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EASC"lENT FOR CONS'fRllCTION MW l-IAINTE~M;CE OF SE'/lER LINES ,.#'''-,
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THIS INDENTURE, Made
II VI (, if )-;~~ 19J5, between
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this 0 day of
City of WheatRidae
of the County of ,Jefferson, of the State of
Colorado, party of the first part; and the l1ETROPOLITA..l\I
DENVER SD~AGE DISPOSAL DISTRICT NO.1, a metropolitan sewage
disposal district, duly organized under the laws of the State
of Colo~ado, party of the second part;
vlITNESSETH:
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 easenent 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 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, 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 Jefferson' 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-Qf-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 lavlful claims of all
persons whomsoever.
The part~y of trlC first part further grants to the
second party:
(a) The rig"ht of ingress to and egress from said
strip over and across said lands by medns of roaRs and lanes
trlCreon if such there be; otherwise by such route or routes
as shClll occasion the least practical damage and
inconvenience to the first party.
Seconcl party hereby convenants <lnc1 agrees:
(a) Second party sl12111 proffi]?tly backfill any
t.rench Dade by it on snid strip and repair any damage it
s11i-lll do to first party's fences, private roads or lanes on
said lands.
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(b) Second party shall ind~nnify first party
against any loss or damage which shall be caused by the
exercise of said ingress and egress or by any wrongful or
negligent act or omission of the second party or of its
agents or employess in the course of their employment.
First party reserves the right to use said strip
for purposes which will no.t 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.
PARTY OF THE SECOND PART:
PARTY OF THE FIRST PART:
METROPOLITAN DENVER SD1AGE
DISPOSAL DISTRICT NO. 1
Hy commission
CITY OF WHEAT RIDGE:
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By ~~gz-. I.-dA//..:....::I'.j'lil7f)',
Frank Stltes, MaYQr \ .....,... ,/ "
AT~ ' ~ ,-' ~~./ S'") ""'. ,:;'\
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Chn sta Jones, Deputy,,' " CiL~Y' Cle1:'k ~ : 52 j,
ACKNO'iIJ'LEDG E~lENTS APPROVED\~'S 3~(1~'F;q-~~[ .:.<''\1,-
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) ss. /, 1 ty Attorne ,/ "\
County of Jefferson) / / ___ J
. ~ The foregoing Easement was ackn6~ledged before me
this (tit/day of July . 19.-5!.l, by Frank Stites as Mayor and Christa Jones
as Deputy ci ty Clerk, for the City of Wheat Ridqe. " <~:) :1(/
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STATE OF COLORJ,DO
\HTNESS my hand and official seal.
'1
STATE OF COLORII.DO
COllJ'TY OF ADM1S
The foreCToin-] Easement was ackno~,,,ledgcc1 before me
t,his -.eS~_day of (I":;-[l.~' 19Q3, by Jack B. Enger, c-lanager
of the ,-lctropoli tan Denver Sewage Disposal District No.1.
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\'lJTNLSS In" hand an(l official seal. ;'Jc!S.,
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t--1y CO~lii;\jssion expires: /0 ':,;U, , 1986 . . :.-',; :)J'; ~
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Notary Public -...., , .
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EXI!IBIT A
8308261t3
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LEGAL DESCRIPTION (CCP-130-A)
A PERMANENT EASEMENT AND RIGHT OF WAY OF VARIABLE WIDTH
SITUATED BETWEEN THE SOUTH LINE OF AN EXISTING PERMANENT
EASEMENT RECORDED IN BOOK 1702 AT PAGE 179 JEFFERSON
COUNTY RECORDS. OVER, ACROSS AND THROUGH THE FOLLOWING
DESCRIBED TRACT OF LAND TO WIT.
THAT PART OF THE NW1/4 OF THE NW1/4 OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST, BOUNDED AS FOLLOWS:
BEGINNING AT THE SW CORNER OF THE NW1/4 OF THE NW1/4
OF SAID SECTION; THENCE NORTH ALONG SECTION LINE
167.67 FEET; THENCE EAST AT RIGHT ANGLES TO THE LAST
LINE 208.75 FEET; THENCE SOUTH AT RIGHT ANGLES TO THE
LAST LINE 167.67 FEET; THENCE WEST AT RIGHT ANGLES TO
LAST LINE 208.75 FEET TO THE POINT OF BEGINNING. RESERVING
UNTO THE GRANTOR, ITS SUCCESSOg~ ~ND ASSIGNS AN EASEMENT
30 FEET IN WIDTH ACROSS THE WEST 30 FEET OF THE ABOVE
DESCRIBED PARCEL TO BE USED FOR THE CONSTRUCTION, OPERATION
AND MAINTENANCE OF NATURAL GAS PIPELINES.
SAID PERMANENT EASEMENT AND RIGHT OF WAY BEING MORE
PARTICULARLY DESCRIBED AS FOLLO~S:
COMMENCING AT THE NORTHWEST CORNER OF SECTION 23,
TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL
MERIDIAN; THENCE SOUTH 00010'17" EAST ALONG THE I-lEST LINE
OF SAID SECTION 23 A DISTANCE OF 1161.31 FEET TO THE TRUE
POINT OF BEGINNING; THENCE NORTH 86053 '40" EAST ALONG THE
SOUTHERLY LINE OF A PERMANENT EASEMENT AS RECORDEb IN BOOK
1702 AT PAGE 179 OF JEFFERSON COUNTY RECORDS A DISTANCE
OF 209.02 FEET; THENCE SOUTH 00010'17" EAST A DISTANCE OF
9.40 FEET; THENCE SOUTH 86032'27" WEST A DISTANCE OF 209.09
FEET TO THE WEST LINE OF SAID SECTION 23; THENCE NORTH
00010'17" WEST ALONG THE VlEST LItlE OF SAID SECTION 23
A DISTANCE OF 10.70 FEET TO THE TRUE POINT OF BEGINNING.
CONTAINING 0.0482 ACRES MORE OR LESS.
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