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HomeMy WebLinkAbout0100 L.L.l'-.L/U .-;-- 83053'*04 ~ \j &c~/'71aA./ .,a: .-/' \}I [:3 JJ:1 13 f'j 12 34 '~~'I f.Iv:HEA1\\ RIDGE . EASE- , tlENT 1;~;;:'- r'j C -'il!li" -. '.)'1 \.._.. L ....'.;11 ..,:, \;1 .J~v.\.w, u Et'\SEm~NT FOR CONSTRllCTIO~ AND ~lAINTENANCE OF SEm:l~ LINES L; '- THIS INDENTURE, Made M L-' 19 2j-J, bet\oleen this The , .-; [i j' - day of City of '"heat Ridge --- of tl1E' ___County of_>I.e.ffersQ.lL-_' of the State of Colorado, party of the first part; and the METROPOLITAN ill~ D~NVER. SE\v~GE ~ISPOSAL DISTRI~T NO.1, a met ropoli tan sewage ~ dIsposal dIstrIct, duly organIzed under the laws of the State ~ ~; of Colorado, party of the second part; .8 .-:::) c . (l> ~'~ 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, undergro\olth and other obstructions interfering 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 ,Tefferson , 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 \oIhomsoever. 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 lhen:.~on if such there be; otherwise by sllch route or routes as shall 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 - ~3C' s ~ Lt elf EASENENT FOR CONSTRUCTION AND MAINTENANCE OF' SEhTER LINES TillS INDENTURE, Made this )tl >'1 <: 19 ~~ 1 between The ct,~ () - day of City of h'heat Ridge of the County of ,Jeffprson , of the State of Colorado, party of the first part; and the METROPOLITAN DENVER 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; 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, acrossl 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 ~fp.rson , 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 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 means of roads and lanes thereon if such there be; otherwise by such route or routes as shall 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-17 0 ",r'" A' "\ ("WH1i.'\'" . .Rm~.'Y'J' f,,\SE : !>'\EN'!' \LQt '''"-' CCP-l70 (b) Second party shall indemnify first party ag~inst any loss or damage which shall be caused by the exercise oE said ingress and egress at:' by any wrongful at:' neglleJent act or omission of the second party or of its agents at:' 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 parly's full enjoyment of the rights hereby gt:'anted; provided that the first party shall not erect ot:' construct any building or othct:' stt:'ucture or drill or operate any well or remove any soil, sand or gravel in said strip or diminish Ot:' substantially add to the gt:'ound 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 PARTY OF THE FIRST PART: CITY OF ~T RIDGE: ~.{ t?""..h A:::T:'"L~ / Frank Stites, Mayo~ / , By ,"'//"" ,c:', Il1(i vi (J'f (;',r " County of 'J /~/. /: "lALIF /L..--- , / ss. ACKNOWLEDGEMENTS STATE OF COLORADO / f qing Easement was )c~owledged 4; , 19 J l, by -::'z.c'? leA. /. . Lt; geJ.o~ me ~~ & -(2_ WITNESS my hand and official seal. My commission expires: ,/--/ J /' c:-',7?tG~ c_~ \ ^ __ ,/, ,'/,<_<,_ Nota'r'y Public Busi,ness /l.dg,ress.: /,,:,' , 7S-(-C' U'" :;J "',d n~'" / 1 / ',//, . /~ ) t.iJ/CvC!:(' (/./""7'"" C j// )ss. ) f,' ro .- _vJY ",ommISS!CiJ !...x~ -y- Ft'~r;:2ry IR, 19RIj, STATE OF COLORADO COUNTY OF ADAMS j,; The forEjgoi ng Easeme.nt was acknowledged before me this J 'day of.,j'/;-H:. , 19,.f3, by Jack B. Enger of the Metropolitan Denver Sewage Disposal District No.1. WITNESS my hand and official seal. My commission expires: ~1ar~ 10, 1986 , ~: ~:)[~ N91:Clry Pu _ i c .f7 Ausiness Addt:'ess: 1900 Grant Street Suite 710 Denver, CO 80203 -2- .! EXHIBIT A CCP-170 A permanent easement and right-oE-way over, across and through the following described tract of land, to-wit: ~hat portion of the NW~ SWk of Sectibn 21, ~ownship 3 South, Range 69 West of the 6th P.M. falling within the following described truct: Beginning at a point on the East line of the SW\ NW\ of sairl Section 21 from which the Southeast corner of the SW\ ~W~ of said Section 2J hear.s S 0012' F. a distance of 250.6~ feet; thence N 89043' W a distance of 207.]4 feet to a point 252.33 feet Nor th of the SOil th line of the SI'J~ N\';~, of Sil iel Sec tion 21; thence N nOlR.5' W parallel to the Nest line of the NW~ of said Section 21 a di~tance of 90 feet; thRnce N 8g0~3t W a distance of 343.73 feet to a point on the East lin'" of t1wt tract cescrihec1, in Boo}: 2181 at Pa(!e 3SG of the Official Records Jefferson County, Coloraco, said point being 345.1~ feet North of the South line of the NW~ of said Section 21; thence Southerly alonq the F.asterlv line oE said tract described in Bo;k 21Bi at Page 386"a distance n[ 345.12 feet to thf' South line of th~ i':\';~ of saH~ Section 21; thenc'2 continuing Southerly along the 8asterly line of said tract descrihed i~ Book 2181 at Page 386 a distance of 423.71 feet to a point 241.15 feet ~orth of the South l~ne of the Nl:! NW, S\'l\ of said Section 21; thence Easterly parallel to the South line of the N~ NW~ sw~ of said Section 21 a distance of 551.46 feet to the East line of the ~W~ SW~ of said Section 21; thence ~ortherly along the East line of the ~W~ SW~ of sairl Section 21 a distilnce of 422.82 feet to the Northeast corner of the NW~ SW~ of said Section 21; thence Northerly along the East line of the SW~ NW~ of said Section 21 a distance of 25n.~4 feet to point of heqinninq. County of Jefferson State of Colorado Except ro~~s an~ ditches. Salc1 !Jprli1<lnent eaSf'l'lpnt ann riqltt-of-\'lay lyincr het\'leen 10 feet and 2n feet to the right of and southeasterly frorl the following described ccnlp!-l ine: Reqinniny at a point on the cast line of the west 770 fcet of the ~:\'!':i 51']', of Sf~ction 71, To\.;nsh5.i:.l 3 Sout.h, ~cFhJe 69 ~"'est of the 6th Pt:incipcJl ~let:lc1i;J.n, ('O!lnt." of Jcffc;,son, Stclte of Colorar1c), '..:hich is 573 feet south of thr F:asL-\';c~c;t ccnterLLrlC oE :~Clic1 Sccl.i.('1i 21; t!IC!lCI.~ "JorLh(~dst(~rly on Cl line fo,:-\in<J u;, anql(' of 72025' h'ith the saL~ cast llnc of t~c trdct, a Jist~ncc of 4.7 feet to a pojnt; thence anqlc Ipft 7502(,' 0:1 u lirc~, a distance oE 216.75 EXHIBIT A CCP-170 feet to the True Point of Beginning; thence continuing on last said course, a distance of 4~.85 feet to a point; thence angle right 43002' on a line, a distance of 358.0 feet, more or less, to a point on the east line of the said NW~ SW~ of said Section 21 which is 191.1 feet south of the East-W~st centerline of said Section 21. Containing O.08? acres, more or less. CCP-170 LEASE Colorado, between THIS 1,aSE, executfd in duplicate at Denver, this~day of \.J'/ n i:"' ' 196":3 , by and The City of Wheat Ridge and METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. I, hereinafter called respectively lessor and lessee, without regard to number or gender. WITNESSETH: ~~at 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 with the construction of the connecting sewer lines, andfor no other purpose, those certain premises situated in ,Jprrpr~nn County, State of Colorado, and more particulary described as follows, to-wit: See attached Exhibit A ]"Ie term shall be for 3 consecutive months during the calendar year 1983 or-r984 at a rate of Sixty-seven & no/lOO-----------------------------Dollars ($ 67.00 ) per month, or 'portion thereof, which the lessee agrees to pay to lessor ln 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 Sixty-seven & no/100----- Dollars ($ 67.00 ) per month, payable at the end of 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. 'fhe 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-l/V 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: ~ ~?JAI~d~- Frank Stites, Mayor ATT:_?:Yd/.'~~"~ __ S ~(:/ <74-1 Wanda Sang, City Clerk J : ; C' C LESSEE METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 , y' v ,:: -" {,t/;, /(_ ,~ ...- '" '7 - /)1u !'i<-I'7 ~'r -2- EXHIBIT A CCP-170 A temporary construction easement and right of way over, across and through the followina described tract of land, to-wit: That portion of the NW~ SW~ of Section 21, Township 3 South, Range 69 West of the 6th P.M. falling within the following descrihed tract: Beginning at a point on the East line of the SW~ NW~ of said Sectlon 21 from which the Southeast corner of the SW~ NW~ of said Section 21 bears S 0012' E a distance of 250.6n feet; thence N 8004)' W a distance oE 207.1~ Eeet'to a point 252.33 feet North of the South line of the SW~ ~W~ of said Sectlon 21; thence N 0018.5' W parallel to the WesL line of the NW~ of said Section 21- a distance of 90 feet; thence N 89043' \~ a distance of 343.73 feet to a point on the East line o[ that tract descrihed in Book 2]8] at Paqe 386 of the Official Yl.ecords Jefferson Connty, Colorado, said point being 345.12 feet North of the South line of the NW~ of said section 21; thence Southerly along the Easterly line of said tract described in Book 2181 at Page 386 a distance of 345.12 feet to the South line of the N\':;, of said Sccti,on 2] i thence continuing Southerly along the Easterly line of said tract c1cscrihed in Book 2181 at PaCje 386 a distance of 423.71 feet to a point 241.15 feet North of the South line of the N~ NW~ SW~ of said Section 21; thence Easterly parallel to the South line of the N~ N\"~ SI-;\;: of:' saul Sect.l.on 21 a distance of 551.46 feet to the East line of the NW~ SW~ of said Section 21; thence Northerly along the East line of the NW~ SW~ of said Section 21 a djstanc~ of 422.82 feet to the Northeast corner of the ~W~ SW~ of said Section 21; thence Northerly alonq t~c East line of the SW~ NW~ of said Section 21 a distance of 250.64 feet to point of heginninq. rOllnty of Jefferson State of Colorado Said temporary constJ:uction easem<:,nt an(l 1.'lght-of-\vay belng [1\oJ:e ?articularly descrihed as lYlng hetween 10 feet and 30 feet to the left of and no'-thlveste:clv fyo~\ the follo'-;inq cl.escrihec1 cen.terline <11:(1 J",inq hetl'lE~en 20 fccOt to the riqht 0':: thp fol101'lirl-1 described centerline and the sOilth 1.1.ne of the tr2.ct of land he1.'ctofore d0scriher1: Said c(.~nt('rline hein(l marc jJi1rtiC:C:Larly c1cscribc(1 as follOl"s: B,-,rJinnlnq at C\ point on the Cilst l.:.'Oc-, of the \-!c:;L 770 feet of thp Nh'\ S\v~ of Section 211 To\..n~h2-;J 3 ~~odth, !<.an\;l~ 6~' \';cst ot the nth l'rlncil.nJ r'lcridtc.n, Count\' of Jc[[c!~son, ~,tale of Colorado, \Vhic!l is r,,7J feet south' of the P.a."t'-\'iC~.;t centerline of sa1.c1 Section ~l; thc;Jce ";orth~c.stcr1 v on a LillI.' forming an rl.nqJc of 72()).') , I.nth the Send e2:';':: line-ot th" tract, a distance , '. EXHIBIT A CCP-170 of 4.7 feet to a point; thence angle left 25026' on a line, a nistance of 216.75 feet to the True Point of Beginnin~; thence continuinq on last sald course, a rlistance of 44.85 feet to a point; thence angle right 43002' on a line, a rlistance of 358.0 feet, more or less, to a point on the east line of said NW~ SW~ of said Section 21 which is 391.1 feet south of the ~ast-West centerline of said Section 21. Contalning 0.279 acres, more or less. ~