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Home My WebLink About0433 f<v tJ t\ (1\) . ) / CC-11 8 F:ECtPTIct~ r-IC. '/ :\ (. i;'; i:.I.' / .~:;, !:.;~; h'l-- ;jl~';..1LJ.) lH ~ ;.,'.. ':1;~lf'.;~I::i.;.(j !(3:; ne I. r"il h U" i II :l.il Ie ,; i. !.." iCJfTi''',Uh I :,;lliih .."I,}l "01. uf,' Ii ' EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES THIS INDENTURE, made this ~4~ day of ;:T;;~I/ ,2000, between THE CITY OF WHEAT RIDGE of the County of Jefferson, /of the State of Colorado, Grantor; and WHEAT RIDGE SANITATION DISTRICT, 7100 West 44th Avenue, Wheat Ridge, Colorado 80034.0288, a Colorado Special District duly organized under the laws of the State of Colorado, Grantee, pursuant to and through the exercise of Grantee's eminent domain authority; WITNESSETH: That for and in consideration of the sum of ten dollars ($10.00) and other consideration, cash in hand paid, the receipt of which is hereby acknowledged, Grantor has this day bargained and sold and by these presents does bargain and sell and convey and transfer and deliver unto the Grantee a permanent nonexclusive easement 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 surface facilities for the purpose of conveying and measuring sewage 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. The easement and right-of.way hereby granted is located in the County of Jefferson, State of Colorado, and is over, across and through a strip of land described as follows: See attached Exhibit A. To have and hold such easement and right-of-way unto the Grantee and unto its successors and assigns forever. Grantor shall have the right, on and after one year following removal by Grantee of all its facilities from the easement and cessation by Grantee of any use of the easement, to request Grantee to execute and permit recording of such instruments reasonably required to extinguish the easement, which request shall not unreasonably be denied. The Grantor does hereby covenant with the Grantee that it is lawfully seized and possessed of the real estate above described, that it has a good and lawful right to convey it or any part hereof, GED\53027\353015.01 1 1/0 ) CC-" 8 L,I~T~-"~, ~.: The Grantor further grants to the Grantee: (a) The right of ingress to and egress from said easement over and across adjacent lands of Grantor by means of roads and lanes thereon if such there be; otherwise by such route or routes as shall occasion the least practical damage and inconvenience to Grantor, and as Grantor shall designate. ~ Grantee hereby covenants and agrees, (a) Grantee shall promptly backfill any trench made by it on said easement and repair any damage it shall do to Grantor's fences, private roads or lanes on said easement or adjacent lands (b) Grantee will indemnify the Grantor 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 Grantee or of its agents or employees resulting in such loss or damage. Said indemnification is limited to the monetary limitations of the Colorado Governmental Immunity Act C.R.S. 24-10-114. Grantor reserves the right to use said strip for purposes which will not interfere with the Grantee's full enjoyment of the rights hereby granted; provided that the Grantor shall not erect or construct any building or other structure or drill or operate any well or construct any reservoir or other obstruction on said strip; mine 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 successors 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. GRANTEE: GRANTOR: WHEAT RIDGE SANITATION DISTRICT CITY OF WHEAT RIDGE I ( B . >" ^ -=-'-~ L7 y'~It'.t jJ~- (Title) ( I By: \. (ll''t,;,,~ L" ../1.'.'Jf '~" Gretchen {;orvony, Mayor C !r. ( \" \ [, I ' ' (I ~ \ I I j --,-- \ I C "\ ~,-- GED\53027\353015.01 -2- CC-118 _;.... i ''i ',I APPROVED AS TO FORM: , I By: Distri~~ l~d~al ~:~~e~ -, ATTEST. By: -{",,/,, "~{/c;- Wanda Sang, City CIt::1 k' ~ ./ - (/ ... /' ,I) ./ . +- ' ->~~~ 1A.t'~ , rrrE\- j"i..,iC[1,1.,,1>,,"'i: 3;ffN'.-c~iC'J... FII_"'" APPROVED AS TO FORM: . 'j/'-) /> . ~/ //>'/ ~ . , By: . ~~ .~/ Gera, E. Dahl Wheat Ridge City Attorney ACKNOWLEDGEMENTS STATE OF COLORADO ss. County of Jefferson , The foregoing easement was acknowledged before me this ,'j -' + ( \ day of \. Ll 1'1 , 2000, by 6N3t~~,8Fl Cer'~eny as Mayor, and Wanda Sang as City Clerk, of the City of Wheat Ridge. ( {u.( l,( (. ( 0- \ II 1 Ie l l ( 1\ I Witness my hand and official seal. j,'J v' ~ c. '^- My commission expires: \\\\\\1111/11"~/111 ~,,\.... J\~ OEL~,,;t'~ ~:';9:'9~.......~.v~ .;:;~ 00 ..x~ ~ g"'...."'OT AAy"f ~ f ( -0-0--0- 1 I -'p c,'- \;;" UBLI ...f:, i ~/;"". .oS,) ~ ~'l;-$""""o' R--~ ~~ 'IIII/. OF CO~ ",~ 'fIIIIlUI\\\\\\" ivlY COMMISSION EXPIRES: December 23, 2002 .I 'Jt"LC Lt"... ,1).. \ j';' It C Notary Public GED\53027\35301501 -3- CC-118 ;:EiI'- l!];~ t~u_ .~' I STATE OF COLORADO 55. County of ~ C"I - '~_ r '-'( _ The foregoing easement was acknowledged before me this J). f 'I day of A ... ~ " ')f ,2000, by (:, i ct:'ct.rI Ii p;" "5,".L......-' President of Wheat I ) Ridge San'itatibn District. I Witness my hand and official seal. My commission expires: L.{ - 3- ~'.0 '.1 > ' \ '-t.~-l.('. Notary Public _\ ..,..:: o. 0 .). ~ .~ {<.. 1....~'^ ~e" , . 1 \; ~ '., '1. ".... ..,,'.:...... -- GED\53027\35301501 -4- ?, nO,. ;\.1 l.EGAL DE~CRlPTI()N i\ parccl 01' land sItuated in tlK ~oulheast '/, of the Southwest " of Section 13, l'ownship 3 South, Range 67 West ofthc 6'" Principal Meridian, nlLlre particularl) described as follows: Commencing at the Northwest Corner of the Southeast '.., of the Southwest', 01" said Section 13 thence along the west line ol"the Southeast "., of the Southwest '/4 of said Section 13. SQoaO')'5(j"'!:: a distance of 2S9 7] feet: thence N820S7'S4"IN a distance of5] 75 feet to the POINTOF BEGINNING thence S07031'} TW a distance of } bS 42 feet: thence S41 OS3 '33"E a distance of 110.37 feet to a point on the west line of the Southeast 1" of the Southwest '/., of said Section 13, thence S00009'50''[ a distance of 26648 feet 10 a point on the nonh right-ot~wa)line of 49'" Street, thence along said right-ol~wa) / t~ N76041 OO'Vv a dislance of 62 17 feel: thence NS0057 38"E a distance 01" 39 12 li:eL thence r ' NOOoO') 50"W a distance of 216 00 feet: thence N4\ 053' 33"Vv a distance of 132.49 feel. thence I N0703 I I TL a distance of 163 66 feet: thence S89032'03"E a distance of 20.33 feet: thence S82057'54"E a distance 01'2482 feet 10 the POINT OF BEGINNING, Said parcel containing 19,276 square feet or 0 442 acres 1110re or less. Basis of Bearin~. The IN est line of the Southeast "4 of the Southwest \ , of said Section] 3 hay IIlg a bearing of <;00009 SO"I:: EXHIBIT "A" to Easement Page 1 of 2 ~ "Al (j) ~ \" \" (j) ~ fT\ fT\ -; WHEA T RIDGE SANITATION DISTRICT PROPERTY DESCRIPTION JEFFERSON COUNTY EXHIBIT A /NW CORNER 5E1/4, 5W1/4 SECTION 13, ns, R57W NS9'54'OO"E POINT OF BEGINNING S82'57'54"E 2482' 589'32' 03""E 20.33' \ U1 o NO ~Ici . ill "I - ~ (J1 - 0, fTl N82'57'54"W 5175' ,UJ :;: ". . .._ to ~ ~ .-to"V' ~r<);;;lJ") ~~;....to Z 8i z U1 0 0 0 0 d ci <0 ill (J1 (J1 0, 0 ::E fTl N (J) (J) .j>. ~ -st'.9.ijy S~"c- <.:~;- / N75'41'OO"W 52.17' 100 0 ~-- scale , NOTE: THIS ODES NOT REPRESENT A , MONUMENTEO SURVEY IT IS INTENDED !. ONLY TO DEPICT THE ATTACHEO DESCRIPTION. FDR: -.::;.-- .C3._ ---,1,& TION ~~~~~ ~ WHEAT RIDGE SANITA ~-c",-'-"'",~,,~ ~ ~ DISTRICT 100 200 , feet SAID PARCEL CONTAINS :1:0.442 ACRES NO. 5166 98 SCALE I" = 100' DA TE JUNE 19, 1998 CON S U L TAN T S 0",_ ~~,~':.' .~~\:". T=":': ~~~i 7t:~~~~;" t::"o.ui ::~~.~~ 0_.......... '~ b t"'j >1 ::q H tJ:j H "drl 0> 00 = ro ;p N rt o 0 en ["Tj NO> en (C i3 (C ::J rt