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RECORDED IN JEFFERSON COUNTY, COLORADO
CORRECTION
EASEMENT AGREEMENT
(Distributor Performance Non-Exclusive)
THIS AGREEMENT is made as of the ~~ day of February, 2004, between
CITY OF WHEAT RIDGE, 7500 West 29th Avenue Wheat Ridge, Colorado, called
"Grantor" herein whether singular or plural, and WHEAT RIDGE WATER DISTRICT
herein called the "District" whose legal address is 6827 West 38th Avenue, Wheat ;5
Ridge, Colorado 80033. f./
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 right to enter, reenter, occupy and use the property
situate in the County of Jefferson, State of Colorado, and more fully described on
Exhibit" A" and Exhibit "B" attached hereto and incorporated herein by reference
(collectively referred to herein as the "Property") to construct, lay, install, inspect,
monitor, maintain, repair, renew, substitute, change the size of, replace, remove I
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
required by the District. This Corrected Easement is given to correct and replace
that Easement Agreement executed by the Parties as of September 8, 2003 and
recorded in the records of the Jefferson County Clerk and Recorder on
September 12, 2003, at Reception Number F1864009 and re-recorded on
January 14, 2004 at Reception Number F1943352.
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 goods or equipment, or the construction or placement of arty
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
GED\5302.7\3541 Z7.5
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 7 hereof,
may be removed by the District at the District's expense, without liability for J--
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 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 pipeiine. Grantor shall 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 nearly 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.
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 one year 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
limitations of the Colorado Governmental Immunity Act C,R.S. 24-10-114.
GED\53027\354127 5
2
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, must be reviewed
and commented on in writing by the District before installation.
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 undisturbed 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, as the same may then be, free from the rights so abandoned or
released and shall own all material and structures of the District so abandoned or
GED\53027\354127 5
3
GED\53027\354127.5
APPROVED AS TO FORM: (
8y{J!!~!/ (!@JaI))
Ger~E. Dahl Ii
Wheat Ridge City Attorney 1
5
released, but nothing herein shall 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 lj
grant herem 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 everyone of the benefits and burdens of this Agreement
shall inure to and be binding upon the respective legal representatives, heirs,
executors, 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:
WHEAT RIDGE WATER DISTRICT
CITY OF WHEAT RIDGE
BY:~C~ ~,B~
,::>". T'R.~5)Je..lIlt , ':l-'-t-o'j
:
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':APPRO\7'EtrA$ TO FORM:
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ATTEST:
GED\530Z7\3541 Z7 5
4
County of Jefferson
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ACKNOWLEDGEMENTS
STATE OF COLORADO
My Commission Expires 11/1212006
The foregoing easement was acknowledged before me this tjl:!1 day of
~Lrtf: ' 2004, by Gretchen Cerveny as Mayor, and Pamela Anderson as
City Clerk, of the City of Wheat Ridge
Witness my hand and official seal.
My commission expires
N (Jfli IJ1 fur / :< 0:1 ctJ (p
Q~Jz 1L'CLLj- ~
Notary Public
STATE OF COLORADO
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) ss
)
County of JEFFERSON
The foregoing easement was ac;:l<nowledged before me this 4th day of
FEBRUARY , 2004, by C ~ -t..I ~..,~ ,President of Wheat Ridge
Water District.
Witness my hand and official seal
My commission expires
/ c/9. 3h.cc '7
~Ry kL/x)
Notary Public
GE0\53027\354127 5
EXHIB IT-A
Page I 01'3
PARCEL A
A parcel ofland Iymg wlthm the SE-l/4 of the SW-l/4 of SectIOn 14 and wlthm the 1
NE-l/4 of the NW-l/4 of SectIOn 23, Township South, Range 69 West of the 6th
PrIncipal MerIdian. Ctty of Wheat Rldge, County ofJefferson, State of Colorado. bemg
more partlClllarly desCrIbed as follows
Basis ofbeanngs for the herem descnbed parcellS the North Ime of the NW-l/4 of
SectIOn 23, as monllmented and shown on the attached dlagram.
Commencmg at the N-l/4 comer of said SectIOn 23, thence SS902S'55"W a dlstance
of 74 04 feet along the south lme of the SE-l/4 of the S W -1/4 of sald SectIOn 14 to the
Westerly Ime of Wadsworth Boulevard nght of way as descnbed m Book 447 at Page
554, thence N050 13' 55"E a distance of 260.34 feet long Said nght of way Ime to the
northerly Ime of the parcel descnbed m Book 1126 at Page 452, thence S75024'55"W a
distance of 340 73 feet along Said northerly Ime to the Pomt of Begmnmg. thence
S75024'55"W a distance of30 79 feet along the northerly Ime of said parcel described m
Book 1126 at Page 452. thence SOl 032'55"E a dlstance of75 54 feet along the westerly
lme of smd parcel. thence S03 043' 15"E a distance of 169 74 feet; thence S 14055" 16"E a
distance of 132 47 feet; thence S33055'12"E a distance of 55 72 feet to the northerly Ime
of Lot I, Johnson Heights SubdlvlslOn, thence N7s049'4S"E a distance of32 53 feet
along said northerly lme; thence N33055' 12"W a dlstance of 63.28 feet; thence
N 14055'16"W a dlstance of 124 50 feet: thence N03043' 15"W a distance of 166.23 feet.
thence NO I 032' 55"W a distance of SI 91 feet to the Pomt of Begmnmg, contammg an
area of 13.040 SQuare feet more or 1e~~
The above descnptlOn was prepared under my dlrect superVISion.
Douglas R. Berlmg, PLS 34594
- ~
EXHIBIT -A
Page:2 of3
PARCEl B
A parcel ofland lymg wIthm the NE-1/4 of the NW-1/4 of SectIOn 23. TownshIp
3 South. Range 69 West of the 6th PrIncIpal MerIdIan, CIty of Wheat RIdge. County of ?
Jefferson. State of Colorado. more partIcularly described as follows
(BasIs ofbeanngs for the herem descnbed parcells the North Ime of the NW-l/4 of
Section 23, as monumented and shown on the attached dIagram)
Commencmg at the N-1/4 comer of saId SectIOn 23, thence SOoolO'12"E a
dIstance of 300 93 feet along the N-S centerlme of saId SectIon 23 to the northerly Ime of
the parcel described m Book 464 at Page 346 of the Jetlerson County records, thence
578006' 5TW a dIstance of266 55 feet along smd northerly Ime to the Pomt of
Be\2Jnmng; thence S78006'5TW a dIstance of30 66 feet along smd nOl1herly Ime
extended westerly to the east Ime of Lot 1, Johnson HeIghts SubdIVISIon, thence
NOool 0'12"W a dIstance of 103 35 feet along saId east Ime, thence S50040'12"E a
dIstance of 38 88 teet; thence SOOo lO'l2"E a dtstance of 72.27 feet to the Pomt of
Begmmng. contamlllg an area of 2,634 square feet more or less
The above descnptlOn was prepared under my dIrect supervIsIon.
Douglas R. Berlmg, PLS 34594
EXHIBIT-A
Page3 of 3
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\
STATE
HIGHWAY
BK. 1560,
PC 418
STATE HIGHWAY
BK. 1803, PC.
652
STATE HIGHWAY
BK. 1050, PC. 299
REC. NO 93196880
ARVEX PROPERTIES, INC.
501'.32'55"E
75.54'
NW COR NE-1/4, NW-1/4,
SEC. 23
FND 2" ALUM. CAP
PLS 23516. 199
.... ~
\0 CD
\0
CITY OF i!:
WHEA TRIDGE a:::
JOHNSON PARK ~
BK. 1126, PC. 452 (/)
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...,
S03'43'15"E
169.74'
-~-
-----
---- R.O~W.
BK 1229,
N89'28'55"E 1321.25' PC 212
_ North Line, NW-l/4, Section 23
* Basis af Bearings S89'28'55.W
i-.> 74.04'
~ N-1/4 CORNER, SECTION 23
FND 3-1/4" BRASS CAP
LS 13212. 1984
CI TY OF IN RANGE BOX
WHEA TRIDCE
JOHNSON PARK
BK. 1169, PC. 558
N33'55'12"W
63.28'
./
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PARCEL A
EASEMENT
CONTAINING
13,041 SQ, FT,
S14.55'16"E
132,47'
..J L
, r
SCALE: 1"=
$00'40'12"[
38.88'
PARCEL 8
EASEMENT
CONTAINING
2,634 SQ. FT,
S0010'12"E
72.27'
S 78.06' ";)1"'"
POINT OF
BEGINNING
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5
....
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LOT 1
LOT 4
UNPLATTED
Bk. 464, P9. 346
\
JOHNSON
HEIGHTS
W, 481H AVE. (50' R.O,W,)
0240 /esm t- city.dwg
I
Feb. 2, 2004 DRB
EXHIBIT-B
Page 1 of2
A parcel of land shown as "Reserved for Road" at the northeast corner of Lot L
Johnson Heights sttuated m the NE-l/4 of the NW-l/4 of SectIOn 23, Township 3 South,
Range 69 West of the 6th Pnnclpal Mendlan, City of Wheat Ridge. Count) of Jefferson,
State of Colorado, bemg more particularly descnbed as fo\lovvs
;0
(BasIs of bearings for the herem described parcells the North line of the NW-1/4 of
SectIOn 23, bearmg N89028'55"E as monumented and shown on the attached diagram)
C ',mme!1cmg at the N-I/4 corner of said SectIOn 23, thence SOoo 1 0' 12"E a
distance of 491 08 feet along the N -S centerlme of Said SectIOn 23 to the northerly lme of
the West 48th Avenue (Johnson Court) nght of way extended easterly; thence
589049' 48"W a distance of 291 00 feet along said extended northerly nght of way line
and along Said nght 0fwa) Ime to the southeast comer ofsmd Lot 1, thence
:'-moo 1 0' 12"W a distance of 1 04 16 feet more or less. along the east lme of smd Lot 1 to
the southernmost corner of the parcel "Reserved for Road" as shown on the plat of
Johnson Helghts and the Pomt of Begmmntr; thence NOOo 1 0' 12"W a distance at 51 ~4
feet along said east Ime to the northeast corner ofsmd parcel, thence S78049'48"W a
dlstance of 51 84 feet along the north lme of said parcel to the northwest corner of smd
parcel, thence S50040'ITE a distance of 65 95 feet along the southwesterly lme of satd
parcel to the Pomt of Begmnm?, contammg an area of 1.319 square feet more or less.
The above descnptlOn was prepared under my dlrect supervlSlon
Douglas R. Berlmg, PLS 34594
EXHIBIT-B
Page 2of2
((
NW COR NE-1/4, NW-1/4.
SEC. 23
FND 2" ALUM. CAP
PLS 23516, 1995
N89'28'5S"E 1321.25'
North Line, NW-1/4, Section 23
Basis of Bearings
N-1/4 CORNER, SECTION 23
FND 3-1/4" BRASS CAP
LS 13212. 1984
IN RANGE BOX
UNPLATTED
Jobnson Pork
~~
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lD~
0:;
~::;
gs:;: .
~ ~ I~
(/) 0:: 0>
O~ '*"
~
.J L.
-, r
SCALE. 1 "= 100'
EASEMENT
CONTAINING
1,319 SQ. FT.
S78' 49' 48"W
51.84'
Point of BeQinninQ
Southernmost Comer
Roadway Parcel
w
.
N
b
r
18
Ul
LOT 3
LOT 2
LOT 1
:;:
.
N
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r
o
o
z
UNPLA TTED
LOT 4
JOHNSON
HEIGHTS
S89"49'48"W 291.00'
W. 48TH AVE, (50' R.O.W,)
0240\esmt-triongle.dwg Feb. 2, 2004 DRB
INDEMNITY AND AGREEMENT TO HOLD HARMLESS
THIS INDEMNITY AND AGREEMENT TO HOLD HARMLESS, IS gIven by the
WHEAT RIDGE WATER DISTRICT ("Permittee") to the City of Wheat Ridge, Colorado, Its 1
officers, agents and employees (heremafter collectIvely, the "City"). as of the date mdlcated / rr-
below
WHEREAS, the City and Permittee have entered mto a Corrective Easement Agreement
as of February 3, 2004, which grants an easement to the District over and across real property
which may be owned by the City, the legal descnption of whIch is attached hereto as an exhibIt
and is fully incorporated herem by thIS reference (the "Property")
NOW THEREFORE, in consideration of the City's grant of the Easement over the
Property, Permittee agrees as follows'
1. Permittee, for itselt~ ItS legal representatIves, successors, heirs and assigns, agrees to
indemmfy and hold harmless the City from and against any and all claims, damages,
losses, or court awards, including attorneys' fees, that are or may be awarded against the
CIty as a result of any loss, injury or damage sustamed or claImed to have been sustained
by anyone, mcludmg but not limited to, any person, firm, partnership or corporation. in
connection with or ansing out of ownershIp of the Property or the mtentional or neghgent
acts or omiSSIOns of Permittee in any way related to Permittee's use or occupatIon of the
Property pursuant to the CorrectiVe Easement Agreement.
") In the event a legal claim within the scope of this Indemmty is threatened or tiled, the
CIty may elect to eIther- (a) assign legal counsel of its own choosing. or (b) require
PermIttee to retain legal counsel to represent the City against the claim.
3. Permittee agrees to pay all costs and fees related to the City's defense regardless of whIch
option the CIty mvokes under Section 2 of this Indemnity.
4 ThiS lndemmty shall survive the termination. revocation or eXpiratIon of the Corrective
Easement Agreement.
Given this 4th day of February, 2004
~ ..., ""; (
WHEA T RIDGE WATER DISTRICT
II .,
j .,.
- /
By: ~~~.D~
J .
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- .
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,
, _~ _. 1
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President
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GED\53027\465047 1
APPROVED AS TO FORM
STATE OF COLORADO
County of JE?FERSON
~--
)
) SS.
)
The foregoing easement was
FEBRUARY . 2004, by C~
District.
Witness my hand and official seal.
My commissIon expires:
GED\53027\4b5\l47 I
before me thIs 4th day of
, PresIdent of Wheat Ridge Water
/ C /;l 3) QeD '1 /)
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-NOtary PublIc v
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