Loading...
HomeMy WebLinkAbout0009 ,v""""",,, .1' tWill' '! r RID' : lEA' ~. TEMPORARY EASEMENT AGREEMENT made"M'lis .~ day of t~&~l,q~.,{~--, 1976, Lt::--{...:" I< r(u~t..., HFI'Rol D D KIA.A"'z..:'l 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__ ~_~ and 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 \' epartment "'z <:.. ~ C .e____ inistrator EXECUTED EXECUTED BY CITY: -~,' 0 _"\:~:;\/Y/>c ,/ ,.---- ~'I';o / . -" ....[t,. l'AJ MaY,or ...../t:l"," ATTESTED TO BY: ~ (> C' rClerk -, '~, I <. c'.' ( (' If., I \ i ., STATE OF COLORADO ) ) SS. ) COUNTY OF JEFFERSON '" The foregoing instrument was executed before me this day of ,;~ (Ii, ,,' , 1976 by ~7( "C' ~, ...-/'<.;~' 'jMy Commission Expires: 'l -~.,/ ~ /) Notary~ Public / \ .-~k-_/_~"L,--'- [ __~ ~-,