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HomeMy WebLinkAbout0422 ~ 6(0 i :LT EASEMENT AGREEMENT The CITY OF WHEAT RIDGE, a Colorado home rule municipal corporation of the State of Colorado (hereinafter "Grantor"), for and in consideration of the sum of Ten and No/lOOths Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, does hereby grant, sell and convey to Ron Beyer and Michelle Beyer, ("Beyer") an easement ("Easement") in the nature of a nonexclusive easement for storage, over, across and through that certain real property owned by Grantor and situate in the County of Jefferson, State of Colorado, more particularly described as follows: ./'6 I See Exhibit A attached hereto and incorporated herein by reference (the "Easement Area"), which area adjoins Beyer's property (the "Property"). This Easement is granted to Beyer in accordance with the terms of that certain Annexation Agreement dated March 23, 1998. Such Easement Area is also simultaneously being conveyed by Grantor by grant of a nonexclusive easement to the Valley Water District. By acceptance hereof, Beyer acknowledges that the Easement and rights hereby granted are subject to the following conditions: 1. Beyer shall be permitted to store within the Easement Area its trucks and the dumpster which are used in connection with its landscape business (the "Business"), so long as: (a) The Business and storage in the Easement Area are conducted in substantially the same manner as of the date of this Agreement; (b) No building permit is issued on the Property, other than as necessary for operation of the Business and for no other purpose; (c) The Property has not been conveyed, sold, abandoned, or transferred; (d) The Easement Area shall be kept clean and free of debris and trash, The Easement Area shall be deemed to be clean and maintained in accordance with the terms of this Agreement so long as no more than three (3) nuisance citations are issued by the City of Wheat Ridge relating to the Easement Area within any five (5) year period; KLE\53027\288585.01 1 RECEPTION NO. F0677491 26.00 PG: 0001-005 250 RECORDED IN JEFFERSON COUNTY, COLORADO 8/20/1998 9:48:12 (e) Grantor has not provided 30 days' notice to Beyer of its intent to construct a pedestrian trail or sidewalk within the Easement Area. In the event of the occurrence of any of the events listed in subsections a through e 9 above, Grantor shall have the right (but not the obligation), at its option, to (i) terminate this Agreement, or (ii) enter the Easement, and so much of Beyer's adjoining lands as may be necessary or convenient, to perform such maintenance or remove such materials as may be necessary. All work performed by the Grantor in connection with the exercise of the Grantor's rights under this paragraph shall be performed with reasonable care, and the surface of any property adjoining the Easement Area which may be damaged during such work shall, following such work, be restored by the Grantor to a condition reasonably similar to its original condition. Beyer covenants and agrees that no building, structure or other above or below ground improvement or other obstruction that will interfere with the full use and enjoyment of the Easement will be placed, erected, installed or permitted upon the Easement Area; and Beyer further covenants and agrees that in the event the terms of this paragraph are violated by Beyer, or any person in privy with Beyer, such violation will be corrected and eliminated immediately by Beyer upon receipt of notice from the Grantor. In the event that Beyer shall fail to remedy such violation, Grantor shall have the right to correct and eliminate such violation, at the sole cost and expense of Beyer, or, alternatively, to terminate this Easement upon written notice to Beyer, Beyer, on behalf of itself, its heirs, devisees, legal representatives, successors and assigns, hereby expressly releases the Grantor from any and all claims for damages, whether actual, consequential or special, which may be suffered or claimed by Beyer, or anyone claiming by, through or under Beyer, relating to, arising from, or incident to any work performed by the Grantor in the exercise of the Grantor's rights under this Agreement. Any and all costs and expenses, including reasonable attorneys fees and court costs, which may be incurred by the Grantor with respect to its performance of Beyer's responsibilities hereunder, or with respect to the enforcement of the Easement and/or this Agreement shall be billed to Beyer, and shall be due and payable by Beyer upon receipt of the invoice from Grantor. In the event that Beyer fails to fully reimburse the Grantor within thirty (30) days after submission of the bill, such unpaid amounts shall thereafter accrue interest at the rate set forth in CoR.S. ~39-12-103(3), and the Beyer agrees that the Grantor shall have the right to place a lien against the real property comprising the Easement Area to the full extent of all such umeimbursed costs, expenses and interest, which lien shall be enforceable and foreclosable in the same manner as any mortgage or deed of trust in the State of Colorado. KLE\53027\288585.0l 2 RECEPTION NO. F0677491 Notwithstanding the foregoing, and to the extent permitted by applicable law, Grantor shall have the right to certify the outstanding indebtedness obligation of Beyer to the Jefferson County Treasurer and to cause such obligation to be included in the real property tax and assessment bill levied against the tax parcel(s) which encompass the Property. ~ The Easement granted hereby may terminate in accordance with the terms hereof and shall bind and constitute an equitable servitude until and unless terminated in accordance with the terms of this Agreement. This Agreement, and each of the obligations of Grantor, and each of the rights of Beyer, set forth herein shall be binding upon the parties hereto and their respective heirs, devisees, legal representatives, successors and assigns, IN WITNESS WHEREOF, Grantor has executed this instrument this 27thday of July , 1998. GRANTOR: OF WHEAT RIDGE, Gretchen Cerveny Mayor ATTEST KLEI53027\288585.0 I 3 RECEPTION NO. F0677491 RECEPTION NO. EXHIBIT A (Legal Description of Easement) ~ F0677491 EXHIBIT "A" Beginning at the Southeast corner of the NW~ of Section 17, Township 3 South, Range 69 West of the 6th P.M.. thence West along the South line of said NW~ a distance of 100 feet, thence North and parallel with the East line of said NW~ a distance of 30 feet; thence East and parallel to said South line a distance of 100 feet to the East line of said NW~, thence South a distance of 30 feet along said East line to the Point of Beginning. ,/ YJ RECEPTION NO. F0677491