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'•~ ~ b7~6A
<br />AGREEMENT FOR POSSESSION AND USE
<br />(Fee Taking)
<br />This Agreement for Possession and Use is made and entered into this S~`day of
<br />J~~~[~r7L 2003, by and between the CITY AND COUNTY OF DENVER, a
<br />municipal corporation of the State of Colorado, acting by and through its BOARD OF
<br />WATER COMMISSIONERS, hereinafter referred to as "Buyer', and BRIAN A. W ILHELM
<br />and JACKIE M. WILHELM, hereinafter collectively referred to as the "Landowner".
<br />WHEREAS, the Buyer is constructing a water storage reservoir and related public
<br />improvements (the "Improvements"), and needs to acquire certain interests in the property
<br />owned by the Landowner for use in construction of the Improvements, consisting of a fee
<br />interest in the real property more particularly described on the attached Exhibit A (the
<br />"Property"); and
<br />WHEREAS, the Buyer is vested with the right of eminent domain; and
<br />WHEREAS, the Buyer is ready to begin construction of the Improvements and
<br />needs possession of the Property to proceed; and
<br />WHEREAS, so as not to delay construction of the Improvements, and at the Buyers
<br />request, the Landowner agrees to grant possession to.the Buyer of the Landowner's
<br />interest in and to the Property described in Exhibit "A", so thatthe Buyer may proceed with
<br />construction of the Improvements.
<br />1. Landowner hereby irrevocably grants to the Buyer, its contractors, agents,
<br />and all others deemed necessary by the Buyer, the right to take, possess and use the
<br />Property against the Landowners, their heirs, successors, assigns and personal
<br />representatives, and each of them and all persons whomsoever claiming any right, title or
<br />interest in and to the Property by, through or under the Landowner. The Buyer and its
<br />contractors, agents, servants, employees and assigns shall have the right to enter onto,
<br />take and retain possession of the Property together with the right to demolish any
<br />improvements located thereon, and make cuts, fills or, in any other manner, change the
<br />shape or configuration of the Property, and to take and use therefrom and add thereto any
<br />and all earth, stone, gravel and timber and any other materials for construction and
<br />maintenance purposes, and to build, construct, or otherwise improve the Property for the
<br />Improvement Project without interference from the Landowner, or any of them, or their
<br />successors, assigns, heirs, devisees, personal representatives, guests or invitees, or any
<br />other person or persons claiming by, through or under the Landowner, or any of them.
<br />Landowner acknowledges that acquisition of the Property forthe purposes set forth herein
<br />is in the public interest and for public purposes, and is being made in contemplation of
<br />condemnation. As described in the Memorandum of Agreement, dated
<br />NoV. ~ 'i,cb3 , in consideration for this irrevocable grant of possession the Buyerwill
<br />deposit a described sum in an Escrow Account, of which amount the Landowner may
<br />withdraw up to Three Hundred Fifty Thousand Dollars ($350,000), or the amount
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