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Home My WebLink About0523 11111111111111111 II/II 111111111111111 I1II1 1111111111 11111111 ~: ~ : 0 g 0 2005115573 EASE 11/16/2005 02:42:29 PM 4 Page(s) Jefferson County, CoLorado EASEMENT AGREEMENT (~/ tj 0-\ .,.11 )J THIS EASEMENT AGREEMENT is made this ~Clay of tJv~l1gijL , 2005, betw.eep WILL~M KENNETH HALL, ("Grantor") whose legal address is / /3 t7 I tlj. +1'- :tI -4 y b Wheat Ridge, Colorado 80033, and the CITY OF WHEAT RIDGE, a Colorado municipal corporation (the "City") whose legal address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033. i \/ WITNESSETH: For ten dollars ($10,00) and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, Grantor hereby grants to the City, 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 depicted on Exhibit B, attached hereto and incorporated herein by reference (the "Property"), for the following purposes: 1. Access at all times for ingress and egress for pedestrians, sedans, pickup trucks and sport utility vehicles. 2, Access dunng emergencies for all motor vehicles and equipment of any kind or nature, including snow plow trucks and equipment. For the purposes of this subparagraph 2, "emergencies" shall include a mechanical failure of the primary gate system or a condition in which the gate is blocked for any reason, for the adjacent property of the City, described as Lot C, Hall Subdivision, Jefferson County, Colorado 3. InstallatIOn, maintenance, repair, relocation and reconstruction of utility lines for water, sanitary or storm sewer, gas, electric, telephone, and data cable. IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the parties as follows: 1. The City 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 any structure or building, street light, power pole, yard light, mailbox or sign, temporary or permanent, or the plantmg of any tree, woody plant or nursery stock, of any kind, on any part of the Property. 3. The City shall have and may 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 pipeline. Grantor shall not modify the earth cover over a City water pipeline without advance written authorization from the City, which shall provide for full payment or reimbursement to the City of all costs of adjusting City facilities made necessary by such modification. 4. After any construction or other operations by the City which disturb the surface of the Property, the City will restore the general surface of the ground 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 City facilities, ' 5. 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. 6 Grantor warrants that It has full right and lawful authority to make the grant ~ herein contained, and promises and agrees to defend the City in the exercise of its rights hereunder agamst 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. 7. Each and everyone of the benefits and burdens of this Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, admmistrators, successors and assigns of the parties hereto. 8 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. GRANTOR: t.C/~.__~ If! ~zt ~ William Kenneth Hall COUNTY OF JEFFERSON ) ) ss. ) STATE OF COLORADO The foregoing instrument was acknowledged before me by William Kenneth Hall on C)cT(J6UL. /1-,2005, [S 4- -/7' - ;z en) 1 ~JlIU ::ry OF WHEAT RIDGE, Cy ~ - :3~..\ s. t;, . \. "< ~ ~~~J~ \ (j '\\0-.) \ , '. /Pamela Anderson, City Clerk -,' . J Larry Schulz, Mayor pro tern (, ) ..J-' , .~ L-:J I : 1...... ,- ( , . " ,-i .. , " i'~... - ~ "",~"- ~ ,;) 'r", ',:,~ "_.-' : CAK\53377\27792901 2 ACCESS AND UTILITY EASEMENT EXHIBIT A A PARCEL OF LAND BEING A PORTION OF THE JEFFERSON COUNTY TRACT OF HALL 1; SUBDIVISION, RECORDED JUNE 27, 1977 UNDER RECEPTION NUMBER 891683 OF THE RECORDS OF JEFFERSON COUNTY, STATE OF COLORADO SAID PARCEL SITUATED IN THE NORTHWEST ONE QUARTER OF SECTION 2, TOWNSHIP 3 SOUTH, RANGE69 WEST OF THE 6TII PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, DESCRIBED AS FOLLOWS COMMENCING AT THE WEST ONE QUARTER CORNER OF SAID SECTION 21, THENCE N 55054'59" E A DISTANCE OF 1190.90 FEET TO THE SOUTHWEST CORNER OF SAID HALL SUBDIVISION SAID POINT BEING THE TRUE POINT OF BEGINNING; THENCE ALONG THE WESTERLY LINE OF SAID HALL SUBDIVISION, N 0024'47" W, A DISTANCE OF 489.98 FEET; THENCE N 89035'13" E, A DISTANCE OF 15.00 FEET TO THE NORTHWEST CORNER OF TRACT B OF SAID HALL SUBDIVISION, THENCE S 0026'6" E, ALONG THE WESTERLY LINE OF TRACTS A AND B OF SAID HALL SUBDIVISION, A DISTANCE OF 489.98 FEET TO THE SOUTHWEST CORNER OF TRACT A SAID HALL SUBDIVISION, THENCE S 89013'40" W, A DISTANCE OF 15 19 FEET MORE OR LESS, TO THE TRUE POINT OF BEGINNING SAID PARCEL CONTAINS 7395.68 SQUARE FEET, 0 17 ACRES, MORE OR LESS NOTE: All bearings are relative to one another and are based on the bearing of the West line of the NW 1/4 of said Section 21 being N 00031 '40" W The drafter of this description is Mr Charles H. Braden, prepared on behalf of the City of Wheat Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80033-6713 and is not to be construed as representing a monumented land survey POINT OF COMMENCEMENT WEST ONE QUARTER CORNER OF SECTION 21 I Tract C ~ I b TJ1 0:4 0:4 0 ~ I I Tr ct B I -J -J I f0? I s C\j 0> I g I I ";C\j L[) . '------' I .Q I Tract A I I AVE.----- CITY OF WHEAT RIDGE DEPT. OF PUBLIC WORKS ENGINEERING DIVISION ACCESS & UTILITY EAS EM ENT EXHIBIT B ~