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1933 JurI I 3 PM 12= 34
'JEFFtRSOI! COmITY, C~~{;f(ADO
!o;^S~~."I~~~':!::r~IOR ~_CON~TRllCTION AND rolAIW!O[:l~IANg~C2!:~_SE\~E:R LINES
THIS INDENTUR8, Made this
I -f' , 19 S~3, bet,oleen
.1 ftV\.. ~ __
II
/.,~
S day of
The (' i ;-~7 of lihBa t Ridcre
of the County of ,"'~ffe.,.."'''n , of the State of
Colorado, party of the first part; and the METROPOLITAN
{DENVER SElvAGE DISPOSAL DISTRICT NO.1, a met ropol i tan sewage
disposal district, duly organized under the laws of the State
8 or Colorado, party or the second part;
l~~~~
~~Q WITNESSETH:
~~~ That for and in consideration of the sum of Ten
d'~~~ dollars and other consideration, cash in hand paid, the
receipt or which is hereby acknowledged, parties of the first
~~~
~ part have this day bargained and sold and by these presents
w~ bargain and sell and convey and transfer and deliver unto the
party of the second part a permanen~ easement and
~ right-of-way, including the p~rpetual 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 ror 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, und~rgrowth 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
Sounty of 1c:f...Eerc;;on' State
across and through a strip of land
The easement
located in the
or Colocado, 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 laHful claims of all
persons whomsoever.
The party of the first part further grants to the
second p.:irty:
(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 5h211 occasion the least practical damage and
i nconveni ence to the f i n;t paLty.
Second party herehy 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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CCP-17J
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~ASF::i~0'JT ~~~CONST!~lJCTION AND t'IA 1 NTt:NA~_c.:S OF SE\'iE~~~~NES
THIS INDENTURE, Made thIS
I
I",!'" 19:>:1, betlveen
-/'
,f t; day of
The rit-y nf Whp~t
Ridqe
of the County of 10ff,c>rs"n , of the State of
Colorado, party of the first part; and the METROPOLITAN
DENVER SEWAGE DISPOSAL DISTRICT NO.1, a n.etropolitan 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 conveyiny sewage
and other fluids over, across, through and undcr the lands
hereinafter described, together with the right to excavate
and refill ditches and/or trenches for the location of said
pipelincs 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 Jeffpyc;nn' 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 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.
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CCP-173
CCP-173
(b) Second party shall i ndemni fy first party
against any loss or damage which shall be caused by the
cxercise of said ingress and egress or by any wrongful or
negligent act or omission of the second party or of its
agcnts 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.
By
/ .....1' ,...' ."
,./ ,.j ; i " .r'
-- (,1-.-'_1 t.' tJ,.- '-- _f
m"("'(17t:'''~
PARTY OF THE FIRST PART:
CITY OF ~AT RIDGE: ./
V A'-J?- -IAz7;_~ I
Frank Stites, Mayor,
ATTEST: ~
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~an~'~~'
APP
/
PARTY OF THE SECOND PART:
METROPOLITAN DENVER SEWAGE
DISPOSAL DISTRICT NO. 1
ACKNOWLEDGEMENTS
STATE OF COLORADO
County of ....yrY-\lt'7L)
, '. The fore 9i~g Eas;~ent was ~owledgeC)9:el~re
thIS j;zj;Ldgy of ~l' 19L.;L, by c;./,,'>'J.c7;0/ ..,;J...<cuv--
/'. // / /, .. ,j" '11. i dL
,';-' "'91- i7-b' {I., .
ss.
me
, /
WITNESS my hand and offic1al seal.
1 0 1(\'~
My Commission Expires FCJn;3ry .0, /
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C- ~~"""".,/...I::. c- \. . t- (' Ie .-;l J. ~
Not~y Pl:rblic
BusinesE; 1';,ddress):. ,C
-; S r;' 4' t C '-~ c; i{L en.
) / ' {, A'.P d At' ~.. - c
.. c . f~f- C 0- (/ /
)ss.
)
My commission expires:
STATE OF COLORADO
COUNTY OF ADAto1S
-1~ The fore9oing Easem~~t was acknowledged beforfe ~e
this ;1' day of ,)t,.....<<- , 19~, by Jack B. Enger 0 t e
Metropolitan Denver Sewage Disposal District No.1.
WITNESS my hand and official seal.
My commission expires:
80203
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EXHIBIT A
CCP-173
A permanent easement and right-of-way over, across and through the
followi?9 described tract of land, to-wit:
That part of the \\est ~ of Section 21, Township 3 South,
Range 69 West, Jefferson Co~nty, Colorado that is described
as commencing a.t the \\'est \ corner of said Section 21;
thence S 89036' E along the East West Centerline of said
Section 21, 463.0 feet' to the true point of heginninq; thence
North 187.62 feet to a point that is 435.0 feet South of the
Centerline of West 44th Avenue; thence S 89009' E which is
parallel with the center line of ~est 44th Avenue 197.00
feet; th~nce South C)83.28 feet to a point which is 530.0
feet North of the South line of the ~W~ SW~ of said Section
21 as descrihed in Book 887 at Page 146;thencc S 81021' W
199.27 feet along the North line of tract described in Book
SB7 at Paqe 146; thence North 878.58 feet to the point of
beginning.
ALSO
Tha.t part of. the \,rest ':i of Section 21, Tm.:nship 3 South, Range
69 h'est, Jeffct:"so:1 County, Colorado, that is described as
commencing at the ~'lest !:; corner of said Section 21; thence
S 89036' E along the East West Centerline of said Section
21, 226.6 feet to the true point of beginning; thence North
131.11 feet to a point on the North Bank of the Lee Baugh
Ditch; thence N 9no~1' E alony the North line of said Lee
an0 Baugh nitch 216.40 feet; thence South 982.65 feet to a
point that is 4RO.00 feet North of the South line of the
N\',~ S.'l':: of said Section 21; thencp- :-J 89047' H 2.16.40 feet;
thence 84Q.34 feet to the true point of heqinnins.
County of Jeffc"5on
State of C010ra~o
~xcept roads ~n~ ditches.
EXHIBIT :Po
CCP-173
Said p2rmanent easenent and right-of-way being 10 feet in width and
lying between 10 feet and 20 feet to the right of and southeasterly
from the followinq descrihed centerline:
Beginning at a point on the East line of the West 226.6 feet of
the N\'i'4 Sh'\ of Section 21, Tmmship 3 South, Range 69 \.;est of the
6th Principal Meridian, County of Jefferson, State of Colorado,
which point is 717.9 feet South of the East-West centerline of
said Section 21; thence Southeasterly on a linc forming an angle
of 91026' with said East line, a distance of 75.8 fcet to a point;
thence deflecting left 19005' on a line, a distance of 375.30 fcet,
nore or less, to a point on the East line of the ~est 660 feet of
said ~W\ Sw\ of Section 21, which point is 607.6 feet South of the
EClst-I'Jest centerline of said Section 21. Containing 0.065 acres,
more or less.
CCP-173
LEASE
Colorado,
bebveen
TH~S L~SE, executeq in duplicate at Denver,
thls~day of ..../"/""'- ,19,)3, by and
The City of Wheat Ridqe ----
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, 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 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
Seventy-f~~nnL100------------~~-----________~;oollars
($ 75.00 ) 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 Seventy-five &
No/IOO-----..Dollars ($ 75.00 ) per month, payable at the
end of each month or fraction thereof.
It lS 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 neurly as possible, restore the same premises to
it_s original condition less any trees or bushes that have
been removed.
4. The lessee shall indemnify and Silve the lessor
hilrmless 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-173
title to said premises and that the lessee shall peaceah1y
and quietly hol~, enjoy and occupy said premises during said
term ,'Iithout any hinc1r,lncc, interruption, ejection or
molestiition by lessor or by any other person or persons
WhO'lsoevcr.
6. The lessor shall indemnify and save the lessee
harmless from and against any loss, damage and liability
occasioned by, gro',ving 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:
, ce ~ \:\/-
C/i:y Attor~
~
~/W, ~;;T;:7C- ~
Frank Stites, Mayor ~
A'T''1:'P.S'l'' . l' '
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Wdn ng, Cl tY' erk //
J
LESSEE
METROPOLITAN DENVER SEVIAGE
DISPOSAL DISTRICT NO. 1
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EXI!IBIT A
CCP-173
A temporary construction easement and right-of-way lying between 10
feet and 30 feet to the left of and northwesterly from and lying
between 20 feet and 50 feet to the right of and southeasterly from
the following described centerline:
Beginning at a point on the East line of the West 226.6 feet of
the NW\ SW~ of section 21, Township 3 South, Range 69 West of
the 6th Principa~ Meridian, County of Jefferson, state of Colorado,
which point is 717.9 feet South of the East-West centerline of said
Section 21; thence Southeasterly on a line forming an angle of 910
26' with said East line, a distance of 75.8 feet to a point; thence
deflecting left 19005' on a line, a distance of 375.30 feel, more or
less, to a point on the East line of the West 660 feet of sa~d NW\
SW~ of Section 21, whlch point is 607.6 feet South of the East-West
centerline of said Section 2l. Containing 0.324 acres, mace O~ less.
Said temporary const~uction easement and right-of-way excludes existing
bUllding and mature trees.