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Home My WebLink About0053 \) \) \ \) . ~".: <c >~ 0; ;~~ -~~ ~~ 53 EASE11El~'i' granted this IP /' ~~~ _tly" ;.~B,off"cc __ ~ . __1<' TII---; ~::; 81029776 I' -.1 ,-.., "n J,J ., ,\ ..;\ fa I: in ,~r:. .,' 1- f ~ ~, '" DHAINAGE AND FLOOD CONTHOL EASJ::MENT ----------------~---~-- -------_._- ~----_._._-- 'J'lfIS OH.AIl'JAG8 Al~D FLOOD COIHH.OL day of ~~__ 1~81, by (hereinafter referred to as Grantor) to THE CITY Of ~lfEAT RIDGE, a municipal corporation, (hereinafter referred to as "The City"); ~!J::HEAS, Grantors are the owners of the following described real property situate, lying and being in The City of Wheat Ridge, County of Jefterson, State of Colorado, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) WHEHEAS, it is the intent at 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; NOVJ, 'i'HEREFORE, 1. Grantors do hereby grant and convey to The City a perpetual easement to the Property, as described above, for the purpose of authorizing 'J'he 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 'J'he 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 survey~ng 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 SUC11 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 $648.43 4. The Grantors recognize and acknowledge that The City ~s 81029776 currently engaged in a city-wide program to construct flood control improvements upon Lena Gulch which would ~nure 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 (UOFCO) 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 repa~r 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. ~. Notwithstanding any other prov~s~on hereof to the contrary, each and every representation, agreement, and provision - 2 - 8/029776 contained ~n that certain "Agreement to Convey Easement" executed by the parties on , 1981, shall be merged in and shall become a part of this Easement, and shall be binding -3 upon the parties as if set forth fully herein. %J'/'/~/ I ~ ~/ r //" , j/ -"L~-~-~--------------- 'rilE CITY OF WHEAT RIDGE, a municipal corporation By ,--I-t~ -." J .J L -~:- / '0';/-/1, ATTEST: " --- ., ,/ Y -". )_ __ )--;- /.. L ,cC / 7 <- -r--<=ct~ ~.--I- --~ / Carol F. Hampf, City Clerk STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this ~~ day of ~_~, 1~81, by_-tnV~~~_~Li1EtFFtl~_~. ~ly Commission expires: ~.4t' 1'1, 1'It?-- Witness my hand and official seal. Notary Public STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was //') :/' 4' '. !.- 1"81 _~-I~ . /L- ,::J, acknowledged before me this / J/"~ day of '.../' ') , / , . J 7'''- . / . / /f, / bYe. ,)~(~~~~:!c...!:c-L,,-,--~j Lt i':"'~-c)-r:Ya V1A__~' .;: /! t- My commission expires: ~/y C'"rc_';~ ,"'i'.,~ ';:' ,','v 13, !~.'1 Witness my hand and official seal. ( -: ./ ' /' ~ ~/"'_ / l' L-- -+---;~-- /-.'--- ~-~.- - / Notary Public \, APPHOVf:D -1'?S 'fU <RQW1( , ~ ') '" ,-----..) -"-~---- -~~-- - ~~-----~-~-------- . / John E. Hayes, C~ty Attorney v - 3 - 81029776 J 2X~-:IB IT 11 A" LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY EASEMENT NO. 2.105 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 2.105 A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 28, Township 3 South, Range 69 West of the 6th P.M., Jeffer- son County, Colorado, described as follows: The North 28.0 feet of the West 26.5 feet of Tract A, Orton Heights Sub- division and the North 51.0 feet of the East 163.57 feet of the West 1/2 of the West 1/2 of said Northeast 1/4, Northeast 1/4, Section 28, Township 3 South, Range 69 West of the 6th P.M., except the portion thereof conveyed to Jefferson County in Book 808 Page 100 Jefferson County Records; said tracts containing 3,604 square feet or 0.0827 Acres, more or less. The applicable portion of the 5 foot utility easement in Tract A, Orton Heights is included in the above area. Said easement is contained in the property described in Book 2004 Page 599 of the Jefferson County Records. WRIGHT- McLAUGHLIN ENGINEERS 2420 Alcott Strec1 Denver Colora1o 80211 Phone (~03) 458.~6201 81029716 ---- s LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado cA.SE.ME~T 2.105 JA~UAR.V \ \ . 1980 O. 08l., AC. /40i \0- w uJ ri ~ VI Cl V5' UTILITY 11l E.A5~Mt~T -.J TI2ACT "p;:, I" -' - 2- ORTOI\.l ~EI6~T~ SUBDIV\SIOt--.1 I I z5' ; 2(;, -S' \38.57' 0 I t!) I - - N I N ..) -0 (l/ W. 3BTlol AVE. - ~ ~ NE. COf'()€r't; 'r'J 1/... NE '/4 NE 1/4 ::, edion z.e r-JE '/4- ~E '/4- SEC.TIOk.! 2.B I T3S; 12 (.,9W JEFFER.SO~ C.OUNT'1' \~ -~fY)~ BV V . WRIGHT- McLAUGHL IN ENCiINEEns 2420 Alc.a!' $IIect In'', Ccl'-\a~I" 80211 S\\<::E\ -z.. OF 7-- PhO',<:, ,]'1JI 4Sf.-('")(1