HomeMy WebLinkAboutResolution-1994-1411
FECEPTION NO. q4113b02 10.00
RECORDED IN COUNT JF JEFFERSON STATE OF COl
RESOLUTION NO. 1411
ADO
6130/94 11:10
SERIES OF 1994
TITIJE:
A RESOLUTION VACATING A PERMANENT EASEMENT IN FAVOR
OF THE CITY OF WHEAT RIDGE SITUATE IN A PORTION OF THE
REAL PROPERTY LOCATED AT 9801 WEST 38TH AVENUE, WHEAT
RIDGE, COLORADO TO THE GRANTOR, THOMAS W. TAYLOR.
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WHEREAS, A Permanent Easement for construction of Public
Improvements on West 38th Avenue from Cody Street to Kipling
street was obtained from the owner, THOMAS W. TAYLOR, of property
located at 9801 West 38th Avenue; and
)./ ;2,
WHEREAS, The
Jefferson County
94054360; and
permanent easement was recorded with the
Clerk and Recorder as Reception Number
WHEREAS, Construction of the project has been delayed until
a vote of the citizens establishes the street cross section; and
WHEREAS, The owner of the property from which the Permanent
Easement was obtained is requesting the City vacate the easement
to him.
NOW THEREFORE, BE IT RESOLVED by the City Council of the
City of Wheat Ridge, that
1. The City Council of the city of Wheat Ridge does hereby
vacate the Permanent Easement as described under Reception Number
94054360, Records of the County of Jefferson, State of Colorado,
to the grantor, THOMAS W. TAYLOR.
2. The City of Wheat Ridge, by recording this Resolution
with the Jefferson County Clerk and Recorder, hereby grants,
conveys and returns all rights and interest accruing to the City
of Wheat Ridge under Reception Number 94054360 to the grantor,
THOMAS W. TAYLOR.
3. A copy of this Resolution shall be recorded with the
Jefferson County Clerk within 15 days of approval by the Wheat
Ridge City Council.
DONE AND RESOLVED this 27th day of June
, 1994.
ATTEST: I
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W~~~) s'~~G~'~'Cl;)}? CL~~
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DAN WILDE, MAYOR
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RF~O~DES IN COUNTf OF JE~FEP50N 5T~T~ 0~
proj ect No.:
Location: 9801
Wheat
S-38.02-93
W 38th Ave
Ridge, CO
PERMANENT EASEMENT
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KNOW AI.L ME.J 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 "Grantors" for and ln conslderation of
the sum of TEN AND NOIlOO DOLLARS ($10.00) and other valuable
consideration to him in hand paid by the City of Wheat Ridge,
hereinafter called "Citv", does hereby give and grant to said City
PERMANENT EASEMENT on, along, over and across the following described
premises to-wit:
A tract ot land lying in the SW 1/4 ot section 22, Township 3 South,
Range 69 West of the 6th principal Meridian, City ot Wheat Ridge, county
of Jefferson, State of Colorado, described as:
THE BAST 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: Access to both existing
driveway entrances will be maintained in as good or better condition as
it is on the date of the granting this easement. Access to the
irrigation system and drainage from the irrigation system upon
completion of the retaining wall will be in as good or better condition
as it is at the time of the granting of this easement. If the existing
visual barrier between the house and 38th Avenue is damaged or destroyed
in the process of the construction or maintenance of the retaining wall,
the City agrees to replace or repair the visual barrier to the owner's
satisfaction.
The retaining wall will be landscaped in such way as to discourage
children or passerby from climbing on, walking on. or playing upon the
top of the retaining wall.
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 hereby covenants with the City that he has good title to
the aforedescribed premises; that he has good and lawful right to grant
this easement.
STATE OF COLORADO,
.'d-fiL
/'7 - day of
IN W!~ESS WHEREOF, I have hereunto set
~L(f- A.D., 1994
Grantor
ss
COUN'l'Y OF JEFl"ERSON
The foregping instrument was acknowledged before me this I~
of :\lo..\.,\V\ , 1994, by THOMAS W. TAYLOR
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My commission expires I~~\ 199j[. Witness my hand and official seal.
e ~cL.L. :IJ <~~ '- ~
Notary Public
7500 WEST 29th AVENUE
WHEAT RIDGE, COLORADO, .80215-6797
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