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RECEPTION NO. F0440867 21.00 PG: 0001-004
230 RECORDED IN JEFFERSON COUNTY, COLORADO 7/09/97
Right-of-Way 3061, Book 30
App 96/263
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This Right-of-Way made this 24th day of May, 1996 between the State of Colorado
(Grantor), acting by and through the State Board of Land Commissioners (aka State Land
Board). and the City of Wheat Ridge, Colorado (Grantee)
Witnesseth
Whereas, Grantee has applIed to the State Land Board for a right-of-way across certain
portions of state trust lands for the purpose of constructing, operating, and maintaming a
permanent city street. and
Whereas, the State Land Board has approved the applicatIOn subject to the terms and
conditions set forth herein.
Now therefore, the State Land Board, in conSIderation of the terms and conditions
herein, and for the consideration of Two Hundred Fifty and No/lOO Dollars ($250 00),
grants unto the Grantee, a right-of-way for the purpose of constructing, operating, and
maintaming a permanent city street over and across certain portions of state trust lands
described as follows
TownshIp 3 South, Range 69 West. 6 PM, Jefferson County, Colorado
Section 16 SE4 50th Avenue & Kipling
Beginning at the southeast corner of saId Section 16;
Thence NOo 12' 29"W along the east line of said SectIOn 16. a
dIstance of 1 ,223 73 feet,
Thence S890 47' 31 "W a distance of 30 feet to the Point of
Beginning, said point being the west Right-of-Way line of
Kipling Street,
Thence NOo 12' 29"W along said west Right-of-Way line, a
distance of 62 39 feet,
Thence S730 52' 41 "W a distance of 660 30 feet,
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Thence SQo 12' 29"E a distance of 62 39 feet to the north lIne
of Blue Grass Terrace Subdivision as recorded in Jefferson
County records in Book 134, Page 37,
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Thence N730 52' 41 "E along said north Ime a distance of
660 30 feet, to the Point of Beginning
Contams 39,617 square feet or 0 91 acres, more or less
Terms and Conditions
This rIght-of-way grant is made for the sole purpose described, and for the singular use
by the Grantee named herein. No other purpose or use IS permitted If Grantee uses or
attempts to use the lands for any other purpose whatsoever, then this right-of-way shall
become void and of no effect, and shall revert to the State Land Board or its successors
2 This right-of-way grant IS not exclusive It is subject to any and all uses, easements and
rights-of-way granted previously The State Land Board reserves the right to use, or
permit the use of, these same lands for any new purpose which will not unreasonably
interfere with or endanger any of the facilities of the Grantee, or use thereof Grantee
agrees to permit and not interfere with such new or addItional uses
3 The Grantee shall not sublet or assign, in whole or in part, this right-of-way unless the
State Land Board, at its sole discretion, gives written authorization. Any transfer or
assignment, or attempted transfer or assignment, of any of the rights granted, without
such consent in writing, shall be absolutely void, and at the option of the State Land
Board, shall terminate this agreement.
4 The State Land Board reserves the right at any and all times during the continuance of
the right-of-way to sell, exchange. or otherwise dispose of the lands
5 If Grantee fails to construct the facility or facilities described above within two (2) years
from date hereof. thiS grant shall be subject to cancellatIOn at the option of the State
Land Board If the State Land Board agrees to extend such construction period, the State
Land Board may fix additional consideration at the time of completion of construction of
said facilities
6 Upon completion of construction of the herein described facility, the Grantee agrees to
restore the land, as near as practicable to its original condition, unless otherwise agreed
to in WrIting by the State Land Board
2
7
The Grantee shall not fence or otherwise obstruct free and open access to and travel
upon, said land, without written authorization from the State Land Board
8
If the facility for which said nght-of-way is granted is to be enlarged, replaced,
relocated, or added to in the future, the Grantee shall advise the State Land Board of
such change and furnish surveys, plats, and description of the change to the State Land
Board for approval In that event the State Land Board may, at its sole discretion,
require the Grantee to pay additIOnal conSideration.
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9 Grantee shall not estabhsh a water use. water permit, or water right unless the State
Land Board at ItS sole discretion gives written authonzation. If the Grantee uses or
establishes any water right on the state land, for any use on or off state land, such right
shall become and remain the property of the State Land Board
10 All rights to any and all minerals, ores, and metals of any kind and character, and all
coal, asphaltum, oil, gas, geothermal resources, or other substances m or under said land
are reserved to the State of Colorado. If the State Land Board desires to occupy or use,
or permit the occupancy or use of, the lands which are subject to the right-of-way herein
granted, or any portion thereof, for any purpose with which the aforesaid facilities would
interfere, including the mining, removing, or recovering of all minerals, ores, and metals
of every kmd and character and all coal, asphaltum, geothermal, steam. and other
substances m or under said land, then the State Land Board may require the Grantee to
relocate, raise, lower. disconnect, or otherwise adjust its facilities after first receiving
not less than ninety (90) days' prior written notice from the State Land Board In such
event, the Grantee shall be furnished a similar nght-of-way over and across state land,
where available and suitable, free of charge to relocate, raise, lower, disconnect or
otherwise adjust said facilities
11 The right-of-way herein granted shall continue for as long as the uses and faCilities
described above are in place, utilized and mamtained by the Grantee or until the
expiration of the terms, whichever comes first If the said use of facilities are abandoned
for twelve (12) consecutive months, this right-of-way or any unused portion thereof shall
automatically and without notice terminate
12 The Grantee may remove the facilities during the term granted Upon such removal, the
right-of-way shall terminate, except that temporary removal of said facility during
maintenance or approved reconstruction shall not terminate this grant.
13 Upon termination of this right-of-way either for cause or by expiration of term, the
Grantee shall restore the premises as nearly as possible to the condition they were in
prior to the grant and construction of the original right -of-way, unless otherWise
requested or agreed to by the State Land Board
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14, The Grantee assumes all liabIlity ansmg from the exercise of thIs flght-of-way, includmg
but not limited to the risk of all injuries, including death, resultmg therefrom to persons
and damage to property, including loss of use thereof, and all taxes, fees, assessments or
charges, resulting directly or indirectly, wholly or in part, from this flght-of-way and to , (_
indemnify, save harmless and defend the State Land Board from and against any and all vr
liabilIty arising therefrom
15 The Grantee will pay full compensatIon to the State Land Board for damages to its
property, rights, franchIses or pflvileges, including liabilIties and damages to its lessees
and other third partIes resulting from acts, omissions or use of the lands or rights granted
under this right-of-way
16 Failure to comply with any term or condition contained in this right-of-way grant shall
be grounds for terminatIon by the State Land Board.
17 The following Item (a) shall apply and supersede any conflicting terms or conditIOns set
forth above
a
A'ITEST
Approved and accepted
City of Wheat Ridge, Colorado
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Signature
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Printed Name
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Title or Position
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Date
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