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EASE- ,
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Et'\SEm~NT FOR CONSTRllCTIO~ AND ~lAINTENANCE OF SEm:l~ LINES
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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;
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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 -
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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.
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(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~
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By ,"'//"" ,c:',
Il1(i vi (J'f (;',r
"
County of
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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:
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Nota'r'y Public
Busi,ness /l.dg,ress.: /,,:,' ,
7S-(-C' U'" :;J "',d n~'"
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_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
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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
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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
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-" {,t/;, /(_ ,~ ...- '" '7 -
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-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.
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