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Home My WebLink About0173 ~ ,[ IIIIIIIII~IIIIIIIIIIIIIIIIIIIIIIIIIIIM IIIIIIIIIIIIII~II ~ $~: ~~ 2007098954 EASE 08/24/2007 11:57:05 AM 4 Page(s) Jefferson County, Colorado TEMPORARY TRAIL CONSTRUCTION EASEMENT AGREEMENT CED 06-118768 DE (1'1J ) KNOW ALL MEN BY THESE PRESENTS, that the County of Jefferson, State of Colorado (the A ~ t "County") acting by and through its duly constituted and appointed Commissioner Jim Congrove, .~ Chairman, does hereby grant and convey to the City of Wheat Ridge, Colorado (the "Grantee") \ / whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, a temporary and non- ~" J exclusive easement for all activities necessary to construct, install and inspect a portion of the Clear f(j Creek Trail, together with all rights and privileges as are necessary or incidental to the reasonable ~\) and proper use of such easement, on, under, over and across the following described parcel: See Exhibit "A" attached hereto and made a part hereof by this reference (the "Easement Area"). This easement shall terminate upon completion of the work permitted hereby or December 31, 2008 whichever is earlier. This easement is subject to the following conditions: 1. CONSTRUCTION PLANS AND PERMITS: Priortocommencinganyworkwithin the Easement Area, the Grantee shall obtain the County's written approval of Grantee's construction plans. Construction of trail improvements shall conform to the County's specifications and scheduling requirements and shall occur in such a manner as to minimize impact to trail use. In addition, prior to commencing any work within the Easement Area, the Grantee shall procure any and all necessary approvals, licenses and permits, including, without limitation, a permit from the Army Corps of Engineers and a floodplain permit and grading permit from the County. The granting of this Easement shall not indicate an approval of such permits; instead, Grantee shall comply with the federal, state and local regulations regarding the issuance of such permits. 2. INDEMNIFICATION: To the full extent permitted by law, the Grantee shall defend and hold harmless the Grantor against claims arising from the acts or omissions of the Grantee and its employees, agents, contractors, permittees or assigns which occurred or is alleged to have occurred under this Easement Agreement. 3. RESTORATION: Grantee shall restore all disturbed vegetation, landscaping, wetlands, fencing and/or otherimprovements on the Easement Area to the condition it was in, as near as practicable, immediately prior to the Grantee's use thereof. Such restoration shall be completed pnor to expiration of this temporary easement. 4. COMPLIANCE WITH LAWS. Grantee shall observe and comply with all applicable laws, including but not limited to federal, state and local laws, regulations, roles, or ordinances that affect the use of the Easement Area. ClERKANO RECORDER OF JEFFERSON COUNTY ""'" ,r,,;:u 1"0 Ill: Ftn.L 'l'RlJEANO COR~C :1'. co. py.. OF ORIGINAl.. DOCUMENT'" Ilff CUSTOO. If. CAll;.. ~~?:;lIJ -C'7 PAM IOERSO. C NTYCLERKANDRECORDER . lilY'- J IVI nr.. -., llEP\1tY ClERK ~_. -.. ....... M:\ATTORNEYlCmY ADMINISTRATOR\CABELAS TEMP TRAIL CONST EASEMENT.DOC 1 08107107 - - OF JEFFERSON, OF COLORADO d.-- ....-- f ssioners STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing instrument was acknowledged before me this 1~ day 0.iJa4 ad . 2007, by Jim Congrove as Chairman of the Board of County Commissioners, County ofiefferson, State of Colorado. . , >,.- .~, · '.'W'itrles's'~y ~and an? officialJle~ . .. . . M,y C""",ull~Slon exprres: f:{ - I {} Jj' ., ,\ OdJUHaI ~UC Notary Public 0 .. . " ; ", ~< ".. . APPROVED AS TO FORM: By _ \\~_'IA<- r.1 a/O~- Je L. Ayars, A istant co~ty Attorney THE WITHIN EASEMENT AGREEMENT IS ACCEr IbIJ THIS '7'11t DAY OF ~i/.~ .2007. .. M:\ATTORNEY\CNT'f ADMINISTRATOR\CABELAS TEMP TRAIL CONST EASEMENT,DOC 08107/07 - - 2 EXHIBIT A TEMPORARY TRAIL CONSTRUCTION EASEMENT A STRIP OF LAND. 50.00 FEET WIDE, BEING A PORTION OF LOT 1, ROXBURY GARDENS AS RECORDED AT REC~TlON NO. 09337790 IN THE ,JEFFERSON COUNTY ClERK AND RECORDER'S OFFlCE. SlruA lED IN THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 19. TOWNSHIP 3 SOUTH, RANGE 69 v.EST OF '!tiE SIXTH PRINCIPAL MERIDIAN. CITY OF I\1iEAT RIDGE. COUNiY OF JEFFERSON. STATE OF COLORADO. BEiNG DESCRIBED AS FOLLOWS' COMMENCING AT THE NORTHv.EST CORNER OF SAID SOUTHEAST 1/4 OF THE' SOUTHEAST 1/4. I\1iENCE THE NORTHEAST CORNER OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 LIES NB9'07'31"E ALONG THE NORTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 1319.03 FEET; THENCE NB9'07'31"E ALONG. SAID NORTH LINE, 15.60 FEET; THENCE SD7'4Q'53"E, 94.22 FEET TO THE POINT OF BEGINNING; THENCE N74'48'46'E, 81.97 FEET TO THE POINT OF CURVAruRE OF A CURVE CONCA'IE SOUTHERLY. HAlANG A RAOIUS OF 858.87 FEET; THENCE EAS1ERLY. '!tIROUGH A CENTRAL ANGlE OF 07'46'40'. ALONG THE ARC OF SAID CURVE 117.09 FEET; THENCE .N86'31'36"E. 107.46 FEET TO THE EAST LINE OF SAID LOT 1; THENCLSOo-o3'34'E ALONG SAIO EAS1 LlNE,50.09 FEET; THENCE S86'31'36"W, 103.11 FEET TO A NON-TANGENT CURVE CONCAVE SOUTHERLY, HAlANG A RADIUS OF 808.87 FEET: THENCE WESTERLY. THRO.UGH A CENTRAL ANGlE OF 06'03'51", ALONG THE ARC OF SAID CURVE 85.61 FEET TO THE POINT OF TANGENCY, SAID CURVE HAVING A CHORD OF 107.80 FEET WHICH BEARS sa018'34"W: THENCE .S49'55'00"W, 122.84 FEET TO A NON-TANGENT CURVE CONCAVE EAS1ERLY. HAlANG A RADIUS OF 367;00 FEET; lHENCE NORTHERLY; THROUGH A CENTRAL ANGlE OF ;0'43'12". ALONG THE ARC OF SAID CURVE 68.66 FEET TO THE POINT OF TANGENCY, SAID CURVE HAVING A CHORD OF 68.56 FEET WHICH B)':ARS N13'08'57"W: THENCE N07'46~53"W: 34.14 FEET TO THE POINT OF BEGINNING. CONTAINING 18:;.117 SQUARE FEET OR 0.4157 ACRES, MORE OR lESS. 8ASlS OF BEARINGS: BEARINGS ARE BASED UPON THE' EAST UNE OF THE NORlHEAsn)4 or sEcnoN 30. TOWNSHIP 3 SOUTH, RANGE fi9 WEST. 6lh P.M, aElNG A LINE BETWEEN THE EAST lf4CORNER OF SECTION 30 AS MONUMEM1ED BY A. CITY OF WHEAT RIDGE 3,25~' DIAMETER BRASS DISK. LS 13212.. IN. CONCRETt AND A CITY or \\I1EAT RIDGE I\1TNESS CORNER BEING.A 3.25'OIAMETER BRASS DISK, LS 13212" IN CONCRE1E LYING 200.00' SOU1f\OF 1\jE NOR'!tIEASTCORNER OF SAID SECTlON 30,AS HAVING A BEARING OF N01'01:50"W PER CITY OF I\1iEAT RIDGE CONIROL DAruM, \ n\!Of'l \ p:\2007\00700B4-cobelas\dwg\elChihits\00700B4_EASLB1KE PATH,dwg 1 DATE: 7/18/200TPIIAE: 9:-4.7:06 am I II ~~E!,sworth 8055 EASTlUFtS AveNUE. SUtTE850 DENVER. COLORADO 80237 Gl(3) 692.a638/ (S03) 692.(]470 Fox PmjectNo: Drawn by: Approved: Dale: Revised: FOR:. CABELA'S RETAIL, INC. ONE CABELA DRIVE, SIDNEY, NE 69160 PARCEL DESCRIPTION JEFFERSON COUNTY PROPERTY TEMPORARY TRAIL CONSTRUCTION EASEMENT M.\ATTORNEYlCNTY -.ADMINISTRATORICABELAS_ TEMP TRAIL CONST EASEMENT.DOC 08107/07 1;; 0070084 NAY FeE 7-17-07 7-18-07 1 OF 2. 3 LEGEND: EXH I BIT A NOn:, THIS EXHIBIT DOES . lNDlC1\ TES CHANGE NOT REPRESENT A IN COURSE ONLY TEMPORARY TRAIL CONSTRUCTION EASEMENT MONUMENlED SURVEY.. I CURVE TABLE I I CHORD CHORD I CURVE DELTA RACIUS LENGTH LENGTH BEARING I Cl 07'4lj'4Q" 85S.S7' 117.09' 117.00' N7!r31'49"E I I C2 06"03'51" SOS.S7' 85,61'85.57' SSO'lS'34"W I C3 10'43" 2" 367.00' 6S.66' 6S.56' N13'OS'57"W I (.. POINT OF COMM. ENC..EMENT NE COR".SE.'A SE I/~ SEe. I~.. . . N'If .COII.. SE 1/4, SE 114. $EC. 19 NOR-m UNE. $E1/4, st f/4',SEe. 19 NB9U7'.J1':'E 1319.03' ,,~ I , ;. S07'4ii'53'E . TEMPORARY N89n;:~~ 94:22' L2 . . CONSTRUCTION EASEMENT .v///~/ 18.11H SQ. FT. g/ / /7" O,4160:l:ACRES L3 'I" "","500'03'34"[ . ~-t..SO.09' I 'l!>"i>.> , Lor 2: V'-~~ II NOT PLAmD (REC, 09337790) I o 50 100 SCAlE: 1'~=100' NE CfJR;, SEe. 30 ~,- ~f:3 l!!'" E 1/4 -(:OR.; ~ ~ SEe. 30~ 1:'i ~ o;",i>' ~ ",,,,. .~~~. ~.~ s;::r.. ~:::i-s ~l"J:;;-: S49'SS'OO"W 122.84' SF 1/4, .;3F 1/4, SEe 19 , JEFFERSON COUNTY I I i ROXBURY G4RDFNS (REC. 09337790) . I ! I UNE TABLE 0'0' I UNE BEARING . ~t.. I Ll N74'4S'4j;"E Q>."'f> it< I L2 NB6"31'36"E ~'l+~'fj;p~ L3 SS6"31'36"W ..p<,,~~~ <90 I '-: -~- ',(), ~~ .9~"';O. ~"'0 7~""!"'/~h COORS BREWING co. .'t/.."" 4,04;0 I [ nvon I p:\2007\007OQ84-cobelos\dwg\exk-ibits\007008CEA~C13!Kt PATH.dwg I "DATE: 7/1'8/2007 I TIME: 9:47.-06 qm ! . Farnsworth ~ GROUP 8056EASTTUFTSAVENUE. SUlTEa50 DENVER. COLORADO 60237 (303) 692.e838! (303l692.0470 Fax lor 1 " N. LINE. BOOK 1992, pAGE 782 FOR: CABELA'S RETAIL, INC. ONE CABELA ORIVE, SIDNEY. NE 69160 PARCEL DESCRIPTION JEFFERSON COUNTY PROPERTY TEMPORARY TRAIL .cONSTRUCTION EASEMENT I LENGTH I S1,97' I 107.46' I 103.1,1" ; Proj~t No: 0070084- Drawrrby: NAV ApprOlled: FlE Date: 07.-17-07 Revised: 07-18-07 2 OF 2 ~ 4