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HomeMy WebLinkAbout0534 I 111111 Ifllllllll 1111111111 11111 IIII1 11111111111111111111111 ~: b ~ 0 g 0 2008030467 EASE 04/01/2008 09:47:18 AM 15 Page(s) Jefferson County, CoLorado EASEMENT AGREEMENT J(;O 1Lo THIS EASEMENT AGREEMENT (this "Agreement") is made as of January 23, 2008, by and between COORS BREWING COMPANY, a Colorado corporation ("COORS") and the City of Wheat Ridge, a municipal corporation of the State of Colorado ("Grantee"): WITNE SSE TH: / /\~ WHEREAS, COORS is the owner of that certain real property located in portions of Section 19, Township 3 South, Range 69 West ofthe 6th P.M., in the County of Jefferson, State , of Colorado (the "Property"); and WHEREAS, Grantee desires to construct, install and maintain an underground storm water pipeline within that portion of the Property described in the Property legal descriptions and depictions attached hereto as Exhibit A and incorporated herein (the "Easement Property") and consisting of a legal description for a portion of the Easement Property labeled UE-29A (page I), a depiction ofUE-29A (page 2), a second legal description for the remaining portion ofthe Easement Property labeled UE-27 A (page 3) and a depiction ofUE-27 A (page 4). The Easement Property is generally depicted on the sketch attached hereto as Exhibit A-1; and WHEREAS, COORS is willing to grant to Grantee rights and easements upon and within the Easement Property in accordance with the terms ofthis Agreement (the "Easement"). NOW, THEREFORE, the parties agree as follows: 1. Grant of Easement. (a) COORS hereby grants and conveys to Grantee the nonexclusive right and easement to lay, construct, reconstruct, replace, repair, maintain, operate, and remove an underground pipeline and appurtenances thereto for the purpose of storm water drainage (the "Improvement"). (b) The term of the Easement shall commence on the date set forth above. COORS shall have the right to earlier terminate this Easement only if it determines in its sole reasonable discretion, that Grantee has changed its use of the Easement, as such use is described in Section I(a) above. ( c) Grantee shall pay any and all costs of: (i) permitting, constructing, maint~ining and repairing the Improvement; and (ii) upon completion of construction and installation of the Improvement, returning and restoring the Property as nearly as possible to its original condition and to a condition satisfactory to COORS. 2. Consideration for Easement. No consideration shall be paid for the grant of the Easement. Coors and Grantee acknowledge that the undertakings of Grantee contained in this Agreement are an essential component of the consideration for the grant of the Easement by COORS. 3. Acknowledlllilent and Accentance of Risk. Grantee acknowledges that: (i) certain water lines, utilities and points of access, vital to the continuous and uninterrupted operation of COORS' business may be intersected or affected by the subject Easement and the Easement Property and (ii) during construction, reconstruction or maintenance of the Improvements, Grantee shall take no action nor omit to take any action which would cause the quality of water discharged pursuant to permits obtained by COORS to be in violation oflimits prescribed by such permits. Grantee expressly and knowingly agrees, covenants and promises to accept all responsibility for injury to or death of any person, damage to any property or disruption or interference with the operation, use or enjoyment of the Property or COORS' business (whether located on or off the Property) or penalties incurred by COORS resulting from or arising in any way out of the construction, installation, operation, maintenance or failure to maintain the Improvement. (y 4. Construction of Imurovement. Grantee shall construct the Improvement in a good and workmanlike manner and in accordance with all applicable Federal, state and local requirements and the drawings approved by COORS. Grantee shall cooperate with such representative of COORS and use reasonable efforts to minimize any interruption of the use and enjoyment of the Property and to prevent any interruption of the conduct of COORS' business, whether located on the Property or not. Nothing herein shall be construed to imply that COORS, by approving Grantee's plans and specifications, has liability associated with the design or construction of the Improvement for defects related thereto or failure to comply with applicable laws, or that the primary liabilities and obligations of Grantee shall not be limited or affected by such approval. Grantee shall furnish COORS with a copy of the "as built" plans and specifications upon completion of construction and installation of the Improvement. 5. Maintenance and Reoair of Imurovement. Grantee shall, at all times, operate and maintain the Improvement and all appurtenances located within the Easement Property in good condition in accordance with all applicable local, state and federal requirements and safety standards and in accordance with standard industry practice. Grantee shall immediately respond to any requests of COORS to inspect the Improvement for leaks or safety hazards and shall promptly repair any such leaks or other hazardous conditions within the Easement Property and within other property adjacent to the Property within which any portion of the Improvement is located. Grantee, its agents and employees, shall have the right to enter upon or cross portions of the Property (such portions to be designated or approved by COORS) to maintain, repair and replace the Improvement and appurtenances located within the Easement Property. Grantee shall promptly repair any damage caused to the Property or the Easement Property in connection with the exercise of Grantee's rights or Grantee's failure to observe its obligations under this Easement Agreement. Grantee shall compensate COORS for any damages, costs, losses and expenses incurred by COORS in connection with Grantee's exercise of its rights under this Easement Agreement or Grantee's failure to observe its obligations under this Easement Agreement. 6. Reservation bv COORS. The Easement and rights granted to Grantee herein shall be nonexclusive and shall, at all times and in all respects, be subject to COORS' rights, reserved herein, to use and enjoy the Easement Property for any and all uses and purposes COORS may elect, including, but not limited to, agriculture, landscaping (excluding trees), paving, parking, ingress and egress, fences (excluding masonry fences), walkways and other utility lines and equipment. COORS further reserves all rights not specifically granted to Grantee hereunder. Any such use and any structures or other improvements constructed or placed by COORS within the Easement Property shall not interfere with the safety, operation, maintenance, repair and/or replacement of the Improvement. COORS further reserves the right to relocate the Improvement and/or appurtenances to any other location within the Property in order to facilitate COORS' use of the Property, including the Easement Property, provided that COORS shall bear all expenses of such relocation and provided further that such relocation does not create any J hazardous conditions or unreasonably disrupt Grantee's use ofthe Improvement. COORS specifically reserves the right to construct and maintain and operate existing and yet to be constructed driveways, truck and trailer or automobile parking and staging areas, railroad yards, landscaping, material or commodity stockpiles, private or publicly owned utilities, pipelines or transmission lines for water, waste water, natural gas, telecommunications or electricity and other improvements anywhere within the Easement Property for the purposes of ingress and egress and utility service to and from the Property. 7. Indemnification. In this Section, COORS shall mean Coors Brewing Company, and its parent, subsidiary and affiliated companies and their respective officers, agents, representatives, and employees. Within the limitations imposed by the Colorado Constitution and Statutes, Grantee agrees to and shall indemnify COORS against, and hold COORS harmless from any and all claims (whether asserted or unasserted), losses, damages (including but not limited to damages for injuries or death of any person, and all damages to and destruction of property by whomsoever owned, including loss of use thereof or interruption of business associated therewith), violations of any rule, regulation, statute, ordinance or permit, to the extent resulting from Grantee's use of the Easement granted herein, including but not limited to the construction, use, maintenance, existence or removal of the Improvement or any related structure covered by this Agreement or the prosecution or omission of any activity, work or obligation undertaken by Grantee or required of Grantee by this Agreement in connection therewith, obligations, causes of action, suits, administrative actions, deficiencies, assessments, liens and liabilities of every kind (collectively "Claims"), including, without limitation, any pre- and post-judgment interest and any attorneys' fees, costs and expenses incurred in the investigation, defense, and settlement of such Claims to the extent resulting from the acts or omissions of Grantee, its agents, employees, affiliates, vendors, contractors, subcontractors or subagents, in connection with this Agreement, or arising from Grantee's breach of any obligation, representation, warranty or covenant contained in this Agreement. Grantee shall defend COORS against the foregoing, or litigation in connection with the foregoing, at Grantee's expense, with counsel reasonably acceptable to COORS. COORS, at its expense, shall have the right to participate in the defense of any claims or litigation and shall have the right to approve any settlement, which shall not be unreasonably withheld. The indemnification provisions of this Section 7 shall not apply to damages or other losses to the extent resulting from the negligence of COORS. All indenmification obligations shall survive termination, expiration or cancellation of this Agreement. 8. Insurance Coverage. Grantee shall secure and maintain (and shall require its contractors performing any of its obligations hereunder to secure and maintain) during the performance of its obligations under this Agreement and throughout the Term, at least the following types of insurance and minimum coverage: (a) Commercial General Liability Insurance, including Contractual Liability and Products/Completed Operations coverage with a combined single limit for bodily injury, death, personal injury and property damage of $10,000,000 per occurrence and $10,000,000 general aggregate, and $10,000,000 Products/Completed Operations aggregate; (b) Automobile Liability Insurance with combined single limit for bodily injury and property damage of $1 ,500,000 per accident; ( c) Statutory Workmen's Compensation and Occupational Disease Disability Insurance as required by law; and (d) Employer's Liability Insurance with limits of $1 ,000,000 for bodily injury by accident, each employee, $1,000,000 for bodily injury by disease, each employee, and $1,000,000 aggregate liability for disease. Prior to the start of construction of the Improvements or any work related thereto, Grantee shall furnish to COORS evidence of such insurance coverages in the form of Certificates of Insurance. Grantee shall require its contractors to name COORS as an additional insured on all insurance policies listed above and required hereunder. All Certificates of Insurance provided by Grantee's contractors shall provide that COORS shall be provided thirty (30) days written notice prior to any change, substitution or cancellation of such policies of insurance, which shall be "occurrence" policies rather than "claims made" policies and shall be issued by companies authorized to do business in Colorado and having a rating of A-X or better by A.M. Best Company. The foregoing requirements as to the types and limits of insurance coverage to be maintained by Grantee, and any approval or waiver of said insurance by COORS is not intended to and shall not in any way or manner limit or qualify the liabilities and obligations of Grantee pursuant to this Agreement. All certificates of insurance shall provide evidence of the type of policies being provided. Nothing herein shall waive any immunity or defense available to Grantee under the Colorado Governmental Immunity Act, CRS 24-10-101 et. seq. 9. Hazardous Material: Indemnitv. (a) Grantee shall not cause or permit any Hazardous Material to be brought upon, kept or used in or about the Property by Grantee, its agents, employees, contractors or invitees, without COORS' prior written consent. If Grantee breaches the obligations stated in the preceding sentence, or if the presence of Hazardous Material on the Property caused or permitted by Grantee results in contamination of the Property, or if contamination of the Property by Hazardous Material otherwise occurs for which Grantee is legally liable to COORS for damage resulting therefrom, then, within the limitations imposed by the Colorado Constitution and Statutes, Grantee shall indemnify, defend and hold COORS harmless from any and all claims (whether asserted or unasserted), judgments, damages, penalties, fines, costs, liabilities or losses which arise during or after the term hereof as a result of such use or contamination. This indemnification of COORS by Grantee includes, without limitation, costs incurred in connection with any investigation of site conditions or any cleanup, remedial, removal, or restoration work required by any federal, state or local governmental agency or political subdivision. Without limiting the foregoing, if the presence of any Hazardous Material on the Property caused or permitted by Grantee results in any contamination of the Property, Grantee shall promptly take all actions at its sole expense as are necessary to return the Property to the condition existing prior to the introduction of any such Hazardous Material to the Property; provided, however, that COORS' approval of such actions shall first be obtained, which approval shall not be ~ unreasonably withheld so long as such actions would not potentially have any material adverse effect on the Property. (b) As used herein, the term "Hazardous Material" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of Colorado or the United States Government. 10. Notice. Any notice, demand, consent, election, offer, approval, request or other communication (collectively, a "notice") required under or provided pursuant to this ~ Agreement must be in writing and either delivered personally, sent by overnight delivery courier, J or sent by certified or registered mail, postage prepaid, return receipt requested to the person designated below (the "Designated Representative") Notice shall be deemed given when received. A notice sent by facsimile will be deemed given when receipt by the receiving facsimile machine has been confirmed. A notice must be addressed as follows: To Grantee: Director of Public Works City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 With copy to: Office of the City Attorney City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 To COORS: Coors Brewing Company Coors Designated Representative Attention: Director of Real Estate Golden, CO 80401-0030 With a copy to: Coors Brewing Company Attn: Chief Legal Officer Law Department PO Box 4030, Mail Station NH335 Golden, Colorado 80401 II. Taxes. Grantee shall pay all taxes and assessments that may be imposed or levied on the Property as a result of any improvements constructed by Grantee. 12. No Liens. Grantee shall keep the Property free and clear of any mechanic's or materialmen's liens for labor performed or material furnished at the instance or request of Grantee or anyone claiming under Grantee. 13. No Partnershio. It is understood and agreed that nothing contained in this Agreement shall be considered in any way as constituting a partnership or joint venture between COORS and Grantee. 14. Survivabilitv. All covenants, indemnities, guarantees, representations and warranties by Grantee and any undischarged obligations of COORS arising prior to the expiration of this Agreement shall survive such expiration. '& 15. Enforceabilitv. Either Party's failure in anyone or more instances to insist upon strict performance of any of the terms and conditions of this Agreement or to exercise any right herein conferred shall not be construed as a waiver or relinquishment of that right or ofthat Party's right to assert or rely upon the terms and conditions of this Agreement. Any express waiver of a term of this Agreement shall not be binding and effective unless made in writing and properly executed by the waiving Party. 16. Amendments. This Agreement may not be amended except in writing properly executed by both Parties. Except as specifically amended, this Agreement shall remain in full force and effect as written. 17. Assi=ent. Grantee shall not have the right or power to assign its rights or delegate its obligations hereunder without the express written consent of COORS. Any attempt to do so without such consent shall be null and void and shall permit COORS the right to cancel and terminate this Agreement and associated Easement. In the event this Agreement is properly assigned, the provisions of this Agreement shall bind and benefit the Parties hereto and their representatives, successors and assigns. 18. Severabilitv. Any invalid or unenforceable provision shall be deemed severed from this Agreement to the extent of its invalidity or unenforceability, and the remainder of this Agreement shall remain in full force and effect. 19. Comolete Al!feement. This Agreement, and all exhibits thereto, constitute the complete and exclusive agreement between the Parties. It supersedes all prior written and oral statement, condition, obligation, representation or warranty. In the event of any inconsistency between this Agreement and any Exhibit, the provisions of this Agreement shall take precedence. 20. Counternarts. This Agreement may be executed simultaneously in two or more counterparts which, when taken together, shall be deemed an original and constitute one and the same document. The signature of any Party to the counterpart shall be deemed a signature to the Agreement, and may be appended to, any other counterpart. Facsimile transmission of executed signature pages shall be sufficient to bind the executing Party. City Of Wheal Ridge City Clerk's Office 7500 W. 29th Ave. Wheat Ridge, CO 80033 21. Headings. The headings to the various articles, sections and paragraphs of this Agreement are solely for the convenience of the Parties, are not part of the Agreement and shall not be used for the interpretation of the validity of the Agreement or any provision hereof. 22. Jurisdiction And Venue: Choice Of Law. This Agreement shall be governed by the laws of the state of Colorado. Any arbitration, enforcement of an arbitration award or litigation shall be brought in'District COl,rrt, Jefferson County, State of Colorado or the U.S. 7 District Court for the District of Colorado, if appropriate, and each Party submits to the exclusive jurisdiction of said courts and waives the right to change venue. Grantee further consents to the exercise of personal jurisdiction by any such court with respect to any such proceeding. 23. Title. This grant of easement is without warranty of title and is subject to all price liens, encumbrances, restrictions and reservations affecting the Property. 24. General. The terms and provisions of this Agreement shall run with the Property, and shall be binding upon and inure to the benefit of the parties, their respective heirs, successors and assigns. In the event either party commences an action to enforce its rights hereunder or to enjoin any violation of the terms and provisions of this Agreement, the prevailing party in such action shall be entitled to receive its attorneys' fees and other costs of suit incurred in such action. r I I ~.. ,. .."'.-,...,,-......'"' ,~ i" r~~" E _L\i'"i""'-! i ...."."<d-...d... ',; i' J ,J f'! !f;ITHiIl !IT~f! IN WITNESS WHEREOF, COORS and Grantee have executed this Agreement as of the mutual date of execution written below their signatures. CITY OF WHEAT RIDGE, a municipal corporation J Date: "3/{;lL// (/ f ~;j/,:;;d ' / - /J'YA)/nf? / ' By: Title: --14d INmAlS LEGAL OK I I /Z-J} O<{ DAT! COORS BREWING COMPANY, a Colorado corporation Date: J .'Z..~. og By: .N'~ ~ ~ Title: N. Cornell Boggs, III '-J Chief Legal Officer & Group Vice President of Public Affairs Cb City Of Wheat Rid 9 2 City Clerk's OI,',cG 7500 W, 29th p,,,e Wheal Ridge, C') UJco3 STATEOF ~\o((Jdo ) ~ rr )ss. COUNTY OF W\ti' (;01'\ ) - Ml/7II:-tf The above and foregoing instrument was acknowledged before me on the .;)tf"-day of~, 2008 by ::::re('t"v :D,-rlLII in .ffiAvnr- of the City of Wheat Ridge. I IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written. STATEOF c'doro.ao COUNTY OF .....Ie 4ev~OI1 ) )ss. ) ~~ ;~teof ". ~\ . /I"", :' "lI"'HIf\ .~ ""', '} .~.~. .,j ."., , .. I' .' ., ~ : ~ (~ . 4 ~ _...~,.,~............. - ~ t, ~. '~ ." " , iI ~,~" ,.::1~.jfilt~'l.,/&j! ~i;o:~~ ~~:.:l.i~' ~ My commission expires: iO - ZD-o"t STATE OF Cc\CmO-C COUNTY oiLJlZ..~'C"\ ) )ss, ) The foregoing instrument was acknowledged before me this 23rd day of January, 2008, by N. Cornell Boggs, III as Chief Legal Officer & Group Vice President of Public Affairs, Coors Brewing Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year last above written, (r::.~l~;;'i..;.f\:'2::~(~:;2~" J~. :~M:y' '~onnnis~lil~~"'~ires: (,1"<.. . t.V:. 'fl' ~, - ' , ~ "!- "\~ t; . rsJ*: i6', 20\~\. ~ ~ N~. . N ..... . ,~, ,'.) <;, . "'. "'. \_'~ ,_- 1.., l<t:l!. -"'. . :i..it3' f ,t'f ~~,\;~! - -"" '/f <";~:':':;."":::..;/:i':/' .:C;".., 0v?u (OC'Y --f !id..i.c.JU N~lic in and for the State of l' /"\\.c-.i"nM \2 City Of Wheat Ridge City Clerk's Gllice 7500 W. 29th Ave. Wheat Ridge, CO 80033 EXHIBIT A UTILITY FASEMENT A utility easement No. UE-29A Rev. of the Department of Transportation, State of Colorado, Project No, CC 0581-009 containing 0,230 acres, more or less, in the Southwest 1/4 of Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Wheatridge, County of (I Jefferson, State of Colorada, said easement being more particularly described as follows: Commencing at the W 1/4 carner of said Sectian 19, whence the Northwest corner of said Section 19 bears North 00'03'10" West along the West line of said Northwest 1/4, thence South 36'03'07" East, 0 distance of 1,531.50 feet to the Point af Beginning; 1, Thence South 40'46'19" West, 0 distance of 6,12 feet; 2, Thence South 04'19'51" East, 0 distance of 117,18 feet; 3, Thence South 85'40'09" West, 0 distance of 20,00 feet; 4, Thence South 04'19'51" East, a distance af 125.00 feet; 5, Thence North 85'40'09" East, 0 distance of 60,00 feet; 6, Thence North 04'19'51" West, a distance of 125.00 feet; 7, Thence South 85'40'09" West, 0 distance of 20,00 feet; 8. Thence North 04'19'51" West, a distance of 1 08.87 feet; 9, Thence North 40'46'19" East, a distance of 17,78 feet; 10. Thence South 85'49'25" West, a distance of 28,26 to the Paint of Beginning, containing 9,999 square feet, or 0.230 ocres, more or less. The purpose of the above described utility easement is for construction and maintenance of the Fairmount Outfall. Basis of Bearings: Bearings are based on the North line of the Southwest Quarter of Section 19, Township 3 South, Range 69 West of the 6th Principle Meridian, bearing South 89'06'21" West and is monumented on the east end (Center Quarter Corner of Section 19) by 0 3 )4" Brass Cap PLS No,15846 in a monument box, and on the west end (West Quarter Corner of Section 19) by 0 1 1/2" Brass Cop in a range box. Prepared for and on behalf of the Colorado Department of Transportation Micheal L, Bouchard, PLS#24941 Farnsworth Group, Inc, 5801 N. Union Blvd, Colorado Springs, CO 80918 . Farnsworth ~ GROUP 6801 N, UNION BLVD, SUITE 100 COLORADO SPRINGS, CO, B0918 (719) 590-9194/ (719) 590-9111 Fax EXHIBIT UTILITY EASEMENT UE-29A REV. SW 1/4, SECTION 19, T, 3 S" R. 69 W. OF THE 6TH P,M" CITY OF WHEATRIDGE, JEFFERSON CO., COLORADO Project No: Drawn by: Approved: Date: Revised: I 007084,0 jaf 02/01/08 LEGEND P.O.C, POINT OF COMMENCEMENT P.O,B, POINT OF BEGINNING . CHANGE IN COURSE ONLY I II NOTE: THIS IS NOT A MONUMENTED SURVEY, IT IS INTENDED ONLY TO BE A GRAPHIC DEPICTION OF THE ATTACHED DESCRIPTION. TITLE INFORMATION SUPPLIED BY H C PECK & ASSOCIATES, INC. NW 1/4 COR SEC 19, ~ T3S, R69W, 6TH P.M. FOUNO 3 1/4" ALUM MON IN RANGE BOX PlS 5239 ~ o ~ '" o {~ P.O.C. W 1/4 COR SEC 19. . T35, R69W, 6TH P.M. 1 1/2" BRASS CAP IN RANGE BOX PlS 10104 , '~/ y..........~..f6'b ?'S,U-O'>"L- ~ Lf:.......... <.: 7.S0>.......... " , , " , ""'" , ", " S40.4620wW"-........... SW1M ~t " ------- SECTION 19 ..,..,.. :::;: :::;: 0... 0... :I: :I: I- I- <D <D :s: :s: I I o 0'> r-- <D I I a:: a:: en en I I n n I I I- I- I o 50 100 - - NW 1/4 SCALE: 1"=100' SECTION 19 ~ 114 SECTION UNE S89'06'21"W \ 1) CENTER SEC 19,J T35, R69W, 6TH P,M, FOUND 3 1/4" BRASS CAP IN RANGE BDX PLS 15846 S04'19'51 "E 117.18' SBS"49'25"W 28,26' N40"46'19"E 17.78' ...... N04i9'51"W 108,B7 OWNER: COORS BREWING COMPANY, A COLORAoo CORPORATION #80-244-00-00/ UNPU-J TTFD REC. 90109963 & REC. 92163774 & BOOK 2006 PAGE 35 S85'40'09"W 20,00' N04,9'51"W 125,00' SO~'19'51"E I 125,00' UTILITY EASEMENT UE-29A REV :1:9,999 SF N85'40'09"E 60,00' . Farnsworth ~ GROUP 6801 N, UNION 8L VD. SUITE 100 COLORADO SPRINGS. CO, 80918 (719) 690-9194/ (719) 590-9111 Fox EXHIBIT UTILITY EASEMENT UE-29A REV. SW 1/4, SECTION 19, T, 3 S" R, 69 W. OF THE 6TH P,M" CITY OF WHEATRIDGE, JEFFERSON CO" COLORADO Project No: 007084.0 Drawn by: jef Approved: Date, 02/01/08 Revised: 2 UTILITY F ASFMENT. A utility easement Na. UE-27A Rev. af the Department of Transportation, State of Colorado, 10., Project No, CC 0581-009 containing 0.075 acres, more or less, in the Southwest J4 of J Section 19, Township 3 South, Range 69 West of the Sixth Principal Meridian, City of Wheatridge, County of Jefferson, State of Colorado, said easement being more particularly described as follows: Commencing at the W 1/4 corner of said Section 19, whence the Northwest corner of said Section 19 bears North 00"03'10" West along the West line of said Northwest 1/4, thence South 40"45'55" East, a distance of 1,527,82 feet to the Point of Beginning; 1. Thence Sou th 40'46'19" West, a distance of 104.29 feet; 2, Thence South 85"49'25" West, 0 distance of 28.26 feet; 3, Thence North 40"46'19" East, o distance of 92,64 feet; 4. Thence North 49"17'20" West, a distance of 55,41 feet; 5. Thence North 40"46'19" East, a distance of 13.5 feet; 6. Thence on the ore of a non-tangent curve to the left a distance of 77,63 feet, said curve has a radius of 525,00 feet, a central angle of 8"28'21", and a long chord that bears South 62"46'38" East, a distance of 77.56 feet to the Point of Beginning, containing 3,279 square feet, or 0.075 acres, more or less, The purpose of the above described utility easement is for construction and maintenance of the Fairmount Outfall. Basis of Bearings: Bearings are based on the North line of the Southwest Quarter of Sectian 19, Township 3 South, Range 69 West of the 6th Principle Meridian, bearing South 89"06'21" West and is monumented on the east end (Center Quarter Corner of Section 19) by a 3 1/4" Brass Cap PLS No, 15846 in a monument box, and on the west end (West Quarter Corner of Section 19) by 0 1 1/2" Brass Cap in a range box, Prepared for and on behalf of the Colorado Department of Transportation Micheal L. Bouchard, PLS#24941 Farnsworth Group, Inc, 5801 N, Union Blvd, Colorado Springs, CO 80918 Ii ~g~rSworth 5801 N, UNION BLVD" SUITE 100 COLORADO SPRINGS" CO, B091B , (719) 59lJ..9194 /(719) 590-9111 Fax EXHIBIT UTILITY EASEMENT UE-27A REV, SW 1/4, SECTION 19, T, 3 S" R. 69 W. OF THE 6TH P,M" CITY OF WHEATRIDGE, JEFFERSON CO" COLORADO Project No; 007084.0' Drawn by: jof Approved: Date, 01/18/08 Revised: 3 I "- "- '-1 1-" & "~O. ? ~S~ -~..> ,,-SS" '6' "- <!' 2-,,- "- "- "- P.O.C. "-,,- W 1/4 COR SEC 19. "- T3S. R69W, 6TH P,M. "-,,- \ 1 1/2" BRASS CAP "- IN RANGE BOX "- "- PLS 10104 "- "- "- ~"'''- " "-,,- ,,-"-,,- "- "- "- "- LEGEND P,O,C, POINT OF COMMENCEMENT P,O.B, POINT OF BEGINNING . CHANGE IN COURSE ONLY I II I 0 50 100 - - SCALE: 1"~100' "-- NW 1/4 COR SEC 19, ?- T3S, R69W, 6TH P,M, o FOUND 3 1/4" ALUM MON i--) IN RANGE BOX g PLS 5239 o z NW1/4 SECTION 19 1/4 SECllON LINE S89'06'21"W L L 0... 0... ::r:: ::r:: f- f- co co :s: :s: I I o 01 r-- <D I I Ct:: Ct:: OWNER, COORS BREWING COMPANY, A COLORADO CORPoRA T/ON AND N40'46'19"E DONALD W MACDONALD 13.50' #39-193-00-005 (/) ui I I n n I I f- f- UNFUl TiFD N49'l7'20"W 55.41' REG, 2006044289 & REC, 2006022089 N40'46'19"E 92.64' SW1/4 SECTION 19 ----- UTILITY EASEMENT UE-27A REV :1:3,279 SF . Farnsworth ~ GROUP 5801 N, UNION BLVD. SUITE 100 COLORADO SPRINGS. CO, 80918 (719) 590-9194 / (719) 590-9111 Fax NOTE: THIS IS NOT A MONUMENTED SURVEY, IT IS INTENDED ONLY TO BE A GRAPHIC DEPICTION OFTHE ATTACHED DESCRIPTION, TITLE INFORMATION SUPPLIED BY H C PECK & ASSOCIATES,INC, ~ \ "'" CENTER SEC 19, J T35, R69W, 6TH P.M. FOUND 3 1/4" BRASS CAP IN RANGE BOX PLS 15846 q,.~~ '<Y~ <?o -PoJp V ~ It< '<R v~ <%: '0 I-:.;c:::?, """s '<f> 6~8'28'21" R-525.00 L-77.63" GB=S62'45'38"E GL= 77.56' P.O.B. ~ PROPOSEO ROW ---- S40'46'19"W 104.29' ---- S8S'49'25"W 28,25' EXHIBIT UTILITY EASEMENT UE-27A REV, SW 1/4 , SECTION 19, T, 3 S" R. 69 W. OF THE 6TH P,M., CITY OF WHEATRIDGE. JEFFERSON CO,. COLORADO Project No: 007084.0 Drawn by: jof Approved: Date: 01/07/08 Revised: 4 EXH1BlT .,} ., famswvo'" I~ GROUP ~\N.~~l/t>.llftIt\"" crnOMl>O""'.'G~.<:O-!)09\~ {1\q)5I'O-'/1941('V/l*,,111f<>< She!'l Re'ii~iO(\S ~""""""'\I l!Z"~~~W COLORADO DEPtutTMENT OF TRANSPORTATION ~~~s6H0\t1 ~ooen""r.co&\Z2.2 ......._ ",0" (7,,)15'-"" ,,,,("7)157-''''' ~1 Of WAY PlANS UNlT, h""cia E DiC."a.n Sheet Rev'\sions -l! 260+00 g \ -' 20..77.1)0 STATE HIGHWAY 58 500\'\ 11\6,P/lG'L\6t: REG.:J::i4132 " -~~-- \ - b"'3<3'36'16' R",390.00 l..2611.58' ca"N52"4-151."E- /r'94"02'1Z' CL",261,..25' R",275.OO l=451.34-' CB",HEit'21'1.9"W UNPUl J1ED REC 90109963 &. Rf.:C 92\6::i774 &. 800K 2006 PAGE 35 1 r./ -=.,.-- Q 50 100 ~ !:F61.')S'05" R",500J)O 1...',,,5:14.52' cs",tl&YI7'SG"E Cl=5C9A3' , COLORADO DEPARTMENT OF TRANSPORTA nON sw 1/4 SEe 19 ~ l'i>-'5'59'DO" M. R..1146C,OO@ L,,11'ilo.75' CS"N8J,:w'?fE cu_11%'Zt' ~ @'W~ Coors Brewing Company. a Colorado corporation """10'34'26" (.;;\ R,..50Q,llO\!.J 1.._(12.2.7' C'iJ"'N8A'\D'4\"E a""gZ.H' i:P13i'5~'2:'" 0\\ R",4~,GG 0 L",\OB3,12,' C8",S7B"ZZ'24"E CL",B3'!.,90' /:F3'4'j'i3' f7'" f'.",399'il.g~ 0 l,..202.05 ce",5ST;,~"1e"W Cl",Zli2.0Cf ~ \R \'l'~ c"e~NO."i" \ \ 55; E I -, ~ -~1;;- M - 0<.0 ili~ 1\"39.35"48" 1<",400,00 L,,:n5,44' _ ca",S52.47'Z'2.'W ~- N<-G,.\~'05" R",510.00 l=,s<\5.L)' CS",SB317'56"W 0.-",5'19.61' City Of Wheat Ridge City Clerk's Office 7500 W. 29th Ave. Wheat Ridge, CO 80033