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Home My WebLink About0050 \\ \) ,i \ ,- .- 'I ,- . ~ i L_, DRAINAGE AND FLOOD CONT~Ot EASEMENT day ,/uc THI~ DRAINAGE AND FLOOD CONTROL EASEMENT granted this ~ _,LL-__1-, ~ of -11lu...1...c.i.~__- 1981, by _Er_ilJ1k1in,J.!.."J2E:!1nill&.L Jr" ___"~,___ (hereinafter referred to as Grantor) to THE CITY Of WHEAT RIDGE, a municipal corporation, (hereinafter referred to as "The City"); WHEREAS, 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) 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 Wheat Ridge; Nm~, 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 hereon any flood control channels, structures or other improvements 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 ot authority to The City; to come upon the Property for the purpose of surveYlng and inspection; to construct such improvements, including channelization, embankments, maintenance roads, and other flood control improvements deemed necessary; to come upon the Property for purposes of inspecting 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 use 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 Grantors the sum of $885.79 4. The Grantors recognize and acknowledge that The City lS currently engaged in a city-wide program to construct flood control improvements upon Lena Gulch which would inure to the benefit of Grantors 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. Grantors therefore agree 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 thereby contemplated may not be specifically set forth herein. 5. 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 unreasonably withheld if the same may be given without endangering the public health or welfare or otherwise imparing the purpose of this Drainage and Flood Control Easement. 6. The City agrees that, during the term of this Easement, it shall repair and maintain the improvements constructed 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 improvements made pursuant to this Easement. 7. 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. 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; 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. 9. Notwithstanding any other provision hereof to the contrary, each and every representation, agreement, and provision - 2 - c' _ ~ "I .. '" ;L \) I ,~. (; J J contained in that certain "Agreement to Convey Easement" executed by the parties on nl ~t'l cJ" J& , 1981, shall be merged ~n and shall become a part of this Easement, and shall be binding upon the parties as if set forth fully ?~1r(yn "\ ~"~ (~~~~~~~M THE CITY OF WHEAT RIDGE, 3 a municipal corporation By /', ,.,I.J J:ti:"" ~~~ ATTEST: Carol F. Hampf, " " ,,~'- -- CLfl;/c{ / , ' STATE OF COLORADO , ""'''''''''''~''' If't- COUNTY OF JEFFERSON The foregoing VIas acknowledged before me~ this ,'" f;C day , .' C ( ///:z t t';6 , 1981, bYL~'7'~~~ //. i-U"~'-L~U:; d / ( cT ;;" My Commission expires: r,1y C~'ril~.."' :,.1 c "~$ "':L'~:;<iT ;8, lS24. of l' t,;.. Witness my hand and official seal. "r----;;/7 ( /' , l~\.t~~...........c... /'.~A,.c.e"":;'Lk'--:;;;::-... -fI,' \ " Notary Public STATE OF COLORADO COUNTY OF JEFFERSON 'l'he foregoing was acknowledged before me this It-ii..' day of /,'7' '--.,.." / J-/,' / ~~ ~'U"J ///(2 i f" ~ , 1981, b'{ )~;'':21,L;t{;J/~:Z ~'7 cy- / ~/1:~CV~"'77. My commission expires: lily C;'(" " :,; ;0..., j j = r = '( Witness my hand and official seal. y/~ (",7/"~ v _ Notary Public l/"' _,v/---t.~'C..?~~ ~, ;. '!l. APPRf)'ED\AS ~O FORM: V l r ,~---~, John E. Hayes, City ~ttorney j - 3 - LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.100 PROJECT NO. 732-28.2 MARCH 13, 1980 SHEET 1 OF 2 t/ LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.100 A parcel of land located in the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: c=' Commencing at the Southwest Corner of the East 1/2 of said Southeast 1/4, Southeast 1/4; " thence Northerly along the West line of said East 1/2, 170.0 feet; '-"--) thence Easterly parallel to the South line of said Southeast 1/4, 70.0 feet; c' thence Northerly along the West property line which is parallel to the West line of said East 1/2, 20.0 feet to the True Point of Beginning; thence Northerly along said West property line, 173.08 feet to a point on the centerline of Lena Gulch, commonly called Dry Creek; thence Northeasterly along said centerline as follows: on a deflection right of 450-45', 37.74 feet; thence on a deflection right of 330-00' , 112.0 feet; thence on a deflection right of 520-20' , 72.0 feet; thence on a deflection left of 570-50' , 51.0 feet to the point of intersection of said centerline and the East property line; thence Southerly along said East line, 57.0 feet; thence Southwesterly on a deflection right of 800_30', 73.0 feet; thence on a deflection left of 120-40', 58.0 feet; thence on a deflection right 160-15', 33.0 feet; thence on a deflection left of 370-30', 84.0 feet; thence on a deflection left 170-23'-04", 41.91 feet to the True Point of Beginning, containing 25.318 square feet or 0.581 Acres, more or less. Said acquisition is contained in the property described in Book 499, Page 106 of the Jefferson County Records. WRIGHT- McLAUGHLIN ENGINEERS 2420 AleC-II S'reel Denver Colorado 80211 PtH)r-.c' (30')} 4S8 E>?01 LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, COlorado...5' ACQU IS I TIOl-J 2- 100 MA.\2..CI-\ 13, 1980 0.58/ AC. N . ,",,50 - () r...: I[) c:: I ~u uF !3 FbINT (,1 ~~I ~(l "\ I() o. (fj~ r-O (f) N 73.0' 80030 . ;.~ ) c::~ o r- 70.0' o o ~ 5E 1/4 SE. \/4- SECTION 2-1,T35 R(;;,SW JEFFERSOt-J CouNTY WRIGH1- Mcl AUGHllN U;,,-:'I~.rERS 24:'0 Alec,!! - o -=t_-L ..~ O~'r'vl.r :... ,_ ,1.1 ~ W. 3BTt4 AVE. BY ~~"') - f'0~~ ~\-\EET 2. OF 2. 5: I r~'" 8<,:'; 1 Pt~Or\\' {'~~..1 4S8-6~'nl