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RECEPTION NO. Q41SnQ31 25.0n
RECORDED IN COUNn OF JEFFERSON STATE OF COLORADO 11,16/94 1<+:49
EASEMENT AGREEMENT
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THIS AGREEMENT, made and entered into as of the 1st day of SepterrDer 1994
The City of Wheat Ridge
hereinafter called "Grantor", (whether grammatically singular or plural) and the
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by and between 0
valley \'fiter District
cI.. hereinafter called "District"
I' ? .f$t> WITNESSETH: .
For and in consideration of the sum of TEN AND NO/IOO DOLLARS ($1000) and other good and valuable
consideration to the Grantor in hand paid by the District, the receipt whereof is hereby acknowledged, the Grantor hereby
grants to the District, 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 other related control systems,
underground cables, wires and connections and surface appurtenances. By way of example and not by way of limitation, the
parties 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 and across the following described parcel of land
situate, lying and being in the City of County of Jefferson and State of Colorado, to,wit:
Wheat Ridge
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A TRACT OF LAND 30 FOOT IN WIDTH LOCATED IN THE WEST ONE-HALF
OF SECTION 21 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M.
CITY OF WHEAT RIDGE. JEFFERSON COUNTY, COLORADO. DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BAR
HEIGHTS SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON
COUNTY RECORDS IN PLAT BOOK 18 AT PAGE 16, THENCE S.O'25'07"E
(BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 21 BEARS N.0'31'40.' W.).ALONG THE
WEST LINE OF WEST 43RD AVENUE, A DISTANCE OF 30.00 FEET;
THENCE S.89'35'15" W. A DISTANCE OF 97.60 FEET; THENCE N.22'
26'04"W. A DISTANCE OF 49.69 FEET; THENCE S.89'59'42"E. A
DISTANCE OF 32.46 FEET; THENCE S.22'26'04"E. A DISTANCE OF
23.27 FEET; THENCE N.89'35'15"E. A DISTANCE OF 77.37 FEET TO
THE POINT OF BEGINNING, CONTAINING 3,625 SQUARE FEET, MORE OR
LESS.
IT IS HEREBY MUTUALLY covenanted and agreed by and between the parties hereto as follows:
1 The District shall have and exercise the right of ingress and egress in, to, over, through and across the
above described property for any purpose needful for the full enjoyment of any other right of occupancy or use provided for
herein,
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 box or sign, temporary or permanent,
or shrub, tree, woody plant or nursery stock, of any kind situated on the above described easement as of the date of this
Agreement, may be removed by the District without liability for damages arising therefrom.
(30' EX,DIST)
5040/5/89
3, Existing fencing disturbed or destroyed by the District in constructing its facilities shall be replaced by the District i' "
to its original condition as nearly as may reasonably be done, however, the Grantor shall not construct new fencing across or I
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within the easement herein described without the written approval of the Distnct. i
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4 All water pipelines installed within the above described easement shall be laid not less than four feet below the /"
natural surface of the adjacent ground, \.;:',-~7
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5, The District 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 District, 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 four 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 District of the cost of any alterations to any pipeline facility made necessary by the d-
change, I
6, After 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 earth resulting from installations by the District shall be removed from the easement at the sole expense
of the District. The District agrees that for a period of one year following construction which involved disturbance of the
surface of the ground, the District 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 District.
7, 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,
8, The District is acquiring the rights in the subject property as herein provided in order to insure to the District a
dominant easement for the exercise of the District'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 District. The District agrees to permit and authorize
such other uses of the subject property, not reserved in the Grantor, as will not impair the District's dominant rights, upon the
payment of reasonable compensation to the District and upon such terms, limitations, and conditions as the District shall find
reasonably necessary to protect its dominant right of occupancy of the subject property for the purpose of the District
without undue or unnecessary injury to or impairment of the estate retained by the Grantor
9 In case the District shall abandon its rights herein granted and cease to use the same, all right, title and interest
hereunder of the District 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 District so abandoned, but nothing herein shall
be construed as working a forfeiture or abandonment of any interest derived hereunder and not owned by the District at the
time of the abandonment of District rights.
10, The Grantor warrants that he has full right and lawful authority to make the grant hereinabove contained, and
promises and agrees to defend the District 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,
11. 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
12, 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,
(30' EX,DIST,)
.2.
5040/5/89
IN WITNESS WHEREOF, the parties hereto have executed the within Agreement as of the day and year first
above written. "
A TIES)::
,
(TITLE)
(Individual Acknowlegement)
II
STATE OF COLORADO
COUNTY OF
ss.
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Dan Wilde, Mayor
-;ttiv" i;,)!/j:hJ.'/
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Kathryn SchroErler,
City Attorney
The within and foregoing instrument was acknowledged before me by
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(TITLE)
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on this
day of
, 19
My commission expires.
Witness my !lend and, official seal.
(Corporate Acknowledgment)
ST ATE OF COLORADO
COUNTY OF
ss.
The foregoing instrument was acknowledged before me by
Notary Public
Address:
as
President and
as
Secretary of
a
corporation
on this
day of
, 19
My commission expires:
Witness my hand and official seal.
"~to ;
, i
ATIEST'
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~Q.<. ~h
Secretary
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IDIST EXECt.mONI
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Notary Public
Address:
DISTRICT
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52601518.3
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DESCRIPTION ,FOR WATER LINE EASEMENT
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A TRACT OF LAND 30 FOOT IN WIDTH LOCATED IN THE WEST ONE-HALF\(I ,J
OF SECTION 21 TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M. ^<'^'
CITY OF WHEAT RIDGE, JEFFERSON COUNTY, COLORADO, DESCRIBED AS '-/-
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 4, BAR
HEIGHTS SUBDIVISION, A SUBDIVISION RECORDED IN THE JEFFERSON
COUNTY RECORDS IN PLAT BOOK 18 AT PAGE 16, THENCE S.0'2S'07"E
(BASED ON THE ASSUMPTION THAT THE WEST LINE OF THE NORTHWEST
ONE-QUARTER OF SAID SECTION 21 BEARS N.0'31'40" W.).ALONG THE
WEST LINE OF WEST 43RD AVENUE, A DISTANCE OF 30.00 FEET;
THENCE S.89'35'1S" W. A DISTANCE OF 97.60 FEET; THENCE N.22'
26'04"W. A DISTANCE OF 49.69 FEET; THENCE S.89.59'42"E. A
DISTANCE OF 32.46 FEET; THENCE S.22'26'04"E. A DISTANCE OF
23.27 FEET; THENCE N.89'35'15"E. A DISTANCE OF 77.37 FEET TO
THE POINT OF BEGINNING, CONTAINING 3,625 SQUARE FEET, MORE OR
LESS.
PREPARED BY:
STEVEN D LISTER
FOR AND ON BEHALF OF:
LANE ENGINEERING SERVICE INC.
9500 WEST 14TH AVENUE
LAKEWOOD, COLORADO
SHEET 1 OF 2
T69-1
JULY,1994
W 1/2 SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69WEST ,6TH PM.
J EFFERSON COUNTY
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THE VALLEY WATER D/STR/CT
WHEAT RIDGE, COLORADO
PARKSIDE PATIO HOMES
Scale I" = 40'
Own H P B
100 Ie 8- 30 - 9'4
94-5A