HomeMy WebLinkAbout0503
EASEMENT AGREEMENT
~
(\~ l
:J
THIS EASEMENT AGREEMENT is made and entered into as of the _ day of
January, 2003, by and between Laurence E. Nemirow and Joanne Kadish, whose
address is 3096 Vivian Street, Wheat Ridge, Colorado 80215 (collectively hereinafter
called "Grantors") and the CITY OF WHEAT RIDGE, COLORADO, a home rule
municipal corporation of the state of Colorado, whose address is 7500 West 29th
Avenue, Wheat Ridge, Colorado, 80033 (hereinafter called "City"), and both parties are
collectively referred to herein as the "Parties"
WIT N E SSE T H:
For and in consideration of the City's promise to pay Eight Thousand Eight Hundred
Twenty-Three and Ninetv-Five One Hundredths Dollars ($8,823 95) to the Grantors and
- -
for such other good and valuable consideration as provided by this Easement
Agreement, the delivery and sufficiency of which is hereby acknowledged, the Grantors
hereby grant to the City, its successors and assigns, a permanent and nonexclusive
easement to install, operate, use, maintain, inspect, repair, replace and/or remove
certain storm drain improvements and appurtenances thereto (the "Improvements"), in,
to, through, over, under and across a certain parcel of real property situated, lying and
being in the City of Wheat Ridge, County of Jefferson, State of Colorado, as more
particularly described in Exhibit A, attached hereto and incorporated by this reference,
such property being called the "Easement Area."
IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the
Parties hereto as follows
1 The City shall possess and exercise the non-exclusive right of ingress and
egress in, to, through, over, under and across the Easement Area for the
purpose of installing, operating, using, maintaining, inspecting, repairing,
replacing and/or removing the Improvements.
2 The City shall pay the Grantors Eight Thousand Eight Hundred Twenty-Three
and Ninety-Five One Hundredths Dollars ($8,823 95).
3 The City shall not permanently locate any portion of the Improvements above
ground with the exception of the following structures, for which the Grantors
grant the City the exclusive right to occupy those portions of the Easement Area
surface area necessary for their location a concrete box of a three foot by three
foot (3' x 3') maximum dimension and a manhole frame and cover
4 Within ten (10) days following the City's completion of any installation,
construction, inspection, repair or other activity within the Easement Area, the
City shall restore any area within or around the Easement Area damaged or
disturbed by such activity to a condition substantially identical to that existing on
the date prior to commencement of such installation, construction, or repair
Required restoration activities may include, but are not limited to, resetting fence
\2
V
CNB\53027\428564.03
RECEPT ION NO. F 11, ,.,; ,'b 1 f.
~~~2/20U~ 14:01IJ9~g, .~Ol-0uk
I-HbE F.EE" '1.!..IlQ 1)111 FEF' I, C;;',
RECORDED IN JEFFEPSON"~n~~iy, Co~6~ADn
and metal edging when any such structure is removed or damaged, resloping
disturbed ground surface areas, reestablishing disturbed vegetation, and \\...
applYing topsoil, seed and an erosion blanket over trenched areas. rj
5 The Grantors shall promptly notify the City of any failure of the City to properly
restore any area(s) in accordance with paragraph 4 of this Agreement, provided,
however, that the Grantors' failure to promptly notify the City of any such
improper restoration shall not release the City from its restoration obligations
under this Agreement. Upon giving notice of any improper restoration, the
Grantors shall provide the City the reasonable opportunity to cure and remedy
any deficiency
6 The Grantors reserve and shall retain the right to the undisturbed use and
occupancy of the Easement Area insofar as such use and occupancy is
consistent with and does not impair any grant to or right of the City under this
Easement Agreement.
7 The City shall have and exercise the right of subjacent and lateral support only to
the extent necessary for the support of the Improvements It is specifically
agreed between the Parties that the Grantors shall take no action which would
impair the lateral or subjacent support for any structure installed by the City
within the Easement Area,
8 The easement granted by the Grantors shall be perpetual so long as the
Easement Area is used by the City for the purposes described in this Easement
Agreement. The Grantors shall have the right, on and after one year following
removal or abandonment by the City of the Improvements, to request the City to
execute and permit recording of such instruments reasonably required to
extinguish the easement, which request shall not unreasonably be denied
9 Each and every one of the benefits and burdens of this Easement Agreement
shall inure to and be binding upon the respective legal representatives, heirs,
executors, administrators, successors and assigns of the Parties to this
Easement Agreement. All covenants herein shall apply to and run with the land
10 The Grantors do hereby covenant with the City that they are lawfully seized and
possessed of the real estate above described and that they have a good and
lawful right to convey it or any part thereof.
11 Nothing contained in this Easement Agreement is intended to or shall create a
contractual relationship with, cause of action in favor of, or claim for relief for, any
third party. Absolutely no third party beneficiaries are intended by this Easement
Agreement. Any third-party receiving a benefit from this Easement Agreement is
an incidental and unintended beneficiary only
12 This Agreement shall be interpreted according to the law of the State of
CNB\53027\428564.03
2
Colorado Venue for any action anslng under this Agreement shall be in the
appropriate court for Jefferson County, Colorado
13. This Easement Agreement constitutes the whole agreement between the Parties 'J
and no additional or different oral representation, promise or agreement shall be
binding on the Parties with respect to the subject matter of this Easement
Agreement.
14 Nothing in this Easement Agreement is intended to waive any protection
afforded to the City, its officials, employees, and agents by the Colorado
Governmental Immunity Act, C.R.S S 24-10-101 et seq. or any other applicable
law providing immunity to the City, its officials, employees, and agents
15 Each provision of this Easement Agreement is intended to be severable. If any
provision of this Easement Agreement is declared illegal or invalid for any
reason, such illegality or invalidity shall not affect the remainder of this Easement
Agreement.
REMAINDER OF PAGE LEFT INTENTIONAllY BLANK, SIGNATURE PAGE TO FOllow
CNB\53027\428564.03
3
IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the
day and year first written above.
GRANTORS:
L~~~ E N~IROW
.1 IV{..~~
CITY OF)~'il:l!;:AT RIDGE:
/ " 0
By'
\
~NNE KADISH
(~ M~ \~
I
ATT ST.
BY' ~'Y'-~"^ (:J ,"cv,
Wanda Sang, City Cletk
( 1 )~~
, \ - - ')
::p~~~;:~
Gerald E Dahl
Wheat Ridge City Attorney
STATE OF COLORADO
ss
County of Jefferson
-, The foregoing easement was acknowledged before me this Lll!, day of
_,d ",(LIe '!- fit ' 2003, by Gretchen Cerveny as Mayor, and Wanda Sang as City Clerk,
Glf the City Wheat Ridge
ss
Witness my hand and official seal
My commission expires
STATE OF COLORADO
County of Jefferson
"\ . ''''"155100 Expires 04/1612006
n The foregoing easement was acknowledged before me this <1 day of
itll1,uQ"{f , 2003, by Laurence E Nemirow and Joanne Kadish
Witness my hand and official seal
MADONNA M ~t~iSsion expires
NDT/\R'l PUBLIC .
_?_I_~:1!=.. OF LOLORAOO
----...- _____...__ I
\liv fom'nis",ioo hnirp. "., '),1 7005
{)/~).Lf- (t)
ht JJ d {hut ()J he;*o <'v
Notary Public .
CNB\53027\428564.03
4
EXHIBIT A
A tract of land lying in the SE~ of Section 29, Township 3 South, Range 69 West of the
6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado,
described as
~
A portion of that parcel of real property as recorded at Reception Number 92094869 in
the official records of said County of Jefferson, State of Colorado, more particularly
described as
Commencing at the NW Corner of the SE~ of Section 29, thence N89029'16"E on and
along the North line of the SE~ of said Section 29, a distance of 565 70 feet; thence
SOo030'44"E, a distance of 500.79 feet to the Point of Beginning,
Thence S41023'30"W, a distance of 8.00 feet; thence N48036'30"W, a distance of
161 67 feet; thence N78030'4T'W, a distance of 64 59 feet to a point, said point being
on the easterly Right-of-Way line of Vivian Street; thence N10053'30"E on and along
said easterly Right-of-Way line, a distance of 1 0 00 feet; thence S78030'47"E, a
distance of 63.35 feet; thence S48036'30"E, a distance of 167,82 feet to the Point of
Beginning,
Said tract containing 1,957 square feet or 0 0449 acres, more or less
NOTE: All bearings are relative to one another and are based on the bearing of the
North line of the SE~ of said Section 29 being N89029'16"E.
The drafter of this description is David F Brossman, PLS., prepared on behalf of the City of Wheat
Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80033 and is not to be construed as representing a
monumented land survey
CNB\53027\428564.03
5
NOTICE TO PROCEED
TO
WYCON CONSTRUCTION
PO BOX 405
BROOMFIELD, CO 80038
\ '7
-.\(
FROM. CITY OF WHEAT RIDGE DEPARTMENT OF PUBLIC WORKS
RE. 2002 MISCELLANEOUS DRAINAGE, PROJECT #, RFB-02-056
You are hereby notified to commence Work in accordance with the Agreement dated
Dc...TOt')e.2:. 14+l-- ,20oZ., on or before ":::'~uAi!-'1 (Q-tJ.. ,~andyouare
to complete the Work within FIFTEEN (15) WORKING DAYS, (TWENTY r201lF ALTERNATE SITE FOUR IS
CONSTRUCTED). The date of completion of all Work is ~AN vA.ey .:~, s.* , 20~.
Dated this ~day of
By
Title
L
********
-;!
<!..
"".,'
:f.'.-~
(J
c::
o
b
z
~
(f)
o
~
ffi
B'.
~
;0:'
2
l:
C;;
ACCEPTANCE OF NOTICE
Receipt of the above Notice to Proceed is hereby ackrwwledged by (Company name) W ~ 00y\ Canst,
on this 1,.j.1,." day of Ue..(.Q V'('I 1)-(' y , 20 02..
Printed Name
Robeyt S~\X)lc
to t~ 1J~k
'J\ L.l.- 9re5i~
Signature
Title
!
,... .~,
t~~.~a ...,# 4
:>-
e
o
~
23