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HomeMy WebLinkAbout0055 ~ ~' \ \."'c,..... [' I I !l' ., 81029777 IS2I I.F8 3D r;\ I: i 0 DRAINAGE AND FLOOD ())NTROL EASEt1Et-.'T THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this / /( :iday of I~~ - 1 . . I I'~ '-I' II . J: ( (\ THE: :{ITY OF , by Pop Shoppes of America (hereinafter referred to as Grantor) to WHEAT RIDSE, a municipal corporation, (hereinafter referred to as "The City"); l'frlEREAS, Grantors are the cwners of the following described real property situate, lying and being in The City of vJheat Ridge, County of Jefferson, State of Colorado, located at GI05 VI. 44th Avenue, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) . ,~ WHEREAS, it is the intent of The City to develop, CDnstruct, and rraintain ~ drainage and flcxxl control improvements on the Property for the general health, '.~.! safety and w=lfare of Grantors and the other citizens of The City of vlheat ~ rn Ridge; ~ ~~ mw, 'IHEREFDRE, I. Grantors do hereby grant and CDnvey to 'l'he City a perpetual easement to the Property, as described above, for the purpose of authorizinq The City to CDnstruct and n-aintain hereon any flood CDntrol dlannels, structures, or ather improvements deemed necessary by The City to fully and successfully il11plement the Harlan Street Drainage Flcxxl Control project CDntemplated by The City. 2. The easement granted hereby includes, without limitation, a grant of authority to The City; to cane upon the Property for the purpose of surveying and inspection; to construct such improvements, including channelization, embankrrents, rraintenance roads, and ather flcxxl CDntrol 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 VJater to come upon and flew over said Property; as well as any other uses not enun-erated herein lilhich are CDnsistent with the purposes of this Easement. 3. As consideration for the conveyance herein specified, The City agres to Pay Grantors the sum of $IB. 00. 4. The Grantors recognize and acknowledge that The City is currently engaged in a city-wide program to construct flcxxl control improvements on Harlan Street \\ihich would inure to the benefit of Grantors and all ather citizens of The City of Imeat Ridqe, and that The City is CDoperating in this venture with the Urban Drainage and Flcxxl Control District (IJDFCD) to that end. Grantors therefore agree to cooperate with The City and DOFCD in any reasonable manner or rreans lilhich is CDnsistent with the purposes of this Easenent, even though any 81029777 p:irticular use or improvement thereby contemplated may not be specifically set forth herein. 5. Grantors agree that they Shall construct no L~provements or buildings 2- of any kind Whatsoever, including fencing, on the Property conveyed hereby without the prior written consent of The City, \\hich consent shall rot be unreasonably withheld if the same may be given without endangering the public health or ~lfare or atJ1erwise imprring the prrp::>se 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 0 remaining property during construction or repair of any improvements made l~suant to this Easenent. 7. During the term of this Easement, the Grantors shall have access to any nay utilize the Property conveyed hereby for any purpose which lS not inconsistent with, or Which v.ould be detrimental to, the [llr]Xlse for Which this Easement is granted. 8. The Easement granted hereby is perpetual, and Shall be binding en the heirs and successors of the parties, and shall becane a covenant runninq 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 rot be effective until so recorded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to the foregoing and attached Drainage & Flood Control Easement the day and year first above written. GRANTORS: 'IRE CITY OF WlliAT RIffiE, l A ~/hc.'~~_<l:..'.t Lfu municipal corporation By '-. (... 6~/~l /,~ Frank Stites, Mayor ATTEST: /' /' ,~, -.,/" (~cCC.c.::-' I.. .r ./ / ) ;~{1~ /~?f/ , Carol F. l-lampf. City Clerk - 2 - STATE OF aJIDRADO mUNTY OF JEFFERSON 81029777 it! The foregoing and attached \\as acknowledged before Ire this ---LL day of (1ru:--J7 3 , 1981, by Pop Shoppes of America. ~~ commission expires: ~/ls/f1 Witness my hand and official seal. STATE OF CDIDRAOO CDUNTY OF JEFFERSON ~~a< /~Jty -,. Notary Public , . ...~ ' The foregoing and attached \\as acknowledged before rre this ) L/ t.t day of C\\,C~ , 1981, by Frank Stites as Mayor and Carol F. Hampf as City Clerk for the City of Wheat Ridge. M'.l crnmission expires: ..3,-' 1 - 5 If- Witness my hand and official seal. APPlr ?;,ro FDRlYJ: /' ~_~ r ~__ ___- ~Oh;/E. Hayes, City Atto~ l/ -., . ~ ~ ",,,'\.1 11'\ ' , ~ - 3 - 81029777 @ POP SI70PPE.5 or A/'1cRICA, /u~. ... ~ cry .--- I I I. ~ ~ ..... . N : "- BK. 2505 I Pt:. c!J06 '" '..I ~ " "> 1 -I I -~~ !_L_~l_' .14 J //1,66' V' ~I - ~~ S'E;- L/U; - - ~ ... 20' 30' hi 44 T/I Aye: C/TY or h/lTc/lT UN'~, .sEe'T/OL/ 24, R/OC;E T ..3 S" R. 69 W. POP SHOPPES OF Af1ERICA, INC. PERt1ANENT EASEr1ENT FOR DRAINAGE OESCRI PTION: A parcel of land in the NW 1/4 of Section 24, Townshia 3 South, Range 69 t~2st of the 6th Principal r1eridian, Jefferson County, Colorado, containing 100 squal'e feet, mot'e or less, and is more particularly oescribed as follows: Commencing at the southeast corner of the tract of land described in Book 2505 at Page 806 of the records of Jefferson County, thence westerly along the north right-of-way line of West 44th Avenue, a distance of 111.66 feet to the point of beginning; 1. Thenc:c continuing I'lesterly along the north right-of-\'Iay line of West 44th Avenue, a distance of 20.00 feet; Sheet 2 of 2 8\019777 2. Thence on an angle of 900 to the right, a distance of 5.00 feet; s-- 3. Thence on an angle of 900 to the right, a distance of 20.00 feet; 4. Thence on an angle of 900 to the right, a distance of 5.00 feet, more or less, to the point of beginning. The above described parcel contains 100 square feet, more or less. TEMPORARY EASEMENT FOR CONSTRUCTION DESCRIPTION: A parcel of land ln the N\~ 1/4 of Section 24, Tovmship 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado containing 200 square feet, more or less, and is more particularly described as follows: Commencing at the southeast corner of the tract of land described in Book 2505 at Page 806 of the records of Jefferson County, thence westerly along the north right-of- way line of West 44th Avenue, a distance of 111.66 feet to the point of beginning; 1. Thence continuing westerly along the north right-of-way line of West 44th Avenue, a distance of 25 feet; 2. Thence on an angle of 900 to the right, a distance of 10.00 feet; 3. Thence on an angle of 900 to the right, a distance of 30.00 feet; 4. Thence on an angle of 900 to the right, a distance of 10.00 feet, more or less, to the north right-af-way line of West 44th Avenue; 5. Thence westerly along the north right-of-way line of West 44th Avenue, a distance of 5.00 feet, more or less, to the point of beginning. The above described parcel contains 300 square feet, more or less, of which 100 square feet is permanent easement.