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KNrn~ ALL MEN BY THESE PRESENTS, that the City and County
of Denver acting by and throu~h its Board of Water Commissioners,
whose address is 144 l'lest Colfax Avenue, City and County of
Denver, State of Colorado, for the consideration of Eight Thousand
Dollars ($8,000.00), in hand paid, receipt of which is hereby
acknowledged, hereby sells and conveys to WHEATRIDGE RECREATION
DISTRICT, of the County of Jefferson and State of Colorado, the
following; real property situate in the County of Jefferson and
State of Colorado, to-wit:
A parcel of land situated in the southwest quarter
(SW 1/4) of Section 25, Township 3 South, Range 69
Hest of the Sixth Principal Meridian, County of
Jefferson, State of Colorado; more particularly des-
cribed as follows:
The east 253 feet of Lot 4, Block 4, Henderson's
Subdivision according to the amended plat thereof
on file in the office of the Clerk and Recorder of
Jefferson County, except the following described
parcel of land, to-wit:
Beginning at a brass cap which is the northeast
corner of said Lot 4, thence south 890 47' 30" west
along the north line of said Lot 4, a distance of
26.43 feet to a brass cap; thence south 310 28'
west a distance of 12.14 feet to a brass cap; thence
south 300 lO' 30" west a distance of 241.39 feet to
a brass cap; thence south 490 54' west a distance of
127.68 feet to a brass cap 253 feet west of the east
line of said Lot 4; thence south 00 13' 30" east,
253 feet west of and parallel to the east line of
said Lot 4, a distance of 19.35 feet to a brass cap
on the south line of said Lot 4; thence north 890
(+7' 30" east along the south line of said Lot (+, a
distance of 118.32 feet to a brass cap; thence north
380 29 I 30" east a distance of 77.86 feet to a brass
cap; thence north 300 lOr 30" east a distance of
169.75 feet to a brass cap on the east line of said
Lot 4; thence north 00 13' 30" west along the east
line of said Lot 4, a distance of 112.62 feet more
or less to the point of beginning, containin~ 0,65
acre more or less.
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with all its appurtenances.
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day of SEPTI!i",h?f)tSR..
, 1969.
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CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
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STATE OF COLORADO, )
CITY AND COUNTY )
OF DENVER )
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The foregoing; instrument was acknowledged before me this
.II/day of ,_,_,F.~-/ ,A.D., 1969, by Leonard M.
Campbell as President and R. B, McRae as Secretary of the Board
of Water Commissioners of the City and County of Denver.
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My commission expires
'uly ~2, T '>70
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APPROYf:D AS TO FOR....\:
LEGAL DIVISION
BOARD of WATER COMMISSIONERS
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214:1 436
SWI/4 SECTION 25, TOWNSHIP 3 SOUTH,RANGE69 WEST 6th P. M.
JEFFERSON COUNTY
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PARCEL NO. 2 0.02 ACRE
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P L A T ACRE
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PARCEL NO.3 0.009 ACRE
50'
vv. 29 TH AVE.
't CONDUIT NO. 21~
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NOTE
BEARINGS a DISTANCES BASED ON
D,M.W.w. SURVEY FOR CONDUIT NO.21
OF DEC.5,1967 FOR FIELD NOTES
SEE FIELD BOOK NO, 1699 PG.64
LEGEND
~ - ~ BOUNDARY 0 MW W. PROPERTY
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BRASS CAP MONUMENTS SET
IN 1961 & 1962 BK \699 PGS 56&63
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BRASS CAP MONUMENTS SET
11-30-67 BI2-1'67 BK 1699 PG.64
LAND LEASED
RIGHT-OF-WAY CONVEYED
REAL ESTATE CONVEYED
DOCUMENT DATED
SEC'Y FILE DOC,
ENGR 4-66
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RIGHT-OF-WAY AGREEMENT
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THIS-=' AG~MElir ,&'ade and entered into as of the ,'j!! day of Jf;,:.iI.IY
1969, by and between the CITY AND COUNTY OF DENVER, a municipal corporation of
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the
State of Colorado, acting by and through its BOARD OF WATER COMMISSIONERS, herein-
after referred to as "Board", and the WHEATRIDGE RECREATION DISTRICT, a quasi-
municipal corporation of the State of Colorado, hereinafter referred to as "Grantee",
l~ ITNESSETH :
For and in consideration of the sum of TEN AND NO/100 DOLLARS ($10.00) to the
Board in hand paid by the Grantee, thereceipt whereof is hereby acknowledged, the
Board hereby grants to the Grantee, its successors and assigns, an easement and
right-of-way in which to construct, utilize, maintain, repair, replace, remove,
enlarge and operate utility lines with associated underground and surface appurtenances
together with the right of ingress and egress, and access on, through and across
the hereinafter described parcels of land, for pedestrian and vehicular traffic for
recreati onal purposes, being land situated in the County of Jefferson, State of
Colorado, more particularly described as follows:
PARCEL 2:(TWENTY-FIVE (25) FOOT EASEMENT AND RIGHT OF WAY
FOR UTILITIES AND VEHICULAR USE)
A strip of land 25 feet in width, situated in the southwest quarter
(SW 1/4) of Section 25, Township 3 South, Range 69 West of the Sixth
Principal Meridian, County of Jefferson, State of Colorado, more
particularly described as follows:
Beginning at a brass cap which is the northeast corner of Lot 4, Block
4, Henderson's Subdivision Amended Plat on file in the office of the
Clerk and Recorder of Jefferson County; thence south 890 47' 30" west,
along the north line of said Lot 4, a distance of 26.43 feet to a brass
cap; thence south 310 28' west a distance of 12.14 feet to a brass cap;
thence south 300 10' 30" west a distance of 17.01 feet to a point 25
feet south of the north line of said Lot 4; thence north 890 47' 30"
east, 25 feet south of and parallel to the north line of said Lot 4, a
distance of 41,42 feet to a point on the east line of said Lot 4; thence
north 00 13' 30" west, along the east line of said Lot 4, a distance
of 25 feet more or less to the point of beginning, The above described
strip of land contains 0,020 acre, more or less,
PARCEL 3: (FIFTEEN (15) FOOT EASEMENT FOR UTILITIES ONLY)
A parcel of land 15 feet in width situated in the southwest quarter
(SW 1/4) of Section 25, Township 3 South, Range 69 West of the Sixth
Principal Meridian, County of Jefferson, State of Colorado, more
particularly described as follows:
Beginning at a brass cap on the south line of said Lot 4, 253 feet west
of the southeast corner of said Lot 4; thence north 00 13' 30" west, 253
feet west of and parallel to the east line of said Lot 4, a distance of
19,35 feet to a brass cap; thence north 490 54' east a distance of 19.55
feet to a point; thence south 00 13' 30" east, 238 feet east of and
parallel to the east line of said Lot 4, a distance of 31.89 feet to a
point on the south line of said Lot 4; thence South 890 47' 30" west,
along the south line of said Lot 4, a distance of 15 feet more or less
to the point of beginning. The above described strip of land contains
0.009 acre, more or less,
subject to the following conditions, which Grantee hereby expressly accepts and
agrees to perform and fulfill:
~14.1 ,,*37
2J4'1 438
1. Vehicular use shall be prohibited on Parcel Number 3 as described herein.
2. Grantee shall furnish, for the approval of the Board's Chief of Operations,
detailed plans of the proposed utility lines and appurtenant installations thereof,
which Grantee proposes to construct, utilize, repair, replace or maintain over and
across the Board's property as shown on the Board's drawing, Dr. 67 No. 1693, a
copy of which is attached hereto and made a part hereof, at least thirty (30) days
prior to the time of the commencement of construction.
3. The Grantee shall notify the Board's Chief - Plant Division, at least three
(3) days prior to the time of commencement of the construction of, or any repairs
made to, Grantee's, roadway or utility lines laid within the above described areas,
or other appurtenant installations thereof, so that the Board may, in its discre-
tion, inspect such operations,
4. Any repair or replacement of any Board installation made necessary, in the
opinion of the Chief of Operations of the Board, because of the construction,
utilization, repair, replacement or maintenance of the roadway or utility lines or
other appurtenant installations thereof, shall be made at the sole expense of the
Grantee.
5. Grantee shall place and maintain permanent, visible markers at such loca-
tions as designated by the Board's Chief - Plant Division, referring to the center-
line of the underground utility lines and that the crossing areas will be cleared
and restored to their previous condition as near as may be reasonable. In the
event the placing of the centerline markers and the clearing and restoration of
the crossing areas are not completed within the time specified, the Board may
complete the work at the sole expense of the Grantee.
6. The Board shall have the right to maintain, install, repair, remove or
relocate Conduit Number 21 or any other of its facilities or installations within
the Board's property, at any time and in such manner as the Board deems necessary
or convenient. The Board reserves the exclusive right to control all easements
and installations. In the event the roadway or utility lines should interfere
with any future use of the Board's property by the Board, Grantee shall be required
to relocate, rearrange, or remove its installations so as not to interfere with any
such use.
7. The Board specifically reserves and retains unto itself the right of
ingress and egress over and across the rights-of-way herein granted, including
vehicular travel for the purpose of constructing, maintaining, repairing, replac-
ing, removing, enlarging and operating the pipeline or lines and appurtenances
thereunto belonging.
-2-
21.41 43~
2141. 40~~
8, The stipulations and conditions of this agreement shall be incorporated
into contract specifications if the construction herein authorized is to be done on
a contract basis.
9. The rights and privileges granted in this agreement shall be subject to
prior agreements, licenses and/or grants, recorded or unrecorded, and it shall be
the Grantee's sole responsibility to determine the existence of said documents or
conflicting uses or installations.
10. The Grantee will not place, nor allow to be placed, any manholes, meters,
power poles, guy and/or anchors or similar appurtenances within the Board's property
for Conduit Number 21.
11. All trenches within the Board's property shall be backfilled and tamped to
the original ground line in layers not to exceed six (6) inches loose measure to a
compaction of ninety per cent (90%) Standard Proctor Maximum Density,
12. Grantee agrees to keep the road across the Board's property in good repair
and free from all trash and debris,
13. Grantee shall indemnify and save harmless the Board, its officers and
employees, against any and all claims, damages, actions or causes of action and
expenses to which it or they may be subjected by reason of said roadway and utility
lines being within and across the premises of the Board or by reason of any work
done or omission made by Grantee, its agents or employees, in connection with the
construction, replacement, maintenance or repair of said roadway or utility lines.
14. It is expressly agreed that in case of Grantee's breach of any of the with-
in promises, the Board may, at its option, have specific performance thereof, or
sue for damages resulting from such breach.
15. In case the Grantee shall abandon the right-of-way herein granted and
cease to use the same, all right, title and interest of the Grantee hereunder shall
cease and terminate, but its obligation to indemnify and save harmless the Board,
its officers and employees, shall not terminate in any event.
16. Each and everyone of the benefits and burdens of this agreement shall
inure to and be binding upon the respective legal representatives, heirs, executors,
administrators, successors and assigns of the parties hereto.
IN WITNESS WHEREOF, this instrument has been executed as of the day and year
first above written.
EXECUTION OF THIS AGREEMENT APPEARS ON PAGE 4
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2141 '139
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ATTEST:
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Se-cretary
ADDRESS:
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2141 440
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CITY AND COUNTY OF DENVER,
acting by and through its
BOARD OF WATER COMMISSIONERS
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REGISTERED AND COUNTERSIGNED:
Charles D, Byrne, Auditor
City and County of Denver
By:
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WHEATRIDGE RECREATION DISTRICT
By:
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Presi dent
BOARD OF COUNTY COMMISSIONERS
Of the County of Jefferson, Colorado
By, if!jLt:;~LL;-~
t Ch airman
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2141 440
2:141. 441
SWU4 SECTION 25, TOWNSHIP 3 SOUTH,RANGE69 WEST 6th P. M.
JEFFERSON COUNTY
LOT 2
LOT 3
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PARCEL NO, 3 0.009 ACRE
50'
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rt. CONDUIT NO 21~
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NOTE:
BEARINGS Br DISTANCES BASED ON
D.M,W.W. SURVEY FOR CONDUIT NO,21
OF DEC. 5,1967 FOR FIELD NOTES
SEE FIELD BOOK NO. 1699 PG. 64
LEGEND
BOUNDARY D.MW W. PROPERTY
BRASS CAP MONUMENTS SET
IN 1961 8< 1962 BK 1699 PGS,568<63
BRASS CAP MONUMENTS SET
11-30-67812-1'67 BK 1699 PG.64
2141 441
CONTAINS 1.21 ACRES MORE OR LESS
THE DENVER MUNICIPAL WATER WORKS
OFFICE OF THE CHIEF ENGINEER
CONDUIT NO.21
REAL ESTATE CONVEYED TO
WHEATRIDGE RECREATION DISTRICT
SCALE: I = 80 DATE: JULY 16~68
DRN. R. A, F. ~,R. A. F. CK. ~
App' ~~.,. CH, ENG, DR. 67 _NO.l69~
RIGHT-OF-WAY CONVEYED
LAND LEASED
REAL ESTATE CONVEYED
DOCUMENT DATED
SEC'Y FILE DOC.
348320
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LEASE FOR RECREATIONAL PURPOSES
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THIS LEASE, made and entered into as of this
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, 1969, by and between the CITY AND COUNTY OF DENVER,
acting by and through its BOARD OF WATER COMMISSIONERS, herein-
after referred to as the "Board", and the WHEATRIDGE RECREATION
DISTRICT, a quasi-municipal corporation of the State of Colo-
rado, Jefferson County, hereinafter referred to as the "Lessee",
WITNESSETH:
THE BOARD, for and in consideration of payments of the
rents, and the keeping of the covenants and agreements by the
Lessee, as hereinafter specified, does hereby lease unto the
Lessee the following described property, to-wit:
A parcel of land situated in the southwest quarter
(SW 1/4) of Section 25, Township 3 South~ Range 69
West of the Sixth Principal Meridian, County of
Jefferson, State of Colorado; more particularly des-
cribed and bounded as follows:
Beginning at a point on the east line of Lot 4, Block
4, of Henderson's Subdivision Amended plat on file
in the office of the Clerk and Recorder of Jefferson
County, whence the northeast corner of said Lot 4
bears north 00 13' 30" west along the east line of
said Lot 4, a distance of 25 feet more or less;
thence south 890 47' 30" west:, 25 feet south of and
parallel to the north line or said Lot 4, a distance
of 41.42 feet to a point; thence south 300 10' 30"
west a distance of 224.38 feet to a brass cap; thence
south 490 54' west a distance of 127.68 feet to a
brass cap 253 feet west of the east line of said Lot
4; thence south 00 13' 30" east 253 feet west of and
parallel to the east line of said Lot 4, a distance
of 19.35 feet to a brass cap on the south line of
said Lot 4; thence north 890 47' 30" east, along the
south line of said Lot 4, a distance of 118.32 feet
to a brass cap; thence north 380 29' 30" east a dis-
tance of 77.86 feet to a brass cap; thence north 300
10' 30" west along the east line of said Lot 4, a
distance of 87.62 feet more or less to the point of
beginning,
The above described parcel of land contains 0.63
acre more or less,
twelve o'clock noon on the
years commencing at twelve o'clock
S<?p'lriJn 6e,- /76',?, and ending at
,
/ 5 ~"day of 5~//r.ff/ "r-~ /7?Y,
,
for a term of twenty (20)
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noon on the ~ day of
~~14:t 4-42
2141 14~
....
at an annual rental of FORTY DOLLARS ($40.00), to be paid in
advance.
THIS LEASE is granted specifically subject to all
existing encumbrances, licenses and rights-of-way, whether
of record or not.
THE LESSEE, in consideration of the leasing of said
premises, co~enants and agrees to PEY the rent as hereinabove
provided; to use said premises for a public park and for rec-
reational purposes and for no other purpose whatsoever; that it
will not use said premises or permit the same to be used for
any unlawful business or purpose whatsoever; that it will not
sell, assign, underlet, or relinquish said premises, or any
part thereof, without the written consent of the Board; that
it will guard said property, including fencing, if any, from
all damage; that it will maintain present and future fencing
in good repair, at the expense of the Lessee, as the same now
exists or as the same may be here~nafter constructed; and that
it will surrender and deliver said premises in like good order
and condition, upon the expiration or termination of this
lease.
THE LESSEE AGREES and understands that the rights herein
granted are without covenant of title or warranty of quiet en-
joyment of the demised premises and that no water or water rights
are granted by this lease, except as herein provided.
IT IS AGREED between the parties hereto that the Lessee
shall have the option to have this lease extended for an addi-
tional twenty year period, commencing from the expiration of its
original term, upon the same terms and conditions, but subject
to the provisions hereinafter stated regarding reevaluation and
establishment of a new re~tal value, provided Lessee exercises
the option by notifying the Board in writing at least six
-2-
2141 443
2141 144
QODLhs prlOr co the explration at the original term ot 1ts
desire to have the lease extended for an additional twenty
year term.
IT IS FURTHER AGP~ED between the parcies hereto that the
Boaru will reevaluate the leased premis2" ~..~ five year inte::. ::..,."
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cOITU'Uencing in the fifth lease year, end ~vill establish a ne~v
annual rent based upon Board costs of administering this lease.
Any increase of rent, however, shall be subject to negotiations
between the parties. Thereafter the Board shall notify the
Lessee in writing of the new annual rental figure at least thirty
days prior to the annual date of the lease. Within thirty days
thereafter, the Lessee shall pay the annual rent bas~d upon the
new rental figure.
AT ANY TIME either party may elect to terminate this
lease by giving written notice thereof by ordinary mail to the
other party at least sixty days prior to the annual date, and
such termination shall be effective on said annual date. In
addition thereto, the Board may terminate this lease at any
time if it determines that the leased premises are required
for water works purposes, by giving thirty days notice thereof
to the Lessee at the address shown below, such termination to
be effective at the end of said thirty day period.
IT IS UNDERSTOOD that the rights granted to the Lessee
hereunder are for the surface use only of the property. Lessee
agrees not to erect or place any structures or improvements or
plant any trees or shrubs, upon any part of the demised prem-
ises. Lessee shall have the right to plant grass (lawn) and
may install a sprinkler or irrigation system, after first
obtaining Board approval of the plans for such syst~m, In the
event the Board deems it necessary to repair, replac2, remove
or in any way maintain Conduit No. 21 or to install new
-3-
2~4:t. '144
2141 '145
--
subsurface conduits or pipes within the leased premises, which
may necessitate the removal or the la~m or portion of the
sprinkler or irrigation system, Lessee agrees, at its own ex-
pense, to replace such lmm and irrigation facilities. The
Board agrees to use dUe diligence to avoid .ndue damage to ,1
-facilities of the Lessee. The Board retains the right of access
over and across said leased premises at all times. The Lessee
is hereby authorized to construct fencing along the south prop-
erty line (West 29th Avenue) and along the east property line
(Newland Street). Lessee shall provide access to Board facili-
ties by installation of gates on West 29th Avenue and Newland
Street, said gates to be of a minimum width of 14 feet and be
centered over the Board's Conduit Number 21. Said fencing and
gates shall be constructed to the satisfaction of the Board's
Chief of Operations, at the sole expense of the Lessee, and
comply in all respects with Board specifications, and shall be-
come the sole and exclusive property of the Board, Said gates
shall be locked with Water Board locks,
IT IS MUTUALLY UNDERSTOOD AND AGREED, that if the rent
above reserved, or any part thereof, shall be in arrears, or
if default shall be made in any of the covenants or agreements
herein con::ained to be kept by the Lessee, it shall be lawful
for the Board to declare the term ended and enter into the
said premises, or any part thereof, either with or without
process of lmv, to terminate the interest of the Lessee or of
any other person or persons occupying the same, and to expel,
remove or put out such person or persons, using such force as
may be necessary in so doing, without being liable to prosecu-
tion or to damRges therefor, and the said premises again to
repossess and enjoy, as in the first and former estate of the
-!+-
214'1 ,145
2141 446
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......
Board. If at any time said term shall be terminated as afore-
said, or by any othe~ means, the Lessee agrees to surrender and
deliver up said premises peaceably to the Board immediately upon
the termination of said term, and if the Lessee shall remain in
possession after tennination, the Lessee shall be deemed guilty
or a forcible de d.Llte~ of said prem, .::>; under the statute, and
waiving all notice, shall be subject to eviction and removal,
forcibly or otherwise, with or without process of law.
THE LESSEE AGREES to indemnify and forever save the
Board harmless against any loss or damage occasioned to the
Board, or to any other person whomsoever, by reason of its fail-
ure to fulfill the tenns of this lease. In addition, Lessee
agrees to take out public liability insurance with an 1nsurance
company qualified to do business in Colorado and acceptable to
the Board, providing for public liability in limits of $100,000
per individual and $300,000 per incident, and property damage
in the amount of $25,000. Lessee shall deliver ta the Board
~ certificate covering such insurance, and shall subsequently
submit evidence of the rene.val of such policy of insurance.
LESSEE AGREES to comply with all federal, state and
local laws pertaining to recreational activities, and to abide
by all sanitation laws and regulations applicable to the juris-
diction of the premises.
IT IS UNDERSTOOD that the Board reserves the right to
enter upon the leased premises at any time for the inspection,
op21~ation, maintenclIlce or rep2.ir of its water conduj t or install-
ations I-7hic1', traverse the leased premises. In no event shall
the Board be liable for damage to grass or other vegetation
on the premises incurred as a result of such operation, in-
speclion, maintenance or repair of the conduit; but the Board
agrees to use due diligence to avoid any damn~e thereto.
-5-
2141 446
2141 447
..-
....
IT IS AGREED that these presents shall inure to the
benefit of and be binding upon the respective successors and
assigns of the parties hereto.
IN WITNESS \<TH?REOF. the said parties have hereunto
caused thLic ~~esents to be executed as of the day and year
first..~~ ~tt\~n.
(; ..~~~'-"-1~".,.:.::/tf,'.,'
.l"., ..... ;~, ,.~ ~."~,'
CI n .:'ANJS2~NTY .pt. '~EiWE R,
act!;4ug by:; Je.l}:?' ~hrop~h~ its
BO~~?OF WATEi(g.o!>~SIONERS,
LE~S~~ ~ i. ,c . '. <~ \ .: 0 '
. ~~>"'~~~~~D.~ ". " ,;::~ ........~tj.-~:~
.. ~ ""-"..! " .......... ~ ~
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l .~"'. '= ..:
, 'Manag.e1:'~
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vlliEATRIDGE RECREATION
DISTRICT,
LESSEE
e! 'k
/1 J
By j' .~
, C1 1
I> Lr,,,, h" .
ATTEST
APPROVED
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Operations
ADDRESS OF LESSEE
-!LiS J .7~L'.fJ .//A.f"~
~d,4 ~~--
BOARD OF COUNTY COMMISSIONERS
OF THE COUNTY OF JEFFERSON,
::W;~(:lJ iL~ <___
( Chairman
-6-
21'11 447
2141 44'S
.....
----
SW 1/4 SECTION 25, TOWNSHIP 3 SOUTH,RANGE 69 WEST 6th P. M.
JEFFERSON COUNTY
S 0013' 30" E
1935'
s, gc,047'Y:/'W
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LOT 2 LOT
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IS
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LOT 3
P L r\ T
54+~
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0.009 ACRE
50'
W 29TH
~ CONDUIT
AVE.
NO, 21~
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I
.
NaTE
BEARINGS 8< DISTANCES BASED ON
D MWW, SURVEY FOR CONDUIT NO.21
OF DEe 5,1967 FOR FIELD NOTES
SEE FIELD BOOK NO, 1699 PG 64
LEGEND
F-=-j
R0uNOARY D MW 'N PROPERTY
)8(
BRASS CAP MONUMENTS SET
IN 1961 81962 BK !699 PGS,56863
s
~ BRASS CAP MONUMENTS SET
11-30-67 B 12-1-67 BK 1699 PG,64
2141 448
CONTAINS 12\ ACRES MORE OR LESS
THE DENVER MUNICIPAL WATER WORKS
OFFICE OF THE CHIEF ENGINEER
CONDUIT NO.21
REAL ESTATE CONVEYED TO
WHEAT RIDGE RECREATION DISTRICT
SCALE: I = 80 DATE: JULY 16~68
DRN. R. A. F TR. R. A, F, CK, a4A!
APP~tL:.1~(C.! CH. ENG. DR.67 NO.1693
\ \ EASEMENTS CONVEYED
C' ~ >~ ~ LAND LE.ASED
I l REAL ESTATE CONVEYED
L DOCUMENT DATED
SEC'Y FILE DOC
EN(,R 4.66