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Home My WebLink About04110011 RECEPTION NO. F0440654 26.00 2JQ RECORDED IN JEFFERSON COUNTY, COLORADO Right -of -Way 3063, Book 30 App 97/108 PG: 0001 -'; 05 7 /09 /97 9:53:14 WHEAT RIDGE EAS& MENT This Right -of -Way made this 24th day of May, 1996 between the State of Colorado (Grantor), acting by and through the State Board of Land Commissioners (aka State Land Board), and the Valley Water District (Grantee) Witnesseth Whereas, Grantee has applied to the State Land Board for a right-of-way across certain portions of state trust Lands for the purpose of constructing, operating, and maintaining a 12- inch water main, and Whereas, the State Land Board has approved the application subject to the terms and conditions set forth herein. Now therefore, the State Land Board, in consideration of the terms and conditions herein, and for the consideration of Two Hundred Fifty and No/100 Dollars ($250 00), grants unto the Grantee, a right-of-way for the purpose of constructing, operating, and maintaining a 12-inch water main over and across certain portions of state trust lands described as follows Township 3 South, Range 69 West, 6 PM, Jefferson County, Colorado Section 16 SE4 50th Avenue & Kipling A strip of land 50 feet in width lying 25 feet on each side of the as -built centerline of said 12-inch waterline (per survey required in Clause 17a), Location of said strip shall lie within the following described parcel Beginning at the southeast corner of said Section 16, Thence NO' 12' 29"W along the east line of said Section 16, a distance of 1,232 28 feet to the Point of Beginning, Thence continuing NO' 12' 29"W along said east line, a distance of 62.39 feet; 1 Thence S730 52' 41"W a distance of 69149 feet, ;1-- Thence sao 12' 29"E a distance of 62 39 feet to the north line of Blue Grass Terrace SubdivislOn as recorded in Jefferson County records in Book 134, Page 37, Thence N730 52' 41"E along said north line a distance of 691 49 feet, to the Point of Beginning Contains 39,617 square feet or a 91 acres, more or less Terms and Conditions 1 This right-of-way grant is made for the sole purpose described, and for the singular use by the Grantee named herein. No other purpose or use is permitted If Grantee uses or attempts to use the lands for any other purpose whatsoever, then this right-of-way shall become void and of no effect, and shall revert to the State Land Board or Its successors 2 This right-of-way grant is not exclusive It is subject to any and all uses, easements and rights-of-way granted previously The State Land Board reserves the right to use, or permit the use of, these same lands for any new purpose which will not unreasonably Illterfere with or endanger any of the facilities of the Grantee, or use thereof Grantee agrees to permit and not interfere with such new or addltlOnal uses 3 The Grantee shall not sublet or assign, III whole or III part, this right-of-way unless the State Land Board, at its sole discretion, gIVes written authorization. Any transfer or assignment, or attempted transfer or assignment, of any of the rights granted, without such consent in writing, shall be absolutely void, and at the option of the State Land Board, shall temlinate this agreement. 4 The State Land Board reserves the right at any and all times during the continuance of the right-of-way to sell, exchange, or otherwise dispose of the lands 5 If Grantee fails to construct the facility or facillt1es described above within two (2) years from date hereof, this grant shall be subject to cancellation at the option of the State Land Board If the State Land Board agrees to extend such construction period, the State Land Board may fix additional consideration at the time of completion of constructlOn of said facilities 2 3 6 Upon completion of construction of the herein described facility, the Grantee agrees to restore the land, as near as practicable to its original condition, unless otherwise agreed to in writing by the State Land Board 7 The Grantee shall not fence or otherwise obstruct free and open access to and travel upon, said land, without written authorization from the State Land Board 8 If the facility for which said right-of-way is granted is to be enlarged, replaced, relocated, or added to in the future, the Grantee shall adVise the State Land Board of such change and furmsh surveys, plats, and description of the change to the State Land Board for approval In that event the State Land Board may, at its sole discretioll, require the Grantee to pay additional consideratlOn. 9 Grantee shall not establish a water use, water permit, or water right unless the State Land Board at its sole discretIOn gives written authorization. If the Grantee uses or establishes any water right on the state land, for any use on or off state land, such nght shall become and remain the property of the State Land Board 10 All rights to any and all minerals, ores, and metals of any kllld and character, and all coal, asphaltum, oil, gas, geothermal resources, or other substances in or under said land are reserved to the State of Colorado If the State Land Board desires to occupy or use, or permit the occupancy or use of, the lands which are subject to the nght-of-way herein granted, or any portion thereof, for any purpose with which the aforesaid facilities would interfere, including the mining, removing, or recovering of all minerals, ores, and metals of every kind and character and all coal, asphaltum, geothermal, steam, and other substances in or under said land, then the State Land Board may require the Grantee to relocate, raise, lower, disconnect, or otherwise adjust its facilities after first recelVlllg not less than ninety (90) days' prior written notice from the State Land Board In such event, the Grantee shall be furnished a similar right-of-way over and across state land, where available and SUItable, free of charge to relocate, raise, lower, disconnect or otherwise adjust said faCilities 11 The right-of-way herein granted shall continue for as long as the uses and facilities described above are in place, utilized and maintained by the Grantee or until the expiration of the terms, whichever comes first If the said use of facilities are abandoned for twelve (12) consecutive months, this nght-of-way or any unused portion thereof shall automatically and without notice terminate. 12 The Grantee may remove the facilities during the term granted. Upon such removal, the nght-of-way shall termlllate, except that temporary removal of said facility during maintenance or approved reconstruction shall not terminate this grant 3 13 Upon termination of this right-of-way either for cause or by expiration of term. the Grantee shall restore the premises as nearly as possible to the condition they were in prior to the grant and construction of the original right-of-way, unless otherwise requested or agreed to by the State Land Board ~ 14 The Grantee assumes all liability arising from the exercise of this right-of-way, lllcluding but not limited to the nsk of all injunes, including death, resulting therefrom to persons and damage to property, including loss of use thereof, and all taxes, fees, assessments or charges, resultlllg directly or indirectly, wholly or in part, from thiS right-of-way and to indemnify, save harmless and defend the State Land Board from and against any and all liability arising therefrom. 15 The Grantee will pay full compensation to the State Land Board for damages to its property, rights, franchises or privileges, lllcluding liabilities and damages to its lessees and other third parties resultlllg from acts, omissions or use of the lands or rights granted under thiS nght-of-way 16 Failure to comply with any term or condition contained in this right-of-way grant shall be grounds for termination by the State Land Board 17 The following item (a) shall apply and supersede any conflicting terms or conditions set forth above a. A plat and centerline survey performed by a registered land surveyor, shall be provided to depict the location of this easement Survey shall be submitted within one-year of the completion of the waterline installatlOn project, or not later than December 31, 1998, whichever occurs first. Approved and granted State of CZlor 0, by the " State Boardpf a.nd commiSSiof~. ~ . .~( 1-- ~- /~-t-,Ii//I Dennis DeVore, Right-Of-Way Manager 4 3 Approved and accepted Valle] W ate,r D~strict L:r.",4.t/~/~.s 4~-<.- Signature !C/U1/ /-1/.:).!.!...J- 5/"1...1/'-' k.:- Printed Name /X!;s i .(J~-/v r Title or Position -:7/ rJ /1 -"7 /i 01 _/ Date 5