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8 j 0 7 7 I 3 6 CCP-179, 180 and 181
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE~
THIS INDENTURE made this 19th day of July , 1983, between
ADOLPH COORS COt~PANY, 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";
\HTNESSETH:
That for and in consideration of the sum 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 in 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-of-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
a~y excavation for. repair, the District will, as necessary,
flll, place top sOll on grade and reseed with native grasses.
(b) The District agrees that Coors makes no warranty as to title
to the above described property and that the easement is taken
by the District subject to all easements and restrictions,
recorded or not, and subject to that lease entered into on
July 13, 1981 between Coors and the City of \~heat Ridge,
Colorado.
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(c)
CCP-179, 180 and 181
Ple District agrees to indemnify and save harmless Coors frol~
and against any and all claims, damages, actions or causes of
action and expense (including attorneys' fees) for injuries or
death to persons, including employees of the O'istrict, and
damage to property to which Coors n:ay be subjected by reason
of the District's installations being located within the
right-of-way granted herein, or by reason of any work done or
omission made by the District in connection with the exercise
of any of the rights granted in this agreement.*
~
*As used in this paragraph, the tenn "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
park.
(f) Special Provisions attached hereto and made a part hereof.
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 vlill noti fy Coors at le3.st 48 hours
prior to any repairs, maintenance or other activities that would effect
the easement, except in the event of an emerqency I'lhen as much notice as
possible will be given to Coors. District \.iil( repair or replace any
pipelines installed, paving, signs or other structures erected by Coors,
Coors lessee's or assigns, if d'isturbed 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
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ADOLPH COORS COMPANY
By -SQu.oL..Q 'f::- W=JL::, ) ,'l"
Vice President ~
By_
ACKNOWLEDGEMENTS
STATE OF COLORADO
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55.
COUNTY OF JEFFERSON
The foriOgoing Easement was ackno\~ledged before i~le this 19~~ day of
July , 19 q by Sandra K. vloods, Vice President, Corporate Real
~Isfi;te:-]iao.lP.h~ COors ConlpanL-=====~----
Witness my hand and official seal.
r'ly co:nI~liosion expHes: J'1ay 9~~984
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Ct-\ .~'-\~,\. b',",,\l O\~D
Notary Public ~. \)
Address: Adolph Coors Company
Golden, CO 80~Olr-
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Page 2 of 3
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CC).
CCP-179, 180 and 181
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STATE OF COLORAnO )
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COU~TY OF ADAMS )
The foregoing Easement aJkn~' edge4 before. 1;10 thiscll.},'lday of
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'of 1h.e ~\~tro~oli~~ D~nver s,wag'e Dis~;~~l Dift%{t'tio. 1.
Hitness my hand and official
seal.. /
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Nota ry , t l C J
Address: ~~~~",J'-....- ::::::- r.
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11y, commission
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SUBORDINATION AGREEMENT
WHEREAS, by lease dated July 13, 1931, bet\~een the Adolph Coors
Company and the City of \~heat Ridge, the City of \oJheat 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
\"hich are sought by the t1etropolitan Denver Selvage Disposal District No.
1.
Accordingly, the ~rt.Y\o~~at Ridge hereby subordinates the lease-
hold interes,t acquir,d)y~e:.~:t~9.5.:e.. of July 13, ~981, with Adolph Coors
Company to tne eas2r.1ery,V rl ghts he,f~.}~above descn bed.
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,j\ .//~'iTY OF WHEAT RIDGE, a Hcme Rule City
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ATTEST:
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Frank Stites, Mayor
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APPROVED BY ATTORNEY:
By:
By:
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Joh E. Hayes, C'!Y At torney
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Page 3 of 3
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83077136
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EXHIBIT A
CCP- 179, 180 & 181
A ten (10) foot wide permanent easement and right-of-way over, across and through
the following described tract of land, to-wit;
The East 136.6 feet of Tract 7, Pearl of the Valley
Except easement described in Plat of said Subdivision
Jefferson County
State of Colorado
Except roads and ditches
and
Lot 12, Shumway Resubdivision
Except reservations as contained in the Plat of Pearl of the
Valley and in the Plat of Shumway Resubdivision
Jefferson County
State of Colorado
Except roads and ditches
and
Tract 1, Pearl of the Valley, EXCEPT the North 773.7 feet thereof
ALSO
The East 25 feet of the South 210 feet of the North 773.7 feet of
Tract 1, together with a right-of-way as presently existing over
the property to the West for ingress and egress to the above
described property from \1est 44th Avenue, together with the
balance of land necessary to give ingress and egress from West
44th Avenue to the aforesaid parcel of land as accepted by
Jefferson County for road purposes.
EXCEPT easement described in Plat of said Subdivision
EXCEPT easement recorded in Book 1981 at Page 737
Jefferson County
State of Colorado
EXCEPT Roads and Ditches
Sa i d ten (10) foot wi de permanent easement and ri ght-of-way lyi ng 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 Tract 7, PEARL OF THE VALLEY
SUBDIVISION, SW~ NE~ and NW~ SE~ of Section 20, Township 3 South, Range 69
West of the 6th Principal Meridian, County of Jefferson, State of Colorado,
889.3 feet south of the East-West centerline of said Section 20; thence
Westerly, a distance of 768.80 feet, more or less, to a point on the west
line of Tract 1, PEARL OF THE VALLEY SUBDIVISION, 804.0 feet south of the
East-West centerline of said Section 20. Containing 0.176 acres, more or
less.
1))
A
83077136
CCP-179, 180 and 181
5
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES
SPECIAL PROVISIONS
1.
District agrees that no new access routes will be made to the
easement area.
2.
District agrees to refill pipeline trench with material at least
as impermeable as existing soils and to construct cutoff walls at
all manholes between the North-South centerline of the NE 1/4
SE 1/4 and a point 1450 feet west of said North-South centerline.
3.
District agrees to replace, maintaining existing elevations, the
spillway located in the eastern edge of easement being granted
herein,
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