HomeMy WebLinkAbout0098
',~
.,.
G0
\~'
U.
'v
l.J..
r')
E~g;;
c ,-
(1)
,::; C')
~ >--i
.::l
o
~~\~
-t-'J
())
f
83053(.02
tfEcl!:,o1?~ ~.-.-/
IS:3 Jut! I 3 PH 12' 33
J;::F' r""^n:/ ~:.1IIT'1 ,"c, "", !OO
'- ~ L:.:\I.."'" :.,t....l..;l. I; uU_iJi\j,
. l
'"
EASE~'\ENT FOR CONSTRUCTION AND H!\INTENAtKS OJ' Sr:~')ER LINES
(Wm:A 1 .
t R1DGE
\ i;i; :
, d~ f
~)
1/1
THIS INDENTURE, Made
, 198:j, bebveen
~
, ,
/ t,..
this ,)'- I day of
The City of Wheat Ridge
;.. M <.
Ofthe County of Jefferson , of the state of
Colo~ado, pa~ty of the first part; and the METROPOLITAN
DENVER SE\'IAGE DISPOSAL DISTRICT NO.1, a met ropol i tan sewage
disposal district, duly organized under the laws of the State
of Colorado, party of the second part;
\'JITNESSETH:
That for and in consideration of the sum of Ten
dollars and other consideration, cash in hand paid, the
receipt of which is hereby acknowledged, 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 conveying sewage
and othe~ fluids over, across, through and under the lands
hereinafter described, together with the right to excavate
and refill ditches and/or t~enches for the location of said
pipelines and/or mains and the fu~ther ~ight to remove t~ees,
bushes, undergrowth and other obstructions interEering with
the location, construction and maintenance of said pipelines
and/or mains, manholes and appurtenances.
The easement
located in the
of Colorado, and is over
described as follows:
and right-of-way hereby granted is
County of Jefferson , State
across and through a strip of land
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 pa~t does hereby convenant
with the party of the second part that they are lawfully
seized and possessed of the ~8al 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 meJns oE roads and lanes
thereon if such there be; otherwise by such route or routes
as sh2ll occasion the least practical damage and
i nco.nven i ence to the firs t pa r ty.
Second party hereby convenants and agrees:
(a) Second party shall promp~ly backfill any
trench made by it on said strip and repair any damaQe it
shall do to first party's fences, private roads o~ lanes on
said lands.
~ 1 ,-
Q ?-, (. ,,'- '7, lJ..1 . -;
f) -- \.., -=:> ~~' - \ \.. (.__.''
CCP-134
EASE~lSNT FOR CONSTR~JCTION JlN~ t'iA~NTENANCE OF SE\'iER LINP:S
,r\
,/, '~,'HFAT \,
r RIDGE \
! EASE j
II, ~IENT ,
\ q 8}
\.:l_~,',' "
~:l
;
,
)t/VLC':>
THIS INDENTURE, Made this
, 19,)-3, between The
__ /1.,
;Y day of
city of Wheat Ridge
of the County of Jefferson , of the State of
Colorado, party of the first part; and the METROPOLITAN
DENVER SEI'lAGE DISPOSAL DISTRICT NO.1, a met ropol i tan 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 acknowledged, 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 conveying 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 interEering with
the location, construction and maintenance of said pipelines
and/or mains, manholes and appurtenances.
The easement
located in the
of Colorado, and is over
described as follows:
and right-of-way hereby granted is
County of Jefferson , State
across and through a strip of land
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 convenant
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 p3rty:
(a) The right of ingress to and egress from said
strip over and across said lands by means oE roads and lanes
thereon if such there be; otherwise by such route or routes
as sh211 occasion the least practical damage and
inconvenience to the first party.
Second party hereby convenants and agrees:
(a) Second party shall promptly 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.
-1-
CCP-134
(b) Second party 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 employess 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
substantially add to the ground cover over said pipelines.
The provisions hereof shall inure to the benefit of
and bind the sucessors and assigns of the respective parties
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 written.
PARTY OF THE SECOND PART:
METROPOLITAN DENVER SEWAGE
DISPOSAL DISTRICT NO. 1
ATTEST:
, '. / I t
By _ vi ;'./ v '.v'.,./' ,
/11 . ,I
..j, '-(VI (T j ((r
{/
ACKNOWLEDGEI-1ENTS
STATE OF COLORADO
)
)
I . ..
County Of~___'U';"1~ 't..d&"7L- )
( I
. I
_ . The fO)f~plng Eas~ment was
this /~d.ay of~ ;i/{(.I;Y'jI9,y-:) , by c
"' ,,<( / (./ i A't/tP:- - / ']~ )~
/
WITNESS my hand and officlal seal.
J~~wledged ~~~me
\./7 7/?J~ J ~_.: \...)-<-, c( C~ .
-,
55.
My commission expires:
My Ccmmission Expires February 18, 19E4,
STATE OF COLORADO
/~ &. /
L Nor~'1&b1:i(; .i<:c -7'-<: --,
Business.Addre~s', ",-
0,...T?L) it 'r:) Y ~ ~~(.L.<._
) -7'" J. ,'j"." /' /E;
tC ,~jl..Lt<::( IL r.;i(7-~ I l C '
)ss: / '
)
COUNTY OF ADAMS
__I/~The foregping Easement \'laS acknO\vledged before me
thi,5 ~_~day of _.J':r? '2 , 19.13, by Jack S'. Enger of the
~:etropolitan Denver Sewage Disposal District No.1.
WITNESS my hand and official seal.
Ny commission expi~es: March
-2-
....
tJ ;,
E,'<BIBIT A
LEGAL DESCRIPTION: (CCP 134)
APE R ~1 Atl E NT E AS E t1 UI TAN D RIG H T - 0 F -11 A Y 0 V E R. A C R 0 S SAN D
THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND, TO-WIT:
T HAT P 0 R T ION 0 F THE SOU T II \,1 EST 0 'I E - 0 U A R TE R 0 F THE NOR T H -
EAST ONE-OUARTER AND THE NORTHWEST ONE-OUARTER OF THE
SOUTHEAST 'ONE-QUARTER OF SECTIO'l 22. TOlillSHIP 3 SOUTH.
RANGE 69 WEST OF THE SIXTH rRINCIPAL MERIDIAN. WHICH
BEGINS AT A POINT 303.0 FEET SOUTH OF THE SOUTH LINE OF
THE COUNTY ROAD KNOWN AS WEST 44TH AVENUE (FORMERLY
JEFFERSON AVENUE) AT A POINT 508.2 FEET EAST OF THE WEST
LINE OF SAID SOUTfHJEST ONE-QUARTER OF THE NORTIIEAST ONE-
~UARTER. THE POINT OF BEGINNING; THENCE SOUTH AND PARALLEL
WITH ~1 EST L Ul E 0 F S A IDS 0 U T H HE S TON E - QUA R T E R 0 F THE
NORTHEAST ONE-QUARTER MD THE tIORnl~JEST ONE-QUARTER OF
TilE SOUTHEAST ONE-QUARTER A DISTMCE OF 1029.4 FEET TO
A POINT; IN THE CENTERLINE CHAH~EL OF CLEAR CREEK AS OF
FEBRUARY 29.1964; THENCE LEFT 93036' ALONG SAID CENTER-
LINE CHANNEL 220 FEET TO A POINT; TIIENCE LEFT 44000' ALO;lG
SAID CENTERLINE CHANNEL 193 FEET TO A POINT; THENCE LEFT
8015' ALOtlG SAID CENTERLINE CHA'ltlEL 236 FEET t~ORE OR LESS.
TO A POINT WHICH IS THE SOUTHHEST CORNER OF LOT 28, CREST-
V IE vi PAR K S U f3 J) I V I S ION, ARE COR DE D P L AT; TilE n C E rI 0 R T H 4 0 20 '
EAST ALONG THE WESTERLY LINE OF SAID CRESTVIEW PARK
SUBDIVISION 472 FEET TO A POINT; THENCE NORTH 21017' EAST
ALONG THE WESTERLY LINE OF SAID SUBDIVISION 354.2 FEET TO
THE NORTHWEST CORNER OF LOT 34, CRESTVIEW PARK SUBDIVISION,
WHICH CORNER IS ON TilE SOUTHERLY LINE OF WEST 44TH AVENUE;
THE N C E NOR T H 52 0 1 4' 11 EST A L 0 ~l G S A IDS 0 U THE I{l Y LI N E 2 5 . 5
FEET TO A POINT; THENCE WESTERLY ALONG THE SOUTHERLY LINE
OF WEST 44TH AVENUE 35.8 FEET TO A POINT; THENCE SOUTH
21017' WEST 301.7 FEET TO A POINT; THE~CE NORTH 74044'
WEST 245.8 FEET TO A POINT~ THENCE NORTH 81054' WEST 221.8
FEET TO POINT OF BEGINNING; CONTAINING IN ALL 10.294 ACRES
t~ORE OR LESS. (SCHEDULE A OF BOOK 2349 AT PAGE 384 OFFICIAL
RECORDS OF JEFFERSON COUNTY. COLORADO)
ALSO. BEGINNING AT THE NORTHERLY END OF THE COURSE. SOUTH
21017' vlEST 301.7 FEET. AS DESCRIBED IN SCHEDULE A OF
BOOK 2349 AT PAGE 384 OF SAID RECORDS; THENCE souTH 210
17' WEST ALONG SAID COURSE J\ DISTANCE OF 301.7 FEET; THENCE
NORTH 74044' I.JEST A DISTANCE OF 65.37 FEET; THEIlCE NORTH
21017' EAST A DISTANCE OF 308.61 FEET TO A POINT ON THE SOUTHERLY
LINE OF WEST 44TH AVENUE AS DESCRIBED IN BOOK 372 AT PAGE 35
OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY. COLORADO;
TIIENCE SOUTH 68040' EAST ALONG THE SOUTHERLY LINE OF WEST
44TH AVENUE AS DESCRIBED IN SAID BOOK 312 AT PAGE 35 A
DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING.
EXHIBIT A CO~~INUED
EXCEPT EASEMENTS RECORDED IN BOOK 317 AT PAGE 215 AND
, 219 AND IN BOOK 1814 AT PAGE 663.
"
SUBJECT TO RIGIITS OF HAY FOR DlTC11ES, PUflLIC ROADS IHlD RIGHTS
OF \,JAY.
SAID EASEMENT AND RIGHT OF WAY BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 503.2
FEET OF THE SOUTHEAST ONE-QUARTER OF SECTION 22, TOWNSHIP 3
SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. WHICH
IS 647.84 FEET SOUTH OF THE EAST-WEST CENTERLINE OF SAID
SECTION 22. ALSO BEING A POINT OF THE SOUTHERLY RIGHT-OF-WAY
LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS RECORDED
IN BOOK 1814 AT PAGE 663 IN THE OFFICE OF THE CLERK AND
RECORDER OF JEFFERSON COUNTY, COLORADO; THENCE ALONG SAID
SOUTHERLY LINE NORnj 86028'00' EAST A DISTMlCE OF 250.17
FEET; THENCE CONTINUING ALONG SAID LINE THE FOLLOWING
THREE COURSES: (1) NORTH 21('30'00" EAST A DISTANCE OF
443 . 91 FE ET; (2) NOR T II 02052' 00" E AS TAD 1 S T AN CEO F 341. 35
FEET; (3) NORTH 2()054'OO" EI\ST A DISTNlCE OF 250.76 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-\lAY LINE OF WEST 44TH
AVENUE; THErjCE ALONG SAID SOUTHERLY RIGHT-OF-l,jAY LINE SOUTH
68040 '00" EAST A DISTMlCE OF B.95 FEET; THENCE SOUTH 20045'
12" l-JEST A DISTANCE OF 255.01 FEET; THENCE SOUTH 02050'27"
\1 EST A D 1ST A N CEO F 338 . 5 6 FEE T; T H UI C [ SOU T II 2 1 0 2 5 I 37" \J EST
A DISTANCE OF 450.98 FEET; THEnCE SOUTH 86021 '47" I-JEST A
DISTANCE OF 255.86 FEET TO A POINT ON THE EAST LINE OF THE
WEST 508.2 FEET OF THE SOUTHEAST ONE-QUARTlR OF SECTION 22;
THE N C E NOR THO 0 0 0 /I ' 0 0" \~ EST AD! STAN CEO F 1 2 . 2 8 FEET TOT H E
POINT OF BEGINNING; CONTAINING 0.2795 ACRES MORE OR LESS.
REVISEO: APRIL S. 1983