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HomeMy WebLinkAbout0095 :"".\:'1 r-)- '''f' ,'= It THIS between ! I"~ ~ - INDENTURE, Made this ~~~ day of ~he City of WhPnt Rjngp ,/A:....ir--.lL.......CC.....__...--<-.$ /I 19,{ j , EASEt1ENT FOR CONSTRUCTION AND np-.!NTENl>_II:!CE OF SEt'lER LINES of the County of ,IPff~\~Op , of the State of Colorado, of the first part; and the f1ETROPOLITAN DE~vER SEWAGE DISPOSAL DISTRICT NO. 1, ~ metropolitan sewage disposal district, duly organized under the laws of the State of Colorado, party of the second part; \'lITNESSETH: That for and in consideration of the sum of Ten Dollars and other consideration. ca~h in hand paid. the receipt of which is hereby acknow~ ledged. parties of the first part have this day bargained and sold and by these presents bargain and sell and convey and transfer and deliver unto the party of the second part a perm~nent easement and right-of-way. including the perpetual right to enter upon the real estate hereinafter described at any time it may see fit and construct. maintain. service and repair underground pipelines and/or mains for the purpose of con- veying sewage and other fluids over, across. through and under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said pipelines and/or mains and the further right to remove trees, bushes. undergrowth and other obstructions interfering ~lith the location, construction and maintenance of said pipelines and/or mains, manholes and appurtenances. The easement and right-of-Hay here::,y granted 1.S located in the County of Jeffer~on . State of Colorado, and is over, across and through a strip of land described as follows: " See Attached Exhibit A To have and hold such easement and right-of-way unto the party of the second part and unto its successors and assigns forever. The party of the first part does hereby c'ovenant with the party of the second part that they are lawfully seized and possessed of the real estate above described, that they have a good and lawful right to convey it or any part hereof, that the above described easement and right-of-way is free from all encumbrances and that they will forever' warrant and defend the title thereto against the lawful claims of all persons whomsoever. '1'l1e firs t party further grants to tne second party: (a) The right of ingress to and egress from said strip over and across said lands by means of roads and lanes thereon if such there be; otherwise by such route or routes as shall occasion tlle least practical damage and inconvenience to the first pa=ty. Second party hereby covenant~ and agrees: (a) Second party shall promptly b:;.ck fill any trel)('h 1"ac1~ Pi" it on sa10 strip and repair any damage it shall do to first partY'3 fences, private roads or lanes on said lands. (b) Second party shall indemnify first party against any loss or damage which shall be caused by the exercise of said ingress and egress or by any \-lrongful or negligent act or omission of the second party or of its agents or employees in the course of their employment. First party reserves the right to use said strip for purposes which will not interfere with the second party's full enjoyment.of the rights hereby granted; provided that the first party shall not,erect or construct any 'building or other structure or drill or operate any well or remove any soil. sand or gravel in said strip or diminish or sub- stantially add to the ground cover over said pipelines. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto and all covena~ts shall apply to and run with the land. IN WITNESS \iHEREOF, the parties hereto have set their hands and seals the day and year first above written. PARTY OF THE SECOND PART: PARTY OF THE FIRST PART: METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 By l :?!Ll/fl:Jt~f I ~/ ,II v CITY OF WHEAT RIDGR' /i . ;14./ # -1--, ..~~ ~ ___)jl ---t-c'r'- ,/')}Z 'f CPrank Stites, Mayor .J.",,- .' ACKNOWLEDGECo1ENTS ATTES\!, :, _ ) / -~ '/1.: "1_ ~/~ Wanda ,/ ..." ) ) S5. ) STATE OF COLORADO COUNTY OF'.JEf:f:ERSON of and The foregoing Easement was efore me this 18th day February . 19~, by Will Burt, Mayor Pro-Tern, for Frank Stites, Mayor Wanda Sang, city Clerk, for the City of Wheat Ridge ~. WITNESS my hand and official seal. My co~~ission expires: I" . I"' -, ~ f) , ""'" ie'l \;!)(''''ie,'~'n "(D;'~~' ,/. 0' k., ~~' . A /) . ~/r'\/J'>~ 7/L,JC: ~ ta Publl.C STATE OF COLORADO ) ) 5S. COUNTY OF AD~~S ) Busin~~5h~dre~2~t~ ~~ 7S-v'c /U')7 Y . fI. ~ 7c;J.3 3 {i}wA-'l-' jC.ua:p.-e;, ,-.21 ~ r / hd c2;J -day of the Th~ f~egoing Easement \vas acknO\v!edged before !!',e this of r<.h , 19-9, by Jack B. Enger, Hanager Metropolitan Denver Sewage Disposal District No.1. \HTNESS my hand and official seal, l1y Corillll i.ssion expires; !,jarch /~ i \. -2- }{~t ry Pub ~c 'Jsiness Address: Inman & Flynn P.C. 1040 Capitol Life Center Denver, CO 80203 ....\..jJ-1.4~A EXHIBIT A .,' :. LEGAL DESCRIPTIO~: (CITY OF WHEAT RIDGE) A PERMANENT EASEMENT AND RIGHT-Of-WAY OVER. ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO-WIT: . . A TRACT OF LAND IN THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 22. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. JEFF- ERSON COUNTY, COLORADO DESCRIBED AS FOLLOWS; BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER 669.3 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NORTHWEST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 22 (SAID POINT ALSO BEING THE SOUTHEAST CORNER Of LOT 13, TALBERT SUBDIVISION) THENCE SOUTHERLY ALONG SAID EAST LINE A DISTANCE OF 136.0 FEET; THENCE NORTHWESTERLY A DISTANCE OF 446 FEET TO A POINT 615.0 FEET SOUTHERLY OF THE EAST-WEST CENTERLINE OF SAID SECTION 22; THENCE NORTHERLY 62.0 FEET TO THE SOUTHWEST CORNER OF THE TALBERT SUBDIVISION; THENCE EASTERLY 440.0 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHTS-OF-WAY FOR ROADS AND DITCHES. SAID EASEMENT AND RIGHT-Of-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT WHICH IS 19.8 FEET NORTHERLY OF THE SOUTHEAST CORNER OF SAID TRACT; THENCE SOUTH 84038' WEST A DISTANCE OF 76.7 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT; THENCE :NORTII 80040' WEST ALONG SAID SOUTH LINE A DISTANCE OF 31.8 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMANENT RIGHT-OF-WAY AS RECORDED IN BOOK 1715 AT PAGE 433 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID SOUTHERLY LINE NORTH 84028' EAST A DISTANCE OF 108.1 FEET TO A POINT ON THE EAST LINE OF SAID TRACT OF LAND; THENCE SOUTH 0024' EAST ALONG SAID EAST LINE A DISTANCE OF 8.4 FEET TO THE POINT OF BEGINNING; CONTAINING 0.018 ACRES MORE OR LESS. ALSO BEGINNING AT THE SOUTHWEST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE ALONG THE SOUTH LINE OF SAID TRACT, SOUTH 80040' EAST A DISTANCE OF 24.3 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMANENT RIGHT-OF-W~Y AS RECORDED IN BOOK 1715 AT PAGE 433 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY: THENCE ALONG SAID SOUTHERLY LINE NORTH 68025' WEST A DISTANCE OF 25.7 FEET TO A POINT ON THE WEST LINE OF SAID TRACT; THENCE SOUTH 0022' WEST ALONG SAID WEST lINE 5.5 FEET TO THE POINT OF BEGINNING; CONTAINING a.Ol~ ACRES MORE OR LESS. / ~,I ", r'_1'1 ;: IT LEASE . JrH1S LEASE, ~~esuted in thIS /,j ,'- day of .:t{"'-~''-'''i- The City of Wheat Ridqe / and HETROPOLITAN DENVER SE~'lAGE DISPOSAL DISTRICT NO. l, hereinafter called respectively lessor and lessee, without regard to number or gender. duplicate at Denver, Colorado, , 19 ::r '~ , by and between WITNESSETH: That lessor hereby leases to lessee, and lessee hires from lessor, 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 particularly described as follows, to-\vi t: See Attached Exhibit A The tern shall be of 2 months, commencing on the , 'irh day of Feb. 1983 , at a rate of pi ghry-F'ol1r ~ no/'OO-------- Dollars ($ 84 00 ) per month , or portion thereof, which the lessee agrees to pay to lessor in advance of use or occupancy. 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 as shall occasion the lease 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 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 employees. 5. The lessor agrees to uarrant and defend the title to said premises and that the lessee shall peaceably and quetly hold, enjoy and occupy said ~remises 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 covenents, 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: RM: #14/ ~-'H/7i r-'lIrank Stites, Mayor c AT'l't;S 1 : , fi,l 1/ 7 /7 'L;'t7'''- / "-2: - ~ ~'- LESSEE -j ,/" c::;::. , ~ City c~~J ',METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 , /) d;j / / I f /!-1 ((I I / I , / , '-, -?- EXHIBIT A LEGAL DESCRIPTION: (CITY OF WHEAT RIDGE) 'A TEMPORARY CONSTRUCTION EASEMENT OVER. ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO-WIT: A TRACT OF LAND IN THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 22. TOWNSHIP 3 SOUTH. RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN. JEFF- ERSON COUNTY. COLORADO DESCRIBED AS FOllOWS: BEGINNING AT A POINT ON THE EAST LINE OF THE NORTHWEST ONE-QUARTER OF THE SOUTHWEST ONE-QUARTER, 669.3 FEET SOUTH OF THE NORTHEAST CORNER OF SAID NORTHWEST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF SECTION 22 ( SAID POINT ALSO BEING THE SOUTHEAST CORNER OF LOT 13, TALBERT SUBDIVISION) THENCE SOUTHERLY ALONG SAID EAST LINE A DISTANCE OF 136.0 FEET THENCE NORTHWESTERLY A DISTANCE OF 446 FEET TO A POINT 615.0 FEET SOUTHERLY OF TlIF FAST-\~EST CENTERLINE OF SAID SECTION 22; THENCE NURTHEKLY 62.0 ~EET TO THE SOUTHWEST CORNER OF THE TAL- BERT SUBDIVISION; THENCE EASTERLY 440.0 FEET TO THE POINT OF BEGINNING. EXCEPT RIGHTS-OF-WAY FOR RAODS ,^liD DITCHES. SAID EASEMENT AND RIGHT-OF-WAY BEING MORE PARTICULARLY [) F c:; r R I ['If [) A') F 0 L L 0 ~I S : BEGINNING AT A POINT ON THE EAST LINE OF THE ABOVE DESCRIBED TRACT OF LAND WHICH IS 68.4 FEET NORTHERLY FROM THE SOUTHEAST CORNER OF SAID TRACT; THENCE SOUTII B4028' WEST A DISTANCE OF 248.9 FEET; THENCE NORTH 68025' WEST A DISTANCE OF 209.2 FEET TO A POINT ON TIlE WEST LINE OF SAID TRACT; THENCE SOUTH 0"22' l'IE5T ALONG SAID WEST LINE A DISTANCE OF 21.5 FEET TO A POINT ON THE NORTHERLY LINE OF A PERMANENT RIGHT-OF-WAY AS RECORDED IN BOOK 1715 AT PAGE 433 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID NORTHERLY LINE SOUTH 68025' EAST A DISTANCE OF 125.6. FEET TO A POINT ON THE SOUTH LINE OF THE ABOVE DESCRIBED TRACT; THENCE SOUTH 80040' EAST ALONG SAID SOUTH LINE A DISTANCE OF 143.8 FEET TO A POINT ON THE NORTH LINE OF THE AFOREMENTIONED PERMANENT RIGHT-OF-WAY; THENCE ALONG SAID NORTH LINE NORTH 84028' EAST A DISTANCE OF 185.3 FEET TO A POINT ON THE EAST LINE OF SAID TRACT; THENCE IJORTII On24' WEST ALONG SAID EAST LItlE A DISTANCE OF 20.1 rEET TO HIE POINT OF BEGINNING: CONTAINING 0,182 ACRES MORE OR LESS. \""'I......J.. "-.L q L:i~ ALSO BEGINNING AT THE SOUTHEAST CORNER OF THE ABOVE DESCRIBED TRACT OF LAND~ THENCE NORTH 0024' ,I-lEST ALONG THE EAST LINE OF SAID TRACT A DISTANCE OF 19.8 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMANENT RIGHT- OF-WAY AS RECORDED IN BOOK 1715 AT PAGE 433 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY~ THENCE ALONG SAID SOUTHERLY LINE SOUTH 840 28' WEST A DISTANCE OF 76.7 FEET TO A POINT ON THE SOUTH LINE OF SAID TRACT~ THENCE ALONG SAID SOUTH llNf '\OllTH ROn40' EAST A DISTANCE OF 77.5 frET TO Till:. POINT OF BEGltlNlNG; CONTAINING 0.017 ACRES MORf OR LfSS.