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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:
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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
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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.
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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
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RECEPTION NO.
F0677491
RECEPTION NO.
EXHIBIT A
(Legal Description of Easement)
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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.
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RECEPTION NO.
F0677491