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HomeMy WebLinkAbout0113 ~ , ~.J \" &J ~:~ : f<;:; - ;cn z-\~< ~ .c:: r ..-; :J " .J' 'J <::! ) ~:::l ::. "t c::c ~') ':~ -< '" J 8 j 0 7 7 I 3 6 CCP-179, 180 and 181 EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINE~ THIS INDENTURE made this 19th day of July , 1983, between ADOLPH COORS COt~PANY, a Colorado corporation, County of Jefferson, State of Colorado, hereinafter called "Coors"; and the METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO.1, a metropolitan sewage disposal district, duly organized under the laws of the State of Colorado, hereinafter called "District"; \HTNESSETH: That for and in consideration of the sum of Ten Dollars and other consideration, cash in hand paid, the receipt of which is hereby acknowl- edged, Coors hereby grants unto the District a ten (10) foot permanent nonexclusive easement and right-of-way, including the perpetual right to enter upon the real estate hereinafter described at any time reasonably necessary to -construct, maintain service and repair an underground pipeline or main for the purpose of conveying sewage under the lands hereinafter described, together with the right to excavate and refill ditches and/or trenches for the location of said pipeline or main and the further right to remove trees, bushes and undergrowth interfering with the location, construction and maintenance of said pipeline or main, manholes and underground appurtenances. The easement and right-of-way hereby granted is located in the County of Jefferson, State of Colorado, and is over, across and through a strip of land described as follows: See Exhibit "A" attached hereto and made a part hereof. To have and hold such easement and right-of-way unto the District and unto its successors and assigns forever unless abandoned for one year, whereby all right, title and interest hereunder of the District shall cease and terminate. Coors further grants to the District: (a) The right of ingress to and egress from said strip over and across said lands by means of existing roads and lanes thereon if such there be; otherwise by such route or routes as shall occasion the least practical damage and inconvenience to Coors; such routes must be approved by Coors in writing. The District hereby covenants and agrees: (a) After construction of any sewer pipeline or main as herein- above referred to, the District, at the sole expense of the District will perform the following work: (1) The general surface of the ground shall be restored, as nearly as may reasonably be, to the grade and condition it was in immediately prior to construction. (2) Topsoil shall be replaced and any excess earth resulting from installations by the District shall be removed from the right-of-way. (3) Ground will be reseeded with native grasses; all fences, private roads or lanes, including asphalt, will be repaired. (4) Any river, lake, creek or ditch banks disturbed will be repaired, and if removed, rip rap will be replaced. (5) No permanent fences or other improvements shall be erected or maintained on the easement without prior written consent of Coors. (6) If settling of earth should occur creating a lesser grade than the original grade up to one year after the installation or a~y excavation for. repair, the District will, as necessary, flll, place top sOll on grade and reseed with native grasses. (b) The District agrees that Coors makes no warranty as to title to the above described property and that the easement is taken by the District subject to all easements and restrictions, recorded or not, and subject to that lease entered into on July 13, 1981 between Coors and the City of \~heat Ridge, Colorado. ~'l ~:'~ 1 of i 1,5 co CJ.) CJ ~ ~ < ,) en ~-- rn -n W -r' r' C.:o.J to "" :t:--- c- """ 1,::: c-- Co g t.n ~....'.'!: .-. ~ ~:: .-:> --. = r-- = .. """ .C:- "'" W = ~:) \b en CD I'- I'- e=> CD CO " (c) CCP-179, 180 and 181 Ple District agrees to indemnify and save harmless Coors frol~ and against any and all claims, damages, actions or causes of action and expense (including attorneys' fees) for injuries or death to persons, including employees of the O'istrict, and damage to property to which Coors n:ay be subjected by reason of the District's installations being located within the right-of-way granted herein, or by reason of any work done or omission made by the District in connection with the exercise of any of the rights granted in this agreement.* ~ *As used in this paragraph, the tenn "Coors" shall mean Coors, its subsidiary or associate companies and their agents, servants, and employees. (d) The District agrees that no assignment of this agreement will be made without the prior written consent of Coors. (e) The District acknowledges that the easement is upon and through a public park and will place temporary restraints and warning signs, lights and barriers around open, excavated areas as necessary for the safety of persons entering the park. (f) Special Provisions attached hereto and made a part hereof. Coors reserves the right to use said strip for purposes which will not interfere with the District's full enjoyment of the rights hereby granted; provided that Coors shall not erect or construct any building or other structure or drill or operate any well or remove any soil, sand or gravel to the detriment of said line and will advise the District when any action is taken in said strip to diminish or substantially add to the ground cover over said pipelines. Coors retains the right for Coors, Coors lessee's or assigns to pave over said easement and erect signs in said easement, and install and maintain any pipelines on, under or across easement. The District vlill noti fy Coors at le3.st 48 hours prior to any repairs, maintenance or other activities that would effect the easement, except in the event of an emerqency I'lhen as much notice as possible will be given to Coors. District \.iil( repair or replace any pipelines installed, paving, signs or other structures erected by Coors, Coors lessee's or assigns, if d'isturbed by District in maintenance of District's sewer line. The provisions hereof shall inure to the benefit of and bind the successors 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. METROPOLITAN DENVER SEWAGE DISPOSAL DISTRICT NO. 1 , / : /" 4 jI .'", Y , ,if.1.- ~/VI ~'~ (0"', ADOLPH COORS COMPANY By -SQu.oL..Q 'f::- W=JL::, ) ,'l" Vice President ~ By_ ACKNOWLEDGEMENTS STATE OF COLORADO ) ) ) 55. COUNTY OF JEFFERSON The foriOgoing Easement was ackno\~ledged before i~le this 19~~ day of July , 19 q by Sandra K. vloods, Vice President, Corporate Real ~Isfi;te:-]iao.lP.h~ COors ConlpanL-=====~---- Witness my hand and official seal. r'ly co:nI~liosion expHes: J'1ay 9~~984 \ )-"" , ~ .J.-' Ct-\ .~'-\~,\. b',",,\l O\~D Notary Public ~. \) Address: Adolph Coors Company Golden, CO 80~Olr- ~----- '., -, \'" ,- "I' ," , \-- , ) .; > , j i J ..:J i._...... ',. ' ) ~ -" j... .~'...:~ ~..::.'" n,~, r' -'J',,' ~ \'" ~, ,J ' \,' \ \ , " ~\) Page 2 of 3 c:..o '"0 r-. r-- = m CC). CCP-179, 180 and 181 J STATE OF COLORAnO ) ) ss. COU~TY OF ADAMS ) The foregoing Easement aJkn~' edge4 before. 1;10 thiscll.},'lday of :^i 1 9 C ..., b ; 2 ~' 'of 1h.e ~\~tro~oli~~ D~nver s,wag'e Dis~;~~l Dift%{t'tio. 1. Hitness my hand and official seal.. / /{)h0180 . C~~,v~ - oJ2v~/n~~ Nota ry , t l C J Address: ~~~~",J'-....- ::::::- r. ,Y2--'" ( 0 , , / 11y, commission ;\\\\' , ,'~^ ~\i~;.:'\, -""\ ,,) " . i) 1 J_ -"~~" ' " /"" "-, explres: ~) \'~ '.J 1/'\ ; / ,~, :. ~ . ./j _J .~:t ~ if) ;-)1) " \r, <):: ~', t j '_ ~ .::):~ , <',:\' ~()....1'" ......::: ,> _ . . , 0" .,," 1.1,_ ::0........" \. SUBORDINATION AGREEMENT WHEREAS, by lease dated July 13, 1931, bet\~een the Adolph Coors Company and the City of \~heat Ridge, the City of \oJheat Ridge obtained a leasehold interest in the lands hereinabove described; and WHEREAS, the City of Wheat Ridge is agreeable to subordinating its leasehold interest in the lands described herein to the easement rights \"hich are sought by the t1etropolitan Denver Selvage Disposal District No. 1. Accordingly, the ~rt.Y\o~~at Ridge hereby subordinates the lease- hold interes,t acquir,d)y~e:.~:t~9.5.:e.. of July 13, ~981, with Adolph Coors Company to tne eas2r.1ery,V rl ghts he,f~.}~above descn bed. f ~! I"_l [ ~d .,. \-- ;'\ l ~ '\ ' '-' ij ~.~.~ C f -J'. '.~.) i ,j\ .//~'iTY OF WHEAT RIDGE, a Hcme Rule City /'''.--.4":J '- JL OHl--v ATTEST: ----- V///~/ A~ / Frank Stites, Mayor I c:i.)! " ..--ff/{ 71-/1 ;v~ It 'll;4t-- .:t1;\'~,1 f. 11~r1pf, City C1err APPROVED BY ATTORNEY: By: By: "'- / I ' --;>')/ (YL (//dx- Joh E. Hayes, C'!Y At torney , .) Page 3 of 3 )\> 83077136 cf EXHIBIT A CCP- 179, 180 & 181 A ten (10) foot wide permanent easement and right-of-way over, across and through the following described tract of land, to-wit; The East 136.6 feet of Tract 7, Pearl of the Valley Except easement described in Plat of said Subdivision Jefferson County State of Colorado Except roads and ditches and Lot 12, Shumway Resubdivision Except reservations as contained in the Plat of Pearl of the Valley and in the Plat of Shumway Resubdivision Jefferson County State of Colorado Except roads and ditches and Tract 1, Pearl of the Valley, EXCEPT the North 773.7 feet thereof ALSO The East 25 feet of the South 210 feet of the North 773.7 feet of Tract 1, together with a right-of-way as presently existing over the property to the West for ingress and egress to the above described property from \1est 44th Avenue, together with the balance of land necessary to give ingress and egress from West 44th Avenue to the aforesaid parcel of land as accepted by Jefferson County for road purposes. EXCEPT easement described in Plat of said Subdivision EXCEPT easement recorded in Book 1981 at Page 737 Jefferson County State of Colorado EXCEPT Roads and Ditches Sa i d ten (10) foot wi de permanent easement and ri ght-of-way lyi ng between 10 feet and 20 feet to the South of and adjacent to the following described centerline: Beginning at a point on the east line of Tract 7, PEARL OF THE VALLEY SUBDIVISION, SW~ NE~ and NW~ SE~ of Section 20, Township 3 South, Range 69 West of the 6th Principal Meridian, County of Jefferson, State of Colorado, 889.3 feet south of the East-West centerline of said Section 20; thence Westerly, a distance of 768.80 feet, more or less, to a point on the west line of Tract 1, PEARL OF THE VALLEY SUBDIVISION, 804.0 feet south of the East-West centerline of said Section 20. Containing 0.176 acres, more or less. 1)) A 83077136 CCP-179, 180 and 181 5 EASEMENT FOR CONSTRUCTION AND MAINTENANCE OF SEWER LINES SPECIAL PROVISIONS 1. District agrees that no new access routes will be made to the easement area. 2. District agrees to refill pipeline trench with material at least as impermeable as existing soils and to construct cutoff walls at all manholes between the North-South centerline of the NE 1/4 SE 1/4 and a point 1450 feet west of said North-South centerline. 3. District agrees to replace, maintaining existing elevations, the spillway located in the eastern edge of easement being granted herein, \~