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RECORDED IN
COUNTY OF ~EFFERSON
STATE OF COLORADO. r
RECEPTION NO. 81U4144~
04/13/87 13:00 ~.OO
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Project No.: SI-101.03JMR1456
Location: 12300 W. 44th Ave.
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NON-EXCLUSIVE PERMANENT
EASEMENT FOR PEDESTRIAN RAMP
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THIS EASEMENT, made this 26th day of March, 1987, by and between TOTAL
PETROLEUM, INC., a Michigan corporation, the successor by merger to Vickers
Petroleum Corporation, a Kansas corporation, having its principal office at Denver Place
North Tower, Suite 2201, P.O. Box 500, Denver, Colorado 80201 (hereinafter referred to
as "Grantor"), and THE CITY OF WHEAT RIDGE, a Municipal corporation of the State of
Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado 80034
(hereinafter referred to as "Grantee").
WITNESS, that said Grantor for the consideration of a construction permit to
make certain improvements to Grantor's property and other considerations paid to it by
Grantee, does by these presents grant a non-exclusive permanent easement to Grantee,
its successors and assigns, for the construction, maintenance, operation and replacement
of a pedestrian ramp across land in the City of Wheat Ridge, County of Jefferson, State
of Colorado, more particularly described as follows:
A parcel of land containing 72 square feet, more or less, which
is contained in the tract described at Book 2365, Page 310, in
the office of the Jefferson County Clerk and Recorder; said
parcel being more particularly described as follows:
Beginning at the northeast corner of the tract described at
Book 2365, Page 310; thence West along the northern border of
said tract a distance of 12 feet; thence southeast to a point on
the eastern border of said tract which is 12 feet south of the
POINT OF BEGINNING; thence along sdaid eastern border to
the POINT OF BEGINNING.
The above described easement contains 72 square feet, more or
less, and is for the purpose of constructing a sidewalk and
handicap ramp.
Also known and numbered as 12300 West 44th Avenue
(Hereinafter referred to as the "Premises".)
1. The construction of the pedestrian ramp shall be installed by Grantee
with Grantor's approval.
2. When completed, the maintenance, operation or replacement of the
pedestrian ramp:
A. Shall be performed by Grantee in such a manner as not to
interfere with either the conduct of service station business or
the conduct of any other business or other activity on property
adjacent to the Premises.
B. Shall be performed by -ottl:y-~-~ CX::tober I, 1987. cI>~
C. Shall be performed in such a manner as to enable Grantor to
use, for any legal purpose, the surface of the Premises,
provided, however, that Grantor shall not use or permit the use
of the Premises in a manner which will or may harm or
interfere with Grantee'smaintenance thereof.
3. All improvements, if any, such as signs, lights, underground wires,
pipes, or any other type of improvement that will be disturbed in any
form by Grantee or any contractor working for or on behalf of
Grantee will be re-established by Grantee or Grantee's contractor at
#2358
RECEPTION NO. 81047443
Grantee's expense to a position and in a condition that each such item
possessed before construction began.
4.
Grantee shall not cause or permit any access or driveway approach
leading to Grantor's adjoining property to be blocked or hindered in
any manner while this easement is in effect.
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5. Grantee or any contractor working for or on behalf of Grantee shall
not park or store any equipment on Grantor's adjacent property while
working on the installation or maintenance of the pedestrian ramp.
6. All property or improvements to the Premises or Grantor's adjoining
property which are damaged or disturbed as a result of the exercise of
any rights hereunder by Grantee, its agents or contractors, shall be
restored by Grantee to their im mediately prior condition within thirty
(30) days after completion of any construction while their easement is
in effect.
7. Grantee shall accept the full responsibility, prior to the granting of
any construction contract for work that will be performed on said
easement area, or the assigning of said easement to any third party
that Grantee will have included in any contract or work or
assignment agreement, a hold harmless clause that will hold Grantor,
its corporate parent, affiliates, subsidiaries and assigns harmless from
any and all claims, damages, judgments, or obligations whatsoever,
including the cost of defense of suit, arising out of damage to
property, including property of Grantor, its affiliates, subsidiaries or
assigns, or arising out of injury (including death) to persons including
employees of Grantor, its corporate parent, affiliates, subsidiaries or
assigns, incurred or alleged to have been incurred in connection with
or as a result of the granting of any contract for work or the
assignment of this easement agreement to a third party.
8. This instrument shall be binding upon and inure to the benefit of the
parties hereto, their successors and assigns, and shall become
effective upon execution of this instrument by both parties hereto,
and a completed copy returned to Grantor's real estate department at
the above address.
Dated this 26th day of March, 1987.
GRANTOR:
(CORPOR-ATE SEAL)
GRANTEE:
THE CITY OF WHEAT RIDGE,
a Municipal corporation of the
State of Colorado
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By:
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Title:
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(CORPORATE SEAL)
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RECEPTION NO. 87047443
STATE OF COLORADO )
) ss.
CITY AND COUNTY OF DENVER )
On this ...s/9+ day of\. i ) h '" {, . , 1987, before me personally appeared Kenneth 3
R. Buckler, to me personally known, and each being first duly sworn to me did say that he
is the Executive Vice President, Petroleum Products of Total Petroleum, Inc., a Michigan
corporation, and the said Kenneth R. Buckler acknowledged the foregoing instrument on
behalf of the corporation.
WITNESS my hand and official seal.
My,.eommission expires:
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(NOTA'R)AL SEAL)
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Notary PUblic, State of Colorado
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STATE OF COLORADO
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) ss.
COUNTY OF )
On this _-:iy.d-"day of //?c//C-/7
appeared A <1/.Yc S;///~.s and
personally known, and being first duly sworn did say
the //7c1C/C''€' and
Wheat Ridge, a Colorado municipal
said P/<:-:{ /Jj(" 'J///r{ and
the execution of the foregoing instrument as Grantee on behalf of said
Ridge.
, 1987, before me personally
, to me
that they are
of the City of
and the
acknowledged
City of Wheat
corpora tion,
WITNESS my hand and official seal.
My commission expires: / / //y/:t::;y
,
(NOTARIAL SEAL)
<:~~ . ~U~7J'.;1L
ic, State of Colorado
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This Instrument Drafted By:
Charles V. Hicks
Real Estate Manager
Total Petroleum, Inc.
Denver Place North Tower, Suite 2201
P.O. Box 500
Denver, Colorado 80201
When Recorded Return to:
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