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fOf EASEMENT AGREEMENT
fl ~ THIS AGREEMENT, made and entered mlo as of the c/ }11 day of fl;;'o! /' '
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19 ' ) /1
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bv imd between
The City of Wheat Ridge, a municipal corporation of the State of Colorado
hereinafter cCllled "Grantor", (whether ~rammatically singular or plural) and CITY AND COUNTY OF DENVER, acting by
and through Its BOARD OF WATER COMMISSIONERS, hereinafter called "Board"
WITNESSETH:
For and in cunslderation of the sum of
Ten and no/100 - - - - - - - - - - - Dollars ($10.00)
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and other good ond valuable consideration to the Grantor in hand paid by the Board, the receipt whereof IS hereby
acknowledged, the Grantor hereby grants to the Board, its successors and assigns, the sole, exclusive and permanent right to
enter, re-enter, occupy and use the hereinafter described property to construct, maintain, repair, replace, remove, enlarge
and operate one or more water pipelines and all underground and surface appurtenances thereto, including electric or uther
related control systems, underground cables, wires and connections and surface appurtenances_ Bv way of example and not
by wa~1 of limitation, the portles intend to include within the terms "pipelines" and "appurtenances" the following: mains and
conduits, valves, vaults, manholes, control systems, ventilators, and the like, in, through, over ;Uld across the followmg
described parcel of land Situate, lying and being m the County of Jefferson and State of Colurildo,
to Wit.
A parcel of land situated in the northwest quarter of the southwest
quarter (NWl/4 51'11.14) of Section 25, Township 3 South, Range 69 West of the
Sixth Principal \1eridian, being a portion of Lot 4, Block 4 Amended Plat of
Henderson's Subdivision, more particularly described and bounded as follows:
Beginninq at a iJ. W.O. brass cap on the north boundary of West 29th
Avenue, whence e, i).W.O. brass cap at tile intersection of the north
boundary of West 29th Avenue and the west boundary of Newland street,
bE'8TS North 89Q47'30" E::lst, n distanc3 (If 134.68 feet, more or less;
thence North 38029'30" East, a cjstancG 0;' n.!;.;') f"'et .~c; c; u.w.D.
brass cap; therce Nortn 300 If)' 30" East, a distance of 169.75 feet to
a O.W.D. brass cap on the west boundary of Newland street; thence
North 0013' 30" West along said west boundary, a distance of 112.62
feet to 8 D.W.O. brass cap; thence South 89047'30" West, a distance
of 26.43 feet to a D.W.D. brass cap; thence South 31028' West, a
distancE' of 12.14 feet to a O.W.D. brass capi thence South 30010'30"
West, a distance of 241.39 feet to a D.W,O. brass cap; thence South
49054' West, a distance of 127.68 feet to a 0.1'1.0. brass cap; thence
South 0013'30" East, a distance of 19.35 feet to a n.W.D. brass cap
on the north boundary of West 29th Avenue; thence NeTtr 890/47' ~O"
East along said north boundary, a distance of 118.32 feet, more or
less to the point of beginning, as shown on 0.1'1.0. drawing Or. 402
No. 1343, a copy of which is attach~0 her~to 8nd made a part hereof.
The above oescribed parcel contains 0.65 acre, more or less.
RECEPT ION NO.
7/16/90 12:00
RECORDED IN
COUNTY OF JEFFERSON
STATE OF COLORADO
90059742
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IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows:
1 The Board shall have and exercise the right of ingress and egress in, to, over, through and across the above
dpsnihed IX"",'r'" few W~':'I Jr:,n~p I1penf( 1l tor the full enjoyment of any other right Dt nccupi1ncy or use prOVided for herem.
2, The Grantor shall not construct or place any structure or building, street light, power pole, yard light, mail
box or sign, temporary or permanent, or plant any shrub, tree, woody plant or nursery stock, on any part of the above
described easement Any structure or building, street light, power pole, yard light, mail bDx or sign, temporary or permanent,
IIf shrub, trel', woody plant or nursery stock, of any kind situated on the above described easement as of the date oj this
Agreement, may be removed hy the Board without liability for damages arising therefrom.
')112K If)i88
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3 EXIsting fencing disturbed or destroyed by the Board in constructing its facilities shall be replaced by the Board to /}
its original condition as nearly as may reasonably be done, however, the Grantor shall not construct new fencing across or pZ
Within the easement herein described without the written approval of the Board.
4 The Grantor grants to the Board the right to occupy the easement in order to protect Its interests in and nght of
occupancy of the easement at all times and particularly during times of construction, repair, removal, replacement or
enlargement of water facilities.
5 All water pipelines installed within the above described easement shall be laid not less than two and one. half feet
below the natural surface of the adjacent ground.
6 The Board shall have and exercise the right of subjacent and lateral support to whatever extent is necessary or
deSirable for the full, complete and unmolested enjoyment of the rights hereinabove described. It is specifically agreed
between the parties that the Grantor shall take no action which would impair the earth cover over, or the lateral or subjacent
support for any water pipeline or lines and appurtenances Within the easement, provided, however, that upon obtaining the
specific written permission of the Board, the earth cover over any water pIpeline or lines may be modified, but normally
permission will not be granted for a modification involving a cover of less than two and one-half feet nor greater than ten feet
measured vertically from the top of any water pipeline or lines, and any modification undertaken by the Grantor shall be upon
terms which provide for reimbursement to the Board of the cost of any alterations to any pipeline facility made necessary by
the change.
7 Alter construction of any water pipeline or lines as hereinabove referred to, the general surface of the ground,
except as necessarily modified to accommodate appurtenances, shall be restored, as nearly as may reasonably be done, to
the grade and condition It was in immediately prior to construction. Topsoil shall be replaced in cultivated and agricultural
areas, and any excess eart h resulting from installations by the Board shall be removed from the easement at the sole expense
of the Board. The Board agrees that for a penod of one year following construction which involved disturbance of the surface
of the ground, the Board will maintain the surface elevation and quality of the soil by correcting any settling or subsiding that
may occur as a result of the work done by the Board.
8. The Grantor has retained the right to the undisturbed use and occupancy of the subject property insofar as such
use and occupancy IS consistent with and does not impair any grant herein contained and except as herein otherwise
provided.
9 It IS mutually agreed by and between the parties hereto that the Board may commence the exercise of its rights
hereunder forthwith or it may postpone the exercise of all or some part of its nghts hereunder to some indeterminate future
time. The Board is acquiring the rights in the subject property as herein proVided in order to insure to the Board a dominant
easement for the exercise of the Board's functions, and that the exercise of any rights in the subject property other than those
retained by the Grantor shall be Within the discretion of the Board.
10 In case the Board shall abandon its rights herein granted and cease to use the same, all right, title and interest
hereunder of the Board shall cease and terminate, and the Grantor shall hold said premises, as the same may then be, free
from the rights so abandoned and shall own all material and structures of the Board so abandoned, but nothing herein shall be
construed as working a forfeiture or abandonment of any interest denved hereunder and not owned by the Board at the time
of the abandonment of Board rights.
11 The Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained, and
promises and agrees to defend the Board in the exercise of its rights hereunder against any defect in his title to the land
involved or his right to make the grant hereinabove contained,
12 Each and everyone of the benefits and burdens of thIS Agreement shall inure to and be binding upon the
respective legal representatIves, heirs, executors, administrators, successors and assigns of the parties hereto
13 Unless special proVIsions are attached hereto, the above and foregoing constitutes the whole agreement
between the parties and no additional or different oral representation, promise or agreement shall be binding on any of the
parties hereto with respect to the subject matter of this instrument To the extent that any special provisions added hereto are
in conflict with any other provisions hereof, such special proVIsions shall control and supersede any other terms or provisions
hereof.
SPECIAL PROVISIONS
None
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IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first
above wntten,
ATTEST
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By~{;','"kv
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' C~tl ClerkrITLE)
STATE OF COLORADO
SSe
COUNTY OF
dS
Tlw foregoing Il1strument was acknowledged before me by
Mayor ~ Pl'f'ml and
___ City Clerk Wf<flN'f of ~ City
a municipal
on thiS ~ day ul
corporahon
, 19____
My commission explres:__.._ .
Witnpss my hand and ofhClal sea\.
RECEPTION NO. 900597~2
APPROVED AS TO FORM
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Lpgal D,v\s\on
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CITY OF WHEAT RIDGE
A MUaicipal eorporation
By:
~~
Mayor
DAN 'IV l/"'i)~
VVANv.'\ S"M c~
of Wheat Ridge
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ITITLE)
__as
Notary Public
CITY AND COUNTY OF DENVER.
acting by and through its
BOARD OF WA'TER COMMISSIONERS
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SW 1/4 SECTION 25) TOWNSHIP 3 SOUTH l.- RANGE 69 WEST 6th P. M. LJ
- JEFFERSON COUN I Y- /
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PARCEL CONTAINS 0,65 ACRE I. I
r DENVER WATER DEPARTMENT I
EA~&~~V1Tc~u9RfJ FROM
SCAlU;'~80i~~-Y OF -;~~:!-~~~~-20-1996----1
__ ____'__'_" .__._ ,.^_._ .~_ ,_. .-J.-______ ___._.2_ _..__._..__Y
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NWI/4 5'#1/4 SEC,25
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btGrlOg 0 are bas eO or 0 M, 'II, W. survey for
Conduit No, 21 ot Dec 5,1967 For field notes
see D. M, 'II, W. Fielo Book No 1699 Poge 64.
80 0 eo
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RECEPTION NO. 9~~597~2
SCALE IN FEET
LEGEND
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EASEMENT ACQUIRED
D W D BRASS CAP
DOCUMENT DATED
SEC'Y FILE DOC
RIV1S ITEM NO CARD NO 000
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