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JlIty of Jefferson Stile ,;; ,
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DRAINAGE AND FLOOD CONTROL EASEMENT
THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted
this 28th day of
AUQust
, 1980, by EJGIL T. JENSEN
and ELVIE H. JENSEN (hereinafter referred to as "Grantors")
to THE CITY OF HHEAT RIDGE, a municipal corporation, (here-
inafter referred to as "The City"),
\VHEREAS, Grantors are the owners of the following
described real property situate, lying and being in the City
of Wheat Ridge, County of Jefferson, State of Colorado, to-wit
(see attached Exhibit A, attached hereto and made
a part hereof by this reference)
WHEREAS, the City wishes to purchase an easement
over, upon, and to said real property described in the attach-
ed Exhibit A.
(which property is referred to herein as the "Property"),
WHEREAS, it is the intent of The City to develop,
construct, and maintain drainage and flood control improvements
on the Property for the general health, safety and welfare of
Grantors and the other citizens of The City of vmeat Ridge,
NOH THEREFORE,
1. Grantors do 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 flood control channels, structures or other improve-
ments deemed necessary by The City to fully and successfully
implement the Lena Gulch Flood Control Project contemplated by
The City.
2. The easement granted hereby includes, without
limitation, a grant of authority to The City; to come upon the
Property for the purpose of surveying and inspection; to con-
struct such improvements, including channelization, embankments,
maintenance roads, and other flood control improvements deemed
81001039
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necessary; to come upon the Property for purposes of inspect-
ing and maintaining such improvements, and for the purpose
of allowing any drainage and flood water to come upon and
flow over said Property; as well as any other uses not enu-
merated herein which are consistent with the purposes of
this easement.
3. As consideration for the conveyance herein
specified, The City agrees to pay Grantors the sum of
$7,400.00.
4. Grantors agree that they 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 un-
reasonably withhold if the same may be given without en-
dangering the public health or welfare or otherwise impair-
ing the purpose of this Drainage and Flood Control Easement.
5. The City agrees that, during the term of this
Easement, it shall repair and maintain the improvements con-
structed upon the Property hereby conveyed, and The City
shall likewise repair any damage which it causes to Grantors'
remaining property during construction or repair of any im-
provements made pursuant to this Easement, however, this
indemnity to the Grantors is neither a grant or right to go
upon any of the remaining property of the Grantors nor a
limitation on any other remedies available to the Grantors
for trespass and other damages.
6. During the term of this Easement, the Grantors
shall have access to and may utilize the Property conveyed
hereby for any purpose which is not inconsistent with, or
which would be detrimental to, the purpose for which this
Easement is granted, and the Grantors shall be entitled to
use said easement for qualification for any open space require-
ments of The City upon development of the remaining property
of Grantors.
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7. The Easement granted hereby is perpetual. and ~
shall be binding on the heirs and successors of the parties,
and shall become a convenant running with the land upon its
recordation; provided 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.
8. Notwithstanding any other provision hereof to
the contrary, each and every representation, agreement,
and provision contained in that certain "Agreement to Convey
Easement" executed by the parties on the 11th day of AUCJust
, 1980, is incorporated herein and shall become a part
of this easement and shall be binding upon the parties as if
set forth herein in full.
// f
'<~d
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J en's en
EL1~ie If Je~sen
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STATE OF
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THE CITY OF WHEAT RInGE:, J'h':
a municipal c:prporati.pt\;..'
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By: /fL 'l ( /1..([<: "LA j)1t1~r; (~"'t7l'
t .r,.. '. ~J., .I, ,
APPRO AS"A'O F~Rr1: ". '..:;. \: '
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ATTEST,
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Carol F.
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Hampf, ' 'i'ty
COLORADO
Clerk
COUNTY OF JEFFERSON
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'.0 /" :\'f\,r ,". 'My commission expires:
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The foregoing was acknowledged before me this ,~J'
(C'"'-:=jl.(.:d~ ,1980, by Ejgil T. Jensen and Elvie H.
t..
9, "2
81
STATE OF COLOP~DO )
) ss,
COUNTY OF JEFFERSON )
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Notary Public
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day of
City Clerk.
The foregoing was acknowledged before me this 29th
AuclUst , 1980, byK,;I, Lewis,r~ayor Pro-TefTI &Carol F.Hampf,
"W' ",.' OClV<.;O)O
My commission expires~;:JCo,'r"..c:;; ,"',' '" ,je; ,<: ~"'. ~ "
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Witness my hand and
official seal.
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Notary' ~1.c
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XHIBIT A --~.._-
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J Co t property is located at the southwesterly corner of l(~pting nnd
West 41st Avenue within the city limits of Wheat Ridge, Jefferson County,
Colorado. The property is legally described as follows, to wit:
Lots 23 and 24, Green Valley Subdivision, Jefferson County, d
Colorado. T
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.ENA GULCH
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DRAINAGEWAY
:::; ~OOD CONTROL
::::>
IMPROVEMENT
PROJECT
City of Wheat Ridge. Colorado
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LENA GULCH DRAINAGEWAY
ACQUISITIOtI NO. 1.106
PROJECT NO. 732-28.2
. MARCH 13. .1979
SHEET 1 OF 2
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LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 1.106
The following portions of lots 23 and 24. Creen Valley Subdivision. Jefferson
County. Colorado:
'.
the South 25 feet of Lot 23
the South 25 feet of Lot 24
Containing 5.875 square fe~t or 0.135 acres. more or less
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Revised June 11, 1980
Revised September 5, 1979
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.Er\AA GULCH DRAINAGEWA,
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;LOOD
CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge. Colorac
. 'AC.QU\5\TlO'N \.\0<.0
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RE." lSeD 5EPl: 5, '980
t2.E"\~E. {) -lUt.JE. \\} l~8o
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AGENDA ITEM
6
CITY
OF
WI-tEAT
RIDGE
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1~ JUN 16 1980
MEMORANDUM
To Tom Palmer, City Administrator
From Jon Rollow
\L
Subject Lena Gul ch - J ens en
Date
June 11, 1980
Approved
Date
City Staff and the Mayor have negotiated the following agreement with
the Jensens, who own needed property at the Southwest corner of West
41st Avenue and Kipling Street:
The City will buy in fee title from the Jensens a parcel of land 25 feet
by 235 feet (5,875 square feet) for,5 The land will therefore
cost $_____per square foot, t~e value asslgned to the land by the appraiser
Blaine Chase.
~ Suggested Motio~: I move that the Jensen property be purchased for the
7 , Lena Gulc~ pro~ $ /~I 53!: and charged to Account 1!31-302-800-833.
/'It)'! ro ~UUl d
emh
cc: Charles Stromberg
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CITY OF WI-IEA,. RIDGE - MEMOHANDUM
To Tom Palmer, City Administrator
From Jon Rollow
jC
Subject Lena Gulch - Van Hooser
Date
June 11, 1980
Approved
Date
David Van Ilnoser, negotiating on behalf of his mother, the property owner
at 4100 - 4154 Kipling Streot, has agreed with the City to the following
arrangement:
~" "1. Van Hooser will sell in fee land (134,488 square feet) on the w;cstern
end of the property needed for Lena Gulch for $ including $
in damages to the remaining Van Hooscr property.
2. Van Hooser will sell to the City a construction easement (17,615 square
feet) needed for the Lena Gulch project for $
3. Van Hooser wi 11 sell the City in fee the 1.12 acres initially requested by
Open Space on the eastern end of the property except for 4,500 square feet in
the southwest corner of the take, measuring 90 feet going north from InJcpendence
Court and 50 feet wide. This easement is a new item in the deal with \an Hooser,
It is necessary because once the land is bought by Jefferson County Open Sp<l~e,
Open Spac~ cannot allow an easement or right-of-way on the land for a non-Open
Space pur~ose. V~n Hooser will need access into his mother's property from
Independence Cou.ct for potential deveL)pnient of the property. Und'2r the
easement arrang~nent with Van Hooser the City gains a needed access to the
footbridge over Clear Creek, Van Hooser gains access into the developable
portion of his property, and the City saves S If the whole parcel
on the eastern end is taken in fee it costs $ Now, with part cf the
take as an easement, the price is $ (the easement portion being
worth $ ).
4. The City will construct a fence from the south bank of Clear Creek
up to the existing fence on the Van Hooser property to buffer \an Hooser
from the proposed foot path leading to a footbrid~e over Clear Creek, The
sales contract also calls for the City to make needed modifications on the
pro~erty dealine; "lith a ,veIl, irrigation crossing, embankment enlargement,
fence on the ~estern side of the property, and service line relocation. Th~se
construction items were taken into account in the appraisal of the property.
~
j\f\
~~ste_(~~!oU..<:'..~: I move that portions of the Van Hooser property
for Lena GU}5;!I storm drainage and Open Space purposes be purchased
$ ;JC/,{) If!! and charged to Account 1131-302-800-833.
emh
cc:
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needed ,/
for Co/ r~
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Charles Stromberg