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HomeMy WebLinkAbout0101 ~ ---- &CV?//"-<J J ~ 4 05 ~~ \ t' 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. -1 - CCP-17J 1/>( ---- ZS 3(; ~Sltv) ~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. -1- 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: ~ I' i \ :;;); ! ~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, / / -~, . L''/ 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 -2- 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 -1- 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' ' <~~/ " ~ a;-A /{ // ,/J~Jv' -, <,< ,c '1 Wdn ng, Cl tY' erk // J LESSEE METROPOLITAN DENVER SEVIAGE DISPOSAL DISTRICT NO. 1 . < !.' ,t i LL/~/" ",i_~t I" . ,- - J ;1/ I .,,/ / (1~-t(l7f:"'''' -2- . 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.