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HomeMy WebLinkAbout0068 3~3A 38 ~lc.. LEASE THIS LEft..SE, executJed .J,-n duplicate at Denver, Colorado, this~_aay of "(.,' ('7 ' 19~, by and between Tnp rity WnPnt Ringp and t<lE'rROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. -~ hereinafter called respectively lessor and lessee, without regard to number or gender. HITNESSETH: That lessor hereby leases to lessee, for the purpose of storing materials, supplies excavated materials and equipment and for such other purposes as the lessee deems necessary in conjunction with the construction of the connecting sewer lines, and for no other purpose, those certain premises situated in Jefferson County, State of Colorado, and more particulary described as follows, to-wit: See attached Exhibit A The term shall be for 3 consecutive months during the calendar year 1983 or 1984 at a rate of Three Hundred Sixteen & no/100------------------ Dollars ($ 316.00 ) per month, or portion thereof, which the lessee agrees to pay to lessor in advance of use or occupancy. The lessee shall give lessor at least ten (10) days notice before occupancy begins. In the event Lessee holds over and uses said property beyond the 3 months base period, then lessee shall pay for each month or fraction thereof beyond said base period the sum of Three Hundred Sixteen --- Dollars ($ 316.00 ) per month, payable at the end of each month or fraction thereof. It is further mutually agreed between the parties as follows: 1. The lessee shall have the right to remove trees, bushes, undergrowth and other obstructions interfering with the stated use of the leased premises , it being mutually agreed that the total cost of this lease includes compensation for the loss of trees, bushes, undergrowth and other obstructions. 2. The lessee shall have the right of ingress to and egress from the said premises over and across the lands of the lessor by means of roads and lanes thereon if such there be, otherwise by such route and routes a~3 shall occasion the least practical damage and inconvenience to the lessor. 3. The lessee shall, at the termination of .this lease, as nearly as possible, restore the same premises to its original condition less any trees or bushes that have been removed. 4. The lessee shall indemnify and save the lessor harl~less from and against any loss, damage and liability occasioned by, growing out of or arising or resulting from any tortious or negligent act on the part of the lessee, its contractors, subcont,ractors, agents or er~ployees. 5. The lessor agrees to warrant and defend the -1- CCP-134 ,f\\YC Ll;j:'1 , j " ~ e'~~ r ~ '" (? ' 'C:~7 CCP-134 title to said premises and that the lessee shall pedceably and quietly hold, enjoy and occupy said premises during said term without any hindrance, interruption. ejection or molestation by lessor or by any other person or persons whomsoever, 6. The lessor shall indemnify and save the lessee harmless from and against any loss, damage and liability occasioned by, growing out of, or arising or resulting from any default hereunder, or any tortious or negligent act on the part of the lessor, the lessor's agents or employees. 7. 8. This lease and all the covenants , provisions and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, we have hereunto set our hands and seals on the date above first written. .. - LESSOR CITY OF WHEAT RIDGE: Frank ATTES~. I /} / ( /:1) , - ---...< ,/ __/ d:l~dR~ " (..c.t<-;j. Wanda Sang,-Clty a_erk v' / . .Y' APPROVED AS TO FORM: LESSEE METROPOLITAN DENVER SElvAGE DISPOSAL DISTRICT NO. 1 ~ '! ;' # i' /' [, \ '" 'l.J...l'. { ~ ,,L. /n-{ i1('j '7 e y ./ I 'j -2- .l ' , EXHIBIT A l"'~ LEGAL DESCRIPTION: (CCP 134) 3 A TEMPORARY CONSTRUCTION EASEME~T OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO-WIT: THAT PORTION OF THE SOUTHI~EST OUE-QUARTER OF THE rlORTH- EAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SECTIO:I 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WHJCH BEGINS AT A POINT 303.0 FEET SOUTH OF THE SOUTH LINE OF THE COUNTY ROAD KNOWN AS WEST 44TH AVENUE (FORMERLY JEFFERSON AVENUE) AT A POINT 508.2 FEET EAST OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, THE POINT OF BEGINNING~ THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 1029.4 FEET TO A POINT; IN THE CENTERLINE CHANNEL OF CLEAR CREEK AS OF FEBRUARY 29,1964; THENCE LEFT 93036' ALONG SAID CENTER- LINE CHANNEL 220 FEET TO A POINT; THENCE LEFT 44000' ALONG SAID CENTERLINE CHANNEL 193 FEET TO A POINT; THENCE LEFT 8015' ALONG SAID CENTERLINE CHANNEL 236 FEET MORE OR LESS, TO A POINT WHICH IS THE SOUTHWEST CORNER OF LOT 28, CRESTVIEW PARK SUBDIVISION, A ReCORDED PLAT; THENCE rJORTH 4020' EAST ALONG THE WEST[RLY LINE OF SAID CRESTVIEW PARK SUBDIVISION 472 FEET TO A POINT; THENCE NORTH 21017' EAST ALONG THE WESTERLY LINE OF SAID SUBDIVISION 354.2 FEET TO THE NORTHWEST CORNER OF LOT 34, CRESTVIEW PARK SUBDIVISION, WHICH CORNER IS ON THE SOUTHERLY LINE OF WEST 44TH AVENUE; THENCE NORTH 52014' WEST ALONG SAID SOUTHERLY LINE 25.5 FEET TO A POINT; THENCE WESTERLY ALO:IG THE SOUTHERLY LINE OF WEST 44TH AVENUE 35.8 FEET TO A POINT; THENCE SOUTH 21017' ~J EST 301. 7 FE ET TO A POI NT; THE ~ ICE NOR T H 7 40 4 4' In S T 24 5 . 8 FE E T TO A POI NT; THE N C E NOR T H 8 1 0 5 4' I'J EST 2 2 1 . 8 FE ET TO POINT OF BEGINNING; CONTAINING IN ALL 10.294 ACRES MORE OR LESS. (SCHEDULE A OF BOOK 2349 AT PAGE 384 OFFICIAL RECORD OF JEFFERSON COUNTY, COLORADO) ALSO, BEGINNING AT THE NORTHERLY END OF THE COURSE, SOUTH 21017' WEST 301.7 FEET, AS DESCRIBED IN SCHEDULE A OF BOOK 2349 AT PAGE 384 OF SAID RECORDS; THENCE SOUTH 21017' WEST ALONG SAID COURSE A DISTMCE OF 301.7 FEET; THENCE rWRTH 74044' WEST A DISTANCE OF 65,37 FEET; THENCE NORTH 21017' ~~ E A S TAD 1ST A N CEO F 3 08 . 6 1 FEE T TO A POI N TON THE SOU THE R L Y LINE OF \1EST 44TH AVENUE AS DESCRIBED In BOOK 372 AT PAGE 35 OF THE OFFICIAL RECORDS OF JEFFERSon COUNTY, COLORADO; THENCE SOUTH 68040' EAST ALONG THE SOUTHERLY LINE OF HEST 44TH AVENUE AS DESCRIBED IN SAID BOOK 372 AT PAGE 35 A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING, '.? EXHIBIT A CONTINUED .- EXCEPT EASEMENTS RECORDED IN BOOK 317 AT PAGE 215 AND 219 AND IN BOOK 1814 AT PAGE 663. SUBJECT TO RIGHTS OF \,IAY FOR DITCHES, PUBLIC ROADS ArlO RIGHTS OF WAY. SAID EASEMENT AND RIGHT OF \>JAY SEIrlG MORE PJIRTICULAf{LY DESCRIBED AS FOLLO\>JS: BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 508.2 FEET OF THE SOUT.HEAST ONE.-QIJARTER OF SECT ION 22, TO\<lNSHI P 3 SOUTH, RANGE 69 WEST OF TAE SIXTH PRINCIPAL MERIDIAN, WHICH IS 607.76 FEET SOUTH OF THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE NORTH 86028'00" EAST A DISTArJCE OF 222,28 FEET; THENCE NORTH 21030'00" EAST A DISTANCE OF 411.88 FEET; THENCE NORTH 02052'00" EAST A DISTANCE OF 293,38 FEET; THENCE NORTH 21017'07" EAST A DISTANCE OF 30;">,70 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF \<lEST 44TH AVENUE; THENCE SOUTH 68040'00" EAST A DISTANCE OF 3.18 FEET TO A POINT ON THE WESTERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS RECORDED IN BOOf: 1814 AT PAGE 663 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY, COLORADO; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: (1) SOUTH 20"54'00" \~EST A DrSTArlCE OF 254.09 FEET; (2) SOUTH 02052'00" \~EST A DISTMlCE OF 341,25 FEET; ( 3) SOU T H 2 1 0 3 0 ' 0 0" W EST A D I S Th 'J CEO F 4 2 7 , 89 FEET; (4) SOUTH 86028'00" l'lEST A DISTANCE OF 236,23 FEET TO A porrn ON THE EAST LINE OF THE \>JEST 508,2 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22; THENCE ALONG SAID EAST LINE NORTH 00004'00" WEST PI DISTAI\jCE OF 20,04 FEET TO TilE POINT OF BEGINNING; CONTAINING 0.4700 ACRES MORE OR LESS. ALSO, BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 508.2 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22 WHICH IS 690.18 FEET SOUTH OF THE EAST-WEST CENTER- LINE OF SAID SECTION 22; THENCE NORTH 86021'47" EAST A DISTANCE OF 276.82 FEET; THEnCE rlORTlI 21"25'37" EAST A DISTArlCE 474.98 FEET; THENCE NORTH 02050'27" EAST A DIST- ANCE OF 338.74 FEET; THENCE NORTH 20045'12" EAST A DIST- ANCE OF 249.98 FEET TO A POUlT D~l THE SOUTHERLY RIGHT- OF-WAY LINE OF WEST 44TH AVENUE; THENCE ALONG SAID SOUTHERLY RIGHT-Of-WAY LINE NORTH 68040'00" I~EST A DISTArJCE OF 30,00 I' FEET; THENCE SOUTH 20045'12" \,}EST A DISTANCE OF 255.01 FEET; jv THE N C E SOU THO 2 0 5 0 I 2 7" I'} EST A 0 1ST A 11 CEO F 3 38 , 5 6 FE ET ; THEtICE SOUTH 21025'37" WEST A DISTMlCE OF 450.98 FEET; THENCE SOUTH 86021'47" WEST A DISTAnCE OF 255.86 FEET TO A POINT ON THE EAST LINE OF THE WEST 508,2 FEET OF THE SOUTHEAST ONE-OUARTER OF SAID SECTION 22; THENCE, ALONG S A If) E A S T L HJ E: SOU THO 0 0 0 II ' () 0" E AS TAD 1 STAN CEO F 3 () , 06 FEET TO THE POiNT OF BEGIN~ING; CONTAI~ING 0,9094 ACRES !10 REO R L E S S , 1;~ ... "-.1; REVISED: APRIL 8, 1983 CCP-134 , ~ 3A;i3.fC LEASE TIllS LE~SE, executed/in duplicate at Denver, Colorado, this~day of .Ju '1 ' 19 ,f3 _, by and between ~np riry Whpar R10gP and r'lETROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO.1, hereinafter called respectively lessor and lessee, without regard to number or gender. \VITNESSETH: That lessor hereby leases to lessee, for the purpose of storing material a, supplies excavated materials and equipment and for such other purposes as the lessee deems necessary in conjunction with the construction of the connecting sewer lines, and for no other purpose, those certain premises situated in Jefferson County, State of Colorado, and more particulary described as follows, to-wit: See attached Exhibit A 'rhe term shall be for 3 consecutive months during the calendar year 1983 or 1984 at a rate of Three Hundred Sixteen & no/100------------------ Dollars ($ 316.00 ) per month, or portion thereof, which the lessee agrees to pay to lessor in advance of use or occupancy. The lessee shall give lessor at least ten (10) days notice before occupancy begins. In the event Lessee holds over and uses said property beyond the 3 months base period, then lessee shall pay for each month or fraction thereof beyond said base period the sum of Three Hundred Sixteen --- Dollars ($ 316.00 ) per month, payable at the end of each month or fraction thereof. It is further mutually agreed between the parties as follows: 1. The lessee shall have the right to remove trees, bushes, undergrowth and other obstructions interfering with the stated use of the leased premises , it being mutually agreed that the total cost of this lease includes compensation for the loss of trees, bushes, undergrowth and other obstructions. 2. The lessee shall have the right of ingress to and egress from t_he said premises over and across the lands of the lessor by means of roads and lanes thereon if such there be, otherwise by such route and routes a~> shall occasion the least practical damage and inconvenience to the lessor. 3. The lessee shall, at the terrnination of this lease, as nearly as possible, restore the Sillnc premises to its original condition less any trees or bushes th~t have been removed. 4. The lessee shall inuer:m i_fy anel ~oave the lessor harmless from and against any loss, damage and liability occasioned by, growing out of or arising or resulting from any tortious or-negligent act on the part of the lessee, its contractors, subcontractors, agents or e!~ployees. 5. The lessor agrees to warrant and defend the -1- CCP-134 tit Ie t.O said premises and that the lessee shall peaceably and quietly hold, enjoy and occupy said premises during said term wi t110ut any hindrance, interruption, ejection or molestation by lessor or by any other person or persons whomsoever. 6. The lessor shall indemnify and save the lessee harmless from and against any loss, damage and liability occasioned by, growing out of, or arising or resulting from any default hereunder, or any tortious or negligent act on the part of the lessor, the lessor's agents or employees. 7. 8. This lease and all the covenants , provisions and conditions herein contained shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, we have hereunto set our hands. and seals on the date above first written. LESSOR CITY OF WHEAT RIDGE: APPROVED AS TO FORM: ....-; ~.cfC~~~.A~ Frank Stit~s, MaY9! Clerk LESSEE METROPOLITAN DENVER SEI'Tl',GE DISPOSAL DISTRICT NO. I I ;' ..'; / /1.../ /,'/, .t..< '''''' \. / y .../Lo, ~ , n~fj J" f17 ejr / , ~2- EXHIBIT A ': ,~- LEGAL DESCRIPTIOtJ: (CCP 134) A TE t1 P 0 R A R Y CON S T R U C TI 0 N E AS U1 E r iT 0 V E R, A C R 0 S SAN D THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO-WIT: THAT PORTION OF THE SOUTHl'JEST O:iE-QUARTER OF THE tJORTH- EAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER OF SEeTIO:l 22, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRI~CIPAL MERIDIAN, WH}CH BEGINS AT A POINT 303.0 FEET SOUTH OF THE SOUTH LINE OF THE COUNTY ROAD KNOWN AS WEST 44TH AVE~UE (FORMERLY JEFFERSON AVENUE) AT A POINT 508.2 FEET EAST OF THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE- QUARTER, THE POINT OF BEGINNING; THENCE SOUTH AND PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER AND THE NORTHWEST ONE-QUARTER OF THE SOUTHEAST ONE-QUARTER A DISTANCE OF 1029,4 FEET TO A POINT; IN THE CENTERLINE CHANNEL OF CLEAR CREEK AS OF FEBRUARY 29, 1964; THENCE LEFT 93036' ALONG SAID CENTER- LINE CHANNEL 220 FEET TO A POINT; THENCE LEFT 44000' ALONG SAID CENTERLINE CHMJNEL 193 FEET TO A POINT, THENCE LEFT 8015' ALONG SAID CENTERLINE CHANNEL 236 FEET MORE OR LESS, TO A POINT WHICH IS THE SOUTHWEST CORNER OF LOT 28, C RES T V IE W PAR K SUB D I V I S ION, ARE COR D E D P L AT; THE N C E tlO R T H 4020' EAST ALONG THE WESTERLY LINE OF SAID CRESTVIEW PARK SUBDIVISION 472 FEET TO A POINT; THENCE NORTH 21017' EAST ALONG THE WESTERLY LINE OF SAID SUBDIVISION 354,2 FEET TO THE NORTHWEST CORNER OF LOT 34, CRESTVIEW PARK SUBDIVISION, ~J H I C H COR ~J E R ISO rJ THE SOU THE R L Y LI N E 0 F \~ EST 4 4 T H A V E N U E ; THENCE NORTH 52014' WEST ALONG SAID SOUTHERLY LINE 25,5 FEET TO A POINT; THENCE WESTERLY ALO:1G THE SOUTHERLY LINE OF WEST 44TH AVENUE 35.8 FEET TO A POINT; THENCE SOUTH 21017' ~JEST 301.7 FEET TO A POINT; THEilCE NORTH 74044' \'JEST 245.8 FEET TO A POINT; THENCE NORTH 81054' WEST 221.8 FEET TO POINT OF BEGINNING; CONTAINING IN ALL 10.294 ACRES MORE OR LESS. (SCHEDULE A OF BOOK 2349 AT PAGE 384 OFFICIAL RECORD OF JEFFERSON COUNTY, COLORADO) ALSO, BEGINNING AT THE NORTHERLY END OF THE COURSE, SOUTH 21017' WEST 301.7 FEET, AS DESCRIBED IN SCHEDULE A OF BOOK 2349 AT PAGE 384 OF SAID RECORDS; THENCE SOUTH 21017' WEST ALONG SAID COURSE A DISTMCE OF 301.7 FEET; THENCE tWRTH 74044' WEST A DISTANCE OF 65.37 FEET; THENCE NORTH 21017' EAST A DISTANCE OF 308,61 FEET TO A POINT ON THE SOUTHERLY LINE OF WEST 44TH AVENUE AS DESCRIBED IN BOOK 372 AT PAGE 35 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO; THENCE SOUTH 68040' EAST ALONG THE SOUTHERLY LINE OF WEST 44TH AVENUE AS DESCRIBED IN SAID BOOK 372 AT PAGE 35 A DISTANCE OF 65.00 FEET TO THE POINT OF BEGINNING, EXHIBIT A CONTINUED .- EXCEPT EASEMENTS RECORDED IN BOOK 317 AT PAGE 215 AND 219 AND IN BOOK 1814 AT PAGE 663. SUBJECT TO RI GHTS OF HAY FOR DITCHES) PUBLIC ROADS ArlO , RI GHTS OF \.JAY. -... ".~ . . SAID EASEMENT AND RIGHT Of \,JAY bEIrlG ~10f{E PJ\RTlCULAHLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 508,2 FEET OF THE SOUTHEAST ONE.-QlJARTER OF SECTION 22, TOHNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, WHICH IS 607.76 FEET SOUTH OF THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE NORTH 86028'00" EAST A DISTAnCE OF 222.28 FEET; THENCE NORTH 21030'00" EAST A DISTANCE OF 411.88 FEET; THENCE NORTH 02052'00" EAST A D1STANCE OF 293,38 FEET; THENCE NORTH 21017 '07" EAST A DISTANCE OF 302,70 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF HEST 44TH AVENUE; THENCE SOUTH 6 8 0 4 0 ' 0 0 " EAST A D 1ST MJ C E OF 3 ,I 8 FEET TO A POINT ON THE WESTERLY LIME OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS RECORDED IN BOOK 1814 AT PAGE 663 IN THE OFFICE OF THE CLERK AND RECORDER OF JEF~ERSON COUNTY, COLORADO; THENCE ALONG SAID WESTERLY LINE THE FOLLOWING FOUR COURSES: (1) SOUTH 20"54'00" \~EST A DISTAilCE OF 254.09 FEET; (2) SOUTH 02052'00" \~EST A DISTAtlCE OF 341.25 HET; (3) SOUTH 21030'00" WEST A DISTA~CE OF 427,89 FEET; (4) SOUTH 86028'00" ~lEST A DISTANCE OF 236,23 FEET TO A POlrn ON THE EAST LIrlE OF THE WEST 508,2 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22; THENCE ALONG SAID EAST LINE NORTH 00004'00" WEST A DISTA~CE OF 20,04 FEET TO THE POINT OF BEGINNING; CONTAINING 0.4700 ACRES MORE OR LESS. ALSO, BEGINNING AT A POINT ON THE EAST LINE OF THE WEST 508,2 FEET OF THE SOUTHEAST ONE-QUARTER OF SAID SECTION 22 WHICH IS 690.18 FEET SOUTH OF THE EAST-WEST CENTER- LINE OF SAID SECTION 22; THENCE NORTH 86021'47" EAST A o 1ST AN CEO F 27 6 , 82 FEET; HI Ui C E NOR T H 2 1 0 2 5 ' 37" E AS T A DISTANCE 474.98 FEET; THENCE NORTH 02050'27" EAST A DIST- ANCE OF 338.74 FEET; THENCE NORTH 20045'12" EAST A DIST- ANCE OF 249.98 FEET TO A POUlT 0:-) THE SOUTHERLY RI CHT- OF-WAY LINE OF WEST 44TH AVENUE; THENCE ALONG SAID SOUTHERLY RIG H T - 0 F - ~I A Y LI N E NOR T H 68 0 4 0 I 0 0 " H EST A 0 1ST M CEO F 3 0 . 0 0 FEET; THENCE SOUTH 21)045'12" WEST A DISTANCE OF 255.01 FEET; THENCE SOUTH 02050'27" WEST A DISTANCE OF 338,56 FEET; THENCE SOUTH 21025'37" WEST A DISTANCE OF 450.98 FEET; THENCE SOUTH 86021'47" WEST A DISTANCE OF 255,86 FEET TO A POINT ON THE EAST LINE OF THE WEST 508,2 FEET OF THE SOUTHEAST OrJE-OUARTER OF SAID SECTIO~I 22; THEnCE, ALOrJG S A I f) E AS T L I tJ E: SOU THO 0 0 0 Ll ' () 0" E AS TAD 1ST A f'1 CEO F 30. 06 FEEl TO THE POiNT OF BEGIN~lNG; CONTAI~ING 0,9094 ACRtS ~1 0 REO R LE S S , REVISED: APRIL 8, 1983