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HomeMy WebLinkAbout0099 C; 'j C S 3 LtG ~ CCP-169 EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES ) I.-i vf .:,: nns INDENTURE, Made , 19S3, bet\oJeen -".-- -74 this ~~day of ~hO ~iry of wheat ninqe of the County of ,Tpffprson' of the State of Colorado, party of the first part; and the METROPOLITAN DENVER SElvAGE DISPOSAL DISTRICT NO. I, a met ropoli 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 interfering with the location, construction and maintenance of said pipelines and/or mains, manholes and appurtenances. and right-of-way hereby granted is County of ~pff0r~on ,State across and through a strip of land The easement located in the of Colorado, and is over 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 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 clailos 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 means of roads and lanes thereon if such there be; otherwise by such route or routes as shC'll 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- I _ IWHEAT' f RlDGE ~E~~ ' -.331 -' CCP-169 (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 intertere 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: PARTY OF THE FIRST PART: CITY OF W T RIDGE By : ! ~ .' I I -} t hi ,./ ,,/ J (J- ,,- , I I I j METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 , , ACKNOWLEDGEMENTS STATE OF COLORADO I ss. County of >.j,.i/A: 'Z.C/'?l.--' , , I , . ,.' The fore9?~ng Ease~5'nt was y<::~n0wle<;lged,bEl,:fore me thl s ,(0 !iday ~f ~: (i~.' . 19,~ .) , '. by Co L~ld' 10<' > j:/ c..'lj , ' l<'(' t L (J II...:,,--L .....~' ; LC;/ , , WITNESS my hand and officialVseal. STATE OF COLORADO / ______. l..- e "," ;;.{.~-\ '-' A,:"....., l ':. Ndi:aSY' publ i'C--- Busines.s ~9d~e~~1 ~ _- 7.;)'0.."" It" ,j, c/l/l C 7;t ' ) !( '!:.":J.,k7 jt.) ic<:j?..c L.:t" )ss. (/ ) My commission expires: COUNTY OF ADANS ~ The foregoing Easemept was acknowledged before me this s- day of./"",; , 191:.1', by Jack B. Enger of the Metropolitan Denver Sewage Disposal District No.1. WITNESS my hand and official seal. Ny commission expires: March 10, 1986 " .. /' 4 ~ "'/ --~c- /' /f?'''-- /7~ Notary P~C~ ff /' .~usiness Address'~ - 1900 Grant Street Suite 710 Denver, CO 80203 -2- Exhibit A CCP-169 1\ permanent casement i1l1c! riqht-of-way o':er, across Clnd throU<Jh the follrn~inq ctcscrihcct tract of land, to-wit: That part of the FJ.., of t~c \V~ of S,,"ctiOJ: 2], Township 3 South, rZanc:e f)Cl I.'cst of the Gth p.r1., City of I'Jheat Ridqe, Jcff"rson County, Colorarlo, descrihed as hC<J.!.nning at the South"lest cor- ner of Lot 4 of Pleasanr_ Office Park Suhdiv.!.510n as pE~r Plat of recorrl of that !1i'lr.le in thC' Jcffcorson County Clerk ane' Re- r;ord<:r's offir'(' j'1 (;01rlen, ('olora(~o, run!:in'-l thence S 00004'36" \>Jest aIonq the "Jorth-South centerl::.ne of the \>J'> of said Section AQ1.64 feet, more or less, to the ~orthwest corner of that tract of 1an~ rlcscriherl in decree, dated June 24, 1966 and reconied June 2<1, lq66 in Rook 1880 at_ Pac.;e ')18 of the Jefferson County recorrls; thencf, N 840j()'45" F: (alo;g the Uortherly line of the [Jro~)erty oeser iheo in said decree,) 311 feet, more or les~, to a point that lies 309.6 feet Rast and 447.8 feet South of the Northwest corner of the ~E~ SW~ of Sectlon 21, Township 1 South, qange 69 West (Book lRR() at Page SIR, erroneously gives this dimension as 4Q7.4 feet); thence N nnon4'1~n E parallel with the aforesaid Nortll-South center- line of the W~ of sai~ Section 21 a distance of 475.4 feet, nore or less, to the Southeast corner of the aforesaid Lot 4, Pleasant Office Park Subciivision; th~nce West along the South line of sai~ Lot 109.6 feet, ~ore or less, to its Southwc'st corner at the point of h,,"ginnin,!. County of JeEferson State of Colorado J:xcept ro.:tds ann ditches. Said p~rmanent ease~pnt an~ right-of-way beinq 30 feet in width and lyino 20 feet to the left of and 10 feet to the right of the following described centerline: fI"qinninn at i\ point. O!l th(> west liD" of BA~ !!J';H;WrS SlJBDIVISION, h'ir.<1 ,1 parl of thE" 'H::.1, SI'i~ and the SF;" NI';':; of Section 21, Town- ship 1 SOllth, Ranqe 6') I,Jest of the nth Principal r,1eridian, County of Jcffprson, State Of' Colorado, 1-lhich is 361.5 feet south of the E.1Sl-h'o:-;t centerline of said Scctio:1 21; thence Southwesterly on ~ line for~inq dn angle of 95044' wLth said west line, a distance of 2n~,.1 f(~(,t to a noint; thence de:lectir.q right 5004'30" on a line, ~ ~istancc of 31.7 jcet, more or less, to a point on the west line q[ tlw 'Jr:'. SI;"; of Si,tiri section 21, 'dhH.:h 1S 391.1 feet south of lh0 ~ast-~pst ~entcrlinc of said Se~tlon 2L. Containing 0.070 acr-C'C), norp or less. Sllhject tu w...istinrJ easement as described .!.n Book 1766 at Page 68. CCP-169 LEASE T!I~S I:..:fzSE, execut8jd in duplicate a 1:- ~enver, COlorado,thls~aay of ',Jt...( 1/1 ('" , 192{""), by and bet\'leen ---Tl1.e-Ci t-y of HbpClt-Ri d'lL and METROPOLITAN DENVER SEWAGE 6ISPOSAL DISTRICT NO. I, hereinafter called respectively lessor and lessee, without regard to number or gender. WITNESSETH: That lessor hereby leases to lessee, for the purpose of storing materials, supplies excavated materials and equipment and for such other purposes as the lessee deems necessary in conjunction \'lith the construction of the connecting se\'ler lines, and for no other purpose, those certain premises situated in Jefferson County, State of Colorado, and more particulary described as follows, to-wit: See attached Exhibit A The term shall be for 3 consecutive months during the calendar year 1983 or 1984 at a rate of Two Hundred Twenty-and 80/100---------------------Dollars ($ 220.80 ) per month, or portion thereof, which the lessee agrees to pay to lessor in advance of use or occupancy. The lessee shall give lessor at least ten (10) days notice before occupancy begins. In the event Lessee holds over and uses said property beyond the 3 months base period, then lessee shall pay for each month or fraction thereof beyond said base period the sum of 'T'wo Hllndn~o twenty&80/100 Dollars ($ 220.80 ) per month, payable at the end-or-each month or fraction thereof. 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 least 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 agrees to warrant and defend the -1- CCP-169 title to said premises and that the lessee shall peaceably and quietly hold. enjoy and occupy said premises during said term without any hindrance, interruption. ejection or molestation by lessor or by 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, 8. This lease and all the covenants , 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: APPROVED AS TO FORM: ~ ~ftJ~4~ Frank Stites, Mayor ~ I ATT"'~ , / / . : ~~ / r / ,:0ht2-/,{/i /\ "~ wanda Sang, eity C rk , . y Attorney LESSEE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 " .... 11,':',-//""/"') :,-:;t",. ,r;/ ,.... 1.... 1Y/"" - - 117 ~YI C' J f'r -2- EXHIBIT J.. CCP-IG9 :1 t01'l[-'OIJl"Y construction ~aS(Tl('nt anc1 ri4ht.-Cl~-way lyinq bet.\'Jccn ')() [Cl.t and SO fept to th" left of and ly~nq h('t\'JPcn 10 feet ane If) [(,(.t Lo the rlllht of the [011m"1n<1 G~scriheri cf~ntcrlin(': [\(OU1:1n1nq at d point on thp wpst line of BAR fH':J(;!I'T'S Sl B!)lVJSFJ'J, hr:ino i\ part of th<' ';f'l. S\'il, and tf", SF':-- ,\\,}'. of Section 21, Tm.;n- ,;rut' 1 SO:lth, r~iln'le ill) h'('st. of the 6t.h Pr-incipal ;-lcridi'lll, :ollnty ut .lefherson, Stdh~ OF Colorado, ,,;hich is 361.5 ["et s')ljlh of the ['ilSt -i\est cr'nter 1 i[1\' of sail! Sect '-011 21; lnCllc:e SOlltrl\oJester ly on d .}In.C' forr:lnq an annLc o( C)~cl441 '..Lth Su.l\.~ \'.'t,>st- linc~, a dl~~t.anc;: n[ 7?11. 3 [cpt to d point; thr',:ce (~efl('ctl!:C: riqht. 5004'30" on a l~nl:, ,j ,1istClnC',' of 11.7 feet, n\0"-e or loss, tr. .1 !-,uint on the ""est l1:1<, (.l~ tll.'" NF':; Sh~ of s:~~6 ~f.'ctioll 21, '.oJinch J:i 400.4 feet sfluth or tht> f'~~;t-\vcst. Ct"ntC'''-llrlf', of sClic! Sectiun 2J. ('ont...lirllnq 0.363 <lC r."s I Plore or .lt~ss.. S'.lhl,'ct to p:.istin" E'ilst'l'lent: as dt'scriL;::c In fl,,')f: 1.7fi6 ell. Paqe 6B.