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83077137
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES
THIS INDENTURE made this 19th day of July , 1983, between
ADOLPH COORS COMPANY, a Colorado corporation, County of Jefferson, State
of Colorado, hereinafter called "Coors"; and the METROPOLITAN DENVER I t
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 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
any excavation for repair, the District will, as necessary,
fill, place top soil 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 Wheat Ridge,
Colorado.
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(c)
The District agrees to indemnify and save harmless Coors from
and against any and all claims, damages, actions or causes of
actlon and expense (including attorneys' fees) for injuries or
death to persons, including ~~ployees of the District, and
damage to property to which Coors may 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.*
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*As 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
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 Distrlct'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
By :seu.....~'-o. 'f- W=~
Vice President
~
ACKNOWLEDGEMENTS
STATE OF COLORADO
COUNTY OF JEFFERSON
)
) ss.
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The foregoing Easement was acknowledged before me this 19th day of
July ,1983, by Sandra K, Woods, Vice President, Corporate Real
Estate, Adolph Coors Company
Witness my hand and official seal.
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"My, commission expires:
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May 9, 1984
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Notary Public ~
Address: Adolph Coors Comp~ny
Golden, CO 80401
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Page 2 of 3
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CCP-174, 176 and 178
83077137
STl\TE OF COLORADO )
) ss.
COUNTY OF ADAMS )
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. Tpe foregoin~~ Easement I'laslac~wledgg? before me this~ day of
I I , 19'-"f~ by I - .J/ '~-., S'/1".LA..
o the t.letropol itan Denver, ewage Disposal District No.1.
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Witness my hand and official
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Addr~ss: G ~c.,( 'hj~~~, c;-.,f_
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My commission expires:
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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 \~heat 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 t1etropol Han 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
By:
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Frank Stites, Mayor
By:
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John E. Hayes, qi~rney
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Page 3 of 3
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83077!37
EXHIBIT A
CCP-174, 176 &l78
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A ten (10) foot wide permanent easement and right-of-way over, across and through
the following described tract of land, to-wit:
That part of the N~~ SN~ and SN~ NW\ Section 21, Township 3
South, Range 69 West, described as follows: Commencing at
a point on South side of County Road 1920 feet North of the
South'..;est corner of the Ni~1..; Sh'\ of said Section 21; thence
South 1920 feet; thence 2as~ 226.6 feet; thence ~orth 1928
feet, more or less, to the s~uth side of said road; thence
Westerly 226.6 feet, more or less, to place of bcginninq,
E~cepting however, the North 400 feet of the East 196.6 feet
of the property above described.
County of Jeffersoh
State of Colorado
A:-!D
The South 1/3 of Tracts or Lots 11 and 12, I.E!':S' SURDIVISIO:.l,
Except strip of land 30 feet in width bet\Veen Lots 11 and 12
LEES' SUBDIVISION as reserved in instrument recorded in Book
390 at Page 504 and Except the East 10 feet of Lot 11 and the
\':est 10 feet of Lot 12 as conveyed in Deed recot'dcd in :o~~;"
203 at Page 414.
County of Jefferson
State of Colorado
Said permanent easement and right-of-way being more particularly described as lying
between 10 feet and 20 feet south of and adjacent to the following described center-
line:
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 Principal Meridian, County of Jefferson, State of
Colorado, \vhich is 717.9 feet South of th~ East-\'-!cst ce:1terline
of said Section 2l; thence Westerly on a line [orminy an anylc
vf 88034' with said East li~0, a distance of 204.5 feet to a
point; thence deflecting lc~t SOlO' on an line, Cl distance of
462.0 feet to a [Joint; thence deflcctinej left l7036' on a 1il\<",
a distance of 542.7 feet to a point; thence deflecting right
27003' on a line, a distance of 380.5 feet, more or less, LO
tl point on the \';est line o[ La: 11, LE~.S' SUL\DJ':ISIO;'J, :H:\ SE':.
at Sc;:cLion 20, '!'O\;nship 3 Sm:L~I, !~a::r;c 69 \'~est o~ the Gth
r':"lnci~id N(>ridii..l~, ''''hich is 83'1.3 :(~('t South of thl.O NO\"t:l line
0:" said '\I:t., SE~ c: Spcti',n 20. (:0!::.111:i:10 0.J('5 ~ICTes, no!f' 0\"
less.
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83077137
EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE
SPECIAL PROVISIONS
1.
District agrees to locate manholes and pipelines no nearer to the
south line of easement being conveyed herein than twelve feet north
of the south line of said easement, in the east 885 feet of said
easement.
2.
District agrees that existing trees will not be disturbed lying
south of and adjacent to said easement in the east 885 feet of the
easement granted herein. District agrees to meet with representa-
tives of Coors prior to construction start date and rope off said
trees as an indication to contractor that trees shall not be dis-
turbed.
178
5
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 NE1/4, 5E1/4 of Sec-
tion 20, Township 3 South, Range 69 West and a point 1450! feet
west of said North-South centerline.
3.
4.
District agrees to replace, maintaining existing elevations, the
spillway located in the \~estern edge of said easement and the 18"
C.M.P. located approximately 400 feet east of the west line of said
easement.
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