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.