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HomeMy WebLinkAbout0091 C.CP 13S' , !, THIS INDENTURE r.1adc this ;, _r day of I )'c between Wheat Ridge Parks and~reation Dlstrlct ,,-. .' '" , 19R1-,1 nor;, known as f"">"'" lW!lf;,~ 1 ( R!I'(,S MSE, ~u::rr 'q ~-", EAsa-1ENT FOR CONSTRUCTION AND HAINTENANCE OF SEWER LINES City of Wheat Ridge of the . County of Jefferson , of the state of Colorado, party of the first part; and thG METROPOLITAN DENVER SEWAGE DISPOSAL DIS- TRICT NO" 1, a metropolitan sewage disposal district, duly organized under the laws of the State of Colorado, party of the second part; WITl\'ESSETH: That for and in consideration of the sum of Ten Dollars and other consideration, cash in hand paid, the receipt of which is hereby acknow- ledged, par ties of the flrs t part ha"e this day bargained and sold and by these presents bargain and sell and convey and transfer and deliver unto the party of the second part a permanent easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described at any time it may see fit and construct, maintain service and repair underground pipelines and/or mains for the purpose of convey- ing sewage and other fluids over, across, through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said pipelines and/or mains and the further right to remove trees, bushes, undergrowth and other obstructions interferlng wlth the location, construction and maintenance of said pipellnes and/or maLns. manholes and appurtenances. The easement and right-of-way hereby granted is located in the County of Jefferson , State of Colorado, and lS over, acr03S and thr'ough a strlp of land described as follows: SEE ATTACHED EXHIBIT A To have and hold such easerr.ent and right-of-way unto the party of the second part and unto its successors and assigns forever. The )?arty of the first part does hereby covenant with the party of the second part that they are lawfully seized and possessed of the real estate above described. that they have a good and lawful right to convey it or any part hereof, that the above described easement and right-of-way is free from all encumbrances and that they will forever warrant and defend the title thereto against the lawful claims of all persons whomsoevero The party ot the first p3rt ~urther grants to the second party: (a) T~e rlqht of ingress to and egress from said strip over and across said lands h'i F'8;:ms of roads and lanes thereon if such there be; otherwise by ?urtCOllte or rOl~tes as shall ocrasion t~8 least practical damage a!1\..1 ~n(.rn~';...:.;D~(;r~-~(~ tc~ V:~,-e tl~~st_ party.. SCCO~),-~ par t f ~ .:::: _ b/ ('O\~0;na~,- ~_:=- 2l(jcl a~Jrf;:jt::;;'J; (a) 0~_ Gnc1 r;-t~-t~. ~~l-,-_;ll pJ:-()~~)t-.L::- b3C'k:lll any tr2nch ~,ad'_ by :L-t on sa [,r] st~rip and repa2 r 2ny dafl'3gc .l. t sLal ~ do tJ) first party's fences, private roads or lanes on said lan~s. cc.P J3S" (b) Second rally shall indemnify first party against any loss or damage which sl':all be caused by the exercise of said ~ngress and egress or by any wrongful or negligent act or omission of the second party or of its agents or employees in the course of their employment 0 First party reserves the right to use said strip for purposes which will not interfere with the second party's full enjoyment of the rights hereby granted' provided that the first party shall not erect or construct any building or other structure or drill or operate any well or remove any soil, sand or gravel in said strip or diminish Or sub- stantially add to the ground cover over said pipelines. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective partie~ hereto and all covenants shall apply to and run with the land. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above writteno PARTY OF THE SECOND PART: PARTY OF THE FIRST PART: METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. I CITY OF WHEAT RIDGE I / I, ~'! By /1/1-/11)'(,-",< "!" "_ , , / ~J/ &-v' /,r ~rank Stites, Mayor ATTEST: ACKNOWLEDGE~illNTS Wanda Sang, city Clerk ss" {?~ STATE OF COLORADO COUNTY OF JEFFERSON Attorney The foregoing Easement was acknowledged Lore me this 18th day of February , 19-1l, by Will Burt, Mayor Pro-Tern for Frank Stites, Mayor, and Wanda Sanq, City Clerk. for City of Wheat Ridgp WITNESS my hand and official seal. My commission expires: My Commission Expires February )8, 198+ .~ C/ ( ~ \ ft?1?-Z- C /\.-' ; 1: <:r!' -7u:/ --, K::>tarf' Public STATE OF COLORADO 55. Busine,s:, Addref9s: :).tf"';XC-L>';- 7)( ,c/ 1A. J) , /', /':~' "L-i_~ II- A<-a t /:.' <<../b--c" '-.-e! r; L t' . ~ / . hd this ~.:). day of the COUNTY OF ADAIv1S ~ frorcgoing Rasen'ent was ackno':iledged before me of ~____, 19~3 by Jack B. Enger, }1anager Metropoli tan DenvEr S&3.ge Disposal Disr:r l.et No, L ~'JITnsss r~v' ],,,;,,: "'Dd offi _led Seal !.1y c.om:nlSSl.On c ::)~ res' Harch 1,0, 1932 -2- Business Address: Inman & Flynn P.C. 1040 Capitol Life Center Denver, CO 80203 ,>.. EXHIBIT A LEGAL DESCRIPTION: (CCP 135) A PERMA~E~T EASEME~T AND RIGHT-OF-WAY OVER, ACROSS. MID THROUGH THE FOLLOHING DESCRIBED TRACT OF LAND, T(1 -\'1 IT: A PARCEL OF LAND LOCATED IN THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-~UARTER AND THE NORTHWEST ONE- QUARTER OF THE SOUTHEAST ONE-QUARTER SECTIO~ 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST-OF THE SIXTH PRINCIPAL MERIDIAN, JEFFERSON COUNTY. COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 300 FEET SOllTH OF THE POINT OF IrITERSECTION OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE ORIGINAL SOUTH LINE OF WEST 44TH AVE~UE; THENCE SOUTH ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE- QUARTER A DISTANCE OF 1281 FEET TO THE LENTER OF CLEflR CREEK (1932) THErlCE rlORTHEASTERLY ALONG CENTER- LINE OF CLEAR CREEK (1~32) TO A POINT 508.2 FEET E AS T 0 F THE I'J EST LI N E 0 F S A I D 11 0 R T H \oJ EST 0 N E - QUA R TE R OFT H E SOl) THE AS TON E - QUA R TE R AilD r" E AS U RED AT RIG H T M G L EST HER E TO; T II E rl C E 'j 0 R T H PAR A L LE _ I,~ IT H THE \'1 EST LI~E OF SAID SO~~HWEST '1E-OUARTER OF THE NORTHEAST O~JE-'1U^Rn:R AND ;HE NO~ ,'\1FST O'IE-"lUARTER OF THE SOUTHEAST IJtIE-QlJf.RHR A )ISTArICE OF 1426.45 FEET TO A POUlT ON THE SOUTH LItlE OF \1EST 4~TH AVEnUE; THEnCE NORTHWESTERLY ALONG THE SOUTH POI~T C~ THE SOUTH LINE OF WEST 44TH AVENUE WHICH POI~T IS 458.2 FEET EAST OF THE HEST LIrJE vi" THE SOUTHI.IEST DrIE-I1UARTEP OF THE NORTHEAST ~NE-QUARTER; TYENCE SOUTH PARALLEL TO EAST LI~E ^ DI~'~NCE OF 30n FEET MORE OR LESS TO A POINT DIRECTLY U\ST OF THE POi~IT \F REGI~H1ItlG; tHE~ICE I'IEST 458.2 FEET TO THE POINT OF g~GI11NING. EXCEPT RIGHTS OF WAY FOR ROADS AND DITCHES. SAID EASEME~T AND RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF SECTION 22, TOIHJSHIP 3 SOUTH, RMGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WHICH IS 729.2 FEET SOUTHERLY OF THE CENTER O~IE-QUARTER CORIIER OF SAID SECTION 22; THEnCE NORTH 78034' EAST A DISTANCE OF 286.0 FEET: THENCE NORTH 86022' EAST A DISTANCE OF 228.2 FEET TO A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 0004' WEST ALONG SAID EAST LINE A DISTAnCE OF 9.3 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMA~ENT EASEMENT AND RIGHT-OF-WAY AS RECORDED IN BOOK 1750 AT PAGE 448 IN THE OFFICE flF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID SOUTHERLY LINE SOUTH 86028' WEST A DISTANCE OF 231.1 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 78035' WEST A DISTANCE OF 283.0 FEET TO A POINT ON THE NORTH-SaUTH CENTERLINE OF SAID SECTION 22; THENCE SOUTH 0004' EAST ALONG SAID NORTH-SOUTH CENTERLINE A DISTANCE OF 10.2 FEET TO THE POINT OF BEGINNING; CONTAINING 0.115 ^CRES MORE OR LESS. ~.p J 3S" LEASE THIS LEASE, _~ecuted in duplicate at Denver, Colorado, this /<1 Li:- day of ' -/R{;')U..<--r,_,~ ' 19 0 5 , by and bet\o/een Hheat Ridge Parks and R creation District now known as ~jr~ Qf Whpat Fjd~~ and METR POLITAN DENVE SEWAGE DISPOSAL DISTRICT NO.1, hereinafter called respectively lessor and lessee, without regard to number or gender. WITNESSETH: That lessor hereby leases to lessee, and lessee hires from lessor, for the purpose of storing materials, supplies, excavated materials and equipment and for such other purposes as the lessee deems necessary in conjunction \/ith the construction of the connecting sewer lines, and for no other purpose, those certain premises situated in Jefferson County State of Colorado, and more particularly described as follows, to-wit: SEE ATTACHED EXHIBIT A The term shall 1 ')r!?ay of Feb. 1983 One Hundred Twenty-Five or portion thereof, which the advance of use or occupancy. be of 2 months, commenCIng on the , at a rate of Dollars ($ J2S~) per month, lessee agrees to pay to lessor in It is further mutually agreed between the parties as follows: 1. The lessee shall have the right to remove trees, bushes, undergrowth and other obstructions interfering with the stated use of the leased premises, it being mutually agreed that the total cost of this lease includes compensation for the loss of trees, bushes, undergrowth and other obstructions, exempt as provided in section 7 hereof. 2. The lessee shall have the right of ingress to and egress from the said premises over and across the lands of the lessor by means of roads and lanes thereon if such there be, otherwise by 9uch route and routes as shall occasion the lease practical damage and inconvenience to the lessor. 3. The lessee shall, at the terl'1ination of this lease, as nearly as possible, restore the same premises to its original condition less any trees or bushes that have been removed. 4. The lessee shall inde~nify and save the lessor harmless from and against any loss, damage and liability occasioned by, growing out of, Ot' arising or resulting from any tortiolJs or negligent act on the part of the lessee, its contractors, subcontractot's, agents or employees. 5. 'fhe lessor agrees to \larrant and defend the title to said premises and that the lessee shall peaceably and quetly hold, enjoy and occupy said premises during said term without any hindrance, interruption, ejection or molestation by lessor or by ~l~~ any other person or persons whomsoever. 6. The lessor shall indewnify and save the les~ee harmless from and against any loss, damage and liability occasioned by, growing out of, or arising or resulting from any default hereunder, or any tortious or negligent act on the part of the lessor, the lessor's agents or employees. 7. In Wheat Ridc1..e_Rark, the District is to protect the park pavilion-afia-the nearby Siberian elm tree from damage, although the elm may need to be trimmed back. The contractor will move off the easement and will re-set to their original location two ever- green trees, the fireplace and flagpole near the boy scout ampi- theater as well as a pfitzer juniper and drinking fountain near the pavilion. The contractor will remove a multi-trunk cott?nwood near the west boundary of the park for which a total of $491.00 compensation is made. 8. This lease and all the covenents, provisions and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date above first written. i/ /1 ' -----:/ - (. Wanda ~-t " ~ Sang, I -) t'" _ ti ty c.~rk LESSOR CITY OF WHEAT RIDGE: ~$Lr I ' _ :), - - / J / rL;;-rz'~.-r -if,'C - ~:L'l.-'"J..__ t'~Frank Stites, Mayor I' i' ATTEST: APPROVED AS kI-- ty Attorney LESSEE METROPOLITAN DENVER SEI'lAGE DISPOSAL DISTRICT NO. 1 " ~/~;~J/1 Ci -?- ALSO BEGHINHIG AT A POINT Otl THE NORTH-SOUTH CEtlTER- LINE OF SECTION 22 WHICH IS 698.6 FEET SOUTH OF THE C E N TE R 0 rl E - ~ U A R TE R 0 F S ^ IDS E C T ION; T H Ul C E A L 0 rl G THE NOR THE R LV LI tl E 0 F APE R M A fI E NT E AS H1 E tIT AND RIG H T - 0 F - WAY AS RECORDED IN BOOK 1750 AT PAGE 488 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, NORTH 78035' EAST A DISTJI,J1CE OF 280.4 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE ~ORTH 86028' EAST A DISTANCE OF 233.7 FEET TO A POINT ON THE EAST LItlE OF THE ABOVE DESCRIBED TRACT; THENCE NORTH 000(' WEST ALONG SAID EAST LINE ^ DISTANCE OF 20.0 FEET; TflEtlCE SOUTH 86028' WEST A DISTANCE OF 236.3 FEET; THENCE SOUTH 78035' WEST A DISTAtICE OF 277.8 FEET TO A ponn on THE NORTH-SOUTH CENTERLINE OF SAID SECTION 22; THENCE SOUTH 0004' EAST ALONG SAID CENTERLINE A DISTANCE or 20.4 FEET TO THE POINT OF BEGIN,NItIG; CI)~ITAINI!lG 0.236 ACRES r'lORE ,OR LESS. REVISED: DEC. 2, 1982 LEGAL DESCRIP1IOn: (CCP 135) A TEMPORARY CONSTRUCTION EASEMENT OVER, ACROSS AND . THROUGH THE FOLLO\HrtG DESCRIBED TRACT DF LA:lD TO- ~l IT: A PARCEL OF lMJD LOCATED Hl THE SfJUTfI\!EST ()\IE-QUARTER OF THE 'lORTHEAST G;IE-QUARTER AiID THE ~jQRTmJEST OilE- QUARTER OF THE SOUTHEAST O:lE-QUARTER SECTIO:I 22, T0HNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, JEFFERSO~ COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING 300 FEET"SOUTH OF THE POINT OF I~TERSECTION' OF THE WEST LI~E OF SAID SOUTHHFST O~E-QUARTER OF THE tlORTHEAST O'IE-QUARTER A'ID THE ORIGI~I^L soun: LINE OF \-IEST 44TH AVENUE; THE~CE SOUTH ALONG THE WEST LINE OF THE SOUTHWEST ONE-QUARTER OF THE nORTHEAST O"E-QUARTER A~D THE rlORTHt~EST ONE-r)UARTER OF THE SOUTHEAST OtlE-QlJl\RTER A D 1ST AN CEO F 1 2 8 1. FEE T TOT H E C UI T E R 0 F C L E ^ R C R E E K (1932) THE'ICE 'IORTHEASTERL Y ALO'JG CUlTERLHIE OF CLEAR CREEK (1932) TO A POINT 508.2 FEET EAST OF THE WEST LINE OF SAID AORTHWEST O~E-QUARTER OF THE SOUTHEAST ONE- QUARTER AND rlEASURED AT RIGHT A'IGLES THERETO; TIIE~CE NORTH PARALLEL \HTH THE IoJEST LI'IE OF SAID SOUTH\HST O~IE- QUARTER OF THE NORTHEAST ONE-OI'I\RTER A'ID THE NORTH\lEST O~IE-QIJARTER OF THE SOUTHEAST O:IE-QUARTER A DISTMlCE OF 142&.45 FEET TO A POINT ON THE SOUTH LI~E OF WEST 44TH AVENUE; THENCE ~IORnlvJESTERLY ALQilG Tttf- SOlHH POIrlT ON THE SOUTH LItlE OF \IEST 44TH AVUIUE HflICH POI'H IS 458.2 FEET EAST OF THE IIE5T LI~IE OF THE SOUTfHJEST OtIE- QUARTER OF THE ilORTHEAST OilE-QUARTER; THENCE SOUTH PARALLEL TO EAST LINE A DISTAtlCE OF 300 FEET MORE OR LESS TO A POINT DIRECTLY EAST OF HIE POINT OF BEGINtIItIG; THENCE WEST 458.2 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHTS OF WAY FOR ROADS AND DITCHES. SAID EASEr~UIT BEING r10RE ,PARTJCULARLY DESCRIBED AS FOLLOWS: BEGINNItII1 AT A POINT ON THE 1l0RTH-SOUTII CEiHERLINE OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRI~ICIPAL tlERIDIAN, \~HICH IS 729.2 FEET SOUTHERLY OF THE CENTER ONE-QUARTER CORNER OF SAID SECTION 22; THENCE NORTH 78034' EAST A DISTAtlCE OF 286.0 FEET; THENCE NORTH 86022' EAST A DISTA~CE OF 228.2 FEET TO A POINT 0" THE EAST LINE OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 0004' EAST ALONG SAID EAST LINE A DISTANCE OF 30.1 FEET; THENCE SOUTH 86022' WEST A DISTANCE OF 224.3 FEET; THENCE SOUTH 78034' WEST A DISTANCE OF 290.0 FEET TO A POINT ON HIE ~lORTH-SOUTH CENTERLINE OF SAID SECTION 22; THErlCE NORTH 0004' WEST ALONG SAID CElrfillLINE A DISTANCE OF 30.6 FEET TO THE POINT OF BEGINNING; CONTAINING 0.355 ACRES MORE OR LESS.