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HomeMy WebLinkAbout0378 RECEPTION NO. Q41SnQ31 25.0n RECORDED IN COUNn OF JEFFERSON STATE OF COLORADO 11,16/94 1<+:49 EASEMENT AGREEMENT "w....., THIS AGREEMENT, made and entered into as of the 1st day of SepterrDer 1994 The City of Wheat Ridge hereinafter called "Grantor", (whether grammatically singular or plural) and the " l i \ " 1 I ! \ 37rz/ by and between 0 valley \'fiter District cI.. hereinafter called "District" I' ? .f$t> WITNESSETH: . For and in consideration of the sum of TEN AND NO/IOO DOLLARS ($1000) and other good and valuable consideration to the Grantor in hand paid by the District, the receipt whereof is hereby acknowledged, the Grantor hereby grants to the District, its successors and assigns, the sole, exclusive and permanent right to enter, re.enter, occupy and use the hereinafter described property to construct, maintain, repair, replace, remove, enlarge and operate one or more water pipelines and all underground and surface appurtenances thereto, including electric or other related control systems, underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the following: mains and conduits, valves, vaults, manholes, control systems, ventilators, and the like, in, through, over and across the following described parcel of land situate, lying and being in the City of County of Jefferson and State of Colorado, to,wit: Wheat Ridge :!~s A TRACT OF LAND 30 FOOT IN WIDTH LOCATED IN THE WEST ONE-HALF OF SECTION 21 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. CITY OF WHEAT RIDGE. JEFFERSON COUNTY, COLORADO. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BAR HEIGHTS SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON COUNTY RECORDS IN PLAT BOOK 18 AT PAGE 16, THENCE S.O'25'07"E (BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21 BEARS N.0'31'40.' W.).ALONG THE WEST LINE OF WEST 43RD AVENUE, A DISTANCE OF 30.00 FEET; THENCE S.89'35'15" W. A DISTANCE OF 97.60 FEET; THENCE N.22' 26'04"W. A DISTANCE OF 49.69 FEET; THENCE S.89'59'42"E. A DISTANCE OF 32.46 FEET; THENCE S.22'26'04"E. A DISTANCE OF 23.27 FEET; THENCE N.89'35'15"E. A DISTANCE OF 77.37 FEET TO THE POINT OF BEGINNING, CONTAINING 3,625 SQUARE FEET, MORE OR LESS. IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows: 1 The District shall have and exercise the right of ingress and egress in, to, over, through and across the above described property for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein, 2, The Grantor shall not construct or place any structure or building, street light, power pole, yard light, mail box or sign, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above described easement. Any structure or building, street light, power pole, yard light, mail box or sign, temporary or permanent, or shrub, tree, woody plant or nursery stock, of any kind situated on the above described easement as of the date of this Agreement, may be removed by the District without liability for damages arising therefrom. (30' EX,DIST) 5040/5/89 3, Existing fencing disturbed or destroyed by the District in constructing its facilities shall be replaced by the District i' " to its original condition as nearly as may reasonably be done, however, the Grantor shall not construct new fencing across or I t within the easement herein described without the written approval of the Distnct. i , 1 4 All water pipelines installed within the above described easement shall be laid not less than four feet below the /" natural surface of the adjacent ground, \.;:',-~7 \ 5, The District shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or _. desirable for the full, complete and unmolested enjoyment of the rights hereinabove described. It is specifically agreed between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or subjacent support for any water pipeline or lines and appurtenances within the easement, provided, however, that upon obtaining the specific written permission of the District, the earth cover over any water pipeline or lines may be modified, but normally permission will not be granted for a modification involving a cover of less than four feet nor greater than ten feet measured vertically from the top of any water pipeline or lines, and any modification undertaken by the Grantor shall be upon terms which provide for reimbursement to the District of the cost of any alterations to any pipeline facility made necessary by the d- change, I 6, After construction of any water pipeline or lines as hereinabove referred to, the general surface of the ground, except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as may reasonably be done, to the grade and condition it was in immediately prior to construction. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the District shall be removed from the easement at the sole expense of the District. The District agrees that for a period of one year following construction which involved disturbance of the surface of the ground, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District. 7, The Grantor has retained the right to the undisturbed use and occupancy of the subject property insofar as such use and occupancy is consistent with and does not impair any grant herein contained and except as herein otherwise provided, 8, The District is acquiring the rights in the subject property as herein provided in order to insure to the District a dominant easement for the exercise of the District's functions, and that the exercise of any rights in the subject property other than those retained by the Grantor shall be within the discretion of the District. The District agrees to permit and authorize such other uses of the subject property, not reserved in the Grantor, as will not impair the District's dominant rights, upon the payment of reasonable compensation to the District and upon such terms, limitations, and conditions as the District shall find reasonably necessary to protect its dominant right of occupancy of the subject property for the purpose of the District without undue or unnecessary injury to or impairment of the estate retained by the Grantor 9 In case the District shall abandon its rights herein granted and cease to use the same, all right, title and interest hereunder of the District shall cease and terminate, and the Grantor shall hold said premises, as the same may then be, free from the rights so abandoned and shall own all material and structures of the District so abandoned, but nothing herein shall be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the District at the time of the abandonment of District rights. 10, The Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained, and promises and agrees to defend the District in the exercise of its rights hereunder against any defect in his title to the land involved or his right to make the grant hereinabove contained, 11. Each and everyone of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the parties hereto 12, Unless special provisions are attached hereto, the above and foregoing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. To the extent that any special provisions added hereto are in conflict with any other provisions hereof, such special provisions shall control and supersede any other terms or provisions hereof, SPECIAL PROVISIONS, (30' EX,DIST,) .2. 5040/5/89 IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first above written. " A TIES):: , (TITLE) (Individual Acknowlegement) II STATE OF COLORADO COUNTY OF ss. ~~;';-J Dan Wilde, Mayor -;ttiv" i;,)!/j:hJ.'/ ! Kathryn SchroErler, City Attorney The within and foregoing instrument was acknowledged before me by i 2 i i ' I '2 -. (7 f \~ I! ".-.J (TITLE) 3 on this day of , 19 My commission expires. Witness my !lend and, official seal. (Corporate Acknowledgment) ST ATE OF COLORADO COUNTY OF ss. The foregoing instrument was acknowledged before me by Notary Public Address: as President and as Secretary of a corporation on this day of , 19 My commission expires: Witness my hand and official seal. "~to ; , i ATIEST' ) /' +-1 ~Q.<. ~h Secretary ~ J ~l .~ C-~ ~ ~^V IDIST EXECt.mONI .3. Notary Public Address: DISTRICT ~(!jf Zit K' 52601518.3 ",-- DESCRIPTION ,FOR WATER LINE EASEMENT \,,il '" g j A TRACT OF LAND 30 FOOT IN WIDTH LOCATED IN THE WEST ONE-HALF\(I ,J OF SECTION 21 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. ^<'^' CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS '-/- FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BAR HEIGHTS SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON COUNTY RECORDS IN PLAT BOOK 18 AT PAGE 16, THENCE S.0'2S'07"E (BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE NORTHWEST ONE-QUARTER OF SAID SECTION 21 BEARS N.0'31'40" W.).ALONG THE WEST LINE OF WEST 43RD AVENUE, A DISTANCE OF 30.00 FEET; THENCE S.89'35'1S" W. A DISTANCE OF 97.60 FEET; THENCE N.22' 26'04"W. A DISTANCE OF 49.69 FEET; THENCE S.89.59'42"E. A DISTANCE OF 32.46 FEET; THENCE S.22'26'04"E. A DISTANCE OF 23.27 FEET; THENCE N.89'35'15"E. A DISTANCE OF 77.37 FEET TO THE POINT OF BEGINNING, CONTAINING 3,625 SQUARE FEET, MORE OR LESS. PREPARED BY: STEVEN D LISTER FOR AND ON BEHALF OF: LANE ENGINEERING SERVICE INC. 9500 WEST 14TH AVENUE LAKEWOOD, COLORADO SHEET 1 OF 2 T69-1 JULY,1994 W 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69WEST ,6TH PM. J EFFERSON COUNTY r~'.,.l"'-"'" ..... I \ '\ , 't \;7~ / /" ".....1-' ~ c" ....- ... ... I ...... .... ~- -' l" (''\ J...., · . . ~ , .... 1 ,........ 1 , . "C:~ ""'.. , .... ... , ~\) '... ..... "_I'" (..." ".... ~; ~.... ti- ........ ~.... " ~ L~ ...... II r" -. .I ~....... ... ..... ""..... (...~) .... ..... . ll, "- ..... 1 ~ ..... 110oo.':, ..... .... eo..:.... ::-) 1:-_ rJ) ...... -- ,. ... I'''' .... ' 1 .... I- Cf) /.C'r 4 z o (/) 0::: W . S 89059'42"E- 32 46A rS 22026'04"E- 23 27' N 220 26'04,,~..}j~..~..~:..:.~.'I?,'E~!7' 37 .... .RO B o 4~ 69' \..................................~I;.................................................................................................4.~.................... '" 7-Wf See 2/ \i.........................................................................~../' S :. 2~;~ E -:~~O I .' S 8903S'IS-rrw - 97:er'-=-' J 1/ - a. II" r--~ r--, THE VALLEY WATER D/STR/CT WHEAT RIDGE, COLORADO PARKSIDE PATIO HOMES Scale I" = 40' Own H P B 100 Ie 8- 30 - 9'4 94-5A