HomeMy WebLinkAboutResolution-2001-0028
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 28-2001
TITLE'
A RESOLUTION DECLARING THE INTENT OF THE CITY OF WHEAT
RIDGE TO ACQUIRE PERMANENT EASEMENTS FOR THE SPECIFIED
PUBLIC PURPOSE OF IMPROVING PEDESTRIAN FACILITIES AND
SAFETY, FURTHER CONTINUANCE OF GOOD FAITH NEGOTIATIONS
TO ACQUIRE SAID PROPERTY INTEREST, AND AUTHORIZATION
TO INITIATE AN ACTION IN EMINENT DOMAIN TO ACQUIRE
SAID PROPERTY IN THE EVENT GOOD FAITH NEGOTIATIONS DO
NOT RESULT IN AN AGREEMENT TO ACQUIRE SAID PROPERTY
INTEREST.
WHEREAS, the City of Wheat Ridge, Colorado, has undertaken
certain streetscape and sidewalk improvements along West 38th
Avenue in the City of Wheat Ridge; and
WHEREAS, construction of the 38th Avenue Streetscape Pilot
Project (hereinafter the "Project") was undertaken for the
public purpose of improving pedestrian facilities and improving
public safety; and
WHEREAS, acquisition of the permanent easements described
in Exhibit A attached hereto and incorporated herein by this
reference (hereinafter the "Property"), is necessary for the
completion of said Project; and
WHEREAS, it is necessary for the City of Wheat Ridge to
acquire immediate possession of the Property in order to
complete the Project in a timely manner, and
WHEREAS, the City of Wheat Ridge has determined that it is
necessary to acqulre a permanent easements in the Property, and
that, in the event that good faith negotiations do not result In
voluntary granting of permanent easements in the Property. it lS
MUR\9{)999\33224l) ll\
necessary that the City of Wheat Ridge acqulre said permanent
easements in the Property through the use of the City's power of
eminent domain as reserved to the City by the Wheat Ridge City
Charter and in Article II, Section 15 of the Constitution of
the State of Colorado and in C.R.S && 38-1-101, et seq., and
38-6-101, et seq.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WHEAT RIDGE, COLORADO, THAT:
1. The City Council hereby finds that the Project
will serve a public purpose of improving pedestrian facilities
and improving public safety. The City Council further finds
that it is necessary to acquire the permanent easement in the
Property to achieve said public purpose.
2. The City Council does hereby declare its intent
to acquire permanent easements in the Property from the Owners
and all others having an interest therein.
3. The City Council specifically authorizes that
negotiations between the City and the Owners of the Property
continue in good faith, but in the event such negotiations are
unsuccessful, acquisition of a permanent easement in any
Property from the record Owners thereof and all other owners
having an interest therein, through use of the City's powers of
eminent domain based upon the City's powers of eminent domain
granted by the Constitution of the State of Colorado, by the
Wheat Ridge City Charter and by Statutes of the State of
Colorado, lS hereby authorized.
4 A copy of this Resolution shall be forwarded to
the record Owners of the Property.
\1\ 'R" ':;1U2"'1' ]~""'4{n 111
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DONE AND RESOLVED this 4- day of C'./,"fch..J" 2001
WHEAT RIDGE CITY COUNCIL
~...-.. -~\ ~/
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By . . /9/ &~::~'::'1
\, /
. _ ' Mayor
J
::;#~ ~
ATTEST:
Wanda Sang, Wheat Ridge City Clerk
Date:
MUR'53027\387493.0 1
3
Exl-H\!l\T A
Project No.. S-SCP-01-00
Location: 5901 W 381h Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Amber Webb, whose address is 7953 S. Citation Trail,Evergreen, County of
Jefferson, State of Colorado, hereinafter called the "Grantor" for and in consideration of the sum of Ten Dollars and no/1 00
($10.00) and other valuable consideration to Amber Webb 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 following described premises to-wit:
A tract ofland lying in the SE 1/4 of Section 24, 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 Lot 2, Carter Minor Subdivision, being a portion of those lands as described at Reception Numbcr F0876654 of
the official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of said SE 1/4 of Section 24, Whence the SW Comer bears S89'59'58"W, a distance
of2648.15 feet; Thence S89'59'58"W along the South Line of said SE 1/4, a distance of2395.33 feet to a point; Thence
NOO'OO'02"W leaving said South Line, a distance of 30.00 feet to a point on the Northerly Right-of-Way of West 38th
Avenue and the Point of Beginning;
Thence S89'59'58"W along said Right-of-Way, a distance of82.75 feet; Thence NOO'OO'02"W1eaving said Right-{)f-Way,
a distance of 16.98 feet; Thence N89'52'34"E, a distance of 30.53 feet; Thence S87'49'32"E, a distance of 52.26 feet;
Thence SOO'OO'02"E, a distance of 15.06 feet to the Point of Beginning;
NOTE: All beariogs are relative to one another and are based on the bearing ofthe South line of the SE 1/4 of said Section
24 as being S 89'59'58" W
For the purpose of: The construction, maintenance, and operation 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-02-0 I,
including payment of the water bill for water tap number WRWD #4391 The City's irrigation system and the property
owner's water service shall be and remain mutually exclusive. No inter-coimects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental
Immunities Act, Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold hannless 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 streets cape elements and irrigation system by and/or
for the City of Wheat Ridge on the property subject to this easement.
Said tract contains 1357 square feet (0.0311 acres) ofland, more or less.
Also known by street and number as: 5901 W 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that she has good title to the aforedescribed premises; and that she has good and
lawful right to grant this easement.
IN WI1NESS WHEREOF, I have hereunto set my hand this
day of
A.D., 2001
Amber Webb, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this _ day of
,2001, by Amber Webb.
My commission expires
, ~ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste.
150, Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
.ExHI~IT A.
...
Project No.. S-SCP-Ol-OO
Location: 5883 W,38thAve.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Philip C. Bisant, whose address is 10490 W 8"Place, Lakewood, County ofJefferson, State
of Colorado 80215. hereinafter called the llGrantor" for and in consideration of the sum ofTen Dollars and no/l 00 ($10.00) and other
valuable consideration to Philip C. Bisant 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 following described premises to-wit:
A tract of land lying in the SE 1/4 of Section 24, Township 3 South, Range 69 West ofthe 6th Principal Meridian, City of Wheat
Ridge, County of Jefferson, State of Colorado, described as:
A part of Lot 15, Hauo Subdivision, being a portion of those lands as described at Reception Number F0657316 of the official
records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of said SE 1/4 of Section 24, Whence the SW Corner bears S 89059'58"W. a distance of
2648.15 feet; Thence S890 59' 58"W along the South Lineof said SE 1/4, a distance of 2326.33 feet to a point; Thence NOOoOO'02"W
leaving said South Line, a distance of 30.00 feet to a point on the Northerly Right-of-Way of West 38th Avenue and the Point
of Beginning;
Thence S 89059'58" W along said Right-of-Way, a distance of69.00 feet; Thence NOooOO'02"W leaving said Right-of-Way, a
distance of 15.06 feet; Thence 887049'45!lE, a distance of69.05 feet; Thence 800000' 02"E, a distance of 12.45 feet to the Point of
Beginning;
NOTE: All bearings are relative to one another and are based on the bearing of the South line of the SE 1/4 of said Section 24 as
being S89059'58"W
For the purpose of: The construction, maintenance, and operation ofthe 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 #4391. The City's irrigation system and the property owner's water service shall be
and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental Immunities 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, including personal injury or loss of life, which may occur as a result of negligent
construction or 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 949 square feet (0.0218 acres) ofland, more or less.
Also known by street and number as: 5883 West 38ili Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that he has good title to the aforedescribed premises; and that he has good and lawful
right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this _day of
A.D., 2001
Philip C. Bisant, Grantor
STATE OF COLORADO )
)SS.
COUNTY OF JEFFERSON )
The foregoing instrument was acknowledged before me this _day of
.2001, byPhilipC. Bisant.
My commission expires
'_ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150, Aurora,
Colorado, 80014 and is not to be construed as representing a monumented land survey
E')C.l-\16ITA
Project No.: S-SCP-OI-OO
Location: 5823 W.38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Earl R. Wonning and Judith C. Wonning, whose address is1980 Taft Drive, Lakewood, County of
Jefferson, State of Colorado 80215, hereinafter called the "Grantors" for and in consideration of the sum ofTen Dollars and nolI 00 ($10.00) and other
valuable consideration to Earl R. Worming and Judith C. Wonning in hand paid by the City of Wheat Ridge, does hereby give and grant to the City of
Wheat llidge, a PERMANENT EASEMENT on, along, over and across the following described premises to-wit:
A tract of land lying in the SE 1/4 of Section 24, 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 those lands as described at Reception Number F0048813 of the official records of the County of Jefferson, State of Colorado, being
more particularly described as follows:
Comrnencingat the Southeast Comer of said SE 1/4 of Section 24, Whence the SW Comer bears S 89"59'58"W, a distance of 2648.15 feet;
Thence S89Q 59' 58"W along the South Line of said SE 1/4, a distance of2132.63 feet to a point; Thence NOooOO'02"W, leaving said South
Line, a distance of30.00 feet to a point on the Northerly Right-of-Way of West 38th Avenue and the Point of Beginning;
Thence S 89"59'58" W along said Right-of-Way, a distance of69 70 feet; Thence NOO 00'02"W leaving said Right-oC-Way, a distance of
10.50 feet; Thence 587 49'45"E, a distance of69.70 feet; Thence SOO 00' 02"E, a distance of 10.50 feet to the Point of Beginning;
NOTE: All bearings are relative to one another and are based on the bearing of the South line of the SE 1/4 of said Section 24 as being
S89 59'58"W
For the purpose of: The construction, maintenance, and operation 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 #4391. The City's irrigation system and the property owner's water service shall be and remain mutually exclusive. No
inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Govemmentallmmunities Act, Section 24-10-1 01, 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, including personal injUry or loss of life, which may occur as a result of negligent construction or 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 731 square feet (0.0168 acres) ofland, more or less.
Also lalo\\'n by street and number as: 5823 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantors hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and lawful right to
grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001
Earl R. Wonning, Grantor
Judith C. Wonning, Grantor
STATE OF COLORADO
)
) 5S.
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this _day of
.2001, by Earl R. Wonning and Judith C. Wonning.
My commission expires
Witness my hand and official seal.
SEAL
Notary Public
7500 W 29'" Avenue
Wheat Ridge, CO 80215-6713
The drafter 0 fthis description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria S t., S te. 150,
Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
~'\;It, p..
:l:
y
Project No.. S-SCP-01-00
Location: 5725 W 38th Ave.
Wheat Ridge, Colorado 80212
PEfu'1A1~NT EASEMENT
KNOW ALL MEN BY TIIESE PRESENTS, that Gene Dorsey, whose address is 5725 W 38th Avenne, Wheat Ridge, C01ll1ty ofJeffersoll,
State of Colorado, 80212, hereinafter called the "Grantor" for and in consideration of the sum ofTen Dollars and no/lOO ($10.00) and
other valuable consideration to Gene Dorsey in hand paid by the City of Wheat Ridge, does hereby give and grant to the City of Wheat
Ridge, a PER.~ANENT EASEMENT on, along, over and across the following described premises to-wit:
A tract ofland lying in the SE 1/4 of Section 24, 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 Block 27 and 28, Stewart Gardeos, being a portion of those lands as described at Reception Number 79011788 of the
official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of said SE 1/4 of Section 24, Whence the SW Comer bears S89059'5S"W, a distance of
2648.15 feet; Thence S89059'58"W along the South Line of said SE 1/4, a distance of 1762.78 feet to a point; Thence
NOooOO'02"W leaving said South Line, a distance of 30.00 feet to a point on the Northerly Right-of-Way of West 38th Avenue
and the Point of Beginning;
Thence S89059'58"W along said Right-of-Way, a distance of 143.28 feet; Thence NOooOO'02"W leaving said Right-of-Way, a
distance ofl0.50 feet; Thence N89059'S8"E, a distance of 146.26 feet; Thenee N45'OO'OO"E, a distance of9.61 feet; Thence
N08'37'14"E, a distance ofl0.24 feet; Thence N89'S9'58"E, a distance of5.41 feet to a point on the Westerly Right-of-Way of
Eaton Street; Thence SOO'OO'02"E, along said Westerly Right-of-Way, a distance of12.42 feet; Thence S48'06'12"W, a distance
of22.46 feet to the Point of Beginning;
NOTE: All bearings are relative to one another and are based on the bearing of the South line of the SE 1/4 of said Section 24 as
being S 89'59'58" W
For the purpose of: The construction, maintenance, and operation of the City's irrigation system, streetscape elements including
but not limited to plant material, street furtU,ture and other items shown in Wheat Ridge Project # S-SCP-02-0 I, including payment
of the water bill for water tap number WRWD #4391. The City's irrigation system and the property owner's water service shall be
and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental Innnunities 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, including personal injury or loss of life, which may occur as a result of
negligent construction or 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 1687 square feet (0.0387 acres) ofland, more or less.
Also known by street and number as: 5725 W 38'" 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
right to grant this easement.
IN WITNESS WHEREOF, I have hereunto set my hand this
day of
A.D., 2001.
Gene Dorsey, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this
day of
,2001, by Gene Dorsey
My commission expires
,_ Witness my hand and official seaL
SEAL
Notary Public
7500 W 29'" Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150,
Aurora, Colorado, 80014 and is not to be construed as representing a momimented land survey
!:'.><H151T A
Project No.. S-SCP-OI-OO
Location: 3815 Depew Sl.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Salvador E. Medina and Gracie1a Medina, whose address is 3815 Depew Street, Denver,
County of Jefferson, State of Colorado 80212, hereinafter called the "Grantors" for and in consideration of the sum ofTen Dollars and nolI 00
($10.00) and other valuable consideration to Salvador E. Medina and Graciela Medina 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 following described premises to-wit:
A tract of land lying in the SE 1/4 of Section 24, Township 3 South, Range 69 West ofthe 6th Principal Meridian, City of Wheat
Ridge, County of Jefferson, State of Colorado, described as:
A part of lot 8A, Block I, Replat of Depew Estates, being a portion of those lands as described at Reception Number F0507879
of the official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of said SE 1/4 of Section 24, Whence the SW Comer bears S 89'59'58''W, a distance of
2648.15 feet; Thence S89' 59' 58"W along the South Line of said SE 1/4, a distance ofl349 45 feet to a point; Thence NOO'OO'02"W
leaving said South Line, a distance of30.00 feet to a point on the Northerly Right-of-Way of West 38th Avenue and the Point of
Beginning;
Thence S 89'59'58" W along said Right-of-Way, a distance of 116.61 feet; Thence N 00'OO'02"W leaving said Right-of-Way, a
distance of 10.50 feet; Thence N 89'59'58"E, a distance of 0.31 feet; Thence SOO'02' 48"W, a distance of 10.11 feet; Thence
N89'59'58"E, a distance of74.54 feet; Thence N63' 15'ZI "E, a distance ofl1.58 feet; Thence N75'03'22"E, a distance ofl8.51 feet;
Thence NOl ' II' 25"E, a distance of 1.53 fcct, Thence N71 '3Z'55"E, a distance ofl4.25 feetto a point on the Westerly Right-of-Way
of Depew Street; Thence SOO'02'13"E, along said Westerly Right-of-Way, a distance of 16.40 feet to the Point of Beginning.
NOTE: All bearings afe relative to one another and are based on the bearing of the South line of the SE 1/4 of said Section 24 as
being S 89'59'58" W
For the purpose of: The construction, maintenance, and operation ofthe City's irrigation system, streetscape elements including
but not limited to plant material, street furniture and other items sho\Vll in Wheat Ridge Project #S-SCP-02-01, including payment
of the water bill for water tap number WR WD #4390. The City's irrigation system and the property o\Vller's water service shall be
and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental Immunities Act,
Section 24-10-10 I, 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, including personal injury or loss of life, which may occur as a result of negligent
construction or 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 397 square feet (0.0091 acres) afland, more or less.
v
Also known by street and number as: 3815 Depew Street, 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 right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D., ZOOI
Salvador E. Medina, Grantor
Graciela Medina, Grantor
STATE OF COLORADO
)
)SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this
day or
, 200 I, by Salvador E. Medina and Graciela Medim
My commission expires
, _ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29" Avenue
Wheat Ridge, CO 80Z15-6713
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150, Aurora,
Colorado, 80014 and is not to be construed as representing a monumented land survey
Ex.1t1p.>\T A
Project No.. S-SCP-OI-OO
Location: 5455, W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Lorac Properties, Inc., whose address is 9105 E. Lehigh Avenue, Denver, County of
Denver, State of Colorado, 80237, hereinafter called the "Grantor" for and in consideration of the sum ofTen Dollars audno/lOO ($10.00)
and other valuable consideration to Lorac Properties, Inc. in hand paid by the City of Wheat Ridge, does hereby give and grant to City of
Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the following described premises to-wit:
A tract ofland lying in the SE 1/4 of Section 24, 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 Blocks 9,10, 11 and 12, Stewart Gardens, being a part of those lands as described at ReceptionNwnber 92017508 of the
official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Southeast Corner of said SE 1/4 of Section 24, Whence the SW comer of said SE 1/4 of Section 24 bears
S89059'58"W, a distance of2648.15 feet; Thence S89059'58''W along the South Line of said SE 1/4, a distance of661.95 feet to
a point; Thence NOQoOO'02"W leaving said South Line, a distance of30.00 feet to a point on the Northerly Right-of-Way line of
West 38th Avenue and the Point of Beginning;
Thence S89059'58"W along said Northerly Right-of-Way line, a distance of 300.00 feet; Thence NOooOO'02"W leaving said
Right-of-Way line, a distance of21.73 feet; Thence S45000'00"E, a distance of 14.36 feet; Thence N89059'58"E, a distance of
289.85 feet; Thence SOooOO'02"E, a distance of 11.58 feet to the Point of Beginning.
NOTE: All bearings are relative to one another and are based on the bearing of the South line of the SE l~ of said Section 24 as
being S 89059'58" W
For the purpose of: The construction, maintenance, and operation 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 WR WD #4389 The City's irrigation system and the property owner's water service shall be and
remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: To the extent permitted by law, and without waiving any irnnnmities, protections, or
defenses available at common law or under statute, including, without limitation, the Colorado Governmental Immunities Act,
Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold harrn\ess the Grantor(s) from and
against any suit, claim, attorney's fees, loss or damage, including personal injrny or loss of life, which may occur as a result of
negligent construction or 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 3526 square feet (0.0809 acres) of land, more or less.
Also known by street and number as: 5455 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and lawful
right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001.
Lorac Properties, Inc., Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrwnent was acknowledged before me this _ day of
,2001. by
Lorac Properties, Inc.
My cormnission expires
~ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A. Verrnaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150, Aurora,
Colorado, 80014 and is not to be construed as representing a monumented land survey
-
Project No.. S-SCP-OI-OO
Location: 5215, 5223, 5305, 5395 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that 38th & Sheridan LTD Partnership, whose address is 6500 S. Quehec St.,
Englewood. County of Arapahoe, State of Colorado, 80111, hereinafter called the "Grantor" for and in consideration ofthe sum of
Ten Dollars and noli 00 ($10.00) and other valuable consideration to 38th & Sheridan LTD., Partnership in hand paid by the City of
Wheat Ridge, does hereby give and grant to City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the
following described premises to-wit:
A tract ofland lying in the SE 1/4 of Section 24, Township 3 South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, County of Jefferson, State of Colorado, described as:
A portion of those lands as described at Reception Number 92151590 of the official records of the County of Jefferson,
State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of the said SE 1/4 of Section 24, Whence the SW comer of said SE 1/4 of Section 24
bears S89059'58"'W, a distance of2648.15 feet; Thence S89059'58"W along the South Line of said SE 1/4, a distance of
358.35 feet to a point; Thence NOooOO'02"W leaving said South Line, a distance ono.oo feet to a point on the Northerly
Right-of-Way line of West 38th Avenue and the Point of Beginning;
Thence S89059'58"W along said Northerly Right-of-Way line, a distance on03.51 feet; Thence NOooOO'02"W leaving
said Right-of-Way line, a distance ofl1.58 feet; Thence N89059'58"E, a distance of 117.00 feet; Thence NOo033 '37"E a
distance ofl1.52 feet; Thence N89059'58"E a distance of200.94 feet; Thence SOooI8'35"W a distance of 8.99 feet to a
point of tangent curvature; Thence along the arc of a curve to the right having a central angle of 88028' 14", a radius of
14.50 feet, an arc length of22.39 feet, and having a chord which bears S45046'46"W a distance of20.23 feet, to the Point
of Beginning.
NOTE: All bearings are relative to one another and are based on the bearing of the South line ofthe SE 1/4 of said Section
24 as being S 89059'58" W
For the purpose of: The construction, maintenance, and operation of the City's streetscape elements including, but not
limited to, street furniture, sidewalks, and items other than plant material, as shown in Wheat Ridge Project #S-SCP-02-01
Subject to the following terms and conditions: To the extent pennitted by law, and without waiving any immunities,
protections, or defenses available at conunon law or under statute, including, without limitation, the Colorado Governmental
Immunities 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, including personal injury or loss oflife, which
may occur as a result of negligent construction or maintenance of said streets cape elements and irrigation system by and/or
for the City of Wheat Ridge on the property subject to this easement.
Said tract contains 5953 square feet (0.13665 acres) of land, more or less.
Also known by street and number as: 5215, 5223, 5305, 5395 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and
lawful right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001
38th & Sheridan LID Partnership, Grantor
ST ATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this
day of
,2001,
by
,38th & Sheridan L TO Partnership
My commission expires
Witness my hand and official seal.
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Timothy J Kirwan, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste.
150, Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
SEAL
I
--
\w
Project No.. S-SCP-Ol-OO
Location: 5215, 5223, 5305, 5395 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that 38th & Sheridan LTD. Partnership, whose address is 6500 S. Quebec St.,
Englewood, County of Arapahoe, State of Colorado, 80111, hereinafter called the "Grantor" for and in consideration of the sum of
Ten Dollars and noll 00 ($10.00) and other valuable consideration to 38th & Sheridan LTD., Partnership in hand paid by the City of
Wheat Ridge, does hereby give and grant to City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the
following described premises to-wit:
A tract ofland lying in the SE 1/4 of Section 24, TownshIp 3 South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, County of Jefferson, State of Colorado, described as:
A Portion of those lands as described at Reception Number 92151590 of the official records of the County of Jefferson,
State of Colorado, being more particularly described as follows:
Commencing at the Southeast Comer of the said SE 1/4 of Section 24, Whence the SW comer of said SE 1/4 of Section 24
bears S89059'58"W, a distance of2648.l5 feet; Thence S89059' 58"W along the South Line of said SE 1/4, a distante of
141.61 feet to a point; Thence NOooOO'02"W leaving said South Line, a distance of30.00 feet to a point on the Northerly
Right-of-Way line of West 38th Avenue and the Point of Beginning;
Thence S89059'58"W along said Northerly Right-of-Way line, a distance of 14545 feet; Thence N490l6'07"W leaving
said Right-of-Way line, a distance ofl6.09 feet to a point oflangent curvature; Thence along the arc of a curve to the right
having a central angle of 28008'15", a radius of 30.20 feet; an arc length of 14.83 feet and having a chord which bears
N35012'00"W, a distance ofl4.68 feet; Thence N89059'58"E, a distance ofl66.11 feet; Thence SOooOO'02"E, a distance
of22.50 feet to the Point of Beginning.
NOTE: All bearings are relative to one another and are based on the bearing oflhe South line of the SE 1/4 of said Section
24 as being S 89059'58" W .
For the purpose of: The construction, maintenance, and operation of the City's streetscape elements including, but not
limited to, street furniture, sidewalks, and items other than plant material, as shown in Wheat Ridge Project #S-SCP-02-0 1.
Subject to the following terms and conditions: 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 Governmental
lrrununities 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, including personal injury or loss of life, which
may occur as a result of negligent construction or 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 3543 square feet (0.0813 acres) ofland, more or less.
Also known by street and numher as: 5215, 5223, 5305, 5395 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that they have good title to the aforedescribed premises; and that they have good and
lawful right to grant this easement.
IN WlTNESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001
38th & Sheridan L TD Partnership, Grantor
STATE OF COLORADO
COUNTY OF JEFFERSON
)
) SS.
)
The foregoing instrument was acknowledged before me this _day of
,2001,
by
,38th & Sheridan L TD Partnership.
My commission expires
Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Timothy J Kirwan, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste.
150, Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
Ex.I-l\6l-r A
Project No.. S.SCp.OI-OO
Location:5800,5900,5990 W.38t1LAve.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESE}.;TS, that Fred L. Spallone, Inc., whose address is 5890 W 37111 Place, Denver, County of Jefferson, State of
Colorado 80212, hereinafter caned the "Grantor" for and in consideration ofthe sum ofTen Dollars and no/1 00 ($10.00) and other valuable consideration
to Fred L. Spallone, Inc. 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 fonowing described premises to~wit:
A tract of land lying in 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 I tbru23, Fred L. Spallone Subdivision, being a portion of those lands as described in Book 11, Page 12 of the official records
of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4 of Section 25, Whence then NW Comer bears S 89c59'58"W, a distance 0[2648.15 feet;
Thence S89" 59' 58"W a10ng the North Line of said NE 1/4 ofSecbon 25, a distance of2026.04 feet to a point; Thence SOocOO'02"E leaving
said North Line, a distance of 45.00 feet to a point on the Westerly Right~of-Way of Fenton Street and the Point of Beginning;
Thence SOooOO'02"E, along said Westerly Right-of-Way, a distance of 11.25 feet; Thence N90oQO'00"W leaving said Right-of-Way, a distance
of 1719 feet; Thence N OooOO'OO"W, a distance of 13.25 feet; Thence S89059'58"W, a distance of 538.21 feet; Thence S39012'06"W, a
distance of 47.68 feet; TheuceS89c55'32"W, a distance of 6.52 feet to a point on the Easterly Right-of~Way of Harlan Street; Thence
NOooOO'02"W, along said Easterly Right-of-Way, a distance of34.94 feet to a point of curvature; Thence along the arc of said curve to the right
having a ceno-al angle of90000'00", a radius of 15.00 feet, an arc length 23.56 feet to a point on the SoutberlyRight-of-Way ofW 38th Avenue;
Theoce N89059'58"E, along said Southerly Right-of-Way, a distance of 562.04 feet to a point of curvature; Thence along the arc of said curve
to the right having a central angle 0[90000'00",a radius of 15.00 feet, an arc length of23.56 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 being S 89059'58"
W
For the purpose of: The construction, mamtenance, and operation ofthe City's iIIlgation system, streetscape elements mcluding but not limited
to plant material, street furniture and other items shown in Wheat Ridge Project #S-SCP-02-0 I, including payment ofthe water bill for water tap
number WRWD #4391. The City's irrigation system and the property owner's water service shaH be and remain mutually exclusive. No inter-
connects of water systems shan be allowed.
Subject to the following terms and conditions: To the extent permitted by law, and without waiving any innnunities, protections, or defenses
available at common law or under statute, including, without limitation, the Colorado Govemmental Immunities Act, Section 24-1 0-1 0 1, et seq.,
C.R.S., the City, individually and for itself only, agrees to hold hannless the Grantor(s) from and against any suit, claim, attorney's fees, toss or
damage, including personal injury or loss ofhfe, which maYOGCUI as a result of negligent construction or maintenance of said streetscapc elements
and irrigation system by and/or for the City of Wheat Ridge on the property subject to this easement.
Said tract contains 8625 square feet (0.1980 acres) of land, more or less.
Also known by street and number as: 5800,5900 & 5990 West 38th Avenue, Wheat Ridge, CO 80212.
~d the Grantor hereby covenant \",ith the City that they have good title to the afaredescribed premises~ and that they have good and lawful right to grant
thIS easement.
IN WITNESS WHEREOF, we have hereunto set our hands this _day of
A.D., 2001.
Fred L. Spallone, Inc., Grantor
STATE OF COLORADO
)
) SS.
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this
day of
.2001, by Fred L. Spallone, Inc.
My commission expires
Witness my hand and official seal.
SEAL
Notary Public
7500 W 29ili Avenue
Wheat Ridge, CO 80215.6713
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150,
Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
~~\1!>1" A
Project No.. S-SCP-Ol-OO
Location:5750 W.38,h Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Juana Padilla and Alejandro Padilla Partnership, A General Partnership., whose
address is 6698 West Louisiana Place Lakewood, County of Jefferson, State of Colorado 80232, hereinafter called the "Grantors" for
and in consideration of the sum of Ten Dollars and no/lOa ($10.00) and other valuable consideration to Juana Padilla and Alejandro
Padilla Partnership, a General Partnership in hand paid by tllO Cit)' of Wheat Ridge, does hereby give and grant to the City of Wheat
Ridge, a PERMANENT EASEMENT on. along, over and acrosS the following described premises to-wit:
A tract of land lying in the NE 1/4 of Sechon 25, lownship J-South, Range 69 West of the 6th Principal Meridian, City of
Wheat Ridge, County of Jefferson, State of Colorado, ciescribed as:
A part of those lands as described at Reception Number f 1268618 in the official records of the County of Jefferson, State of
Colorado, being more particularly desclibed as follows:
Commencing at the Northeast Corner ot said NE 1/4 of Section 25, \\'hence then NW Comer bears S 89"59'58"W, a
distance of2648.15 feet: Thence S89"5~' 5S"'W along the North Line of said NE 1i4 of Section 25, a distance of 1788.04
feet to a point; Thence SOooOO'02"E Ieavinll said North Line, a distance of 30.00 feet to a point on the Southerly Right-of-
Way ofW 38th Ave and the Point of Beginning;
Thence SOooOO'02"E leaving said Right-of-Way,. distance of 13 43 feet; Thence S89059'58"W, a distance of 99.00 feet;
Thence N OOOOO'02"W, a distance of 13;43 feet to a 'Point on the said Southerly Right-of-Way; Thence N89059'58"E, along
said Southerly Right-of-Way a distance of99.00 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 being S 89059'58" W
For the purpose of: The construction, mamtenance, and operation of the City's irrigation system, streetscape elements
includmg but not limited to plant material, street furniture and other items shown in \\-lleat Ridge Project #S-SCP-02-01,
including payment of the water bill for wate. tap Dumber WRWD #4391. The City's irrigfl:tion system and the property owner's
water service shall be and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the folloVling terms and conditlOTJ'i: To the extent permitted by law, and Vlithout waiving any immunities,
protections, or defenses available at conimon law or under statute, including, without limitation, the Colorado Governmental
Immunities Act, Section 24-10-101, et seq., C R.S" the City individuaUy and for itself only, agrees to hold harmless the
Grantor(s) from and against any suit, claim, attorney's fees, loss or damage, including personal injurv or loss of life, which may
occur as a result of neglIgent construction or maintenance' of saili stteets'cape elements and irrigation system by and/or for the
Clty of Wheat Ridge on the property subject to this easement.
Said tract cuntains 1330 square feet (0.0305 acres) ofland, more or less.
Also known by street and number as: 5750 W 38lli Avenue, Wheat Rldge, CO 80212.
And the Grantors hereby covenant with the City that tbey have good title to the; afore described premises; and that they have good and
lawful right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D,2001
Juana Padilla, Grantor
Alejandro Padilla, Grantor
STATE OF COLORADO
)
) SS
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowle?ged before m.e tlris~da) o(,~__, 200! by Juana "Padilla and Alejandro Padilla.
My commission expires ~___._ ,_.~_. Witness my ham! and official seaL
SEAL
Notary Public
7500 W- 29th Avenue
Wheat Ridge, CO X0215-67t3
The drafter of this description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste_ 150, Aurora,
Colorado, 80014 and is not to be construed as representing a monumented land survey
~\13\'T A
Project No.. S-SCP-01-00
Location: 5700 & 5712 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Stephen P Onstott & Susan J. Onstott, whose address is 6228 Yarrow Street,
Arvada. County of Jefferson, State of Colorado, 80004, hereinafter called the "Grantors" for and in consideration of the sum ofTen
Dollars and noli 00 ($10.00) and other valuable consideration to Stephen P Onstott & Susan J Onstott in hand paid by the City of
Wheat Ridge, does hereby give and grant to City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the
following described premises to-wit:
A tract ofland lying in 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 Parcels 1 and 2, as described at Reception Number F0565739 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 bears S89059'58"W, a distance
of2648.15 feet; Thence S89059'58"W along the North Line of said NE 1/4 of Section 25, a distance of1655.09 feet to a
point; Thence SOooOO'02"E leaving said North Line, a distance ono.oo feet to a point on the Southerly Right-of-Way of
West 38th Avenue and the Point of Beginning;
Thence SOooOO'02"E leaving said Right-of-Way, a distance of 13.43 feet; Thence S89059'58"W, a distance of132.95 feet;
Thence NOO'OO'02"W, a distance of 13.43 feet to a point on said Southerly Right-of-Way; Thence N89'59'58"E, along
said Southerly Right-of-Way, a distance of 132.95 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 being S 89'59'58" W
For the purpose of: The construction, maintenance, and operation 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-02-0 1,
including payment ofthe water bill for water tap numbers WRWD #4390 and WRWD #4391. The City's irrigation system
and the property owner's water service shall be and remain mutually exclusive. No inter-connects of water systems shall be
allowed.
Subject to the following terms and conditions: To the extent permitted by law, and without waiving any inununities,
protections, or defenses available at common law or under statute, including, without limitation, the Colorado Governmental
lrrununities Act, Section 24-10-10 I, 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, including personal injury or loss oflife, which
may occur as a result of negligent construction or 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 1786 square feet (0.0180 acres) ofland, more or less.
Also known by street and number as: 5700 & 5712 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 right to grant this easement.
IN WITNESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001
Susan J Onstott, Grantor
Stephen P Onstott, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this _ day of
J. Onstott.
,2001, byStephenP Onstott&Susan
My commission expires
, _ Witness my hand and official seaL
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter ofthis description is Roger A. Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste.
150, Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
f:)(~ \ SIT A.
Project No.. S-SCP-OI-OO
Location: 5630 W 38th. Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Richard D Oneslager, Jr., whose address is 9171 E. Arapahoe Rd., Englewood, County
of Arapahoe, State of Colorado, 80112, hereinafter called the "Grantor" for and in consideration of the sum ofTen Dollars and no/lOa
($10.00) and other valuable consideration to Richard D Oneslager, Jr. 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 following described premises to-wit:
A tract ofland lying in 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 Lot 1, Block 1, Balmar Consolidation Plat, being a portion of those lands as described at Reception Number F0921253
of the official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Northwest Comer of said NE 1/4 of Section 25, Whence the NE Corner bears N89059'5S"E, a distance of
2648.15 feet; Thence N89"59'58"E along the North Line of said NE 1/4 of Section 25, a distance of 993.16 feet to a point;
Thence SOO"00'02"E leaving said North Line, a distance 000.00 feet to a point on the Southerly Right-of.Way of West 38th
Avenue and the Point of Beginning;
Thence N89059'58"E leaving said Right-of-Way, a distance 0[291.09 feetto a point of tangent cmvature; Thence along the arc
of a curve to the right having a central angle of 90000'00", a radius of 15.00 feet, an arc length of23.56 feet and a chord which
bears S45"00'02"E, a distance of21.21 feet to a point on the westerly Right-of-Way of Depew Street; Thence SOO"00'02"E along
said Right-of-Way! a distance of 16.30 feet; Thence S89059'58"W leaving said Right-of-Way, a distance of2.52 feet: Thence
NOooOO'02"W, a distance of 2.44 feet: Thence N45"00'00"W, a distance of 29.84 feet; Thence S89"59'58''W, a distance of
282.47 feet; Thence NOO"00'02"W, a distance of 7 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
being S 89"59'58" W
For the purpose of: The construction, maintenance, and operation 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-Ol, inc1udingpayrnent
of the water bill for water tap number WR WD #4390. The City's irrigation system and the property owner's water service shall be
and remain mutually exclusive. No inter~connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental Immunities Act,
Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold hann1ess 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 streetscape elements and irrigation system by and/or for the City of Wheat Ridge on
the property subject to this easement.
Said tract contains 2609 square feet (O.0599acres) ofland, more or less.
Also known hy street and number as: 5630 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that he has good title to the aforedescrihed 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
A.D., 2001.
Richard D Oneslager, Jr., Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instnnnent was acknowledged before me this
day of
,2001, by Richard D. Oneslager, Jr..
My commission expires
'_ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th A venue
Wheat Ridge, CO 80215-6713
The drafter ofthis description is Timothy J Kirwan, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste. 150,
Aurora, Colorado, 80014 and is not to be construed as representmg a monumented land survey
f:x)'\'I~lT' A.
Project No.. S-SCP-OI-OO
Location: 5500 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, thatDarre] Lee Norgren, whose address is 147 Dolores Circle, Glenwood Springs, County of
Garfield, State of Colorado, 81601, hereinafter called the "Grantor" for and in consideration of the snm of Ten Dollars and no/IOO
($10.00) and other valuable consideration to Darre] Lee Norgren in hand paid by the City of Wheat Ridge, does hereby give and grant to the
City of Wheat Ridge, a PERMA1~NT EASEMENT on, along, over and across the following described premises to-wit:
A tract ofland lying in 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 ofLat 1, Norgren Minor Subdivision, being a portion of those lands as described at Reception Nwnber F0209018 of the
official records of the COWlty of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4 of Section 25, Whence the NW Corner of said NE 1/4 of Section 25 bears
S89059'58"W, a distance of2648.15 feet; Thence S89059'58"W along the North Line ofsaidNE 1/4, a distance of 1012.63 feet
to a point; Thence SOooOO'02"E leaving said North Line, a distance of 40.00 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 of12.24 feet; Thence S89059'58"W, a distanceof82.29 feet; Thence
N88032'59"W, a distance of 55. 58 feet; Thence NOooOO'02"W, a distance of7.25 feet to a point on said Southerly Right-of-Way;
Thence N89059'58"E along said Right-of-Way, a distance of 129.20 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
being S 89059'58" W
For the purpose of: The construction, maintenance, and operation of the City's irrigation system, streetscape elements including
but not limited to plant material, street ftuniture and other items shown in Wheat Ridge Project # S-SCP-02-0 1, including payment
of the water bill for water tap number WR WD #4390. The City's irrigation system and the property owner's water service shall be
and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following tenus and conditions: To the extent pennitted by law, and without waiving any immunities, protections, or
defenses available at common law or under statute, including, without limitation, the Colorado Governmental Immunities Act,
Section 24-10-101, et seq., C.R.S., the City, individually and for itself only, agrees to hold hannless 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 streetscape elements and irrigation system by and/or for the City of Wheat Ridge on
the property subject to this easement.
Said tract contains 1118 square feet (0.0257 acres) of land, more or less.
Also known by street and number as: 5500 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantor hereby covenants with the City that he has good title to the aforedescribed 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
A.D., 2001
Darrel Lee Norgren, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this
day of
, 2001, by Darrel Lee Norgren.
My commission expires
,~ Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th. Avenue
Wheat Ridge, CO 80215-6713
The drafter ofthis description is Timothy J Kirwan, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Sle. 150,
Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
EO)<.HI\!,I-r A
/
Project No.. S-SCP-OI-OO
Location: 5390 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Glenn 1. Flood & Barbara A. Flood, whose address is 6034 Y oungfield Street, Arvada, County
of Jefferson, State of Colorado, 80004, hereinafter called the "Grantors" for and in considerati.on of the sum ofTen Dollars and ".o/IOO ($10.00)
and other valuable consideration to Glenn J Flood & Barbara A. Flood in hand paid by the CIty of \\The at Ridge, does nereby gwe and grant to
City of Wheat Ridge, a PERMANENT EASEMENT on, along, over and across the following described premises to-wit:
A tract ofland lying in 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 Lot 14, Lancaster SubdlVision and Lot 1, Block 2, Pearson-Woodside Addition, being a portion afthose lands as described at
Reception Number 93043609 of the official records ofthe County of Jefferson, State of Colorado, being more particularly described as
foHows:
PARCEL A.
The South 6 feet of the North 30 feet of said Lot 14, Lancaster Subdivision and said Lot 1, Block2, Pearson~Woodside Addition.
PARCEL B:
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 of2648.15 feet; Thence S89059'58"W along the North Line of said NE 1/4, a distance of 471.27 feet to a
point; Thence SOooOO'02"E leaving said North Line, a distance of 40.00 feet to a point on the Southerly Right-of-Way of West 38th
A venue and the Point of Beginning;
Thence continuing SOooOO'02"E leaving said Right-of-Way, a distance of7.00 feet; Thence S89059'58"W, a distance of 119.54 feet;
Thence 858041 '03"W, a distance of 12.88 feet; Thence 889059' 58"W, a dlstance of 1 0.00 feetto a point on the Easterly Right.of- Way
of Benton Street and a point of non-tangent curvature; Thence along the arc of said curve to the right having a central angle of
84059'52", a radius of 15.00 feet; an arc length of 22.25 feet and haVIng a chord which bears N47030'02"E, a distance of 20.27 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 125.60 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 being
S 89059'58" W
For the ourvose of: The construction, maintenance, and operation of the City's irrigation system, streetscape elements including but not
limited to plant matenal, street furniture and other items shown in \Vheat Ridge Project # S-SCP-02-01, including payment of the water
bill for water tap number \VRWD #4389 The Clty'S irrigation system and the property owner's water service shall be and remain
mutually exclusive. No inter-connects of water systems shall be allowed.
Subiect to the following terms and conditions: To the extent pennitted by law, 3nd without waiving any immunities, protections, or
defenses available at common law or under statute, including, without limitation, the Colorado Governmental Immunities Act, Section
24.10- \01, et seq., C.R.S., the Ci.ty, individually and for itself only, agrees to hold hannless the Grantor(s) from and against any suit,
claim, attorney's fees, loss or damage, including persona] injury or loss oflife, which may occur as a result of negligent construction or
maintenance of sai.d streetscape elements and irrigation system by and/or for the City of Wheat Ridge on the property subject to this
easement.
Said tract contains 1886 square feet (0.0433 acres) of land, more or less.
Also known by street and number as: 5390 West 38th Avenue, Wheat Ridge, CO 80212.
And the Grantors hereby covenant wnh the Cltythat they have good title to the aforedescribed premises; and that they have good and lawful right
to grant thIS easement.
IN WITNESS WHEREOF we have hereunto set our hands thIS
day of
A.D.,200L
Glenn J Flood, Grantor
Barbara A. Flood, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
The foregoing instrument was acknowledged before me this _ day of
,2001, by Glenn J Flood & Barbara A. Flood.
My conunission expires ,_ Wltness my hand and official seal.
SEAL Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter of this description is Roger A Vermaas, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria SI., Sle. 150,
Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
J::^HII5I-l A
ProjectNou S-SCP-OI-OO
Location: 5280 W 38th Ave.
Wheat Ridge, Colorado 80212
PERMANENT EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that Kelly Zielbauer & Danica Filonowich, whose address is 8640 West 93rd Place,
Westminster, County of Jefferson, State of Colorado, 80021, hereinafter called the "Grantors" for and in consideration of the sum of
Ten Dollars and no/IOO ($10.00) and othervaluahle consideration to Kelly Zielbauer & Danica Filonowich in hand paid by the City
of Wheat Ridge, does hereby give and grant to City of Wheat Ridge, a PEIL'\IANENT EASEMENT on, along, over and across the
following described premises to-wit:
A tract ofland lying in 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 oflots I & 2, Block I, Pearson-Woodside Addition, being a portion of those lands as described at Reception Number
F0334520 of the official records of the County of Jefferson, State of Colorado, being more particularly described as follows:
Commencing at the Northeast Corner of said NE 1/4 of Section 25, Whence the NW Corner bears S89059'58"W, a distance
of 2648.15 feet; Thence S89059'58"W along the North Line of said NE 1/4, a distance of250.73 feet to a point; Thence
SOooOO'02"E leaving said North Line, a distance of 40.00 feet to a point on the Southerly Right-of-Way of West 38th
Avenue and the Point of Beginning;
Thence continuing SOooOO'OZ"E, a distance of 7 00 feet; Thence S89059'58"W, a distance of 34.97 feet; Thence
S4504Z'14"W, a distance of 21.00 feet to a point on the Easterly Right-of-Way of Ames Street; Thence NOOoOO'OZ"W
along said Right-of-Way, a distance of21.66 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 50.00 feet to the Point of Beginning.
NOTE: All bearings are relative to one another and are based on the bearing ofthe North line of the NE 1/4 of said Section
25 as being S 89059'58" W
For the purpose of: The construction, maintenance, and operation 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-02-0 I,
including payment of the water bill for water tap number WRWD #4389 The City's irrigation system and the property
owner's water service shall be and remain mutually exclusive. No inter-connects of water systems shall be allowed.
Subject to the following terms and conditions: 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 Governmental
Immunities Act, Section 24-10-10 I, 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, including personal injury or loss ofhfe, which
may occur as a result of negligent construction or maintenance of said streetscape elements and irrigation system by andlor
for the City of Wheat Ridge on the property subject to this easement.
Said tract contains 460 square feet (0.0106 acres) ofland, more or less.
Also known by street and number as: 5280 West 38th Avenue, Wheat Ridge, CO 8021Z.
And the Grantors hereby covenant with the City that they have good title to the aforedescribed premises; and that they have good and
lawful right to grant this easement.
IN Wl1NESS WHEREOF, we have hereunto set our hands this
day of
A.D., 2001
Kelly Zielbauer, Grantor
Danica Filonowich, Grantor
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
~e foregoing instrument was acknowledged before me this ~day of
Fllonowich
, 2001, by Kelly Zielbauer & Danica
My commission expires
Witness my hand and official seal.
SEAL
Notary Public
7500 W 29th Avenue
Wheat Ridge, CO 80215-6713
The drafter ofthis description is Timothy J Kirwan, prepared on behalf of Aspen Surveying, Inc., 2993 S. Peoria St., Ste.
150, Aurora, Colorado, 80014 and is not to be construed as representing a monumented land survey
~~.~..' ..,........
~---- ~--..;;~~
City of Wheat Ridge
Department of Public Works
MEMORANDUM
DATE:
SUBJECT:
Scott Staples, City Manager
Bob Goebel, Director of Public Works
David Menter, Transportation Plann~~~
Gary Campbell, Engineering Tech. I~~~
October 17, 2001
Easement and R.O E. Signature Update for W 38th Avenue Streetscape Project
TO:
FROM:
NORTH SIDE
0~e~ Address Business.Name Statllso'f.Easemeht and'Ri~ut ofEntry,~QE)
Sandalwood 6005 Sandalwood Both signed.
Manor Manor
Wesley 5995 Auto Repair Both docs signed.
Webb 5901 Silver Bullet Qvmer says lawyer is reviewing documents at this time. Negotiations
Shooting Range continuing.
Bisant 5B83/ 5885 Red Fern Carpet Owner says lawyer is reviewing documents at this time. Negotiations v""
continuing.
Blissett 5857 Drain 0' Rooter Both docs signed.
Sandoval 5855 Computer Both signed.
Graphics
Wonning 5823 House Owner calls project "ill conceived" and refuses to sign any documents. V
Lee 5807/5817 Los Sinaloenses Both signed. Agrees to sign cross access agreement wi 580l.
Restaurant
Morrison 5801 Driveway Access Both signed. Very hesitant to sign cross access agreement wi 5807
Negotiations continuing for cross access agreement.
Dowell/ 5785 House Both signed.
Cordova
Dorsey 5725 House and Realtor and tentative new owner contacted, sale of property scheduled
(tentative Vacant Lot for mid Oct. They are reviewing documents and considering project. V
new owner - Negotiations continuing.
Barajas)
Gregory/ 5695 House Both signed.
Hamilton
Vallejos/ 5675 House Both signed.
Martinez
Ziegler 5667 House Both signed.
Medina 3815 Depew House Ovmer says he is checking with mortgage company which may desire V
to co-sign easement. Negotiations continuing.
Castillo 3810 Depew House Both docs signed.
Griffiths 5511' 5515 Chiropractor and Both docs signed.
House
Weber 5501 House Both docs signed.
Lorac 5455 Chase Plaza R.O.E. signed. Owner is expected to sign easement later.
Properties,
LLC
Ridge Center 5201/ 5395 King Soopers Owner has been out of town for several weeks. Negotiations V"'"
continuing.
v
~
Page 1 of 2
Owner Address Business Name _.atus of Easement and Right of Enrty (ROE)
Santos 6000 Santos Muffler Both signed.
and Radiator
Spallone 5800; 5999 Everyday Owner is expected to sign R.O.E. shortly Easement is expected to be
Darby's signed by owner at a later date after re-engineering and a revised
Cabinets, Jin easement can be drafted.
Hahn Chinese,
others
Darnell 5780/5796 Sew & Vac Both docs signed.
Padilla 5750 LaFonda Met several times mth property owner. Has changed his mind
Restaurant regarding potential agreement with City Negotiations continuing.
Onstott 5700/5712 Car Quest Auto Owners recently rejected two alternative plans suggested by the Public
Parts Works Department. Owner does not want to lose 1 to 2 parking spaces
in front of the building in suggested parking configuration changes that
would improve safety related to the existing back-out parking condition
onto 38lh Ave. Other issues may emerge. Negotiations continuing.
Ones lager 5630 Open lot Owner has re-development plan for the property in design stage. Other
concerns may emerge. Negotiations continuing.
Luebke 3790 Depew Aparunents Both docs signed.
Norgren 5500 Wheat Ridge Reached agreement with tenant; he has option to buy propertY He has
Animal Clinic stated if final design is acceptable with him, it will be with property
owner Documents in the mail to property owner. Expected to sign.
Dometrovich 5478 Car Bath Both signed.
I Peterson
Kay 5400 Mrs. Selena Both signed.
Psychic
Flood 5390 Retail Owner has been out of to"WIl for several weeks. Negotiations
continuing.
Goddard 5310 Retail Both docs signed.
Gagnon 5300 Auto Repair Contract to purchase property recently signed between owner/City
Easement and/or R.O.E. no longer being pursued.
Zielbauer/ 5280 Cabinet Shop Ovmer has yet to provide a cost estimate for possible construction of a
Filonowich new (side) front door in exchange for the elimination of existing "back-
out" parking spaces onto W 38lh Owner has not yet responded to
further requests for this info. Other issues may emerge. Negotiations
continuing.
Archer 5250 Paradise Both docs signed.
Billiards
Mandril 5208 Casman's Auto Both docs signed.
SOUTH SIDE
./
./'
.,/
./"
.,/'
./
./
Note:
All owners not yet signed, were mailed a letter on 10/12/01 stating the possibility that City Council could
consider the initiation of action to procure easements via eminent domain powers.
Page 2 of 2