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HomeMy WebLinkAbout0093 CCP t4.I1 EASEMENT FOR CONSTRUCTION AND ~~INTENANCE OF SEWER LINES ~;.,~.. .".-"~... , , {WHEAT \ !.~ H1DGE .~ r EA~";E 1 t ME"'T ,; \33 THIS between <Ii, INDENTURE Hade this I J day of The City of Wheat Ridge ,;~,,~,~ f"" f ,I..~' J .. , ~ / f /' 19.....:.......:., of the County of Jefferson of the State of Colorado, party of the fIrst part; and the 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; WITNESSETH: 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, 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 hereinafte~ 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 t~he 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 t,he further r igh t to remove trees, bushes, undergrowth and other obstructions Interfering with the locatIon, construction and maintenance of said pipelInes and/or mains. manholes and appurtenances The easement and rl~lJt-of-way r,ereby g!:'anted is located in the County of Jefferson State of Colorado, and is over, across and through a strip of land described as follows: 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 f,irst 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 encwnbrances and that they will forever warrant and defend the title thereto against the lawful claims of all persons whomsoever" The party of the first part further grants to the second party: (a) The rlqht cf ingress tc ani egress from said strip over and across saId lands by ~eans of ~I'a,ls 2rtd lanes thereon if such there be; otherv;ise .b~" ~:;ucri rC"i....::e Cl~ ~:~ut G::, El.s sl:all occCls.:on t.h(~ least practical damag-e aT'..d inC(lT'f;_~t;:t_"" (-'. +-r.,: t~:-~E fli::5t F2rty., Scr~on~~ pi.l~:+-~I r-'__~-.=b/ cc}per:?:!j~ -..l C~~-~ aqrees: (2) S,-:: l:n:-i. r;;-ir-~~l sl'0.~ 1 I rOL?I-.:.. ,;dckfll1 any trc:Dch l~a:lc by it on said strip and repc..lr any dar:2.ge 2..t shall do tc first partyl s fE-'nces, private roaJs or lanes on said lands. CR.P ttt! (b) Second part} shall indemnify first party against any loss or damage which shall be caused by the exercise 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 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 parties hereto and all covenants shall apply to and run wi tl1 the la;-ld. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, PARTY OF THE SECOND PART: PARTY OF THE FIRST PART: CITY OF WHEAT RIDGE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 \' ~;tl~1 i Frank Stites, Mayor ATTEST: ,I . + 9Zft4~ /"->:}if Wanda Sang, Clty C rk ACKNOWLEDGEJ.\1ENTS ;..~ By , /;' .,./ / ) ..' ," ; , /,i.. ~ ,.I.J0~.c.., /01"-. . - _ " ,,' / ss" A STATE OF COLORADO COUNTY OF JEFFERSON The foregoing Easement was acknowledged before me this 18th day of February ,19~, by will Burt, Mayor Pro-Tern, for Frank Stites, Mayor, and Wanda Sanq, city Clerk, for the City of Wheat Ridge WITNESS my hand and official seal. My corr~isslon expires: / ~~ __ C___ C', ~'~~L ' . , c c.,C '/ _; - /" Z--CL- JU ------. Notarypub;L;t. '. ,.'..' _ .. ?:rC'O te /, ,';1 t7'?/- cA ~,;k;~A_ '<.'/ Business Address: (~.;./CJ$I: :}!,..f~ (:;" STATE OF COLORADO SS~ COUNTY OF ADAi'VIS Th~ foregolnq E2serrent. Vias ac};nO\vledqed before me --; ( -") ~ () f _..LJ:-2..____, 19.<22_ by _~_~,g.J5:~-'_ E.!l.sL~:r;, !-':anager MetropoJ.itan Denver S2wage Disposal District No.1. this ;.< I, d , ,)- day of the WIT'Je'.::; c; Dl' 1-:.a.l"!-: a~lJ off2c::.21 c. ~ 'I ..) _ C1 ..L / Ny C',J"Cl'_",c;lon c'.:plres: Harch 10, 1986 ..- ----J: '''...-, ~~ ~ h,' .....-c-------.L7 ! . -?- )"",,' {. -- :<7, '1-'Y ' / 'I / NotarY Public , ....-Business Address: I~~an & Flynn P.C. -2- 1040 Capitol Life Center Denver, CO 80203 EXHIBIT A ! ~~ ~, . LEGAL DESCRIPTION: (CCP 141) A PERMANENT EASEMENT AND RIGHT-OF-WAY OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO-WIT: THE SOUTH 220 fEET OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, JEFFERSON COUNTY, COLORADO. SAID EASEMENT AND RIGHT-OF-WAY BEING MORE PART- ICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT OF LAND;'THENtE ALONG THE SOUTH LINE OF SAID TRACT NORTH 88043' EAST A DISTANCE OF 35.8 FEET; THENCE NORTH 84038' EAST A DISTANCE OF 224.9 FEET; THENCE SOUTH 75013' EAST A DISTANCE OF 58.1 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE ALONG SAID SOUTH LINE NORTH 88043' EAST A DISTANCE OF 31.2 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS RECORDED IN BOOK 1922 AT PAGE 701 IN THE OFFICE OF THF CLERK ANn RECORDER OF JEFFERSON COUNTY; THENCE ALU~G SAID SOUTHERLY LINE NORTH 74"34' WEST A DISTANCE OF 87.2 FEET; THENCE CONTINUING ALONG SAID SOUTHERLY LINE SOUTH 84028' WEST A DISTANCE OF 264.2 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE SOUTHERLY ALONG SAID WEST LINE A DISTANCE OF 5.43 FEET MORE OR LESS TO THE POINT OF BEGINNING; CONTAINING 0.065 ACRES MORE OR LESS. CCPf'll LEASE this ~tHIS LEASE, executed in duplicate at Denver, Colorado, '1 ..J day of 'kt,y.."'""''''i1l ' 19 j:; , by and bet\>/een The City of W eat R qe and METROPOLITAN DENVER 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, supplles, 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-wit: SEE ATTACHED EXHIBIT A The terrl shall _ 15th day of F~h. 1 gW'l One Hundred Fifty-nine or portion thereof, which the advance of use or occupancy. be of 7 nonths, commencing on the , a tara te of Dollars ($ 159.00 ) 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. 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 indeDnify 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 eDployees. 5. 'rhe lessor a~lrees to 113.rrant and defend the title to said premises and that the lesse~ shall peaceably and quetly hold, enjoy and occupy said premises during said term without any hindrance, interruption, ejection or molestation by lessor or by CCP 14 ( any other person or persons whomsoever. 6. The lessor shall indemnify and save the lessee harmless from and against any loss, damage and liability occasioned by, grO\~ing 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: ~ $;$/ ~}1! ~1r"- t Frank Stites, Mayor ATTJ;;S~ :. 'I 1'1 'C - I ~;''''/J.\....... LESSEE !j, ) t.{ /( ( ( . i 1 ~ I / L " I Wanda' san,;) METROPOLITAN DENVER Sm'lAGE DISPOSAL DISTRICT NO. 1 City Clerk l~ /}dtlt!ffb!f( (j ( ) "', EXHIBIT A LEGAL DESCRIPTION: (CCP 141) A TEMPORARY CONSTRUCTION EASEMENT OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO- tH T : THE SOUTH 220 FEET OF THE NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. JEFFERSON COUNTY, COLORADO. SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOI~S : BEGINNING AT A POINT ON THE SOUTH LINE OF SAID TRACT OF LAND WHICH IS 35.8 FEET EASTERLY OF THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH 84038' EAST A DIST- ANCE OF 224.9 FEET; THENCE SOUTH 75013' EAST A DISTANCE OF 58.1 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE SOUTH 88043' WEST ALONG SAID SOUTH L HIE 280.1 FEET TO THE POINT OF BEGINNING; CONTAINING 0.052 ACRES MORE OR LESS. ALSO BEGIN~ING AT A POINT ON THE WEST LINE OF SAID TRACT WHICH IS 25,5 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID TRACT; THENCE ALONG THE NORTHFRLY LINE OF A PI:.fU11\tlUIr EASE~lENT AND RIGliT-OF-vJAY AS RECORDED IN BOOK 1922 AT PAGE 701 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, NORTH 84028' EAST A DISTANCE OF 265.9 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE SOUTH 74034' EAST A DISTJ\NCE OF 157.6 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE NORTH 88043' EAST ALONG SAID SOUTH LINE 69.5 FEET; THENCE NORTH 74034' WEST A DISTANCE OF 227.9 FEET; THENCE SOUTH 84028' WEST A DISTANCE OF 267.6 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE SOUTH 0020' WEST ALONG SAID WEST LINE A DISTANCE OF 20.1 FEET TO THE POINT OF BEGINNING; CONTAINING 0.211 ACRES MORE OR LESS.