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HomeMy WebLinkAbout0135 _ Y\,\\ l'~ .~ I~ '--I --<~. :r ,~,\ ....-#I'ltt, \:' ~WHF.,\_^ RIDGE 'i. EASE- l MENT " ~ Project No.: SI-I01.03/MRI456 Location: 12300 W. 44th Ave. NON-EXCLUSIVE TEMPORARY EASEMENT FOR CONSTRUCTION PURPOSES ONLY THIS EASEMENT, made this 26th day of March, 1987, by and between TOTAL PETROLEUM, INC., a Michigan corporation, the successor by merger to Vickers Petroleum Corporation, a Kansas corporation, having its principal offices at Denver Place North Tower, Suite 2201, P.O. Box 500, Denver, Colorado 80201, (hereinafter referred to as "Grantor"), and THE CITY OF WHEAT RIDGE, a Municipal corporation of the State of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80034 (hereinafter referred to as "Grantee"). WITNESS, that said Grantor for the consideration of One Dollar ($1.00) and other considerations paid to it by Grantee, does by these presents grant a non-exclusive temporary easement to Grantee, its successors and assigns, for the purpose of matching the existing eastern most driveway to a new roadway across land in the City of Wheat Ridge, County of Jefferson, State of Colorado, more particularaly described as follows: A parcel of land containing q4 square feet, more or less, which is contained in the tract described at Book 2365, Page 310 in the office of the Jefferson County Clerk and Recorder; said parcel being more particularly described as follows: Beginning at the northeast corner of the tract described at Book 2365, Page 310; thence West along the northern border of said tract a distance of 18 feet to the TRUE POINT OF BEGINNING; thence South 3 feet; thence West along a line parallel to the northern border a distance of 38 feet; thence North 3 feet to a point on the northern border; thence East 38 feet to the TRUE POINT OF BEGINNING. The above described temporary easement contains 114 square feet, more or less, and is for the purposes of constructing a transition to the driveway located within this parcel. Also known and numbered as 12300 West 44th Avenue (Hereinafter referred to as the "Premises".) 1. The construction of the eastern most driveway approach: A. Shall be performed in such a manner as not to interfere with either the conduct of service station business or the conduct of any other business or other activity on property adjacent to the premises. B. Shall be performed in the shortest possible period of time necessary. But in no event shall this Temporary Easement have any legal effect after .Jtily-3+;-~'h October 1, 1987. cld4-- C. Shall be performed in such a manner as to enable Grantor to use, for any legal purpose, the surface of the Premises. 2. Grantee shall not cause or permit any access or driveway approach leading to Grantor's property adjacent to the Premises to be blocked or hindered in any way while this easement is in effect. 3. Grantee shall not park or store overnight any pieces of machinery or equipment used by Grantee or any contractor working for or on behalf #2358 of Grantee, on Grantors adjoining property. 4. All property or improvements to the Premises or Grantor's adjoining property which are damaged or disturbed as a result of exercise of any rights hereunder by Grantee, its agents or contractors, shall be restored by Grantee to their im mediately prior condition within thirty (30) days after completion of any construction while this easement is in effect. 5. Grantee shall accept the full responsibility, prior to the granting of any construction contract for work that will be performed on said easement area, or the assigning of said easement to any third party that Grantee will have included in any contract for work or assignment agreement, a hold harmless clause that will hold Grantor harmless from any and all claims, damages, judgments, or obligations whatsoever, including the cost of defense of suit, arising out of damage to property, including property of Grantor arising out of injury (including death) to persons including employees of Grantor incurred or alleged to have been incurred in connection with or as a result of the granting of any contract for work or the assignment of this easement agreement to a third party. 6. Grantee agrees this easement is for the exclusive purposes set forth above and shall not be used for the installation of any underground cable that serves as com munication between parties. 7. This instrument shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns, and shall become effective upon execution of this instrument by both parties hereto, and two completed copies returned to the Grantor's Real Estate Department at Total Petroleum, Inc., Denver Place North Tower, Suite 2201, P.O. Box 500, Denver, Colorado 80201. DATED this 26th day of March, 1987. GRANTOR: TOTAL PET-ROLEUM, INC.) a ~~r corporation I . /! :. '/ _ - / J it By:' .' ..~(..L--i...tL-l. ,:{ l:tr:'i . _. enneth R. Bu ler / xecutive Vice President Petroleum Products (CORPORATE SEAL) GRANTEE: THE CITY OF WHEAT RIDGE a Municipal corporation of the State of Colorado By: I I , t ,I, (,; Title: , /;,r;,)> ,.; I (CORPORATE SEAL) STATE OF COLORADO ) ) ss. CITY AND COUNTY OF DENVER ) On this \~ ,/! day of March, 1987, before me personally appeared Kenneth R. -2- Buckler, to me personally known, and being first duly sworn to me did say that he is the Executive Vice President, Petroleum Products, of Total Petroleum, Inc., a Michigan corporation, and the said Kenneth R. Buckler acknowledged the foregoing instrument on behalf of the corporation. My commission expires . uf,.;h 'v If.,' /:0', I ( '( I (NOTARIAL SEAL) - y" -"""'<<l) \, .~-t-- , Notary Public, State of Colorado STATE OF COLORADO ) ) ss. COUNTY OF ) On this A,(I(/J, 1987 before me personally appeared <""S, to me personally known and being first duly sworn did say that he is the //,C c/t' A: , of The City of Wheat Ridge, and the said ,.L..€.'a/,'r \,;,..-"/ /c.5 acknowledged the execution of the foregoing instrument on behalf of said City. My commission expires // (NOTARIAL SEAL) This Instrument Drafted by: Charles V. Hicks Real Estate Manager Total Petroleum, Inc. Denver Place North Tower, Suite 2201 P.O. Box 500 Denver, Colorado 80201 When Recorded, Return to: -3-