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HomeMy WebLinkAbout0506 RECEPTIOII 110. I" 1. B b 'f '.} () ,) 9/12/2003 14:52:01 PG: 001-005 PG FEE: 26.00 STATE DOC.FEE: 0.00 RECORDED IN JEFFERSON COUNTY, COLORADO EASEMENT AGREEMENT d Li (- C (Distributor Performance Non-Exclusive) THIS AGREEMENT is made this y;;zzt da'! of September, 2003, between CITY OF WHEAT RIDGE, 7500 W 29th Ave Wheat Ridge, Colorado, called "Grantor" (.../ herein whether singular or plural, and WHEAT RIDGE WATER DISTRICT herein called the "District" whose legal address is 6827 W 38th Avenue, Wheat Ridge, Colorado ~lgtJ 80033 ~~ Ir;j Ii / \ '--J ?- m ~ :z: o ~ <( ~ WITNESSETH For good and valuable consideration, the receipt and sufficiency whereof are acknowledged, Grantor hereby grants to the District, its successors and assigns, a permanent non-exclusive light to enter, reenter, occupy and use the property situate in the County of Jefferson, State of Colorado, and more fully described on Exhibit "A" attached hereto and incorporated herein by reference (the "Property") to construct, lay, install, inspect, monitor, maintain, repair, renew, substitute, change the size of, replace, remove, and operate one or more underground water pipelines and all underground and surface appurtenances thereto, including electric or other related control systems, underground cables, wires and connections and surface appurtenances in, through, over and across the Property By way of example and not by way of limitation, the parties intend to include within the terms "pipelines" and "appurtenances" the following mains and conduits, valves, vaults, manholes, hydrants, control systems, ventilators, and the like, of such size and capacity as necessary or I equired by the District. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows 1 The District shall have and may exercise the right of ingress and egress in, to, over, through and across the Property for any purpose needful for the full enjoyment of any other right of occupancy or use provided for herein 2 Grantor shall neither cause nor permit the parking or storage of vehicles or other gOOG3 or eq~ipment, or the construction or placement of erty structure or building street light, power pole, yard light, mailbox or sign, temporary or permanent, or the placing of any tree, woody plant or nursery stock, of any kind, on any part of the Property Where paved roadways are installed on all or any part of the surface of the Property they shall be installed and maintained by Grantor on and over the entire width thereof, with no planters, islands or median structures The lateral edges of the Property shall be clearly delineated by permanent surface features approved in advance by the District. Any prohibited use or installation owned by Grantor located on the Property as of or after the date of this Agreement, including utility installations not conforming to Paragraph 8 hereof, may be removed by the District at the District's expense, without liability for damages arising therefrom 3 Fences existing as of the date hereof which are disturbed or destroyed by the District in the exercise of its rights hereunder shall be replaced by the District to their MMM\53027\354127 4 original condition as nearly as may reasonably be done Grantor shall not, however, construct or Install new fencing across or within the Property without prior written review and comment of the District 4 All pipelines installed within the Property shall be laid not less than four ,} and one-half feet below the surface of the adjacent ground 5 The District shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or desirable for the full, complete and unmolested enjoyment of the rights herein granted Grantor shall neither take nor permit any action which would impair the lateral or subjacent support for any water pipelines or appurtenances or cause the earth cover over any water pipeline within the Property to be less than four and one-half feet or more than ten feet, measured vertically from the top of the plpeiine Grantor snail not modify the earth cover over a District water pipeline without prior review and comment from the District. District is responsible for all costs of adjusting District facilities if necessary if modification is made to the earth cover 6 After any construction or other operations by the District which disturb the surface of the Property, the District will restore the general surface of the ground, including paying and authorized appurtenances, as neariy as may reasonably be done to the grade and condition it was in immediately prIor to construction, except as necessarily modified to accommodate District facilities The District must meet all specifications required for street cut permits in the compaction and testing of soil replaced in the parking lot. Topsoil shall be replaced in cultivated and agricultural areas, and any excess earth resulting from installations by the District shall be removed from the Property at the sole expense of the District. For a period of two years following disturbance of the surface of the Property by the District, the District will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that may occur as a result of the work done by the District to the Grantor's satisfaction 7 The District 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 District or of its agents or employees resulting in such loss or damage Said indemnification is limited to the monetary limit;:Jtions of the Colorado Governmental Immunity Act C R.S 24-10-114 8 Service lines from adjacent properties receiving service from District facilities in the Property, and other public utilities such as sanitary sewer, storm sewer, gas, electric, and telephone, but not cable TV lines, may be installed in the Property, provided that they do not interfere with the District's rights herein granted Public utilities which cross the Property shall cross at approximately right angles, and utilities which parallel the District's facilities shall not be located closer than ten feet thereto, Except for utilities as herein authorized and for roadways, all surface and subsurface uses of the Property, including fences, be submitted to the District in writing for review and comment in writing by the District before installation MMM\53027\354127 4 2 9 The District is required to submit in writing two week advance notice of work with a schedule and description of the work to be performed 10 The District is responsible for obtaining all necessary State and Federal) permits and clearances for work to be performed -- 11 The District is responsible for traffic control plans in the park during construction as well as COOT plans and permits for traffic control and signage on Wadsworth Blvd 12 Grantor retains the right to the undisturoed use and occupancy of the Property insofar as such use and occupancy are consistent with and do not impair any grant or covenant herein contained 13 Grantor shall have the right, on and after one year following removal by District of all its facilities from the easement and cessation by the District of any use of the easement, to request the District to execute and permit recording of such instruments reasonably required to extinguish the easement, which request shall not unreasonably be denied 14 The District is acquiring its rights in the Property in order to insure to it a dominant easement for the exercise of the District's functions The exercise of any rights in the Property other than those expressly retained by Grantor shall be within the discretion of the District. The District may permit and authorize such other uses of the Property not reserved in Grantor as will not impair the District's dominant rights, upon payment of reasonable compensation to the District and upon such terms, limitations and conditions as the District shall find reasonably necessary to protect its dominant right of occupancy without undue or unnecessary injury to or impairment of the estate retained by the Grantor 15 If the District, by written instrument, abandons or releases its rights herein granted and ceases to use the same, all right, title and interest of the District hereunder shall cease and terminate, and the Grantor or its successors in title shall hold the Property, 3S the same may then be, free from the rights so abandoned or reieased and shall own all material and structures of the District so abandoned or released, but nothing herein shail be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the District at the time of the termination of the District's rights 16 Grantor warrants that it has full right and lawful authority to make the grant herein contained, and promises and agrees to defend the District in the exercise of its rights hereunder against any defect in title or in Grantor's right to make said grant, subject to general taxes for the year this instrument is recorded, and subject further to easements, encumbrances, exceptions, limitations, restrictions and reservations contained in instruments of record prior to the date of this Agreement. 17 Each and every one of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, MMM\53027\354127 4 3 administrators, successors and assigns of the parties hereto and all covenants shall apply to and run with the land 18 This writing constitutes the whole agreement between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this instrument. Any special provisions added hereto which conflict with printed provisions set forth above shall control and supersede such conflicting printed provisions ~ IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first above written DISTRICT GRANTOR. By' C~~bd~t- R.ES dEN! , CITY OF WHEAT RIDGE ----------- /~ C 0;/ ;' ..- /L B . Le' ~", l. I .):~:!.// Li ,\ . Gretchen Cerveny, ~ WHEAT RIDGE WATER DISTRICT APPROVED AS TO FORM ATTEST' By' G aid E Dahl Wheat Ridge City Attorney By' District Legal Counsel By" y; Wanda Seng, City Cle . " .... ~ ~ : (" ~ ,-j. ~ , . - .. ,.. .: .. :~ .:- ..... '" -" ~. -" \ ,,~......- ')1 \".., MMM\53027\354127 4 4 County of Jefferson My Commission Expires 11/1212lD ~ The foregoing easement was acknowledged before me this 'tyfL day of luiYlULl ,200V,5by Gretchen Cerveny as Mayor, and Wanda Sang as City Clerk, of the City of Wheat Ridge ) ) ss ) 5/ ACKNOWLEDGEMENTS STATE OF COLORADO Witness my hand and official seal My commission expires Ai CYl( IV1 b.t..-.L /.2 d {;7 D (; , Q[~~ ~ ~ Notary Public STATE OF COLORADO ss County of JEFFERSON The foregoing easement was aCk~re me this 12th day of SEPTEMBER , 2000, by C ~!VV\LO' , President of vVheat Ridge ;~H~~.WATER DISTRICT Witness my hand and official seal My commission expires - 7 '-- /' 1 /) '- r"~ /1(1 ((_ C L N0tarY Public .. ~ \ , ~ ., ~ ' KATHY L. PASCHALL NOTARY PUBLIC STATE OF COLORADO , , . ~. '\ r ?- ~, ~_. _j _ 4 to i -,' -~ . 'j it "0. I . , 'I\,' : _ ,~ ..t,.\\....~,'\...~. . My Commission Expires 1/22/2008 MMM\53027\3541274