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8008093"'
1960 OCT 27
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OPEN SPACE, DRAINAGE AND FLOOD CONTROL EASEMENT
THIS OPEN SPACE, DRAINAGE AND FLOOD CONTROL EASEMENT granted
this
'"It~
I ", - day of
0(h 6....,--..
, 1980, by MARY V. BLEVINS
~~~, (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE,
- .- a municipal corporation, (hereinafter referred to as "The City");
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u
~ ~~ WHEREAS, Grantor is the owner of the following described real
~ property situate, lying and being in The City of Wheat Ridge,
....
n
County of Jefferson, State of Colorado, to-wit:
(see attached Exhibit A, attached hereto and made a part hereof)
WHEREAS, The City wishes to purchase an easement for the
purposes described herein over, upon, and to said real property
described in the attached Exhibit A:
(which property is referred to herein as the "Property");
WHEREAS, it is the intent of The City to develoD, construct,
and maintain open-space improvements and drainage and flood control
improvements on the Property for the general health, safety and
welfare of Grantor and the other citizens of The City of Wheat
Ridge;
NOW, THEREFORE,
1. Grantor does hereby grant and convey to The City a
perpetual easement to the Property, as described above, for the
purpose of authorizing The City to construct and maintain thereon
any open-space paths, trails or other facilities, and/or any
flood control channels, structures or other improvements deemed
necessary by The City to fully and successfully implement The
City's Open-Space programs and the Lena Gulch Flood Control
Project contemplated by The City.
2. The easement sranted hereby includes, without limitation,
a grant of authority to The City; to come upon the Property for
the purpose of surveying and inspection; to construct such improve-
ments, including paths, trails, channelization, embankments,
80080937 ;2
maintenance roads, and other open-space and/or flood control
improvements deemed necessary; to come upon the Property for pur-
poses of inspecting and maintaining such improvements; and for the
purposes of allowing pedestrian traffic upon such property and of
allowing any drainage and flood water to come upon and flow over
said Property; as well as any other uses not enumerated herein
which are consistent with the purposes of this Easement.
3. As consideration for the conveyance herein specified,
The City agrees to pay Grantor the sum of $535.00.
4. The Grantor recognizes and acknowledges that The City
is currently engaged In a city-wide program to construct flood
control improvements upon Lena Gulch which would inure to the
benefit of Grantor and all other citizens of The City of Wheat
Ridge, and that The City is cooperating in this venture with the
Urban Drainage and Flood Control District (UDFCD) to that end,
Grantor therefore agrees to cooperate with The City and UDFCD In
any reasonable manner or means which is consistent with the
purposes of this Easement, even though any particular use or
improvement there contemplated may not be specifically set forth
herein.
5. Grantor agrees that she shall construct no improvements
or buildings of any kind whatsoever, including fencing, on the
Property conveyed hereby without the prior written consent of
The City, which consent shall not be unreasonably withheld if
the same may be given without endangering the public health or
welfare or otherwise impairing the purposes of this Open Space,
Drainage and Flood Control Easement.
6. The City agrees that, during the term of this Easement,
it shall repalr and maintain the improvements constructed upon the
Property hereby conveyed, and The City shall likewise repair any
damage which it causes to Grantor's remaining property during
construction or repair of any improvements made pursuant to this
Easement.
- 2 -
80080937
3; 198
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7. During the term of this Easement, the Grantor shall have
access to and may utilize the Property conveyed hereby for any
purpose which is not inconsistent with, or which would be detri-
mental to, the purpose for which this Easement is granted.
8. The Easement granted hereby is perpetual, and shall be
binding on the heirs and successors of the parties, and shall
become a covenant running with the land upon its recordation; pro-
vided however, that this Easement may be terminated only by a
writing signed by both parties, or their successors, which writing
shall be duly recorded and shall not be effective until so recorded.
"""'-<. JL -..:2
THE CITY OF WHEAT RIDGE,
a municipal corporation
TO" FO~
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lty Attorn
By
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AmEST:
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STATE OF COLORADO
ss.
COON~~.OF JEFFERSON
Thr foregoing was acknowledged before me this
f1ujJ~ ,1980, by Mary V. Blevins~
v My commission expires: My Commission C)'P!i'C, Scptc;::~cr 13, 19:U
Witness my hand and official seal.
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2.0
day of'"
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Notary Public
oJ. -:In ~'1>''t' -
STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
" The foregoing was acknowledged me
(jt<q;.~a-t' , 1980, by /?z ~'.. '
j .. . v ?
My commlSSlon explres:
My Comml~~lnn ryn'.~. l'n".I''' II 1M'
Witness my hand and official seal.
of
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- 3 -
8008093/
4
A portion of Tract 2, Blevin's Subdivision, Jefferson County,
Colorado, described as follows:
Beginning at the Southeast Corner of said Tract 2, said corner
lying on the West right-of-way line of Kipling Street;
thence Southwesterly along the Southerly line of said Tract 2,
on a deflection right of 630 56' 45", from said West line, 313.35
feet, to the point of intersection of said Southerly line and the
West right-of-way of Kline Street.
thence Northerly along said West right-of-way on a deflection right
of 1160 03' 15", 37.0 feet;
thence on a deflection right of 510 47' 02", 102.05 feet;
thence on a deflection right of 80 39' 43", 66.0 feet;
thence on a deflection right of 120 40' 02", 32.0 feet;
thence on a deflection right of 170 00 I, 25.0 feet;
thence on a deflection left of 370 57' , 20.44 feet;
thence on a deflection right of 370 42' 43", 72.15 feet, to a point
on the West right-of-way line of Kipling Street;
thence Southerly along said West line, 17.0 feet to the Point of
Beginning
containing 7,440 square feet or 0.170 Acres, more or less,
Excepted from this acquisition is the 25-foot Lena Gulch Drainage
Easement given on the Blevin's Subdivision Plat as filed in Book 29,
Page 23 of the Jefferson County Records (approximately 0.153 acres).
EXHIBIT A