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HomeMy WebLinkAbout0094 -~f r7A EASEMENT FOR CONSTRUCTION AND ~ffiINTENANCE OF SEWER LINES THIS INDENTURE Made this between The City of Wheat -o>t, 1,>(::" day Ridge of --..., I , -.../-':...--ff?"-<-<.-.c'-___~ ~I , 19 ~ _3 , 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 hund 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 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 Interfering with the location, construction and maintenance of said pipelines and/or maIns, manholes and appurtenances. The easement and rlgllt-of-way hereby granted 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 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 whomsoever. The party of the first part further grants to the second party: (a) The right of ingress to and egress from said strip over and across said lands by [;leans of roads and lanes thereon if such there be; otherwise by such route or routes as shall occasion the least practical damage and in('c)n'/enie!1('l~ tc the flr,c;t party.. Second part''/ lH__L,~_bl' Co\"~na!lts cll)C agrees: (a) SC':Glld party st'311 prompf~l:,.' backfill any trench made by it on said strip and repair any damage it shall do to first party's fences, private roads or lanes on said lands. , .') '" (lJ) Su':olld I'ell t i <;[ldLl i nclcI\1111.1y flrsl party ugcl.1.ns t any loss or damage \,Inch shall be caustjd by the exercise of said ingress and egress or by any \o;rongful or negligent act or omission of the second party or of its agents or employees In the course of their employment" Flrst 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, SiJ.na or gravel in said strip or diminish or sub- stantially add to tile ground caver over said pipelines. The provlsions hereof shall inure t.o the benefit of and bind the Sllccessors and assigns of the respective parties hereto and all covenants shall apply tu and run with the land. 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: !' By ~,!t,vM5lk!;!fL, !/ (J v CITY OF WHEAT RIDGE: /": j/~( yY d-'.' /) 1 ~ (~~ ~ - Y""'j~,L :!'-.l.-"U....'V\....- t, Frank Stites, Mayor I METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 ATTEST: F ss. Wanda Clerk A.CKNOWLEDGEf'.lENTS APPR STATE OF COLORADO COUNT'( OF JEFFERSON The foregoing Easement was acknowledg d efore me this 18th day of February 19~, by Will Burt, Mayor Pro-Tern, for Frank ~tltes, Mayor, and Wanda Sang, City Clerk, for the Clty of Wheat Rldge WITNESS my hand and official seal. My Cor::missio:1 Expires fcbruary ~,8, lae~ /~- (-~ ( \~?~, \/,_~(}-'1J:."__ Notary Public My commission expires: STATE OF COLORADO ) ) ) COUNTY OF ADAMS Business Address: '-d'~' ,., / ,) g.. {/- ~.( <-><--- 7 )C~L-) ,t// ~ ' 1 L. / ,",' ~:!3 , p -7" /~7 .4;f~ LA?-) f?c (C J dUU.-L ~'7' ~ / , ;;nh ,I ~e. foregoing E;::.sen'ent was acknowlejged before me th1.s ,- day of d. 19--D' by Jack B. Enger, Hanager of the Metropolitan Den~~r Sew~gL Disposal DIstrict No.1. 5S. ~\'ITNESS my i-"113 c\rlu olIo, ld1 :ooecd My Cu.~:T11.5Si,ul\ l'XP.i res: ]\1arch ~~~~?' ~ Pub ' v ~ -2- Address: Inman & Flynn P.C. 1040 Capitol Life Center Denver, CO 80203 .1_...:..J,.J.J....,l..J.L..l. 4:1. . rEGAL DESCRIPTION: (CCP 142) A PERMANENT EASEMENT A~D RIGHT-OF-WAY OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO - \.JI T : A P'A R T 0 F THE SOU THO N E - HAL F 0 F S E C TI 0 N .22, T O1m S HIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT 685.00 FEET NORTH AMD 50.00 ~EET EAST OF THE SOUTHWEST CORNER NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER SAID SECTION 22; THENCE NORTH AND PARALLEL WITH THE WEST LINE AT SAID SECTION 22, A DISTANCE OF 180.86 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 91006'28" A DISTANCE OF 386.00 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 88046'45", A DIST- ANCE OF 50.75 FEET; WITNESS CORNER SET 10.00 FEET NORTH OF TRUE CORNER; THENCE ON AN ANGLE TO THE LEFT OF 89019' 25", A DISTANCE OF 217 .10 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF JELLISON STREET; THENCE ON AN A~GLE TO THE RIGHT OF 17021'57", A DISTANCE OF 231,74 FEET; THENCE ON AN ANGLE ~O THE RIGHT OF 72025'31" A DIST- ANCE OF 26.23 FEET; THENCE ON AN ANGLE TO THE LEFT OF 81002'07" A DISTANCE OF 448.99 FEEr TO A POINT ON THE EAST LINE ~ORTHWEST ONE-QUARTER OF THE SOUTHEAST ON[- QUARTER, SAID SECTION 22; THEMCE ON AN ANGLE TO THE RI GHT OF 80015'30" AND ALONG THE EAST LINE NORTH\'IEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER A DISTANCE OF 50.08 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 94055' 43" A DISTANCE OF 127'L81 fEET TO THE POINT OF BEGltlNING. EXCEPT THAT PORTION DEEDED TO THE DEPARTMENT OF HIGHWAY IN BOOK 2111, PAGE 411. EXCEPT EASEMENTS IN B00K 1795, PAGE 383, AND BOOK 2111, PAGE 410. SAID EASEMENT AND RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND WHICH IS 29.6 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID TRACT; THENCE SOUTH 59052' EAST A DISTANCE OF 15.6 FEET; THENCE SOUTH 81055' EAST A DISTANCE OF 295.7 FEET; THENCE SOUTH 89024' EAST A DIST- ANCE OF 50.2 FEET TO A POINT ON THE WEST LI"E OF A PARCEL OF LAND AS RECORDED IN BOOK 1557 AT PAGE 381 IN THE OFFICE OF THE CLERK ArlO RECORDER OF JEFFERSO~I COUNTY; THENCE NORTH 0006' WEST ALONG SAID WEST LINE A DISTA~CE OF 20,7 FEET TO A POINT ON THE SOUTHERLY LItlE OF A PERt\ANEtlT RIGllT-OF-vIAY AS RECORDED IN BOOK 1795 AT PAGE 383 IN SAID CLERK AND RECORDER'S OFFICE; THENCE ALO~G SAID SOUTHERLY LINE NORTH 85011 I WEST A DISTANCE OF 344.6 FEET TO A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT; THENCE WESTERLY NORTH 88053' WEST ALONG SAID ~ORTf LINE A DISTAMCE OF 13.0 FEET TO THE POINT OF BEGINNING; CONTAINING 0.135 ACRES MORE OR LESS. ALSO, BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND WHICH IS 77.5 FEET NORTHWESTERLY OF THE NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH 84038' WEST A DISTANCE OF 180.4 FEE~; THENCE NORTH 68029' WEST A DISTANCE OF 477.8 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT; THENCE SOUTH 89025' EAST ALONG SAID NORTH LINE A DISTANCE OF 23.8 FEET TO A POINT ON THE SOUTHERLY LINE OF A PER11ANENT EASEMENT AND RIGHT- OF-WAY AS RECORDED IN BOOK 1795 AT PAGE 383 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID SOUTHERLY LINE THE FOLLOWING FIVE COURSES; (1) SOUTH 68025' EAST A DISTANCE OF 251.5 FEET; (2) THENCE SOUTH 0022' WEST A DISTANCE OF 5.4 FEET; (3) THENCE SOUTH 80040' EAST A DISTANCE OF 23.6 FEET; (4) THENCE SOUTH 68025' EAST A DISTANCE OF 178.0 FEET; (5) THENCE NORTH 84028' EAST A DISTANCE or 147.1 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT or LAND THENCE SOUTH 80041)' EAST ALOilG SAID ~lORTH LltlE A DISTANCE OF 31.8 FEET TO THE POINT OF BEGINNING, COrnAINUIG 0.116 ACRES MORE OR LESS. . C.C.P (lfl. LEASE ,THIS LEASE, executed in this t, day of ,,' {, o'''. The City of Wheat Rldge . duplicate at Denver, Colorado, , 19 ~', , by and betYTeen 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, 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 ,Teff~rson COllnr~ State of Colorado, and more particularly describe as follows, . to-\vit: SEE ATTACHED EXHIBIT A The ter~ shall be of _~ Donths, comDenclng on the 15thday of Feb. 1983 , at a rate of One Hundred Eiahtv-Five Dollars ($ 185.00 ) per month, or portion 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 indeDnify and save the lessor harmless from and against any loss, damage and liability occasioned by, growing out oE, or arising or resulting from any tortious or negligent act oh the part of the lessee, its contractors, subcontractors, agents or employees. 5. The 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 c.c.~ f4~ 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, 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. f 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: / /U1/ ~ Frank Stites, 'Mayor " ' (;' ATTES'J;'; , :/ I ( , I ~inda Sang, City Clerk LESSEE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 r - ./ /.,?- " '" IV:;'" ' / . f' 5' '" -' "'d ' v_ ; ./ '" j; , / / / / -2- It '\ EXHIBIT A LEGAL DESCRIPTION: (CCP 142) A TEMPORARY CONSTRUCTION EASEMENT OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO- WIT: A PART OF THE SOUTH ONE-HALF OF SECTION 22, TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOllOWS: BEGINNING AT A POINT 685.00 FEET NORTH AND 50.00.. . FEET EAST OF THE SOUTHWEST CORNER NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, SAID SECTION 22; THENCE NORTH AND PARALLEL WITH THE WEST LINE AT SAID SECTION 22. A DISTANCE OF 180.86 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 91006'28" A DISTANCE OF 386.00 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 88046'45", A DISTANCE OF 50.75 FEET; WITNESS CORNER SET 10.00 FEET NORTH OF TRUE CORNER; THENCE ON AN ANGLE TO THE LEFT OF 89019'25", A DISTANCE OF 217.10 FEET, TO A POINT ON THE EAST RIGHT OF WAY LINE OF JELLISON STREET; THENCE ON AN ANGLE TO THE RIGHT OF 17021'57", A DISTANCE OF 231.74 FEET; THENCE ON AN ANGLE TO THE RIGHT OF 72025'31" A DISTANCE OF 26.23 FEET; THENCE ON AN ANGLE TO THE LEFT OF 81002'07" A DISTANCE OF 448.99 FEET TO A POINT ON THE EAST LINE NORTHWEST ONE~QUARTtR OF THE SOUTHEAST ONE-QUARTER, SAID SECTION 22; THENCE ON AN ANGLE TO THE RIGHT OF 80015'30" AND ALONG THE EAST LINE NORTH\,jEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER A DISTANCE OF 50.08 FEET THENCE ON AN ANGLE TO THE RIGHT OF 94055'43" A DISTANCE OF 1270.81 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DEEDED TO THE DEPARTMENT OF HIGHWAYS, IN BOOK 2111, PAGE 411. EXCEPT EASEMENTS IN BOOK 1795, PAGE 383 AND BOOK 2111, PAGE 410. SAIO EASEMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID TRACT; THENCE EASTERLY ALONG THE NORTH LINE OF SAID TRACT A DISTANCE OF 29.6 FEET; THENCE SOUTH 59052' EAST A DISTANCE OF 15.6 FEET; THENCE SOUTH 81055' EAST A DISTANCE OF 295.,7 FEE~; THENCE SOUTH 89024' EA~T A DISTANCE OF 50.2 FEET TO A POINT ON THE NORTHEASTERLY LINE OF SAID TRACT: THENCE SOUTH 0006' EAST ALONG SAID ~JORTHEASTERLY LINE A DISTANCE OF 7.8 FEET; THENCE CONTINUING ALONG SAID NORTH- EASTERLY LINE, SOUTH 89025' EAST A DISTANCE OF 179,8 FEET; THENCE SOUTH 68029' EAST A DISTANCE OF 477.8 FEET; THENCE NORTH 84038' EAST A DISTANCE OF 180.4 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT; THENCE SOUTH 81)041)' EAST ALONG SAID NORTH LINE A DISTANCE OF 77.5 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE SOUTH 0024' EAST ALONG THE EAST LINE OF SAID TRACT A DISTANCE OF 10.4 FEET; THENCE SOUTH J..L./O/OL. i ", ~ 84038' WEST A DISTANCE OF 230.4 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE NORTH 85029' WEST ALONG SAID SOUTH LINE A DISTANCE OF 48.4 FEET; THENCE NORTH 68029' WEST A DISTANCE OF 482.8 FEET; THENCE NORTH 890 24' WEST A DISTANCE,OF 206.3 FEET; THENCE NORTH 81055' WEST A DISTANCE OF 303.3 FEET; THENCE NORTH 59052' WEST A DISTANCE OF 38.3 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE NORTH 0001 I EAST ALONG SAID WEST LINE A DISTANCE OF 18.1 FEET TO THE POINT OF BEGINNING; , CONTAINING 0.847 AGRES MORE OR LESS. ALSO, BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND WHICH IS 353.2 FEET EASTERLY OF THE NORTHWEST CORNER OF SAID TRACT; THENCE ALONG THE NORTHERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS DESCRIBED IN BOOK 1795 AT PAGE 383 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, SOUTH 85011' EAST A DISTANCE OF 32.9 FEET; THENCE NORTH 0006' WEST A DISTANCE OF 2.1 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT; THENCE NORTH 88053' WEST ALONG SAID NORTH LINE A DIST- ANCE OF 32.8 FEET TO THE POINT OF BEGINNING; CONTAINING 50.0 FEET MORE OR LESS. ALSO, BEGINNING AT A POINT ON THE NORTH LINE OF THE ABOVE DESCRIBED TRACT OF LAND WHICH IS 187.2 FEET NORTHWESTERLY OF THE NORTHEAST CORNER OF SAID TRACT; THENCE NORTH 80040' WEST ALONG SAID NORTH LINE A DISTA~ICE OF 143.8 FEET TO A POINT ON THE NORTHERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS RECORDED IN BOOK 1795 AT PAGE 383 IN OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 68025' EAST A DISTANCE OF 81.0 FEET; THENCE CONTINUING ALONG SAID NORTHERLY LINE NORTH 84028' EAST A DISTANCE OF 67.0'FEET TO THE POINT OF BEGINNING; CONTAINING 0.028 ACRES MORE OR LESS. REVISED: DEC. 2,1982 .'