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LCP-13 6/13 7 & 140
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EASE/1ENT FOR CONSTRUCTION AND r.l'!\.!NTENlI_N'CE OF SE~'lER LINES
r t
THIS INDENTURE, Hade this
between ri~y of WhARt Ri~gp
day of ,
f t,., ,.{..
19'
-'
of the County of J@ffg""con ' of th~ State of Colorado,
of the first part; and the 11ETROPOLITAN DE~vER SEWAGE DISPOSAL DISTRICT
NO.1, a metropolitan sewage disposal district, duly organized under the
laws of the State of Colorado, party of the second part;
\'lITNESSETH:
That for and in consideration of the sum of Ten Dollars and other
consideration, ca~h in hand paid, the receipt of which is hereby acknow~
ledged, parties of the first part have 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 con-
veying sewage and other fluids over, across, through and under the lands
hereinaf,ter 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 interfering vlith the location, construction and maintenance
of said pipelines and/or mains, manholes and appurtenances.
The easement and right-or-way
County of J@f~@r~on,
over, across and through a strip of
hereby granted
, State
land described
lS
of
located in the
Colorado, and is
follovls:
as
See attached Exhibit A
To have and hold such easement and right-of-way unto the party of
the second part and unto its successors and assigns forever.
The party of the first part does hereby covenant 'Iili th t,he party
of the second part that they are lawfully seized and possessed of the
real estate above described, that they h2.\'e 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 wlll forever"
warrant and defend the title thereto ag~inst the lawful claims of all
persons whomsoever.
'1'he firs t party further grants to the second pcu:ty:
(a) The right of ingress to and ogress from sa~d strip over and
across said lands by means of roads and lanes thereon if such th2rc b2;
o-then'lise by such rou-to or routes as sh2.l1 occasion the least practical
damage and inconvenience to the first party.
Second party hereby covenants ~nd agrees:
(a) Second party shall prof0p::.ly ':::Jo,c:,: fill any trench Iricltlc' py it on
said strip and repair any damage it shall do to first party'5 fences,
private roads or lanes on said lilnd~;.
CCP-136,137 & 140
(b) Second p~rty shall indemnify first party against any loss or
damage which shall be caused by the exe:::-cise of said ingress 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.
First party reserves the right ~o use said strip for purposes
which will not interfere witr. 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 structu~e 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 parties hereto and all covenaqts
shall apply to and run with the land.
IN NITNESS WHEREOF, the parties hereto have set their hands and
seals the day and year first above writ~en.
PARTY OF THE SECOND PART:
PARTY OF THE FIRST PART:
~ffiTRO?OLITAN DENVER SEWAGE
DISPOSAL DISTRICT NO. 1
CITY OF WHEAT RIDGE:
By
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. Frank Stites, M~yor
A'T"T'FS'T' .
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w~a S~hg, '~i tYj' Clerk
AC$mVLEDGEr-lENTS APPROVED 'A T FORM:,
COUNTY"Q;F:, ,jJE'FFERSON
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18th day
Stites, Mayor,'
STATE OF COLORADO
The foregoing Easement was acknowledged before me'this
of February . 19~, by Will Burt, Mayor Pro-Tern for Frank
and Wanda Sang, City Clerk, for City of Wheat Ridge
\VITNESS my hand and official seal.
My commission expires:
STATE OF COLORADO }
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55.
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Notar?pub~
Business 1ddr~s:
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COUNT'" OF ADANS
_the foregoing ~a~errent \.;as a.cknQ',y!~dgcd before me
of _+,(:/.S ___' 19,1;>. by ,Jrlrj.:' 1=l Fn<JpY', MrlD..Q.ger
Hctro/)litan D~'nvcr Sewage Disposal Dist:ciet No. L
t,his
I
" h...1i
I""';) day
of the
\HTl';ESS my hand and official seal,
1-1Y commi~jsion expires: l1arch 10 ,1983'~ " ~'J:) ,/ ')
M~?1 -. ..' /
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t'6tayY Pu,~ll , .
(~ssiness Address:
10~O Capitol Life Center
-2- Denver, CO ~0203
CCP-136,137 & 140
EXHIBIT A
LEGAL DESCRIPTION:
A PERMANENT EASEMENT AND RIGHT-OF-WAY OVER, ACROSS
AND THROUGH THE FOllOWING DESCRIBED TRACT OF LAND
TO-WIT:
LOTS 35 AND 36, HAPPY VALLEY GARDENS SUBDIVISION,
JEFFERSON COUNTY, COLORADO.
SAID EASEMENT AND RIGHT-OF-WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: .
BEGINNING AT A POINT ON THE WEST LINE OF LOT 35, HAPPY
VALLEY GARDENS WHICH IS 41.4 FEET SOUTHERLY OF THE
NORTHWEST CORNER OF SAID LOT; THENCE SOUTH 89026'
EAST A DISTANCE OF 138.9 FEET; THENCE NORTH 78034'
EAST A DISTANCE OF 197.1 FEET TO A POINT ON THE
EAST LINE OF LOT 36; THENCE nORTH 0004' WEST ALONG SAID
EAST LINE A DISTANCE OF 10.2 FEET TO A POINT ON THE
SOUTHERLY LINE OF A PERMANENT EASFMENT AND RIGHT-OF-
WAY AS RECORDED IN BOOK 1851 AT PAGE 460 IN THE
OFFICE OF THE CLERK AND RECORDER OF JEFFERSON
COUNTY; THENCE ALONG SAID SOUTHtRLY LINE SOUTH 78035'
WEST A DISTANCE OF 195.6 FEET; THENCE CONTINUING ALONG
SAID SOUTHERLY LINE NORTH 89030' WEST A DISTANCE OF
140.3 FEET TO A POINT ON THE WEST LINE OF LOT 35;
THENCE SOUTH 0030' WEST ALONG SAID WEST LINE A DISTA~CE
OF 10.4 FEET TO THE POINT OF BEGINNING; CONTAINING
0.079 ACRES MORE OR LESS.
CCP-136, 137 &140
LEASE
THIS LEASE, executed
this ;" day of /" "',
City of Wheat Ridqe .
1n duplicate at Denver, Colorado,
, 19 '/ , by and between
and METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO.1,
hereinafter called respectively lessor and lessee, ~lithout 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 with 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-\vit:
See attached Exhibit A
The ter~ shall be of 2 months, commenCIng on the
15th day of F'phnlrlY1' 1983' at a rate of
spvpn+l-F'ivp rlnn n(')/lOQ______Dollars ($ 75 00--) per month,
or por ion thereof,' WhICh the lessee agrees to pay to lessor in
advance of use or occupancy.
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.
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 such route and routes as shall occasion the lease
practical damage and inconvenience to the lessor.
3. The lessee shall, at the termination 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 indemnify and save the lessor
harmless from and against any loss, damage and liability
occasioned by, growing out of, or arising or resulting from any
tortious or negligent act on the part of the lessee, its
contractors, subcontractors, agents or employees.
5. The lessor Cl'Jrees to \Iarrant 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
CLP-l~b,l~1 ~ ~~v
any other person or persons whomsoever.
6. The lessor shall indemnify and save the lessee
harmless fro~ and against any loss, damage and liability
occasioned by, grO\'ling 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.
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.
LESSOR
CITY OF WHEAT RIDGE:
ATTEST:
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Frank Stites, Mayor
Wanda Sang, cit~ Clerk
LES
DENVER SEWAGE DISPOSAL
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EXHIBIT A
CCP-136, 137 &140
LEGAL DESCRIPTIO~:
A H 1.1 P 0 R A R Y C 0 tI S T R tJ C Tl 0 N E A S Et4 E N r 0 V E R. A C R 0 S SAN D
THROUGH THE FOLLOWING DESCRIBED TRACT OF LANn TO-
WIT:
LOTS 35 & 30, HAPPY VALLEY GARDENS SUBDIVISION, JEFF-
, E RSON COUNTY. COL ORADO.
BEGINNING AT A POINT ON THE WEST LINE OF LOT 35,
HAPPY VALLEY GARDENS WHICH IS 41.4 FEET SOUTHERLY
OF TilE NORTH~JEST CORNER OF SAID lOT; THENCE SOUTH
11'1 .. ? (,' I ^ <., T ^ 0 1 ~, T ^ N ( [ 0 r 1 3 II . 9 r [[ T; T II [ N C [ NOR Tll
78u34' EAST A DISTANCE OF 197.1 FEET TO A POINT
ON THE EAST LINE OF LOT 36; THENCE SOUTH 0004' EAST ALONG
SAID EAST LINF A DISTANCE OF 30.6 FEET; THENCE
SOUTH 78034' WEST A DISTANCE 194.2 FEET; THENCE
NORTll B9"('6' \HST A DI STANCE OF 142.1 FEET TO A POlfn
ON THE WEST LINE OF LOT 35; THENCE NORTH 0030' EAST ALONG
SAID WEST LINE A DISTANCE OF 30.0 FEET TO THE POINT
OF BEGINNJNG; CONTAINING 0.231 ACRES MORE OR LESS.
ALSO, BEGINNING AT THE NORTHWEST CORNER OF LOT 35,
HAPPY VALLEY GARDENS; THENCE ALONG THE NORTH LINE
OF SAID LOT 35; SOUTH 89030' EAST A DISTANCE OF 40.0
FEET TO A POI~T OF CURVE; THENCE CONTINUING ALONG
SAID NORTH LINE THROUGH THE CURVE TO THE LEFT HAVING
A RADIUS OF 150.0 FEET, A CENTRAL ANGLE OF 19056'
ArID AN ARC DISTANCE OF 51.2 FEET TO A POINT; THENCE
SOUTH 89031")' EAST A DISTANCE OF ..'\3.9 FEET; THENCE
NORTH 78035' EAST A DISTANCE OF 157.9 FEET TO A POINT
ON THE NORTHEASTERLY LINE OF SAID LOT 36; THENCE SOUTH
75018' EAST A DISTANCE OF 43.2 FEET TO THE NORTHEAST CORNER
OF SAID LOT 36; THENCE SOUTH 0004' EAST ALONG THE EAST
LINE OF SAID LOT 36 A DISTANCE OF 1.2 FEET TO A POINT ON
THE NORTHERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY
AS RECORDED IN BOOK 1851 /I,T PAGE 460 IN THE OFFICE OF THE
CLERK ANn RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID
rlORTHERLY L1r~E SOUTH 78"35' HEST A DISTMCE OF 197.6
FE ET; THE~I CE CON T HW IrIG ALOn G SA I D NO RTH E RLY Ll N E NORTH
89030' WEST A DISTANCE OF 138.2 FEET TO A POINT ON THE
WEST LINE OF LOT 35; THENCE NORTH 0030' EAST ALONG SAID
WEST LINE A DISTANCE OF 11.0 FEET TO THE POINT OF BEGINNING;
CONTAINING 0.130 ACRES MORE OR LESS.