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RECEPTION NO. F0700184 36.00
236 RECORDED IN JEFFERSON COUNTY, COLORADO
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9/23/1998 8:57:55
1861
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TERRITORV
STATE
1876
DEPARTMENT OF PERSONNEL
DIVISION OF
STATE ARCH IVES
AND
PUBLIC RECORDS
J Jlerebv eertilv tltat tlte annexetlCivlIlfl
(or eaclt of tlte annexed cvpies) is a tp1te
copg vfa record in tlte lepal cJlstodg tJf
tlte State A rcltillis! 01 evlorado, and is
filed among tlte records of
THE DEPARTMENT OF NATURAL RESOURCES, STATE BOARD OF LAND COMMISSIONERS, STATE OF
COLORADO
deposited therein
RIGHT OF WAY NO 2245, BOOK 22. DATED NOVEMBER 23, 1977 6 PAGES.
Al1un~t 1') 1998
DATE
"~,,.,.~
RIG B T 0 F WAY NO.
2245, Book 22
1.
1. THIS INDEN'l1JP.E, Made this 13th day of October, 1977, between
the STATE OF COLORADO, acting by and through the STATE BOARD OF LAND COM-
MISSIONE~~. party of the first part, and THE CITY OF WHEAT RIDGE,
2.
3.
:f-
.J!
,
10900 West 44th Avenue, Wheat Ridge, Colorado 80033, party of the second . /
Ii :je
part: (,
4.
5.
WIT N E SSE T H
1.
2. WHEREAS, Party of the second part has made application to the
2. said Board of Land Commissioners for a right-of-way over, upon, under and
3. across the surface of certain portions of school lands as hereinafter des-
4. cribed for the purpose of constructing, reconstructing, operating and
5. maintaining a public road (Oak Street), and
1.
3. ~mERFAS, Said State Board of Land Commissioners has, in manner
2. and form as provided by statute, granted such right-of-way for the purpose
3. aforesaid and none other, upon the terms and conditions set forth herein,
4. and has duly authorized the proper officers of said State to execute this
5. indenture:
1.
4. NOW, THEREFORE, THESE PRESENTS WITNESSETH, That the said party
2. of the first part, in consideration of the premises, and in the further con-
3. sideration of the sum of Six Hundred Fifty-three and 12/100 Dollars
4. ($653.12), lawful money of the United States, by second party to first
5. party in hand paid, the receipt whereof is hereby confessed and acknowledged,
6. has granted and by these presents does grant unto the party of the second
7. part, its successors and assigns, a right-of-way for the purpose of con-
8. structing, reconstructing, operating and maintaining a public road (Oak
9. Street), upon, over, under and across the surface of those certain portions
10. of school lands described as follows:
In the Southwest One-quarter of the Southeast
One-quarter (SW 1/4 SE 1/4), within Right-of-Way
No. 1049, Book 10, Section Sixteen (Sec. 16),
Township Three South (T. 3 5.), Range Sixty-nine
West (R. 69 W.) of the Sixth Principal Meridian
(6th P.M.), in Jefferson County, State of
Colorado;
- 1 -
PLATl ED . TRACTED
f3y,P,~t1L.,DA TE/r/~t./17
:;;
Being a parcel of land described by metes
and bounds 11S follows:
Beginning at a point on the north-south
centerline, which point bears North a distance
of 489.0 feet from tlle south one-quarter corner
of said Sec. 16;
Thence North 74. 43' East a distance of
31.10 feet to a point;
Thence North 00. 30' East and parallel to
the north-south centerline of said Sec. 16,
a distance 103.67 feet to a point;
Thence South 74. 43' West a distance of
31.10 feet to a point on the north-south
centerline of said Sec. 16;
Thence South 00. 30' West, along the north-
south centerline, a distance of 103.67 feet to
the point of beginning.
Containing 3,110.10 square feet or 0.71
acres, more or less.
The bearings of South 74. 43' West and
North 74. 43' East are meant to coincide with
the bearings of South 74. 22' West and North
74. 22' East respectively as described in
Right-or-Way Nb. 1049, Book 10.
\,
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1.
S. TI]is grant is lI1a,le witlf) thg I,1nderstanding thelt tI]e pelrty of the
or its assigns, ,)/) .-0 bI,- '6 I.)t~
second pil r t, Jnu s t cons t nlc t 'said rOelclway in acconJ ance wi th t his grant wi thin
2.
3. t\% years from dale hereof, failing in which this grant shall be subject to
II. cancellation ilt the option of the party of the first part. if the party of
5. the first part ngrl'l's to extenu such construction period, it is understoou
6. by the parties herelo that the party of the fil'St part may fix auditional
7. consideriltion based on a reappraisal of said right-of-way at the time of
B. completion of construction of said facilities.
l.
b. ^ll rights to any and all minerals, ores and metals of any kind
.
2. <lIld charactc\', and all coal, asphaltum, oil, gas, geothermal resources or
3. othCl' substances in or under said land are hereby reserved to the State of
4. Colorado, 1 n lhl' event thc party of the first part should at any time desire
5, to occupy 01' use or pcrmit the occupancy or use of the lamls which are sub-
b. j ec t to the r i.gh t-of -\o/ay herein granted or any port ions thereof for any pur-
7. pose with \o/I]ich the elforeselid road would interfere, including the mining, re-
B. moving, or recovering of all minerals, ores and metals of every kind and
9, character, and all coal, asphaltum, geothermal steam or other substances, in
10. or under s<li.d 1anu, then th" party of the first part may require the party
11. of the sC'cond part to relocate, move, or rebuild the road described above at
12. any locat Lon or locations \o/here said road passes over and across the State
13. land", after first, i.n each case, receiving nOL less than 90 days' prior
11,. wri tten not i.ee [rom thc, first party. In such event the porty of the second
]5. part shalL be furnished a similor right-of-way over and across State lands,
1(,. when avaiLahLe and suit<1ble, free of charge, as a satisfactory right-of-way
17. to relocate its rO<1d.
In any event not more than one-half of the expense
lB. of said relocation, movement, or rebuilding shall be paid by the party of
19. tl]e second p,lrt
1.
7. Thi.s GClnt of right-o[-woy is melde subject to any and all eose-
2. nwnts and r i.ghts-of-woy heretofore legolly obtained aml now in full force
3. and effect, if any l:here be.
1 H, The pany of the fi.rst part shall have tlle right at any and all
2. times dllr ing the eontinll;1nce of this right-of-w<lY to sellar otherwise dispose
], of said L111d and to use the S<lme for all purposes, except as nece'isarily
- 3 -
q
(\, limited by the rO;lJ described above.
1.
9. The right-of-way is made [or the sole and only purpose as here-
~
2. In set forth, aod no other; amI in the event that the party oE the second
5. ribht-o[-way shall become vaLLI and of no effect, and any and all such rights
J. part, Lts successors and assigns, shall at any time use or attempt to use
I.. the same EoI' any o\-her purpose \"kltsoever, thon and iu that case this
(,. and privi1.el;('S herein granteu shall revert to the party of the first part,
1,
10. The [lilrty of the E irst part reserves the right to t'equlre the
2. party oE the> secouu part to construct and maintain upon ilnd adjacent to said
J, right-o[-wa.v hereinilbove described, such fences, gates, cattle guards, cul-
I.. verts anu subw<1Ys as may, in the opinion of the party of the first part, be
5. necessary to the proper use and enjoyment of the lands adjacent thereto and
G. belonging to the party of the first pent, or to prohibit such construction
7. ",hen the party oE the first part considers it to be detrimental to the use
1.
or its
11. The party of the second part,,,shall
. :/' ) _ G !J. ..0l 15.........."--<'-
ass1gns ,'-1
have the right to construct
8.
oE said lands.
2. and maintain only the road above described and shall have the right to trim
J. trees and shrubbery only if such trees or shrubbery should materially inter-
4. [ere \"ith or encl"(lgcr the proper operation and maintenance of silid road.
5. This rJght-of-\"ay ,;hall not be deemed to give the second party exclusive
6. possessioi1 of ;:wy part of the land above described.
1.
12. This right-oE-way does. not gr~nt pe~missio~ e2,l;re,?s or i.mplied,
or 1ts ass1gns,.-J /) - a bL -f,c~ ')~'-.
to the party of the second part,/Eor water exploration, drilling, or estab-
2.
J, J.ishing Hater ",,-,Us, without \Hitten authorization of the party of the first
4. part. l[ the party o[ the second part shall establish any water right on
5. State land [or any use on or off State land, such right shall be and remain
G.' the properl.y o[ the p,n-ty oE the first part.
1.
IJ. The rO<1r! to be constructed and maintained upon this right-of-
2, way is for the use of the public and no restriction of any kind may be put
J, upon this use unless pt"iot" consent to such restriction is obtained from the
I,. pany oE the i" ir,.;t part.
1.
11.. No sign;;, billboards or similar displays may he placed upon this
2. right-oE-lVa; or on lands aclj"cf'nt to it belonging to the party of the first
\. part, \Yithout the express approv;lL of the party of the first part.
- I, -
1.
15.
or its
The pilrLy of Lhe second part;/shaLl
'''" !) ;(,L 1;-,_-
assigns, cd<J -q - '
have such rights ol ingress
o
2.
and egress ,1S m,\y be nccessary lor the construction, reconstruct:ion, opera-
3. tion, mainLcn,lncc and rClIlovCll of said road, but shall not leave open, or
4, permit tu be left open, any fences, bars or gates. ^ll such fences, bars
5. or gates ,,,hich may be dalll'lged or disturbed in any way shall be fully re-
6. stored bv the second party.
1.
16, In the event that the facility or facilities for which this
2. right-ol-way is gl-;lllted iJre to be enlarged, rerlaced, relocated, or added
3. t-o in the foture, the party of the second p,?rt shall advise the party of
I,. the first [lClrt of such change and [ul-nish surveys, plClts and descriptions
5. of the change to the piJrty of the first piJrt. ^n aJditional consideration,
6. COlllmenSUl ate ,,,ith the domage to the value of the State land, may be rcquir-
7. C'c1, as deterlllined by the first party.
1.
11. The right-of-wiJY lw.rein griJnted shall continue lor as long as
2. thc road described above is used and maintained by the second party, provid-
3. ed that should said road be abandoned or discontinued for a period of twelve
f,. (12) consecutive months, this right-of-way and all rights of the second
5, party hel-eunder shall ,.utomatically and without notice terminate at the
6. end of such twelve (12) month period; anu in such case, the party of the
7. first part may require the p<lrty of the second part to restore the lands
8. occupied by said rigllt-of-way as nearly as possible to their condition prior
9. to the construction ol the road.
1.
IH. The party of the second part agrees to assume all liability
2. arising fr01l1 the exercise of the right-of-way herein granted; including but
], not limited to, the risk of all injuries, including death resulting there-
fl. from, to persons, anu damage to and destruction of property, including loss
5. of us,' thl'reo[, re!;ulting directly or indirectly, wholly or in part, from
G. the Pl'osecution or omission of ~ll1Y work or obligation undertaken or requir-
7. ed by this ^grccmclIt, awl to indemnily and save harmless the first party
8, frolll and against any and all liability arising therefrom.
1.
1'). The piJrty of the second part will pay to the party of the fi.rst
2. part the ["ll alllount neceSSiJry to compensate the first party for damages to
J. its pl'opL'rty, rigllts, franchises or privileges, including legal liabilities
- 5 -
--
fl. and d<1m;I,;" tn crops of lcs,;l'c,', fesulting from acts Of omissions of the
5, second p;lrtv, its <ll;ents or employees, or from the exercise of the right- 1
6. of-loIay hel'cin ,;r;mtcd and the use uf the lands of the first party.
1.
20,
IN i-/llNI'~~S \-JIILI(EOF, The party of the first part has caused
~
L.
lhl'se prl";i'llts tn he cx('(:uted ill its name and in its behalf by the State
3. Board of !.;lllrl COlllmissioncrs, and has caused the seal of the State lloard of
I" Laml COl11ll1i "" iOIl"rs to he I",rellnto af fixed and the party of the second part
5. hilS hefCllllt 0 causcd these presents to be signed by its __lJ1r~
6,
(\l.l.QI (' Jx,Aa,--,
I
<Illd
CO' X.t\ i
~'/.o~1..L{ r
day and year first above
, and its
7.
cnrporal:e seal a[[ixeu hereto, the
written.
STATE OF COLORADO
BOARD OF LAND CO~fr\lSSlONERS
---~
l'resiucnt
G2co~hA-
-
- ZJ ~~
__-.!J/tNI'. ·
Register
.~~~~ ~~\~,.
CITY OF WHEAT RIDGE, COLORADO
" /
/' 1 {;"~-
By ....iliLL~oJ..J'-'.U'"---____
FRANK STITES, MAYOR
M:cst ~~~~~/
CAROL F. HAMPF, c'l{~c ~-
PP.Oc;FED ,;~!.t~~'7
R.O.W. Appl. 76/426
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... PlAll ED - TRACTED
BY j.../lt.OA TE!.~!.I27