HomeMy WebLinkAboutencroachment.sewer - aspen metro sanitation district Lakeview Addition 1975 REcorded At. 2 52 P June 4 75 Reception no 175 Juli e
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• RANT .MJF EASEMENT
G
THE._
CITY OF_ 'ASPETd, nOLORADO, a municpal ..corpprat
on,
n . '
(hereinafter .'c'alled " GrantorA. ) in conslder,ati
' - ". " on 6f '-Ten-.-($l0.-00')'
Dolhars and other" good.=and valuable cori•sideraton; '_the adequacy, T
:and receipt of ,Yh ch' 'are -hereby acknowledged ` :does' hereby 'grant ;
remise, `relea'se'-. sell"'and`:convey to the ASPEN METROPOLITAN SAN
!TATION DISTRICT, quasi-riuril'cipal cc,k.poration"organized under
r r u F „ n
the% laws`. of the State', of Colorado (hereinafter called "Grante e'•')
) :its '.,successors_ 'and 'assigns forever n perpetua� sewer easernent
lova wed ;in Pl '�in'. County, •C'olorado "moY'e fully .described` as
?Ws':
-An-.:.:eas�inentr,, San 'tary Sewers being that.•prart
r of ;`the.':unphatttedpor"tionoF B.16ck^ 5 ,= .Lakev'iew :.
Addi.tlon•; lying,within .the following 'described'
easement
s"ewer'`ea`seme'nt located:,in the N6l4 b° tYie`�Sti]'4'
„ 4 of 'Ser':. -7 ,; T10S; 'R8':4W 'of,. the-, Gt'h 'P ISI. Said
ea`semcnt being °6::fe:e.t each side of the .'to'llow_
` nu. dPscr abed center peBeginning..at .'a point
West) one=-quarter corner'- of
' hey 1U: G3°D4 ' ?6' W ', 70.4 89 .feet :rind -the ''North
t' f1 t
cis_' corner :o hot' hl , Bc�ck ;� Lakeveva .'Addi ion'
r rears S: 11°4`9 ' 44' W; ,1241'* 80 feet,";thence
00 W 71 65 feet. " thence S 0.1°21,''00" 'LJ. , 161- 73.
feet, trence N 82°34'' 00°` W 371 88 feet`
�..
t
ucrz .� rant ls :condit' oned `as follows
1 :Said. easement shall be 11Tnited exclusively for
• ti s` y 's'y <',j,'„- ''. _ .
4 the purpdse .6f (.excavating for and) ,constructing, ;install-
ing:, "ria:intaining,, repairing, °replacing and using u'ndergiound
may° sewer colle,ction,'. �.rairiage, ,•or disposal Lines-,, i'nt•er
,;.
:h cepting; sewe,rs ,: outfall sewers , trunk sewers and
` equ pment and appurtenances .thereto within such ease
,,',.ens as Grantee may froi :time to.,time"'elect
7.
grantee• ,agrees :that after placing or: rc���.acing
` a line or"equipment, or a'fter':all `other activity affect-
s
�4 ,ng.' the: Grantor ' a property, t will , regrade, . sod and
•
revegetate ; wi.tYi1r a reasonable time-,;.the
Y
waff:ected to ;the, satisfaction of .Grantor
M1 ,r.
J.
.is
Wk.
3: Grantee further' agrees> that it will' ,indemnify
and Yio,ld- harmless `the Grantor from any •and'.'all 'liabil-
Y
y:_' y Y P., f the
it -that :ma arise b reason of* the lacement o
lines,• sewers , ..equipment's :and' appurtenances wthin•:ahe
easement.:-:orother actions-,o.f. the- Grantee,,it agents
and- assigns, .with-'referende thereto:
There • 's further .'granted the r"fight;' of- reasonable ingress
and egress to :-and from said 'easement ' ove'r and across: Grantor''s
. '
property. -by means of -roadslanes .therein if such there.'be
otherwise 'by ' such route or routes as shall occasi'ori, the - lease;
practicable damage' and f,inconvenJ once 'e Grantor :and provided
that .any damage to vegetation caused thereby shall be repaired "''
.,,as soon as r.easoriably:possible •by the' Grantee s .;
Grantor' reserves 'the right to `complete .utilization and
enjoyment 'of{.the .above; .de cribed easement provided'. the-same shall
not interfere:`.with 'the coristructi'on.;•. Maintenance'; repairing, in-:
spection and "operation of any such sewer facilities ';or line: ; .,
A1,1 'of. -the .covenants herein , shall ..be .'bind-ing upon, the'
r,respective heirs; ,personal .repr.e�s6niatiVes " successors Aand
assigns. o'f the ,parties 'hereto
r.'
Executedthis day of 1975:
THE CITY; .OF ASPEN, COLORADO
r a Muriicipa rpora-tion, ' Grantor'
K
ATTEST Stacy tandle,y III , May
.athryn -H ter, -City 'Clerk � .
MSTATE OF COLORADO) :
)•s s
COUNTY OF 'PITKIN
The; foregoing'. instrument was •acknowledged. bef.ore .me this
;day of 197.51 y' Stacy Standlr. ,ZII , as .Mayor ,
and Kathryn' Hautes, City. Clerk -of the` City `d. sen , Colorado` Wit ,
v
tress Emy .hand and official; s.eal.:; ray, co'mm�ssibn expires 7 '
D otary, P0,116'
DEED. OF EASEMENT
KNOW ALL MEN BY. THESE PRESENTS :
The City: of Aspen, an incorporated City. of. the .State
of Colorado, .for and in consideration of Ten Dollars ($:10 . 00).
and other good and valuable considerations in hand paid, does
hereby grant and convey to Aspen Metropolitan Sanitation Dis-
trict, a quasi municipal corporation, a sewer easement and
right-of-way over, upon, across, in, through and under the fol-
lowing described real property situate in the County of Pitkin,
State of Colorado, _to-wit:
A strip of land 12 feet in width, being 6 feet on
either side of a center line over that part of Sec-
tions 7 and 18 , Township 10,.South, Range 84 West of
the 6th P.M. described as follows : Commencing on a
point on the northerly line of Lot 12 , Block 2 , Okla-
homa Flats addition, as shown on map of Lux Placer .
showing Oklahoma Flats Addition. by E. L. Shaw dated
August 131* 1946 , which point is 5. 22 .feet westerly of
the most northeasterly corner of said Lot .12 , from
which point the West 1/4 corner of said Section 7
bears north 550 52 '• 08" West, a distance of 3,215. 90
feet; thence South 15° 39 ' 13" West a distance of 145
feet; thence South 80 15 ' 13" West a distance of 155.3
feet; thence South 320 17 ' 21" East a distance of
497 . 65 feet to a point hereinafter designated as Point
"A" . The point where the preceeding line intersects
the mid-channel of the Roaring Fork River is designated
as .the point of beginning; From the Point of beginning
thence continuing South 320 17 ' 21" East to Point "A" ;
thence South 42' 34 ' 54" East a distance of 143 .75
feet thence .South 200 46 ' 55" West, a distance of 70 .00
feet, thence South 330 33 ' 09" East, a distance of
125.20 feet; together with a temporary construction
easement of 30 feet in width, being 15 feet on either
side of the hereinabove .center line.
RESERVING, however, to the undersigned, its succes-
sors or assigns, the right to utilize and enjoy the -above-
described real property providing the same shall not interfere
with the construction, maintenance, repairing, inspection and
operation of such sewer.
IN WITNESS WHEREOF, the said Mayor has hereunto
set his hand and seal and the City of Aspen has caused its
name to -be hereunto affixed, attested by its Clerk, the day
and year above first written.
(SEAL)
Mayor o� spen
iATTEST: CITY OF ASPEN
f Clerk j Mayor//
i
Recorded At920 �tober 7, 1974 0BOOK 2 i PAGE 967
' Reception No 17050 5W
Hane
GRANT OF EASEMENT
The CITY OF ASPEN, COLORADO, a municipal corporation
(hereinafter called "grantor") , in consideration of Ten .($10. 00)
Dollars and other good and valuable consideration, the
adequacy and receipt of which are hereby acknowledged, does
hereby grant, remise, release , sell and convey to the ASPEN
METROPOLITAN SANITATION DISTRICT, a quasi-municipal corpora-
tion organized under the laws of the State of Colorado (here-
inafter called "grantee" ) its successors and assigns forever,
a perpetual easement ten (10) feet in width located in
Pitkin County, Colorado, all as more fully described in the
attached survey of Johnson-Longfellow and Associates, dated
September 24, 1974, and incorporated herein by reference.
Such grant is conditioned as follows:
1. Said easement shall be limited exclusively
for the purpose of (excavating for and)
constructing, installing, maintaining, repair-
ing, replacing and using underground sewer
collection, drainage, or disposal lines ,
intercepting sewers, outfall sewers, trunk
sewers and equipment and appurtenances thereto
within such easement as grantee may from time
to time elect.
2. Grantee agrees that after placing or replacing
a line or equipment or after all other activity
affecting the grantor' s property, it will regrade,
resod and revegetate, within a reasonable time,
the property affected to the satisfaction of
the grantor.
3. Grantee further agrees that it will indemnify
and hold harmless the grantor from any and all
liability that may arise by reason of the place—
ment of the lines, sewers, equipments and
0 *OOK291 PAGE 963
appurtenances within the easement or other
actions of the grantee, its agents and assigns
with reference thereto.
There is further granted the right of reasonable
ingress and egressto and from said easement over and across
grantor' s property by means of roads and lanes therein if
such there be, otherwise by such route' or routes as shall
occasion the least practicable damage and inconvenience to
the grantor and provided that any damage to vegetation caused
thereby shall be repaired as soon as reasonably possible by
the grantee.
Grantor reserves the right to complete utilization
and enjoyment of the above described easement provided the
same shall not interfere with the construction, maintenance,
repairing, inspection and operation of any such sewer facilities
or line.
All of the covenants herein shall be binding upon
the respective heirs, personal representatives, successors
and assigns of the parties hereto.
Executed and delivered this day of
1974.
THE CITY OF ASPEN, COLORADO,
a municipal)corporation, grantor,
q.: � � {,� �-• / _ .._..__ -Ire^ '� �1 --^
Stacy S ndle III
Mayor
y �rLorraine Graves
`? ity Clerk
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoi g instrument was acknowledged before me
this �� day ofd 1974 , by Stacy Standley III ,
asMa.y..or and Lorraine Graves, City Clerk, of the City of Aspen,
Witness my hand and official seal. My commission
a epYesr' _ �
Z2 X471
BOOK 251 PAGE
ASPEN METROPOLITAN SANITATION
DISTRICT, a quasi-municipal
corporation, grantee
by
(Title)
STATE OF COLORADO )
ss.
COUNTY OF PITKIN )
The foregoiiI5 instrument was acknowlecjged before Me
this day of � ��_� 1974, by
as ��, � of ASPEN METROPOLITAN
;.SANhTATION. DISTRICT. Witness my hand and official seal.
M commission expires
otary Public
� s
'rA. 1Q
1
n
J0HAN GF�',LLO� � i4 OC., BOOK��� PACE
• � W. 9
SUR VE.YORS ENGINEERS
DATE:SEPTEMBER 24,1974 JOB NUMBER:
ORDERED, BY
DESCRIPTION SEC. TWP. RG. CO, STATE
v u WEST,ASPEN SEWER EXTENSION
TIE S30054�30°W/117,20'
SECTION CORNER
1 1 z 3 2 ..
�0 5 6sjA'
A
NORTH ado, 40
39
36 37 38
v\g(P 27...
R=216.15' .. 35 g\6RaA
L=561.41'
29
34 30
32
' 31.
sewer easement,- being' located in Sections 1, 2 and 11; Township ,
10 South;` Ran 85 West ofo the ;6th Principal Meridian. Said
asement, is;rAfeet; each side of- the following described center
line; beginning at' `;a'point whence the Southwest corner of said `
Section=,l bears S -30_°,54 ' 30" , , 117 . 20 . feet; thence S 43°29 ' 45" W. ,
639 . 49 feet;' thence`.561.41. feet along a curve to the left.
.having a radius ,of' 216 . 1;5 feet (the chord of which bears
S 30054 - 45" E. , 4.16A9 . feet) •
STATE OF .COLORADO )
SS.
COUNTY. OF PITKIN )
The foregoing instrument was.":acknowledged before me
this "'31st day of July - 1969, by Eve. Homeye r
Mayor of Aspen.
WITNESS my: hand and official seal. "
My , commission expires 2/23/72
d`
Notary Public
STATE OF COLORADO )
SS.
COUNTY OF PITKIN )
I, Jeanne Ritter , a Notary Public in and for
said Pitkin County, in -the S:Eate aforesaid, do hereby certify"
that Eve Homeyer and Lorraine Graves , who are
personally known to me to be the same Ipersons whose names are
subscribed to the foregoing. Deed as having executed the same.
respectively appeared before me this day in. person, and sever-
ally acknowledged; that the seal affixed to the foregoing in-
strument is the corporate seal of said corporation; that said
seal was thereunto affixed by the authority of the City Council
for the City of Aspen; that said instrument was by like author-
ity subscribed with its corporate name; that the said
Eve Homeyer is the Mayor and the said - Lorraine Graves
is the Clerk of .the City of Aspen; that by the authority of said
City they respectively subscribed their names thereto as Mayor
and Clerk, and that they signed, sealed and delivered the said
instrument of writing as',their free and voluntary act and deed,
and as the free and voluntary act and deed of the said City for
the uses and purposes therein set forth.
Given under my hand and notarial seal, this 31st day
of July 1969 .
My commission expires 2/23/72
6i
NOTARY' PUBLIC
i
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