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Home My WebLink About0057 '~ - = r ,: ~ t.':":? ~,x CL <J: ~.f , 8/029775 r:1 I: OJ I=~I '-') 3 __ ,,;, n 4 I f .... ;"' DRAINAGE AND FLCXJD CDNTROL EASEMENT -( /1' I:) - THIS DRAINAGE AND FLCXJD aJNTROL EASEMENT granted this day of ! 7 /- / , , '/t/J.' / ., 4.A#\../ , by Bernice M. D'Orman (hereinafter referred to as Grantor) to THE CITY OF WHEAT RIIX;E, a municipal =rporation, (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 vVheat Ridge, County of Jefferson, State of Colorado, located at 6287 W. 48th Place, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) WHEREAS, it is the intent of The City to develop, mnstruct, and rraintain drainage and flood control improvE'JTlents on the Property for the general health, safety and v.elfare of Grantors and the other citizens of The City of hheat Ridge; t'DW, TIillREFDRE, 1. Grantors do hereby grant and mnvey to The City a perpetual easement to the Property, as described above, for the purpose of authorizing The City to mnstruct and rraintain hereon any flood mntrol rnannels, structures, or other improvements deemed necessary by The City to fully and successfully implement the Harlan Street Drainage Flood Control project mntemplated by The City. 2 . 'l'he easement granted hereby inCludes, without limitation, a grant of authority to The City; to o::me upon the property for the purpose of surveying and inspection; to construct such linprovements, including channelization, anbankrrents, rraintenance roads, and other flood mntrol improvements deemed necessary; to cane upon the Property for purposes of inspecting and maintaining such improvements; and for the purpose of allowing any drainage and flood water to cane ujX)n and flow over said Property; as well as any other uses not enurrerated herein Which are mnsistent with the purposes of this Easement. 3. As consideration for the conveyance herein specified, The City agres to Pay Grantors the sum of $3,998.88. 4. The Grantors recognize and acknowledge that The City is currently engaged in a city-wide program to construct flood control improvements on Harlan Street \\ihich v.uuld inure to the benefit of Grantors and all other citizens of The City of Wheat Ridqe, and that The City is cooperating in this venture with the Urban Drainage and Flood Control District (UDFCO) to that end. Grantors therefore agree to cooperate with The City and UDFCD in any reasonable manner or neans Which is mnsistent with the purposes of this Easement, even tl10ucih any 81029775 p3.rticular use or improvement thereby contemplated nay not l:€ 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 mt l:€ unreasonably withheld if the same may be given without endangering the public health or VRlfare or other<.vise imparing the pJrpose 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 uJXln the Property hereby conveyed, and The City shall likewise repair any dam3.ge \.mich it causes to Grantors' remaining property during construction or repair of any improvements nade pursuant to this Easement. 7. During the term of this F,asement, the Grantors shall have access to any Hay utilize the property conveyed hereby for any purpose which is not inconsistent with, or Which w::uld be detri.rrental to, the [urpose for vihich this Easement is granted. 8. 'l'he Easement granted hereby is perpetual, and shall be binding en the heirs and successors of the parties , and shall becane a covenant running with the land up::m its recordation; provided hoVRver, that this F.asement nay be terminated only by a writing signed by both parties, or their successors, Which writing shall be duly recorded and shall mt 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. GRAtIDJRS: );:J..: rJU<, " III .). 't!:/'1J~ta ;1-) 1.1 A.) l 'I' :} r/).l.{ ~! ll/ lk n j /; I} CIA ,~L I 'j~.t L' ,J (( 'IRE CITY OF WHEAT RII:X::;E, a municipal corporation ..----- '\"":( / >, fL.-h-.,;! 7. Jp;";' v By Frank Stites, Mayor ATTEST: ~ --" .. /" / I ) / / ,_ ~ "-{.fiU , _ /~. / ((/'L: ,://~/ ' I ..../ ,/ Carol F. Hampf, City CI~rk ) - 2 - ( {I\ lrt f.ll) 1,:'; "-;t.11! I] I 1'\ THE \1>\T1'EI\ OF ITHE EST.HE OF BERNIECE M. D'ORMAN ciX'KOWYxD,:,Prokckd Per"," I ~Hroxk~x~~~~oo THE prOFl E ()~ THF C,T\TF ()r (()L(J}H!)O To all to \\ ],"'" tIle,,' prn,,"ls shall ('Oll". .- (.Hr,ETI'\C ~ \\ HEHEA~ Oil tl". lIth del\ of DA.RLE E'" M. J:AIDI]\jc;ER . CO.l'tSE.EV}'\TQR 81029775 ] '\ 'j i i ! ~J:STRICT. _ (01.'RT 1'\ -\'\D FUll THE _ c,n '11 OFJEEEERSON.. ,; \.j: : IF ( OLUR.-\f)() 80 PR 398 --- ---- LETTERS .A.I~.9.1l_st ___, 19_ 80 _____ __\\as duh appointed or qualified as * o of the ahove !lamed InllllOr: limapacitated person) 5a of tlw estat<' of the ahovt' nanlt'c1Ii&*~kKe:r (protected person) b\ this Courl or its R,'~istrar, with all the autharit\ thereto pertaining, '\u\\ THEREFUllE. these letters ** .__.uLConservatorship are IS\llt'd ,is f',.idt'IlCt' of slle h appOIntment or qualification and authorit, \\ IT:\ E5S m) signature and the seal of this Courl, this __ll:th..._da\ of AUQust ,19~ i~l al uf CULirt, h\_~~'~ STATE OF COLORAOO '\ SS COUNTY OF JEFFERSON) I PRISCILLA 1108B, Clork of the Oislrict cou;t. do hereby certify thut the above is j jult and true copy of the uriginal Letters nnw In Ill,! office properlv remainlllg. ond that said Letters are nOW in full terce and effect. Witness my hand and the Seal of said Court, tills 11'/-11 day of~A.O. 19 gO PRISCIL\A ROBB, Clerk 'Fpr d,'cedent s states, in.ser! /'t'r""d Representative For propert\ lnauag,enwIlt. ill~prt COll~t:'n alar For pnsnllal gllardianship, insert Guardian For Spec.;a] Admin;stralor, illS"rl ~pl'cia] Administrator **Insert one of the following a) Testanlf'ntan hi Of -\dmillistration (') 01 Cnanllilmhip di Of COlIsena(orship t'1 Of SI"'C1aj \dministralinll I ~- " i .3 I r \- . 81029775 STATE OF mWRADO C'OUN'lY OF JEFFERSON "-1/' The foregoing and attached was acknowledged before Ire this I'lL day of L/ -.il i'A.' I L , 1981, by Bernice M. D'orman~ by DarJeen M. Jaidinfer. t'Iy CXllTIl1lission expires: Ml Commission Expires January 8. ;'1>' Witness my hand and official seal. ~/1 } ~ F ,,'-7 .0--7"<:.,cL- (C ,.(.;:;:,~)\...- / Notary Public : r;.' " STATE OF CXJWRAOO C'OUNTY OF JEFFERSON The foregoing and attached was acknowledged before TIE this --, ~ /' ::> day of /, .l ;-",,,,I:...r w, .r , 1981, by Frank Stites as Mayor and Carol F. Hampf as City Clerk for the City of v-heat Ridge. l'-ly =nmission expires: .;;. -, cr - ~ t WiUless my hand and official seal. - (f .~ ~ hn~ '"' Notary P ~c V- , , , . .J '., :, '>, : ("l~\ ';'> . 1\. APPROVED AS 'ID 1'-'Om1: ....., /-- ,":.. , /~ /:.....-, --, John E. Hayes, -:;> '. ;; .~c_ ..__ .' ') City A't;tQEney - 3 - ...----- ~\{}1.911tj CD 8ERI.I/tC t'1. O'ORI1AI.I Fe/" 5' 8LOCl< 19 fjERKELEY HEIt:Hrs .5L/8DIYI5/01J ~[tOiJO FIL 1/.1~ I3K /32 pt. 126 ~ \~ ~ ~ \\ /3~ 2n24 CI rY Or wlll'A T Rlo,:;E 5# '/4. 5fCT10/.J 13, r:.3 5., R 69 W. Sheet 2 of 3 81029775 I I //J L- BERNICE M. D'ORMAN PER~1ANENT EASEf1ENT f-OR DRAINAGE DESCRIPTION: A parcel of land in Block 19, Berkeley Heights Subdivision Second Filing, in the SW 1/4 of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, containing 0.51 acres, more or less, and is more particularly des- cribed as follows: Beginning at a point on the North line of the tract of land described in Book 132, at Page 126 of the Records of Jefferson County, which is also the northeast corner of a permanent ease- ment described in Book 2005, at Page 144, records of Jefferson County, from whence the southeast corner of said SW 1/4 of Section 13 bears S 560 18' 05" E. a distance of 1577.40 feet; 1. Thence N 750 28' 40" E. along said North line, a distance of 80.62 feet; 2. Thence 500'08' 05" W. a distance of 175.00 feet; 3. Thence 5.450 08' 05" tL a distance of 46.67 feet; 4. Thence 500 08' OS" W. a distance of 134.00 feet; 5. Thence 5.310 58' 48" E. a distance of 66.24 feet; 6. Thence N.660 28' 46" ~J. a distance of 55.00 feet, more or less, to the southeast corner of said permanent easement; 7. Thence N. 210 04' 25" W. along the east line of said easement, a distance of 82.18 feet; 8. Thence N. 00 08' 05" E. along the east line of said ecse- ment, a distance of 279.26 feet, more or less, to the point of beginning. The above described parcel contains 0.51 acres, more or less. TEMPORARY EASEMENT DESCRIPTION: A parcel of land in Block 19, Berkeley Heights Subdivision, Second Filing, in the SW 1/4 of Section 13, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, containing 850 square feet, more or less, and is more particularly described as follows: Beginning at a point on the east line of the previously described oennanent easement, from which the southeast corner of said SW' 1/4 Section 13 beal'S S. 590 23' 35" E. a distance of 1434.56 feet; 81029775 Sheet 3 of 3 1 1. Thence S. 890 51' 55" E. a distance of 40.00 feet; 2. Thence S. 00 08' 05" \1. a distance of 20.00 feet; 3. Thence N. 890 51' 55" \4. a distance of 50.00 feet, more or less, to a point on the east line of said permanent easement; 4. Thence N. 450 08' 05" E. along said east line, a distance of 14.14 feet; 5. Thence N 00 08' OS" E. along said east line, a distance of 10.00 feet, more or less, to the point of beginning. The above described parcel contains 850 square feet, more or less.