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TEMPORARY EASEMENT
AGREEMENT made"M'lis .~ day of t~&~l,q~.,{~--, 1976,
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between KUR= C ~ R::::; t I tIC t 1011 COIILl!B.lr., .,'rt.c -C6-.Eft.O~.a..tiCtJl 0 rg? Ri EI LJ d
pur~uuIlL Lv tL.c l....vy~ vI Lt....... ~tB-te af__
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having its principal office at 11445 West 48th Avenue, City
of Wheat Ridge, County of Jefferson, and State of Colorado,
hereinafter referred to as "Owners", and the City of Wheat
Ridge, a municipal corporation, organized pursuant to the
laws of the State of Colorado, and having its principal
office at 7470 West 38th Avenue, City of Wheat Ridge, County
of Jefferson, and State of Colorado, hereinafter referred
to as "Grantee".
Owners hereby agree to grant and convey for a period
~s hereinafter set forth to Grantee or its agents, employees
or contractors, a temporary construction easement for
driveway purposes over and across the property owned by
Owners and described as follows:
that part of the NE 1/4 and the SE 1/4 of Section 21,
Township 3 South, Range 69 West of the 6th PM described
as follows:
Beginning at a point on the east west centerline of
Section 21, Township 3 South, Range 69 West which is
864.75 feet west of the east one quarter corner of
said Section 21, Thence N 00 12'E, a distance of 554.82
feet, to a goint on the south line of West 44th Avenue
Thence N 89 50'W along the south line of West 44th
Avenue a distance of 856.22 feet;
Thence S 0019'E, a distance of 1226.0 feet;
Thence East, a distance of 393.0 feet to a point on
the east line of the NW 1/4 SE 1/4 of said Section 21,
Thence N 00 16'E, along the east line of said NW 1/4
SE 1/4, a distance of 267.0 feet;
Thence N 48027'E a distance of 605.6 feet more or less
to the point of beginning,
Said above described parcel of land contains 19.06 acres,
more or less, have laid out and platted on a Planed Unit
Development the same under the name and style of
NEWGATE IN WHEAT RIDGE.
such easement to run:
on the East 60 feet of the above descrihed property.
DRIVEWAY PURPOSES DEFINED
"Driveway purposes" as useu in this Agreement shall
mean that said Grantees or any contractors employed by
Sanitation Plant located at
~
of demolishing the Fruitdale ~fr/j
V k e { (1/ IT., M (LL2tZ. 4- @[f?(J.-\.., (:I't.uk.. C ~,
said Grantees for the purpose
shall have the right to use the above described easement for
the purpose of entering to and hauling out rubble from the
demolition work of said Fruitdale Sanitation Plant.
MAINTENANCE
The above described easement shall be maintained in
good repair by the Grantee during the period of this easement
at Grantee's sole cost and expense.
CONS I DERATION
Grantee agrees to pay owners the sum of
<C~ i:
00
p.<->-y \~
before ~ f'(Z\L
Dollars ($
\ ~. ) f<ir this easement on or
'l ( C" t. .il -:]1\:(
19 _ . Tender of Grantee's
p
1.2,....
valid check shall constitute a sufficient tender of payment.
Upon proper tender, owners will grant and convey by Warranty
Deed the aforesaid easement at the time of the tender. The
obligation of Grantee to pay owners this amount of money ~s
conditioned on owners having legal right, in the opinion of
attorneys, to grant the easement to Grantees.
- 2 -
OWNERS TO FURNISH PROOF OF TITLE
Owners agree to furnish Grantee, on date of tender,
or prIor thereto, their abstract of title showing marketable
title up to the date of this Agreement.
EASEMENT TO RUN WITH LAND
This grant of easement shall run with the land and
shall be binding on and shall inure to the benefit of the
parties hereto, their heirs, successors, or assIgns.
DURATION OF AGREEMENT
This Agreement shall continue in full force and effect
during the period of time that said demolition work is
being affected upon the Fruitdale Sanitation Plant unless
this Agreement is terminated prior to completion of said
demolition work by consent of all parties hereto evidenced
in writing.
IN WITNESS WHEREOF,
Agreement at
o f M f\ (7.", 'r\
['\4'1.0
the parties ~ave executed this
\.v\:..~, :z,ltAl , this '~h\ day
?1fJ
, 1976.
RECOMME".NDED BY:
/:d~'d ..:i'/..3/ /.76 Q. 2..sc, p,:.{
~~~ ~~~n-/.3~ ft{;
P 1 ic Works Department / /
APP{O\ED
I
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epartment
"'z <:.. ~ C .e____
inistrator
EXECUTED
EXECUTED BY CITY:
-~,' 0 _"\:~:;\/Y/>c
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. -" ....[t,. l'AJ
MaY,or
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ATTESTED TO BY:
~ (>
C' rClerk
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'~, I <. c'.' ( (' If.,
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.,
STATE OF COLORADO
)
) SS.
)
COUNTY OF JEFFERSON
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The foregoing instrument was executed before me this day
of ,;~ (Ii, ,,' , 1976 by ~7( "C' ~, ...-/'<.;~'
'jMy Commission Expires:
'l
-~.,/ ~ /)
Notary~ Public
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