Loading...
HomeMy WebLinkAbout0503 EASEMENT AGREEMENT ~ (\~ l :J THIS EASEMENT AGREEMENT is made and entered into as of the _ day of January, 2003, by and between Laurence E. Nemirow and Joanne Kadish, whose address is 3096 Vivian Street, Wheat Ridge, Colorado 80215 (collectively hereinafter called "Grantors") and the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation of the state of Colorado, whose address is 7500 West 29th Avenue, Wheat Ridge, Colorado, 80033 (hereinafter called "City"), and both parties are collectively referred to herein as the "Parties" WIT N E SSE T H: For and in consideration of the City's promise to pay Eight Thousand Eight Hundred Twenty-Three and Ninetv-Five One Hundredths Dollars ($8,823 95) to the Grantors and - - for such other good and valuable consideration as provided by this Easement Agreement, the delivery and sufficiency of which is hereby acknowledged, the Grantors hereby grant to the City, its successors and assigns, a permanent and nonexclusive easement to install, operate, use, maintain, inspect, repair, replace and/or remove certain storm drain improvements and appurtenances thereto (the "Improvements"), in, to, through, over, under and across a certain parcel of real property situated, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, as more particularly described in Exhibit A, attached hereto and incorporated by this reference, such property being called the "Easement Area." IT IS HEREBY MUTUALLY COVENANTED AND AGREED by and between the Parties hereto as follows 1 The City shall possess and exercise the non-exclusive right of ingress and egress in, to, through, over, under and across the Easement Area for the purpose of installing, operating, using, maintaining, inspecting, repairing, replacing and/or removing the Improvements. 2 The City shall pay the Grantors Eight Thousand Eight Hundred Twenty-Three and Ninety-Five One Hundredths Dollars ($8,823 95). 3 The City shall not permanently locate any portion of the Improvements above ground with the exception of the following structures, for which the Grantors grant the City the exclusive right to occupy those portions of the Easement Area surface area necessary for their location a concrete box of a three foot by three foot (3' x 3') maximum dimension and a manhole frame and cover 4 Within ten (10) days following the City's completion of any installation, construction, inspection, repair or other activity within the Easement Area, the City shall restore any area within or around the Easement Area damaged or disturbed by such activity to a condition substantially identical to that existing on the date prior to commencement of such installation, construction, or repair Required restoration activities may include, but are not limited to, resetting fence \2 V CNB\53027\428564.03 RECEPT ION NO. F 11, ,.,; ,'b 1 f. ~~~2/20U~ 14:01IJ9~g, .~Ol-0uk I-HbE F.EE" '1.!..IlQ 1)111 FEF' I, C;;', RECORDED IN JEFFEPSON"~n~~iy, Co~6~ADn and metal edging when any such structure is removed or damaged, resloping disturbed ground surface areas, reestablishing disturbed vegetation, and \\... applYing topsoil, seed and an erosion blanket over trenched areas. rj 5 The Grantors shall promptly notify the City of any failure of the City to properly restore any area(s) in accordance with paragraph 4 of this Agreement, provided, however, that the Grantors' failure to promptly notify the City of any such improper restoration shall not release the City from its restoration obligations under this Agreement. Upon giving notice of any improper restoration, the Grantors shall provide the City the reasonable opportunity to cure and remedy any deficiency 6 The Grantors reserve and shall retain the right to the undisturbed use and occupancy of the Easement Area insofar as such use and occupancy is consistent with and does not impair any grant to or right of the City under this Easement Agreement. 7 The City shall have and exercise the right of subjacent and lateral support only to the extent necessary for the support of the Improvements It is specifically agreed between the Parties that the Grantors shall take no action which would impair the lateral or subjacent support for any structure installed by the City within the Easement Area, 8 The easement granted by the Grantors shall be perpetual so long as the Easement Area is used by the City for the purposes described in this Easement Agreement. The Grantors shall have the right, on and after one year following removal or abandonment by the City of the Improvements, to request the City to execute and permit recording of such instruments reasonably required to extinguish the easement, which request shall not unreasonably be denied 9 Each and every one of the benefits and burdens of this Easement Agreement shall inure to and be binding upon the respective legal representatives, heirs, executors, administrators, successors and assigns of the Parties to this Easement Agreement. All covenants herein shall apply to and run with the land 10 The Grantors do hereby covenant with the City that they are lawfully seized and possessed of the real estate above described and that they have a good and lawful right to convey it or any part thereof. 11 Nothing contained in this Easement Agreement is intended to or shall create a contractual relationship with, cause of action in favor of, or claim for relief for, any third party. Absolutely no third party beneficiaries are intended by this Easement Agreement. Any third-party receiving a benefit from this Easement Agreement is an incidental and unintended beneficiary only 12 This Agreement shall be interpreted according to the law of the State of CNB\53027\428564.03 2 Colorado Venue for any action anslng under this Agreement shall be in the appropriate court for Jefferson County, Colorado 13. This Easement Agreement constitutes the whole agreement between the Parties 'J and no additional or different oral representation, promise or agreement shall be binding on the Parties with respect to the subject matter of this Easement Agreement. 14 Nothing in this Easement Agreement is intended to waive any protection afforded to the City, its officials, employees, and agents by the Colorado Governmental Immunity Act, C.R.S S 24-10-101 et seq. or any other applicable law providing immunity to the City, its officials, employees, and agents 15 Each provision of this Easement Agreement is intended to be severable. If any provision of this Easement Agreement is declared illegal or invalid for any reason, such illegality or invalidity shall not affect the remainder of this Easement Agreement. REMAINDER OF PAGE LEFT INTENTIONAllY BLANK, SIGNATURE PAGE TO FOllow CNB\53027\428564.03 3 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first written above. GRANTORS: L~~~ E N~IROW .1 IV{..~~ CITY OF)~'il:l!;:AT RIDGE: / " 0 By' \ ~NNE KADISH (~ M~ \~ I ATT ST. BY' ~'Y'-~"^ (:J ,"cv, Wanda Sang, City Cletk ( 1 )~~ , \ - - ') ::p~~~;:~ Gerald E Dahl Wheat Ridge City Attorney STATE OF COLORADO ss County of Jefferson -, The foregoing easement was acknowledged before me this Lll!, day of _,d ",(LIe '!- fit ' 2003, by Gretchen Cerveny as Mayor, and Wanda Sang as City Clerk, Glf the City Wheat Ridge ss Witness my hand and official seal My commission expires STATE OF COLORADO County of Jefferson "\ . ''''"155100 Expires 04/1612006 n The foregoing easement was acknowledged before me this <1 day of itll1,uQ"{f , 2003, by Laurence E Nemirow and Joanne Kadish Witness my hand and official seal MADONNA M ~t~iSsion expires NDT/\R'l PUBLIC . _?_I_~:1!=.. OF LOLORAOO ----...- _____...__ I \liv fom'nis",ioo hnirp. "., '),1 7005 {)/~).Lf- (t) ht JJ d {hut ()J he;*o <'v Notary Public . CNB\53027\428564.03 4 EXHIBIT A A tract of land lying in the SE~ of Section 29, Township 3 South, Range 69 West of the 6th Principal Meridian, City of Wheat Ridge, County of Jefferson, State of Colorado, described as ~ A portion of that parcel of real property as recorded at Reception Number 92094869 in the official records of said County of Jefferson, State of Colorado, more particularly described as Commencing at the NW Corner of the SE~ of Section 29, thence N89029'16"E on and along the North line of the SE~ of said Section 29, a distance of 565 70 feet; thence SOo030'44"E, a distance of 500.79 feet to the Point of Beginning, Thence S41023'30"W, a distance of 8.00 feet; thence N48036'30"W, a distance of 161 67 feet; thence N78030'4T'W, a distance of 64 59 feet to a point, said point being on the easterly Right-of-Way line of Vivian Street; thence N10053'30"E on and along said easterly Right-of-Way line, a distance of 1 0 00 feet; thence S78030'47"E, a distance of 63.35 feet; thence S48036'30"E, a distance of 167,82 feet to the Point of Beginning, Said tract containing 1,957 square feet or 0 0449 acres, more or less NOTE: All bearings are relative to one another and are based on the bearing of the North line of the SE~ of said Section 29 being N89029'16"E. The drafter of this description is David F Brossman, PLS., prepared on behalf of the City of Wheat Ridge, 7500 W 29th Ave., Wheat Ridge, Colorado, 80033 and is not to be construed as representing a monumented land survey CNB\53027\428564.03 5 NOTICE TO PROCEED TO WYCON CONSTRUCTION PO BOX 405 BROOMFIELD, CO 80038 \ '7 -.\( FROM. CITY OF WHEAT RIDGE DEPARTMENT OF PUBLIC WORKS RE. 2002 MISCELLANEOUS DRAINAGE, PROJECT #, RFB-02-056 You are hereby notified to commence Work in accordance with the Agreement dated Dc...TOt')e.2:. 14+l-- ,20oZ., on or before ":::'~uAi!-'1 (Q-tJ.. ,~andyouare to complete the Work within FIFTEEN (15) WORKING DAYS, (TWENTY r201lF ALTERNATE SITE FOUR IS CONSTRUCTED). The date of completion of all Work is ~AN vA.ey .:~, s.* , 20~. Dated this ~day of By Title L ******** -;! <!.. "".,' :f.'.-~ (J c:: o b z ~ (f) o ~ ffi B'. ~ ;0:' 2 l: C;; ACCEPTANCE OF NOTICE Receipt of the above Notice to Proceed is hereby ackrwwledged by (Company name) W ~ 00y\ Canst, on this 1,.j.1,." day of Ue..(.Q V'('I 1)-(' y , 20 02.. Printed Name Robeyt S~\X)lc to t~ 1J~k 'J\ L.l.- 9re5i~ Signature Title ! ,... .~, t~~.~a ...,# 4 :>- e o ~ 23