RESOLUTION NO. 113-95

 

 

 CONCERNING THE GRANTING OF AN EASEMENT ACROSS CITY PROPERTY

 TO THE GRAND JUNCTION DRAINAGE DISTRICT

 

 

 WHEREAS, at the request of the City, the Grand Junction Drainage District has agreed to maintain the drainage system through the City property commonly known as the "Berry Property", generally located west of 24 Road and North of H Road, and requires an easement from the City prior to the operation, maintenance and repair of said system by the Drainage District; and

 

 WHEREAS, such action will help the City achieve its objective of improving and the functional utility of its land holdings.

 

 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAND JUNCTION, COLORADO:

 

 That the City Manager is hereby authorized to execute the attached Grant of Easement conveying a non-exclusive easement across the City property as described in the attached Grant of Easement.

 

 

 PASSED and ADOPTED this 6th day of December, 1995.

 

 

 

Attest:

             /s/ Ron Maupin

             President of the Council

/s/ Stephanie Nye

   City Clerk

 

EASEMENT AND AGREEMENT

 

 THIS AGREEMENT, made this 28th day of December, 1995, by and between the GRAND JUNCTION DRAINAGE DISTRICT, hereinafter referred by as "District", whose address for the purpose of this agreement is 722 - 23 Road, Grand Junction, Colorado, and CITY OF GRAND JUNCTION, hereinafter referred to as "owners", whose address for the purpose of this agreement is 250 North Fifth Street, Grand Junction, Colorado.

 

 WITNESSETH:

 

 WHEREAS, the parties hereto agree that the installation hereinafter described is for the mutual benefit of the parties; and

 

 WHEREAS, the owners desire to acknowledge the right-of-way and easement applied to the historical, existing drainage ditch across their premises known as the APPLETON DRAIN SYSTEM as more particularly described in Exhibit "A" attached hereto and made a part hereof.

 

 IT IS THEREFORE AGREED AS FOLLOWS:

 1.  Owners agree to operate their premises in such a manner as not to damage said drain ditch. Any such damage so caused by the owners shall be the owners' sole responsibility to repair.

 

 2.  District agrees to maintain in a workman like manner said drain ditch, EXCEPT if any act or omission of the owners causes said upkeep or maintenance to be increased over and above that which would normally be expected, the owners shall then be responsible for the cost of any additional upkeep and maintenance.

 

 3.  In consideration of the foregoing and in order to accomplish the maintenance and upkeep of said drain ditch, the owners hereby grant unto the District an easement through, over and across the owners' premises for the drainage ditch together with such area as is reasonably necessary for the cleaning, maintenance, adjustment, or deepening of said drain ditch. Owners hereby grant unto the District the reasonable right of ingress and egress to accomplish the above, including the right to bring the necessary equipment upon the premises to accomplish same. It is agreed by the owners that said easement shall not be burdened or over-burdened by erection or placing of any improvement thereon, including fences.

 

 4.  Owners agree that they indemnify and save harmless the District from any and a] l damages or claims arising out of the operation and maintenance thereof.

 

 5.  Should either party fail or refuse to comply with the terms of this agreement, after having received ten (10) days written notice specifying the matters complained of, the complaining party may take whatever legal action is necessary to perform or correct the complaints thereunder and collect the cost thereof plus damages from the offending party. The prevailing party shall in add it in on to the above, be entitled to collect all costs incurred as a result of said breach including their reasonable attorney's fees.

 

 6.  If there is more than one owner as a party to this agreement, then and in that event the cost is allocated to the owners hereunder and shall be borne equally between them.

 

 7.  This agreement shall be binding upon and inure to the benefit of the heirs, successors and assigns of the respective parties.

 

 8.  The recitals are a part of this agreement.

 

 IN WITNESS WHEREOF, the parties have affixed their signatures, the day and year above mentioned.

 

 

 

 

 EXHIBIT "A"

 We the undersigned owners, their heirs, assigns and successors, hereby

grant to the District, Easements which include twenty (20) foot maintenance

roadways on both sides of the drain ditch channels as well as the drain ditch

channels over and across a part of the North 1/2 of the SE1/4 of Section 29,

Township 1 North, Range 1 West, of the Ute Meridian, County of Mesa, State of

Colorado, as described in Book 1297 Page 100 and Book 1568 Page 440 as recorded in the office of the Clerk and Recorder of said County, the sidelines of said Easements being rare particularly described as follows:

 

EASEMENT NO. 1 (BERRY DRAIN)

 

 Commencing at the SW Corner of the NW1/4 SEl/4 of said Section 29 and considering the west line of the NW1/4 SE1/4 of said Section 29 to bear NOC'03'45"W with all other bearings contained herein relative thereto; Thence N 8958'14"E along the south line of the North 1/2 of the SE1/4 of said Section 29 a distance of 1788.98 feet to the TRUE-POINT OF BEGINNING;

 

 Thence  N49o27'01"E  232.81 feet;  Thence  N56o35'19"E  116.27 feet;

 Thence  N47o44'10"E  117.69 feet;  Thence  N21o14'23"E  134.11 feet;

 Thence  N27o45'12"E  59.86 feet;  Thence  N43o32'00"E  193.63 feet;

 Thence  N29o33'45"E  37.27 feet;  Thence  N18o30'31"E  393.58 feet;

 Thence  N21o38'06"E  115.38 feet;  Thence  N02o48'25"E  38.86 feet;

 Thence  N13o10'39"W  29.24 feet;  Thence  N36o39'44"W  54.75 feet;

 Thence  N45o50'25"W  90.59 feet;  Thence  N38o04'50"W  43.78 feet;

 Thence  S68o28'17"W  54.47 feet;  Thence  N60o18'51"W  219.16 feet;

 Thence  N80o05'02"W  27.71 feet;  Thence  S8Oo45'08"W  56.36 feet;

 Thence  S86o51'32"W  122.51 feet;  Thence  NO1o05'47"W  54.33 feet;

 Thence  N81o47'33"E  110.42 feet;  Thence  N8Oo54'33"E  92.44 feet;

 Thence  S62o23'08"E  135.77 feet;  Thence  S58o30'49"E  91.86 feet;

 Thence  N86o17'09"E  19.88 feet;  Thence  N31o31'37"W  191.36 feet;

 Thence  N60o19'38"E  40.01 feet;  Thence  S79o11'57"E  34.14 feet;

 Thence  S32o51'58"E  132.38 feet;  Thence  S27o31'40"E  80.50 feet;

 Thence  S36o45'34"E  50.09 feet;  Thence  S45o42'36"E  133.40 feet;

 Thence  S28o32'07"E  39.41 feet;  Thence  Sl4o32'46"E  50.72 feet;

 Thence  S89o57'41 "E  16.55 feet;

 

 Thence SOOo02'19"W along the east line of the NE1/4 SEl/4 of said Section 29 a distance of 74.50 feet;

 Thence N89o57'41"W 34.66 feet; Thence Sl9o05'32"W 413.23 feet;

 Thence S21o15'49"W 94.23 feet; Thence N85o52'50"E 204.21 feet;

 Thence SOOo02'19"W along the east line of the NE1/4 SE1/4 of said Section 29 a distance of 36.91 feet;

Thence N89o57'41"W 32.22 feet; Thence S85o48'37"W 78.48 feet;

Thence S86o50'01"W 88.17 feet; Thence N77o56'48"W 44.44 feet;

Thence N57o18'16"W 12.14 feet; Thence S43o26'41 "W 116.49 feet;

Thence S41o28'01"W 85.47 feet; Thence S27o14'19"W 48.70 feet;  

Thence S20o52'38"W 25.77 feet; Thence S21o03'34"W 104.97 feet;

Thence S38o23'02"W 42.47 feet; Thence S48o10'47"W 50.99 feet;

Thence S53o14'58"W 192.20 feet; Thence S51o08'48"W 156.31 feet;

Thence S89o58'14"W along the south line of the North 1/2 of the SE1/4 of

said Section 29 a distance of 51.29 feet to the TRUE POINT OF BEGINNING.

 

 

 

AND ALSO EASEMENT NO. 2 (APPLETON AND CUNNINGHAM DRAINS)

 

Commencing at the SW Corner of the NW1/4 SEl/4 of said Section 29;

Thence N89o58'14"E along the south line of the NW1/4 SEl/4 of said Section 29 a distance of 680.63 feet to the TRUE POINT OF BEGINNING:

 

 Thence NOOo02'12"W 44.16 feet;    Thence S89o48'16"E 378.04 feet;

 Thence S89o20'21"E 219.24 feet;    Thence N34o50'47"E 37.03 feet;

 Thence NOOo00'39"W 608.52 feet;  Thence N33o16'04"E 45.89 feet;

 Thence N74o39'39"E 37.87 feet;    Thence S86o34'49"E 132.27 feet;

 Thence NOOo06'05"W 461.96 feet;  Thence N44o55'40"W 77.90 feet;

 Thence N27o54'54"W 28.95 feet;    Thence N16o37'05"W 32.70 feet;

 Thence N71o45'32"E 67.03 feet;    Thence S16o37'05"E 31.95 feet;

 Thence S42o52'50"E 59.19 feet;    Thence N59o34'23"E 148.89 feet;  

 Thence N65o38'57"E 181.50 feet;    Thence N66o27'54"E 127.38 feet;

 Thence S26o23'58"E 54.61 feet;    Thence S62o52'28"W 219.07 feet;

 Thence S66o19'40"W 100.30 feet;    Thence S61o04'39"W 137.55 feet;

 Thence S02o10'52"E 94.58 feet;    Thence S00o23'00"W 196.60 feet;

 Thence SO1o33'05"E 196.53 feet;    Thence S29o11'53"W 36.87 feet;

 Thence S66o27'37"W 34.03 feet;    Thence N87o34'57"W 121.17 feet;

 Thence S78o22'46"W 25.47 feet;    Thence SOOo18'42"E 185.00 feet;

 Thence SOOoO1'22"E 299.44 feet;    Thence SO1o49'53"W 113.60 feet;

 Thence S24o57'36"W 60.24 feet;

 Thence S89o58'14"W along the south line of the NW1/4 SE1/4 of said Section 29 a distance of 658.41 feet to the TRUE POINT OF BEGINNING.

 

 AND ALSO EASEMENT No. 3 (MAYO DRAIN)

 

Commencing at the SW Corner of the NW1/4 SEl/4 of said Section 29;

Thence NOOo03'45"W along the west line of the Ml/4 SEl/4 of said Section 29 a distance of 1027.44 feet to the TRUE POINT OF BEGINNING;

 Thence N42o33'58"E 204.93 feet;    Thence N33o12'17"W 109.13 feet;

 Thence N54o54'01"E 52.03 feet;    Thence S35o05'59"E 95.64 feet;

 Thence S54o21'32"E 140.81 feet;    Thence S61o19'32"E 42.56 feet;

 Thence S73o16'18"E 169.69 feet;    Thence S84o46'06"E 32.82 feet;

 Thence N85o23'20"E 50.80 feet;    Thence S02o47'20"E 57.96 feet;

 Thence S88o10'29"W 56.54 feet;    Thence N83o31'51"W 39.32 feet;

 Thence N74oO6'22"W 185.88 feet;  Thence N57o14'32"W 136.57 feet;

 Thence S41o32'31"W 187.88 feet;    Thence SOOo15'05"W 650.67 feet;

 Thence N88o58'57"W 26.29 feet;    Thence SOOo03'45"E 19.72 feet;

 Thence S89o57'12"W 33.16 feet;

 Thence NOOo03'45"W along the west line of the NW1/4 SEl/4 of said Section 29 a distance of 697.34 feet to the TRUE POINT OF BEGINNING.

 

 

 

 

 

 

Dated this day of , 1995.

 

 

 

 

 

State of Colorado  )

     )ss

County of Mesa  )

 

 

 Subscribed and sworn to before me by

 

this day of , 1995.

 

My Commission Expires:

 

 

         

         Notary Public

 

 

 

ACCEPTED BY GRAND JUNCTION DRAINAGE DISTRICT