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RECEPTION NO. F:\. ')~';3()BO
1/30/2004 15:03:05 PG: 001-009
PG FEE: 46.00 STATE DOC.FEE: 0.00
RECORDED IN JEFFERSON COUNTY, COLORAD
EASEMENT AGREEMENT
The printed portions of this form, except bold additions, have been reviewed by the State of Colorado, Attorney GeneraL
All additions to this form must be in bold type. All deletions must be shown by strike-through.
7"'" ~
THIS EASEMENT AGREEMENT is made and entered into this _ day of JCV/ttdt"f-
STATE OF COLORADO, acting by and through the Department of Human Services
address is 1575 Sherman Street. Denver. Colorado 80203
(hereinafter, the "Grantor"), and the City of Wheat Ridl!e. a municiual coruoration in the State of Colorado whose
address is 7500 West 29th Avenue. Wheat Ridl!e. Colorado 80033 (hereinafter. the
"Grantee").
, 2~ and between the
. whose
WITNESSETH.
That, for and in consideration of [an annual payment of Not Auulicable or a one-time
payment of Ten and No/lOO Dollars ($10.00) 1 and other good and valuable consideration, the receipt
and legal sufficiency of which are hereby acknowledged, and the keeping and the performance of the covenants and agreements
hereinafter expressed, Grantor grants to Grantee a [ellel\lsive][ellclusi','o] [nonexclusive] easement upon the following property
(hereinafter, the "Property") located in the County of Jefferson , State of Colorado, to wit:
[ADD LEGAL DESCRIPTION OF THE E.^.SEHEl>'T ,,,,"'Ull. HERE FROB SURVEY]
A parcel of land lying in Section 16, Township3 South, Range 69 West of the 6th Principal Meridian,
City of Wheat Ridge, County of J efferson, State of Colorado, described as follows:
Refer to attached Exhibit A for a description of the Parcel
Said parcel containing: 24,112 Square Feet (0.55 acres) more or less.
Said parcel to be used as: an Offsite Drainage Easement
TO HAVE AND TO HOLD, subject to the covenants and agreements hereinafter expressed, for the purpose of using the Property
for an Offsite Drainal!e Easement [for the term beginning
November 15. 2003 , and ending October 31.2102 1.
GRANTOR AND GRANTEE MUTUALLY EXPRESSLY COVENANT AND AGREE.
If at any time during the term of this Easement Agreement Grantee does not for a period of 366 consecutive days make
use of this easement for the purpose aforesaid, Grantor may in-ffis its sole discretion immediately declare such
easement abandoned and shall so notify Grantee by certified mail with return receipt requested. In the event of such
abandonment the consideration shall be forfeited.
2. This grant of easement is subject to any and all previously granted easements, rights-of-way, licenses and conveyances,
recorded or unrecorded. It is Grantee's sole responsibility to determine the existence of any rights. uses or installations
conflicting with Grantee's use of the Property hereunder. Grantee agrees to not interfere with any use in the easement
area by any other party under a previous grant Grantee understands and agrees that Grantor makes no representations
concerning ownership of nor warrants title to any of the Property To the extent that this grant of easement may
encroach on lands not owned or controlled by Grantor. Grantee assumes all responsibility for any such encroachment
3. The signatories aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in
the Property
4 If this easement is granted pursuant to 924-82-20 I CoR.S., as amended, this Easement Agreement shall not be deemed
valid unless and until approved by the officials and officers of the State of Colorado as required by ~24-82-202 CoR.S.,
as amended, or such assistants as they may designate. Signature by the Grantor shall be deemed to be verification of
approval of the eomrn1ssion or board, if any, of the institution, department or agency across the premises of which this
easement is hereby granted.
5 The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto
and all covenants shall apply to and run with the land unless otherwise specifically noted.
State as Grantor 01/02
10f6
6. The signatories aver that they are familiar with CRS 18-8-301, et seq., (Bribery and Corrupt Influences) and CRS 18-
8-40 I, et seq.. (Abuse of Public Office), and that no violation of such provisions is present
7
Grantor and Grantee agree that this Easement Agreement including all exhibits, supersedes any and all prior written or f1-
oral agreements, and there are no covenants or agreements between the parties except as set forth herein with respect to ,I)
the use of the Property by Grantee. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force or effect whatsoever unless embodied herein in writing. No subsequent amendment hereto shall have
any force or effect unless embodied in a written agreement executed and approved by the officials and officers of the
State of Colorado as required by the Colorado Revised Statutes, as amended, or such assistants as they may designate.
8. Grantee shall be responsible for recording this Easement Agreement with the Clerk and Recorder's Office in the county
or counties in which the Property is located. Grantee shall provide Grantor with a conformed copy of the recorded
easement.
9 Any notice required or permitted by this Easement Agreement may be delivered in person or sent by registered or
certified mail, return receipt requested, to the party at the address as hereinafter provided, and if sent by mail it shall be
effective when posted in the U.S. Mail Depository with sufficient postage attached thereto:
Grantor'
State of Colorado
Department of Human Services
1575 Sberman Street
Denver, Colorado 80203
Grantee:
City of Wbeat RIdge
7500 West 29th Avenue
Wbeat RIdge, Colorado 80033
Cc: State Buildings and Real Estate Programs
Atln: Real Estate Specialist
1313 Sherman Street, Suite 319
Denver, CO 80203
Notice of change of address shall be treated as any other notice.
10. Grantor reserves all rights to any and all metallic and non-metallic minerals, ores and metals of any kind and character,
including but not limited to coal, asphaltum, oil and gas in or under said easement
11 If any part of this Easement Agreement is found, decreed or held to be void or unenforceable, the remainder of the
provisions of this Easement Agreement shall not be affected thereby and shall remain in full force and effect
12. This Easement Agreement shall be governed by the laws of the State of Colorado.
13. [use thiG sectioR .. heR graDtee is aD iDlIhillual, corporatioD or partBershijl] Nal'yithstaRaing an)' allier pravisian
af this Easement Agreement ta llie sanlrary, na term ar eonaition af lliis Eaoement ",.~eeffient shall ee eanGtruea ar
intefjlretea as a waiver afan)'provisian afllie Calaraaa Govemmentallmmllnity Act, S21 10101, et seEl., CRS as naw
ar hereafter ameRaea. The parties hereta lIHaerotana ana agree that liaeility fer elaims far iRjllries ta persons or
prapertyarising allt af llie Regligenee af the State af Caloraaa, its aepaFlffients, iRGtitlltiaRs, ageneies, saaras, affieials
aRa elHfllaj'ees is eanlrallea analimitea ey the pra,'isions af p1 10101, et seEl., CRS, as naw ar hereafter amenaea
aRa p1 30 1501, et seEl., CRS as Ram ar hereafter ameRaea. ",kRY pra"isieR afthis EasemeRt ",.greemenl, 'vhellier ar
Bet iR60fjleratea herein ey referenee, shall ee eaRlrallea, limitea ana allier'1iise maaifiea se as te limit any lial3ilily ef
the GfElntar te the ase','e eitea1aws. This section not used.
14 [use tbis section wben grantee is a city, county or political subdivision] The parties hereto understand and agree
that liability for claims for injuries to persons or property arising out of the negligence of either party, its departments,
institutions, agencies, enterprises, boards, officials, and employees is controlled and limited by the provisions of the
Colorado Governmental Immunity Act, 924-10-101, et seq. C.R.S. and 924-30-1501, et seq. c.RS. Any provision of
this Easement Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise
modified so as to limit any liability of the Grantor and the Grantee to the above cited laws.
State as Grantor 01102
20f6
GRANTOR EXPRESSLY COVENANTS.
Grantee and Grantee's agents, assigns and successors shall have access at all times, subject to Grantor's security
policies and procedures, to the Property for the purposes set forth herein.
GRANTEE EXPRESSLY COVENANTS.
-1;
./
Grantor shall have, during the continuance of this easement, the right to dispose of the Property and to use the Property
for other purposes provided such use does not materially interfere with the easement granted herein. In the event
Grantor shall, in the future, wish to grant additional easements or rights-of-way which encroach upon the easement
granted herein, Grantee expressly agrees and covenants it will consent to share the Property. provided the proposed
additional easements or rights-of-way do not materially interfere with the purposes for which this easement is granted.
2. In the event of termination, Grantee. at its expense, shall, upon written request by Grantor, remove all improvements
constructed by Grantee from the Property within ninety (90) days of termination and restore the Property as nearly as is
practicable to the condition of the land existing immediately prior to Grantee's first use. In the event that Grantee does
not remove the improvements within such 90-day period, such improvements shall be considered abandoned and shall
become the property of Grantor Except as otherwise provided herein, termination of this Easement Agreement shall
be by operation oflaw If this Easement Agreement is so terminated, consideration paid shall be forfeited.
3 Grantee may not use this grant of easement for any purpose other than that which is specifically described herein. If
the Property is used by Grantee for any purpose other than stated herein, the easement is automatically terminated, and
all of the right. title and interest of Grantee (and Grantee's successors or assigns) in and to the Property become null
and void, and the Property shall absolutely revert to and revest in Grantor as fully and completely as if this instrument
had not been executed, without the necessity for suit or re-entry and Grantee shall remove improvements as provided
above. No act or omission on the part of any beneficiary of this paragraph shall be a waiver of the operation or
enforcement of the paragraph.
4 Grantee agrees to comply with all rules, regulations and policies authoritatively promulgated pertaining to the use of
the Property
5 Grantee agrees to indemnify, defend and hold harmless the Grantor against all liability, loss and expense and against all
claims and actions based upon or arising out of injury or death to persons or damage to property, caused by any acts or
omissions of Grantee, its successors, assigns, agents or contractors or arising out of Grantee's use of the Property In
the event that Grantee contracts for any work to be performed on the Property, Grantee shall require its contractors and
subcontractors to indemnify, defend and hold harmless Grantor, its employees and agents from any and all claims,
damages and liabilities whatsoever for injury or death to persons or damage to property arising from the contractors'
and/or subcontractors' actions or inactions. All contractors and subcontractors shall be required to abide by and follow
the provisions of this easement
6. Grantee agrees that all excavations or other temporary removal of soil as required for Grantee's use of the Property for
the purposes set forth herein shall be properly replaced, and Grantee shall seed, restore and revegetate the surface to
substantially its condition existing prior to the disturbance as reasonably possible. Grantee shall be responsible at all
times for the immediate repair or replacement of, or reimbursement for any damage to the Property due to Grantee's
use of the Property for the purposes set forth herein. Routes of ingress and egress for construction or for maintenance
are to be limited to the minimum necessary locations, and all work areas created must be obliterated, protected against
erosion, and restored to the former condition of the land, as nearly as possible by Grantee. Grantor shall determine, in
its sole discretion, whether Grantee's restoration complies with this paragraph. In the event Grantee fails to perform the
restorative or revegetative work required by this paragraph to the sole satisfaction of Grantor, and after thirty (30) days
prior written notice specifying with particularity the failure and indicating the remedial steps needed to cure same,
Grantor shall be allowed to perform said work, and Grantee shall pay within thirty (30) days all direct and indirect costs
incurred by Grantor for restorative or revegetative work including, but not limited to, regrading, filling, revegetation,
erosion control, and replacing of soiL
7 The easement granted herein is subject to the condition that the Grantee shall properly obtain and maintain all
necessary permits or approvals required by Federal, State and local laws, regulations and ordinances. Grantee shall
comply with all applicable laws and ordinances (and all rules, regulations and requirements of any governmental
authority promulgated thereunder) controlling environmental standards and conditions of Grantee's use of the Property
If any such law, ordinance, rule, regulation or requirement is violated as a result of Grantee's use of the Property and/or
State as Grantor 01/02
30f6
its operations on the Property, Grantee shall protect, defend, indemnify and hold harmless Grantor from and against
any penalties, fines, costs and expenses including legal fees and court costs incurred by Grantor
8.
Grantee shall provide Grantor with as-built drawings showing the location of any improvements constructed on the
Property (including location and depth of any improvements located underground) within thirty (30) days after
completion of construction of such improvements.
ADDITIONAL PROVISIONS.
State as Grantor 01/02
40f6
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IN WITNESS WHEREOF, the parties hereto have caused this Easement Agreement to be executed the day and year first above
written.
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For the Executive Director
GRANTEE.
THE CITY OF WHEAT RIDGE
Gretchen Cerveny, May r
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GRANTOR.
STATE OF COLORADO
Bill Owens, Governor
Acting by and through the
Department of Human Services
By'
APPROVED'
STATE OF COLORADO
Department Of Personnel & Administration
State Buildings & Real Estate Programs
APPROVED 4 TOl)ORM.
BY'
APPROVED'
STATE OF COLORADO
Ken Salazar, Attorney General
By'
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State as Grantor 01/02
5of6
STATE OF COLORADO
COUNTY OF O('i!c'(/'
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The foregoing instrument was acknowledged before me this gi'day
I ), Hi', i+ !.J i 'ie'!o' ((Iv 1-14'11 ,'11}i/~: j
on behalf of the State of Colorado, Grantor. Witness my hand and official seaL
My commission expires / {i / if,{' 7
of -<-i' /('tot/'/
, 20{b~ by
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STATE OF COLORADO
COUNTYOF ](~-I+'('cSL n
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The for~oing instrument >)as acknowledged before me
(-'1re-I-Ch"Jl (,er'v'e v\)"
this qtft day of Dfumf,(J/~, 2etr." by
on behalf of the Grantee. Witness my hand and official
seaL
My commission expires
LIt'; t:' j()f'
C7\a~'"1 ~. ; ;~-€-(P'
V Notary Public
My COmlJllSSIOIJ Expires 0411612006
State as Grantor 01/02
60f6
EXHIBIT A
LEGAL DESCRIPTION
OFFSITE DRAINAGE EASEMENT
AUGUST 11, 2003
A 35-FOOT WIDE PARCEL OF LAND BEING A PORTION OF THAT PARCEL OF ~
LAND AS DESCRIBED IN BOOK 1492 AT PAGE 38, TOGETHER WITH A
35-FOOT WIDE PARCEL OF LAND BEING A PORTION OF THAT PARCEL OF
LAND AS DESCRIBED IN BOOK 1417 AT PAGE 505 OF THE JEFFERSON
COUNTY CLERK AND RECORDER'S OFFICE, SITUATED IN THE SOUTHWEST M
OF THE NORTHEAST M OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST
OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF
JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED
AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST M OF SAID
SECTION 16, THENCE NORTH 00013'11" WEST, ALONG THE WEST LINE OF
SAID SOUTHWEST M OF THE NORTHEAST M OF SECTION 16, A DISTANCE OF
71.25 FEET TO A POINT; THENCE NORTH 74038'30" EAST A DISTANCE OF
688.90 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL AS
DESCRIBED IN BOOK 1492 AT PAGE 38 AND THE POINT OF BEGINNING;
THENCE NORTH 00012'59" WEST, ALONG SAID WEST LINE, A DISTANCE OF
36.26 FEET TO A POINT;
THENCE NORTH 74038'30" EAST A DISTANCE OF 688.91 FEET TO A POINT
ON THE EAST LINE OF SAID PARCEL AS DESCRIBED IN BOOK 1417
AT PAGE 505;
THENCE SOUTH 00012'47" EAST, ALONG SAID EAST LINE, A DISTANCE OF
36.26 FEET TO A POINT;
THENCE SOUTH 74038'30" WEST A DISTANCE OF 688.91 FEET TO THE
POINT OF BEGINNING.
CONTAINING 24,112 SQUARE FEET (0.55 ACRES) MORE OR LESS.
Page I 00
EXHIBIT A
BASIS OF BEARINGS: FOR THE PURPOSE OF THIS DESCRIPTION, THE
BEARINGS ARE BASED ON THE WEST LINE OF THE SOUTHWEST QUARTER OF ~
THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 3 SOUTH,
RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN AS BEARING
NORTH 00013'11" WEST. THE SOUTHWEST CORNER OF THE NORTHEAST ~ OF
SAID SECTION 16 IS MONUMENT ED BY A 3" BRASS CAP STAMPED: "CITY OF
WHEAT RIDGE LS 13212". THE NORTHWEST CORNER OF THE SOUTHWEST 1/4
OF THE NORTHEAST ~ OF SAID SECTION 16 IS MONUMENT ED BY A 2"
ALUMINUM CAP STAMPED: "PLS 19003".
PREPARED BY:
GEORGE G. SMITH, JR., P.L.S.
P.L.S. #19003
ON BEHALF OF: KIRKHAM, MICHAEL CONSULTING ENGINEERS
5600 SOUTH QUEBEC STREET, SUITE 200D
GREENWOOD VILLAGE, COLORADO 80111
(303)694-2300
H \020312\LDD-020312\Survey\LEGALS\Offsite Drainage doc\offsite drainage doc
Page 2 00
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FILING No. 3
EXHIBIT A
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NOTE.
THIS EXHIBIT DOES NOT REPRESENT A
MONUMENTED LAND SURVEY IT IS
ONLY INTENDED TO DEPICT THE
ATTACHED LEGAL DESCRIPTION.
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EASEMENT
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