the southerly right-of-way
line of W 49th A venue a distance of 70 71 feet, to a point lying on the westerly line of said Parcel; thence
NOoo24 'OTW on and along saId westerly Ime a distance of 600 feet to a point on the south right-of-way
line of W, 49'h Ave.. thence N8903S'S3"E on and along said southerly right-of-way line a distance of
70 73 feet said point being the True Point of Beginning,
NOTE: All beanngs are relative to one another and are based on the beanng of the West line of the S\V
'/. of said Section 15 being NOOO I 2'29"W
For the purpose of: The constructIon and maintenance of a one pedestrian light.
1. City may go upon Grantor's Property from time to time in order to install, mamtam and operate
the pedestnan light. City agrees that the pedestnan lIght shall be installed as planned and with
mmimal effect to the Grantor's Property
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2 All activities on Grantor's property shall be coordinated with the Pf8!leI'f) Manager, except in the
case of emergency maintenance or repair
3 City agrees to exerctse extreme care and caution in order to protect Grantor's property and its im-
provements agamst any and all damage which may result directly or indirectly from work by
City. its agents or contractors. City shall repair all such damages and pay all other reasonable
cost and expenses arising from its activates or work. All improvements on Grantor's property
which are removed. damaged or disturbed (includmg but not limited to pavement, signs. land-
scaping, tITtgatlOn and utilities) shall be replaced, repaired or restored with matenals and work-
manship of comparable quality
Subject to the followmg telms and conditions. To th!;: extent pt>rm;tted by law. and without waiving any
immunities, protections. or defenses available at common law or under statute, including, without limita-
tion, the Colorado Governmental Immunities Act, Section 24-10-10 I. et seq.. C.R.S.. the City. indivldu-
a!!y and for itself on!y~ agrees to hold h2rml~s: the Gr3!'"!!Df frC'!n 3r-d 3.ga~!1st 3.~:. s~i!. cla~m. 3.ttomey'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 pedestrian lights and sidewalk by and/or for the City on the property
subject to this easement.
Said tract contains 424 square feet or 0 010 acres, more or less.
Also known by street and number as. 9930 W 49th Ave., Wheat Ridge, Colorado, 80033
Paqe 1 of 2
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And the Grantor hereby covenants with the CIty that he has good title to the afore described premises. and
that he has good and lawful right to grant this easement.
IN WITNESS WHEREOF, I have hereunto set my hand this ~~day of M-t'(,.~ A.D., 2006
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Timoth~lemming, Vice President, General Counsel
Denny's Realty, Inc., Grantor
STATE OF SOUTH CAROLINA
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COUNTY OF SPARTANBURG
The foregoing instrument was acknowledged before me this~' day of M~I'(.."', 2006, by Timothy e.
Flemming.
My commission expires: Ocfoherl3, ~o 10
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Witness my hand and official seal.
~T~
Notary Public~ AI." YD~":7
The drafter of this description is >..e11v Rosson, prepared on behalf ofthe City of Wheat Ridge. 7500 VI 29th Ave.. Wheat Ridge. Colorado,
80033 and is not to be construed as representing a monumented land surve)
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