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8 J UTrj~S CCP-18rand
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SF~JER LINES
THIS INDENTURE made this 19th day of July , 19~, between
ADOLPH COORS COMPANY, a Colorado corporation, County of Jefferson, State
of Colorado, hereinafter called "Coors"; and the METROPOLITAN DENVER
SEWAGE DISPOSAL DISTRICT NO.1, a metropolitan sewage disposal district,
duly organized under the laws of the State of Colorado, hereinafter
called "District";
WITNESSETH:
That for and in consiGeration of the su~ of Ten Dollars and other
consideration, cash in hand paid, the receipt of which is hereby acknowl-
edged, Coors hereby grants unto the District a ten (10) foot permanent
nonexclusive easement and right-of-way, including the perpetual right to
enter upon the real estate hereinafter described at any time reasonably
necessary to construct, maintain service and repair an underground
pipeline or main for the purpose of conveying sewage under the lands
hereinafter described, together with the right to excavate and refill
ditches and/or trenches for the location of said pipeline or main and
the further right to remove trees, bushes and undergrowth interfering
with the location, construction and maintenance of said pipeline or
main, manholes and underground appurtenances.
The easement and right-of-way hereby granted is located in the
County of Jefferson, State of Colorado, and is over, across and through
a strip of land described as follows:
See Exhibit "A" attached hereto and made a part hereof.
To have and hold such easement and right-of-way unto the District
and unto its successors and assigns forever unless abandoned for one
year, whereby all right, title and interest hereunder of the District
shall cease and terminate.
Coors further grants to the District:
(a) The right of ingress to and egress from said strip over and
across said lands by means of existing roads and lanes thereon
if such there be; otherwise by such route or routes as shall
occasion the least practical damage and inconvenience to
Coors; such routes must be approved by Coors in writing.
The District hereby covenants and agrees:
(a)
After construction of any sewer pipeline or main as herein-
above referred to, the District, at the sole expense of the
District will perform the following work: (1) The general
surface of the ground shall be restored, as nearly as may
reasonably be, to the grade and condition it was ;n immediately
prior to construction. (2) Topsoil shall be replaced and any
excess earth resulting from installations by the District
shall be removed from the right-or-way. (3) Ground will be
reseeded with native grasses; all fences, private roads or
lanes, including asphalt, will be repaired. (4) Any river,
lake, creek or ditch banks disturbed will be repaired, and if
removed, rip rap will be replaced. (5) No permanent fences or
other improvements shall be erected or maintained on the
easement without prior written consent of Coors. (6) If
settling of earth should occur creating a lesser grade than
the original grade up to one year after the installation or
any excavation for repair, the District will, as necessary,
fill, place top soil on grade and reseed with native grasses.
The District agrees that Coors makes no warranty as to title
to the above described property and that the easement ;s taken
by the District subject to all easements and restrictions,
recorded or not, and subject to that lease entered into on
July 13, 1981 betvleen Coors and the City of Wheat Ridge,
Colorado.
(b)
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(c) The District agrees to indemnify and save harmless Coors from
and against any and all claims, da~ages, actions or causes of
action and expense (including attorneys' fees) for injuries or
death to persons, including employees of the District, and
damage to property to \~h i ch Coors may be su bj ec ted by rea son
of the District's installations bein] located within the
right-of-way granted herein, or by reason of any work done or
omission made by the District in connection \'iith the exercise
of any of the rights granted in this agreement.*
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*.A.s used in this paragraph, the term "Coors" shall mean
Coors, its subsidiary or associate companies and their agents,
servants, and employees.
(d)
The District agrees that no assignment of this agreement will
be made without the prior written consent of Coors.
(e) The District acknowledges that the easement is upon and
through a public park and will place temporary restraints and
warning signs, lights and barriers around open, excavated
areas as necessary for the safety of persons entering the
pa rk.
(f) Special Provisions attached hereto and made a part hereof. N/A
Coors reserves the right to use said strip for purposes which will
not interfere with the District's full enjoyment of the rights hereby
granted; provided that Coors shall not erect or construct any building
or other structure or drill or operate any well or remove any soil, sand
or gravel to the detriment of said line and will advise the District
when any action is taken in said strip to diminish or substantially add
to the ground cover over said pipelines. Coors retains the right for
Coors, Coors lessee's or assigns to pave over said easement and erect
signs in said easement, and install and maintain any pipelines on, under
or across easement. The District will notify Coors at least 48 hours
prior to any repairs, maintenance or other activities that would effect
the easement, except in the event of an emergency when as much notice as
possible will be given to Coors. District will repair or replace any
pipelines installed, paving, signs or other structures erected by Coors,
Coors lessee's or assigns, if disturbed by District in maintenance of
District's sewer line.
The provisions hereof shall inure to the benefit of and bind the
successors 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.
METROPOLITAN DENVER SEWAGE
DISPOSAL DISTRICT NO. 1
ADOLPH COORS COMPANY
By
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ACKNOWLEDGEMENTS
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STATE OF COLORADO
COUNTY OF JEFFERSON
The
July
Estate,
foregoing Easement was acknowledged before me this 19th da~ of
, 1983, by Sandra K. t'/oods, Vice President, Corporate Real
Ado 1 ph COors Company
Witness my hand and official seal.
"Hy commission
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expires:
May 9, 1984
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Notary Public ~
Add ress; Adolph Coors Company
Golden, CO 80401
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Page 2 of 3
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CCP-182 and 187
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STATE OF COLORADO )
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COUNTY OF ADAMS )
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I Thy foregoin,g Easement was l?CkJ1oyl,e4ged ,b,efore me thiscJi .1.' day of
"'\1' _,15 by In( ,~ ~.z:vi:..5,(C('/\
of fhe Mttropolitan Denver Sfwage DisposaflJittrict No.1.
Witness my
My commission expires:
hand and official seal.
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SUBORDINATION AGREEMENT
WHEREAS, by lease dated July 13,1981, between the Adolph Coors
Company and the City of Wheat Ridge, the City of Wheat Ridge obtained a
leasehold interest in the lands hereinabove described; and
WHEREAS, the City of Wheat Ridge is agreeable to subordinating its
leasehold interest in the lands described herein to the easement rights
which are sought by the Metropolitan Denver Sewage Disposal District No.
1.
Accordingly, the City of Wheat Ridge hereby subordinates the lease-
hold interest acquired by the lease of July 13, 1981, with Adolph Coors
Company to the easement rights hereinabove described.
ATTEST:
CITY OF WHEAT RIDGE, a Home Rule City
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By: Vu>.,A~--r7;.~/
Frank Stites, Mayor
APPROVED
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BY ATTORNEY:
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Ci ty Att;orney
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EXHIBIT A
CCP- 182, 187
A ten (10) foot wide permanent easement and right-of-way over, across and through
the following described property, to-wit:
That part of the South one-half of Section 20 and of the NE~ of the NW~ of
Section 29, Township 3 South, Range 69 West, 6th Principal Meridian,
described as follows:
Beginning at a point on the East right-of-way line of Youngfield Street,
from which point the quarter corner between said Section 20 and 29 bears
N 73022'52" East, 1306.06 feet, and which point is also the Northwesterly
corner of Ridge Subdivision; thence North 64025'23" East along the
Northerly line of Ridge Subdivision, 1112.40 feet; thence North 000'40"
East, 180 feet; thence North 58057'43" East, 195 feet; thence South
84026'05" East, 165.78 feet to the West line of a parcel of land described
in Book 759 at page 462 of the records of the Clerk and Recorder of
Jefferson County, Colorado; thence North 0005'34" West along said West line,
1082.95 feet to the North line of said tract described in Book 759 at
page 462, thence South 87058' East along the North line of said tract 664.32
feet to the West line of the John R. Lee Tract as described in Book 202 at
page 328 of said records; thence North 0008'41" West along the West line
of said John R. Lee Tract 200 feet to the South line of Pearl of the Valley
Subdivision; thence North 860 West, 185.65 feet to the SE corner of tract
of land conveyed to Harold N. Lee by deed recorded in Book 497 at page 562;
thence North 0029'57" West, 357.30 feet to the NE corner of said Harold N.
Lee tract; thence South 89039'33" West, 560.47 feet to the North-South
centerline of said Section 20; thence North 0009'29" East along said
North-South centerline of Section 20, 194.23 feet to the NE corner of tract
of land conveyed to Harold N. Lee by deed recorded in Book 451 at page 323; .
thence South 89025' West a10nq the North line of said Lee Tract, 513.7
feet to the NH corner thereof; thence South 0032' East, 244.95 feet; thence
South 72057'58" West, 145.09 feet; thence South 75046'12" West, 644.96 feet
to the East right-of-way line of Youngfie1d Street, thence South 0044'16"
East along said East right-of-way line, 334.21 feet to the North line of
tract of land described in Book 480 at page 595; thence North 89015'44"
East, 169 feet to the NE corner of said tract described in book 480 at page
595; thence South 0044'16" East, 100 feet; thence South 78042'44" West along
the Southerly line of said tract described in Book 480 at page 595, 172.79
feet to the East right-of-way line of Youngfield Street; thence South
0044'16" East, 1650.10 feet to the point of beginning.
Sheet 1 of 2
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83077135
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EXHIBIT A
CCP- 182, 187
EXCEPT, a part of the S~ of Section 20 and of the NE~ NW~ of Section 29,
all in T3S, R69W, 6th P.M., described as follows:
Beginning at a point on the East right-of-way line of Youngfield Street,
from which point the quarter corner between said sections 20 and 29
bears North 73022'52" East, 1306.06 feet and which point is also the
Northwesterly corner of the tract of land described in Book 1338 at page
429 of the records of the Clerk and Recorder of Jefferson County, said
tract being RIDGE SUBDIVISION; thence North 64025'23" East, 862.96 feet
along the Northerly line of Ridge Subdivision to the true point of begin-
ning; thence North 64025'23" East along the Northerly line of Ridge
Subdivision 249.44 feet; thence North 000'40" East, 180.00 feet; thence
North 58057'43" East 195.00 feet; thence South 84026'05" East 165.78 feet
to the West line of the parcel of land described in Book 759 at page 462
of the records of the Clerk and Recorder of Jefferson County; thence
North 005'34" West along said West line 1082.95 feet to the North line
of the tract described in Book 759 at page 462 of said records; thence
North 87058'00" West 80.05 feet; thence North 9000'00" West 473.17 feet;
thence South 000'00" East 1455.10 feet to the true point of beginning.
Coun~y of Jefferson, State of Colorado
EXCEPT roads and ditches.
Said ten (10) foot wide permanent easement and right-of-way lying between 10 feet
and 20 feet to the South of and adjacent to the following described centerline:
Beginning at a point on the east line of Xenon Street in the S~ of Section
20, Township 3 South, Range 69 West of the 6th Principal Meridian, County
of Jefferson, State of Colorado, which is 549.7 feet south of the East-West
centerline of said Section 20; thence Easterly on an line forming an angle
of 90012' with said east line, a distance of 89.5 feet to a point; thence
deflecting right 12015' on a line a distance of 435.3 feet to a point;
thence deflecting left 11004' on a line, a distance of 217.2 feet to a
point, thence deflecting right 21003' on a line a distance of 370.4 feet,
more or less, to a point on the east line of a tract of land described
in Book 497 at Page 562 of the records of the Clerk and Recorder of
Jefferson County, Colorado, which is 804.0 feet south of the East-West
centerline of said Section 20.
Containing 0.255 acres, more or less.
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