Loading...
HomeMy WebLinkAbout0097 ./ \;j\) (1/ \j \ (J)~ (J) l.!.. M' .... '0 ~ c:, c ,- O.l ~ C) S ,--i U 8~~ <ll -; - <U .... (j) 83853[,01 hc.ft~17()AJ d / 1933 XN 13 Pi.j 12- 29 . I"' T:::rr.:r-r"Iflrq ,"'nOI"Tl,f - tJl../ J L'~"'~I~ ..LL:;, I.. "'Jc.JittDO EASEMSNT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES ) THIS INDENTURE, Made this ,. tI 101 to : 19E:?, between The / It r? day of City of Whe9~_Bid~e of the County of ,Jefferson , of the State of Colorado, party of the first part; and the METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO.1, a metropolitan sewage disposal district, duly organized under the laws of the State of Colorado, party of the second part; WITNESSETH: ~ That for and in consideration of the sum of Ten dollars and other consideration, cash in hand paid, the receipt of which is hereby acknowledged, 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 permanent 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 conveying 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 with the location, construction and maintenance of said pipelines and/or mains, manholes and appurtenances. The easement located in the of Colorado, and is over described as follows: and right-of-way hereby granted is County of ~p.fferson , State across and through a strip of land 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 convenant 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. The party of the first part further grants to the second party: (a) The right of ingress to and egress from said strip over and across said lands by means of roads and lanes ther.-eon if such there be; otherwise by such route or routes as shall occasion the least practical damage and inconvenience to the first party. Second party hereby convenants and agrees: (a) Second party shall promptly backfill any trench made by it on said strip and repair any damage it shall do to first party's fences, private roads or lanes on said lands. --1- '-....\....-r ...LJL. - " .~ / r'^~'~ /WHF'.AT' RIDGE \ '.... EASE .....: t ~IE:\jT \....17 " -" / \........"'/ (/ 3 S:SC534CI EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES ) ",j j.<l THIS INDENTURE, Made this , 19.j-':;, between The /4 (.J' day of City of Wheat Ridge !"\ <: of the County of Jefferson , of the State of Colorado, party of the first part; and the METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO.1, a metropolitan sewage disposal district, duly organized under the laws of the State of Colorado, party of the second part; WITNESSETH: That for and in consideration of the sum of Ten dollars and other consideration, cash in hand paid, the receipt of which is hereby acknowledged, 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 permanent 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 conveying 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 with the location, construction and maintenance of said pipelines and/or mains, manholes and appurtenances. The easement located in the of Colorado, and is over described as follows: and right-Of-way hereby granted is County of ,Tp.ffp.rso~' State across and through a strip of land 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 convenant 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. The party of the first part further grants to the 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 the least practical damage and inconvenience to the first party. Second party hereby convenants and agrees: (a) Second party shall promptly backfill any trench made by it on said strip and repair any damage it shall do to first party's fences, private roads or lanes on said lands. -1- CCP-132 ",.,'\ ../WHEAT\ I RWGEl I ~~~ i t CI ..7 , Cf' t \.-Llj "'.~ (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 wrongful or negligent act or omission of the second party or of its agents or employess 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 substantially add to the ground cover over said pipelines. The provisions hereof shall inure to the benefit of and bind the sucessors and assigns of the respective parties hereto and all covenants shall apply to and run with the land. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. PARTY OF THE SECOND PART: METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 By_ I ' . t v I,> / ',~ - "/< , ;JJ , 'l v I ,'J 7 <'>' , C't , y /1 ACKNOWLEDGEMEN~ STATE OF COLORADOl ) ) County of - -2> ;, <1.. !J-C'7L ) I The fo}e~9ing Ease~ent was this ;'ytJ...day of / ~jt'l:;-l '/ 19? :~, by ( c: jl /<( /1.. ~;', ,,,,/~:/ ,/10 'fLtJ' ( / WITNESS my hand and offictal seal. ss. 7l~,n9wledgrd b~fq2 me ,-T:- 'v,l: J ~/ '-.M CcJ./ My co~nission expires: .j"---------.. ..- / ./ , ....__. 1< - I " C. " /-t:.'~ \~/;: -c _(;.____?C_e.--------..... Notary publ'ic ~us!r;es~ Addre~s: u~ '" ~ .-7~') (... ,r I.J "J ). c/iL t ) tt./ 1v0'-:(' Jf.~ccff< < '. '/ ) s s' . 1/ / ) H' C,-,i;;~I,..,?"11 r-I;-- F h "- 'os C_,.:'~r l~ 10;4, STATE OF COLORADO COUNTY OF ADAMS , Ih The forepoing Easement was thIS ,) day of <-) oj '1 e , 19<2.2, by Metropolitan Donver Sewage Disposal acknowledged before me Jack B. Enger of the District No.1. WITNESS my hand and official seal. My commission expires: ~ '.Vi.. , IC./ siness Address: '. 1900 Grant Street suite 710 Denver, CO 80203 -2- CCP-132 . .,:. EXHIBIT A . LEGAL DESCRIPTION: (CCP 132) A PERMANENT EASEMENT AND RIGHT-OF-WAY OVER, ACROSS AND THROUGH THE FOLLOWING DESCRIBED TRACT OF LAND TO - In T : THAT PART OF THE NORTHEAST ONE-QUARTER OF SECTION 2~. TOWNSHIP 3 SOUTH. RANGE 69 ~EST OF THE SIXTH PRINCIPAL MERIDIAN, JEFFERSON COUNTY. COLORADO, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF CLEARVALE SUBDIVISION, THENCE NORTHEAST- ERLY ALONG THE SOUTH BOUNDARY OF SAID CLEARVALE SUBDIVISION A DISTAtlCE OF 1'06.14 FEET; THENCE SOUTH AND PARALLEL TO THE EAST LINE OF SAIO NORTHEAST .ONE-QUARTER TO A POINT, SAID POINT BEING 75 FEET SOUTH OF THE SOUTHEASTERLY LINE OF SAID ,CLEARVALE SUBDIVISION; THENCE SOUTHHESTERLY ON A LINE 75 FEET SOUTH OF ANO PARALLEL TO THE SOUTH BOUNDARY OF SAID CLEARVALE SUBDIVISION A DISTANCE OF 106.14 FEET; THENCE NORTH 75 FEET TO THE POINT OF BEGINNING. SAID EASEMENT AND RIGHT-OF-WAY BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH-SOUTH CENTERLINE OF THE NORTHEJl,ST OrlE-QUARTER OF SECTIon 22, TO\INSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN ~lHICH IS 1928.4 FEET SOUTH OF THE NORTHEAST OtlE- OUARTER OF SECTION 22; THENCE NORTH 54047' EAST A riISTANCE OF 106.1 FEET TO A POINT ON THE EAST LI~E OF THE ABOVE DESCRIBED TRACT OF LAND; THENCE NORTH 0006' EAST ALONG SAID EAST LINE A DISTANCE OF 14.0 FEET TO A POINT ON THE SOUTHERLY LINE OF A PERMANENT EASEMENT AND RIGHT-OF-WAY AS DESCRIBED IN BOOK 1795 AT PAGE 378 IN THE OFFICE OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; THENCE ALONG SAID SOUTHERLY LINE SOUTH 54050' WEST A DISTANCE OF 106.1 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF. SAID NORTHEAST ONE- QUARTER OF SECTION 22; THENCE SOUTH 0006' WEST ALONG SAID NORTH-SOUTH CENTERLINE 14.2 FEET TO THE POINT OF BEGINNING; CONTAINING 0.034 ACRES MORE OR LESS. CCP-132 LEASE THIS L..I1,ASE, execute. r. in duplicate at Denver, Colorado, this~day of ',Cln e , 19~5, by and between The City of Whp~~ Ri~gp and r'lETROPOLI'l'AN DENVER SEHP,GE DISPOSAL DISTRICT -NO. I, hereinafter called respectively lessor and lessee, without regard to number or gender. WITNESSETH: . . 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 'l'he term shall be for 3 consecutive months during the calendar year 1983 or 1984 at a rate of Fif~y ~ nn_tlDO----~----- Dollars ($ so 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 Fifty & no/lOO ------------ Dollars ($ SO 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 therc be, otherwise by such route and routes as 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 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 warrant and defend the CCP-132 title to said premises and that the lessee shall peaceably 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: APPROVED AS TO FORM: ~'M..I~~ Frank Stites, Mayo~ , ( ATTES'f: t.~ 'v _ /. , ,:;:t1Cf-tL-J;/;H;"~ - Wanda Sang, City, erk LESSEE METROPOLITAN DENVER SElvAGE DISPOSAL DISTRICT NO. 1 / / .,//,,,j' / /il{./t I . '/V,~ "'_ ~ i ;' );1/)((" 7 0 c;/: j/ . -2- EXHIBIT A '" LEGAL DESCRIPTION: (CCP 132) A TEMPORARY CONSIRUCTIO~ EASEMENT OVER. A~RCSS AND THROUGH THE FOLLO\.JItlG DESCRIBED TRf\CT OF LJl.ND TO- WIT: THAT PART OF HF NORTHEAST OiIE-QIjAR'~R OF SECTIO~: 22, TOW~SHIP 3 SOUT~l. RANGE 69 ~EST OF THE SIXTH PRINCIPAL ME?!G!AM. JEFFERSO~ COUNTY. COLORADO. DESCRIBED AS FOLLOWS: 8ESI"~InG AT THE SOUTHWEST ceRNER OF CLEA~- VrIL[ SIJBDIVISI;)!'{, THENCE NORTHHSTERU AlGNG TilE SCUTl:\ flnllNr.r "y OF SAri) CLEARVALE SUBDIVrSIO~j A rrSTJ'.NCE: 0;: 106.14 FEET.; THENCE SOU.B AND P/"'~ALLE~ TO -fHE EAST LIt'lE OF SAID rlORr-lEAST ONE-QIJARTER TO A POINT) SAID POINT BEING 75 FEET SOUTH OF THE SOUTHEASTERLY LI~E OF SAID CLEARVALE SUBDIVISION; THENCE SOUTHWESTERLY ON A LINE 75 FEET SOUTH OF AND PARALLEL TO THE SOUTH ~nUNDARY OF SAID CLEARVALE SUBDIVISION A DISTANCE OF 106.14 FEET; THENCE NORTH 75 FEET TO THE POINT OF B E r; PI N P! r; SAID EA::d<1, :'11 BEING MOIH: PARTICULARLY DESCRIBED AS F 0 L L 0 I,) S : BEGTNNI~G AT A POIMT ON THE NORTH-SOUTH CENTERLINE OF THE t10RfIIEAST OflE-Qllf\RTER OF SECTIO:I 22, TO\'!flSflIP 3 SOU f H, RAN G E 6 9 \,[ EST 0 F THE S I X T H P R I N C I PAL t1 E RID I AfI IHIHH IS 1928.4 FEET SOUTH OF THE NORTH LINE OF SAID fl 0 R THE AS T 0 f'l E - QUA R TE R 0 F S EC TI 0 N 2 2; IH E N C E tI 0 R T H 5 4 0 4 7 ' EAST A DISTA~CE OF 106.1 FEET TO A POINT ON THE EAST LItlE OF THE ABOVE DESCRIElED TRACT OF LAtlD; THENCE SQUTH on06' WEST ALONG SAID EAST LINE A DISTANCE OF 36.7 FEET; THENCE SOUTH 54047' WEST A DISTANCE OF 106.1 FEET TO A POINT ON THE NORTH-SOUTH CENTERLINE OF SAID NORTII- EAST ONE-QUARTER; THENCE NORTH 00061 EAST ALONG SAID CENTER- LINE ^ DISTANCE OF 36.7 FEET TO THE POINT OF BEGINNING; CONTAINING 0.073 ACRES MORE OR LESS.