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RIG H T
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WAY
NO.
2245, Book 22
1.
l. THIS INDENTURE, Made this l3th day of October, 1977, between
2. the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND COM-
3. MISSIONERS, party of the first part, and THE CITY OF WHEAT RIDGE,
4. l0900 West 44th Avenue, Wheat Ridge, Colorado 80033, party of the second
5. part:
WIT N E SSE T H
1.
2. WHEREAS, Party of the second part has made application to the
2. said Board of Land Commissioners for a right-of-way over, upon, under and
3. across the surface of certain portions of school lands as hereinafter des-
4. cribed for the purpose of constructing, reconstructing, operating and
5. maintaining a public road (Oak Street), and
1.
3. WHEREAS, Said State Board of Land Commissioners has, in manner
2. and form as provided by statute, granted such right-of-way for the purpose
3. a~oresaid and none other, upon the terms and conditions set forth herein,
4. and has duly authorized the proper officers of said State to execute this
5. indenture:
1.
4. NOW, THEREFORE, THESE PRESENTS WITNESSETH, That the said party
2. of the first part, in consideration of the premises, and in the further con-
3. sideration of the sum of Six Hundred Fifty-three and 12/100 Dollars
4. ($653.l2), lawful money of the United States, by second party to first
5. party in hand paid, the receipt whereof is hereby confessed and acknowledged,
6. has granted and by these presents does grant unto the party of the second
7. part, its successors and assigns, a right-of-way for the purpose of con-
8. structing, reconstructing, operating and maintaining a public road (Oak
9. Street), upon, over, under and across the surface of those certain portions
10. of school lands described as follows:
In the Southwest One-quarter of the Southeast
One-quarter (SW 1/4 SE I/4), within Right-of-Way
No. I049, Book lO, Section Sixteen (Sec. 16),
Township Three South (T. 3 S.), Range Sixty-nine
West (R. 69 W.) of the Sixth Principal Meridian
(6th P.M.), in Jefferson County, State of
Colorado;
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Being a parcel of land described by metes
and bounds as follows:
Beginning at a point on the north-south
centerline, which point bears North a distance
of 489.0 feet from the south one-quarter corner
of said Sec. 16;
Thence North 740 43' East a distance of
31.10 feet to a point;
Thence North 000 30' East and parallel to
the north-south centerline of said Sec. 16,
a distance 103.67 feet to a point;
Thence South 740 43' West a distance of
3l.10 feet to a point on the north-south
centerline of said Sec. 16;
Thence South 000 30' West, along the north-
south centerline, a distance of I03.67 feet to
the point of beginning.
Containing 3,110.lO square feet or 0.71
acres, more or less.
The bearings of South 740 43' West and
North 740 43' East are meant to coincide with
the bearings of South 740 22' West and North
740 22' East respectively as described in
Right-of-Way No. 1049, Book 10.
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1.
5. This grant is masLe, wi~f 1the,ulJderstanding that the party of the
or its assigns,_-/ ~jl</j .'.-/,,;zl.~_~
second part/must construct said roadway in accordance with tllis grant within
ij
2.
3. two years from date hereof, failing in which this grant shall be subject to
4, cancellation at Lhe option of the party of the first part. If the party of
5. the first part agrees to extend such construction period, it is understood
6. by the parties hereto that the party of the first part may fix additional
7. consideration based on a reappraisal of said right-of-way at the time of
8. completion of construction of said facilities.
1.
G. AIL rights to any and all minerals, ores and metals of any kind
2. and character, and all coal, asphaltum, oil, gas, geothermal resources or
3. other substances in or under said land are hereby reserved to the State of
4. Colorado. In the event the party of the first part should at any time desire
5. to occupy or use or permit the occupancy or use of the lands which are sub-
6. ject to the right-oE-way herein granted or any portions thereof Eor any pur-
7. pose with which the aforesaid road would interfere, including the mining, re-
8. moving, or recovering of all minerals, ores and metals of every kind and
9. character, and all coal, asphaltum, geothermal steam or other substances, in
10. or under said land, then the party of the first part may require the party
11. of the second part to relocate, move, or rebuild the road described above at
12. any location or locations where said road passes over and across the State
13. lands, aEter first, in each case, receiving not less than 90 days' prior
14. written notice from the first party. In such event the party of the second
15. part shall be furnished a similar right-of-way over and across State lands,
16. when available and suitable, free of charge, as a satisfactory right-oE-way
17. to relocate its road. In any event not more than one-half of the expense
18. of said relocation, movement, or rebuilding shall be paid by the party of
19. tIle second part.
1.
7. This grant of right-of-way is made subject to any and all ease-
2. ments and rights-of-way heretofore legally obtained and now in full force
J. and effect, if any there be.
1. 8. The party of the first part shall have the right at any and all
2. times durin~ the continuance oE this right-of-way to sell or otherwise dispose
], of said land and to use the same for all purposes, except as necessarily
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4. limited by the road descdbed above.
1.
9. The right-of-way is made for the sole and only purpose as here-
2. in set forth, and no other; and in the event that the party of the second
3. part, its successors and assigns, shall at any time use or attempt to use
4. the same for any other purpose \vhatsoever, then and in that case this
5. right-of-way shall become void and of no effect, and any and all such rights
6. and privileges herein granted shall revert to the party of the first part,
1.
10. The party of the first part reserves the right to require the
2. party of the second part to construct and maintain upon and adjacent to said
3. right-of-way here'inabove described, snch fences, gates, cattle guards, cul-
4. verts and subways as may, in the opinion of the party of the first part, be
5. necessary to the proper use and enjoyment of the lands adjacent thereto and
6. belonging to the party of the first part, or to prohibit such construction
7. when the party of the first part considers it to be detrimental to tIle use
1.
or its
11. The party of the second part; Ishall
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have the right to construct
8.
of said lands.
2. and maintain only the road above described and shall have the right to trim
3. trees and shrubbery only if such trees or shrubbery should materially inter-
4. fere with or endanger the proper operation and maintenance of said road.
5. This right-of-way shall not be deemed to give the second party exclusive
6. possess.Lnn of any part of the land above described.
1.
12. This right-of-way does not grant permissi?n expr~ss or implied,
or its assigns, _{ 'l (I ,..{ 109 (':h:'
party o[ the second part,/for water exploration\ drilling, or estab-
2.
to the
3. lishing water wells, without written authorization of tIle party of the first
4. part. If the party of the second part shall establish any water right on
5. State land [or any use on or off State land, such right shall be and remain
6. the property of the party of the first part.
1.
13. The road to be constructed and maintained upon this right-of-
2. way is for the use of the public and no restriction of any kind may be put
3. upon this use unless prior consent to such restriLlion is oblained from the
4. party of the first part.
1.
14. No signs, billboards or similar displays may be placed upon this
2. righl-o[-way or on lands adjacent to it belonging to the party of tile first
3. p,nt, without the express approval of the party of the first part.
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The party of the second pnLt,1.5hall have such rights of ingress
15.
2. and egress as may be necessary for the construction, reconstruction, opera-
3. tion, maintenance and removal of said road, but shall not leave open, or
4. permit to be left open, any fences, bars or gates. All such fences, bnrs
5. or gates which may be damaged or disturbed in any way shall be fully re-
6. stored by the second party.
1.
16. In the event that the facility or facilities for which this
2. right-of-way is granted are to be enlarged, replaced, relocated, or added
3. to in the future, tile party of the second part shall advise the partv of
4. the first part of such change and furnish surveys, plats and descriptions
5. of the change to the party of the first part. An additional consideration,
6. commensurate with the damage to the value of the State land, may be requir-
7. ed, as determined by the first party.
1.
17. The right-of-way herein granted shall continue for as long as
2. the road described above is used and maintained by tile second party, provid-
3. ed that should said road be abandoned or discontinued for a period of twelve
4. (12) consecutive months, this right-of-way and all rights of tile second
5. party hereunder shall automatically and without notice terminate at the
6. end of such twelve (12) month period; and in such case, the party of the
7. first part may require the party of the second part to restore the lands
8. occupied by said right-aI-way as nearly as possible to their condition prior
9. to the construction of the road.
1.
18. The party of the second part agrees to assume all liability
2. arising from the exercise of the right-of-way herein granted; including but
3. not limited to, the risk of all injuries, including death resulting there-
4. from, to persons, and damage to and destruction of property, including loss
5. of use tbereof, resulting directly or indirectly, wholly or in part, from
6. the prosecution or omission of any work or obligation undertaken or requir-
7. ed by this Agreemenl, and to indemnify and save harmless the first party
8. from and against any and all liability arising therefrom.
1.
lY. The party of the second part will pay to the party of the first
2. part the fuIl amount necessary to compensate the first party for damages to
3. its property, rights, franchises or privileges, including legal liabilities
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4. and damage to crops of lessees, resulting from acts or omissions of the
5. second party, its agents or employees, or from the exercise of the right-
6. of-way herein granted and the use of the lands of the first party.
1.
20. IN '-"ITNESS WHEREOF, The party of the first part has caused
2. these presents to he executed in its name and in its behalf by the State
3. Board of Land Commissioners, and has caused the seal of the State Board of
4. Land Commissioners to be hereunto affixed and the party of the second part
5. has hereunto caused these presents Lo be signed by its __nk/_\~'''L'
6.
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and
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, and its
7. corporate seal affixed hereto, the day and year first above written.
STATE OF COLORADO
BOARD OF I.AND COHHISSIONERS
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Register
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CITY OF WHEAT RIDGE, COLORADO
B ~'''!..}' I ~.. I I -
y. -(/.~L
FRANK STITtS.~, MAYOR
, l' :: '.", ~;/ /,./ /''7
Attest ~;(/'), 2 /b/:#
/ ~ Carol F. Hampf, City Cler
....
JtlAs~
MAORI. :r. ;OX"; Cl ATTORNEY
R.O.W. Appl. 76/426
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Comrl1i~sioners
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ANTHONY SABATINI
Arlr"n~nistrat()r
ROWENA ROGEn-,
ROBERT M !v'oPHEE
TOMMY NeAL
THOMAS E BRETZ
Minernls Director
ROBERT l, HAPGOOD
AC"olJntant
BOARD OF LAND COMMISSIONERS
Department of Natural Resources
620 Centennial Buildinq
1313 Sherman St. Denver, Colorado 80203
(303) 839,3454
March 10, 1978
The City of Wheat Ridge
3760 Vance Street
Wheat Ridge, cn 80033
Attention: 'Ir. John A. Jerman
City Administrator
Gentlemen:
Re: Right-of-Way No. 2245, Book 22
,
We are enclosing the original copy of Right-of-Way No. 2245,
Book 22, issued to the City of 'w'be<1t Ridge for <1 public road (O<1k
Street) in the SW l/4 SE 1/4, within Right-of-Way 1049, Rook 10,
Section 16, Township Three South, Range Sixty-nine West, in Jeffer-
son County.
As per your request of December 22, the addition of "or its
assigns" has been properly initialed on paragraphs 5, 11, 12 and
15.
Very truly yours,
STATE BOARD OF LAND COMMISSIONERS
AS:mlp
Encl. 1
Anthony Sabatini
Administrator
CITY OF WHEAT RIDGE - MEMORANDUM
To
From
City Admin,.~r~r
August 22, l~ ~
, \
Dennis Ho Zwagermall, Director,
COmffiUuity Development Department
Subject
Sr"rp,; ]'"1,,,_,
Date
Approved Date
Subject: Attached letter from Board of Land Commissioners
It is my understandin~ that the attached letter concerns a development
on 6ak Street near the Kunz Construction Co. area, involvine a develop-
ment plan.
Since this is the responsibility of your Department, I am forwarding the
material to you for payment of the required amount and to complete the
necessary coordinations.
JAJ:pjk
cc:
V
Carol F. II lmpf, City Clerk
Clyde E. Hobbs, Director, Public Horks Department
Pn'sident
TOMMY 3Ei\L
Fni~istL'r
THOMAS F I3RET7
Mineral Director
- ,tOi\fENA ROCERS
ROI3ERT D. McPHEE
Enl~incer
ANTHONY SAUATINl
Mministnltive Otficl'r
E,] P VALDEZ
Chief Accountant
BOARD OF LAND COMIUISSIONERS
DEPARTMENT OF NATURAL RESOURCES
620 Centennial Building
1313 Shennan St., Denver, Colorado 80203
(303l 892,3454
August 18, 1977
Mr. John A. Jerman
City Administrator
City of Wheatridge
P. O. Box 610
Wheatridge, Colorado 80033
Re: Right-of-Way Application No. 76/426
Dear John:
The Board has reviewed your Right-of-Way Application
No. 76/426 submitted by the City of Wheatridge for a public road
across a certain portion of the SW~SE~ of Sec. 16, T. 3 S., R. 69 W.,
Jefferson County (Ridge Home). On the basis of the plats and des-
criptions submitted a right-of-way has been approved for the facility.
We have fixed the consideration at $653.l2 based on thirty percent of
the current appraised value of the land.
In view of the above, we will need a check for $683.12 to
cover the consideration and related fees, as per attached statement,
and as soon as we have your check, a formal right-of-way will be
issued.
Yours very truly,
AS:ish
Enc.
STATE BOARD OF LAND COMMISSIONERS
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Ant~oriy 'Sa~~ini
Admfnistrator
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. STATE BOARD 11["",\:;], CO:J11IS;.,IO\'ERS
DEP,\RnlDH OF 'f\ll R,\L RESOURces
620 Centen1ial Building
1313 ShLr~an Street
DLnver, Colorado 80203
August 19, 1977
Mr. John A. Jerman
City Administrator
City of Wheatridge
P. O. Box 610
Wheatridge, CO 80033
HONERS
?CES
THOMI S E. BRETZ
Mineral Director
ANTHONY SABA11Nl
Adrmmstrative Officer
E.] P VALDEZ
Chief Accountant
RW 76/426
RE
)3
S I ATE M E ~ T
PLEASE :::'E:lIT PAY?-lE?\T FOR THE fULLO\HNG, BY CHECK
PAYABLE TO THIS BOARD:
Consideration
s
653.12
Document Fee
s
5.00
76/426
Application Fee
s
25.00
s
IOTAL DUE
s
683.12
>plication
a public road
T. 3 S., R. 69 W
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plats and des-
d for the facility
thirty percent of.
:or $683.12 to
.ached statement
. ,
-way W1.ll be
uly,
C LAND COMMISSIONERS
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