The URL can be used to link to this page

Home My WebLink About0058 \~~ ro~ +-' a> t:: ~ 2 '"? ;::l i5~e:: ~ \' ';'[ ~ ('J ~ n 81029781 " IJ] L:~ 3') r;l I: II '" , , j.. ,.1 " DKAHJAGE AIm fLOOD COWi'koL EASE1'1ENT THIS DRAINAGE AND fLOOD CONTROL EASEMENT granted this /7-dt day ot 4~ l~tU, by Dale K. & Saraetta R. Lewis \,1 (hereinafter referred to as Grantor) to THE CITY Of wHEAT RIDGE, a municipal corporation, (hereinafter referred to as "The City"); ,mEkEAS, Grantors are the owners of the following described real property situate, lying and being in The City of \"iheat Ridge, County of Jefferson, State of Colorado, located at 3661 ~1iller, to-IIi t : (see attached Exhibit A, attached hereto and made a part hereof) dIlEEEAS, i t ~s the intent of ':Lhe 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 Eidge; lmv~, ':LHBkEFORE, 1. Grantors do hereby grant and convey to The City a perpetual easement to the Property, as described above, for the purpose of authorizing '.che City to construct and maintain hereon any flood control channels, structures or other improvements deemed necessary by 'rhe City to fully and successfully implement the Lena Gulch Flood Control Project contemplated by The City. 2. 'rhe easement granted hereby includes, without limitation, a grant of authority to The City; to come upon the Property for the purpose of and inspection; such to construct survey~ng 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 ot this Easement. j. As consideration for the conveyance herein specified, 'rhe Lity agrees to pay Grantors the sum of $1,021.14. 81029781 4. The Grantors recognize and acknowledge that The City ~s currently engaged in a city-wide program to construct flood control improvements upon Lena Gulch which would ~nure to the benefit of r Grantors and all other citizens of that The City ~s cooperating ~n Drainage and Flood Control District therefore agree to cooperate with The Ci ty of vvheat Ridge, ano this venture with the Urban (UDFCO) to that end. Grantors The City and UDFCO 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 tne Property conveyed hereby \vithout the pr~or written consent of 'i'he 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 repa~r and maintain the improvements constructed upon the Property hereby damage which it construction or Easement. 7. During the term of this Easement, the Grantors shall have conveyed, and l'he City shall likewise repair any causes to Grantors' remaining property during repa~r of any improvements made pursuant to this access to and may utilize the Property conveyed hereby for any purpose which ~s not inconsistent with, or which would be detrimental to, the purpose for which this Easement ~s granted. tJ. 'rhe Easement granted hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a covenant runn~ng with the land be upon its recordation; termina ted only by a shall however, that this Easement may signed by both parties, or their be duly recorded and shall not successors, which writing be effective until so provided writing recorded. - 2 - 8\02978\ Co: IN vH'rNi:S::o \-i'HEREOF, the parties hereto have set their hands J and seals to the foregoiwj and attached Drainage & Flood Control Easement the day and year first above written. GRAN'i'O-\,S:. ' j ) ~~~-' K ,~~'7 L Jz (,7r/ZC-/ f~-~ ~ '7' -7 / ~HE CITY OF ~HEAT RIDGE, a municipal corporation ----::-- By '---f'/Z,A~~~ Frank stites, Mayor ATTEST: I, ~MJd~) Carol F. Hampf, City C~ rk STATE OF COLUHADO COUNTY OF JEFFERSON 'l'he foregoing was acknowledged before me this ;-ri --- day of ~ _____, 1~81, by Dale K. & Saraetta R. Lewis. My Commission expires: j";)../~Yr2-- ~itness my hand and official seal. r' " . .." ~~~_ ~ ~>J ~. <7 , ';.', 0-- ., / ~ f" /' ~\ - ,~ -- /', ',I .: ;>. l~otary Publ ic ' .;; S'.L'ATE OF COLORADO COUNTY OF JEFFERbON 'rhe foregoing was acknowledged before me this ~/L day of o (' (_0A..c f:. , 1981, by Frank Stites as i'layor and Carol F. Bampf / as City Clerk for the City of ~heat Ridge. My commission expires: M] C;):T'1;:~:1.:"'l t:(;-,:..;,~~~ r-=';'~l:: ~' 1:-' , '\!" 1 Witness my hand and official seal. /.~~ C--=,_+_L c' ~/-/ ~-- v Notary Public '--/. v' J- ~ < J. <--...-'" -~ City - 3 - 81029781 ~~f'.!~R9~kS~T ~~~INAGEWAY + City of Wheat Ridge, Colorado ( LENA GULCH DRAINAGEWAY EASEMENT NO. 2.106 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 2.106 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., Jefferson County, Colorado, described as follows: The East 46.67 feet of the North 58.0 feet of the West 141.67 feet of the West 1/2 of the West 1/2 of said Northeast 1/4, Northeast 1/4, except the roads deeded to Jefferson County in Book 808 Pages 100, 101, and 102 of the Jefferson County Records containing 558 square feet or 0.0128 Acres, more or less. Said easement is contained in the property described in Book 1492 Page 50 and Book 822 Page 174 of the Jefferson County Records. WRJGHT- McLAUGHLIN ENGINEERS 2420 Alcolt Streel Denver Colorado 80211 phon~ (303\ 458-6201 LENA GULCH DRAINAG~WAY FLOOD CONTROL IMPROVEMENT PROJECT 6 City of Wheat Ridge, Colorado EASE MEt.JT Z. \o(c ~ f'~ 40.0' ..JA~UAR" "11980 0.0' 2.B AC. o If) WeST 38;" AVE\JuE /'J w. COR~EIC W 1/2. I tJE 1/4., ~E 1/4- SEC, ~e ,T3S j R Cr>9W 12.0.0' + f - 15'1( o (!) <\J 21.(07' \-- w uJ CL ~ If) WE 1/4 klE. 1/4. SECTIOW 28 ) T35 eC:J9W JEFFE.f2S0~ C.O\JUTY ~ uJ -I -1 2 ~" p. ~ N\U . BY _ ~I~q\l~~ WRIGHT- McLAUGHlfN ENGINEERS 24:-0 AlcOI~ Stree: D('0 ('I COICH<,!,1o 6121' 5HC2- ::: 0-::: PhQ",1o ~3'),~'1 4S8-E>2(Jl ( LENA GULCH DRAINAGEW)W' ~ FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.106 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.106 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., Jefferson County, Colorado, described as follows: Commencing at the Northwest corner of the Northeast 1/4 of the Northeast 1/4 of Section 28; thence Southerly along the West line of said Northeast 1/4, Northeast 1/4,30.0 feet to the True Point of Beginning, said point lying on the South right-of-way of West 38th Avenue; thence Easterly along said South right-of-way line 120.0 feet; thence on a deflection right of 900 00'; 28.0 feet; thence on a deflection right of 720 00'; 61.02 feet; thence on a deflection right of 170 00'; 62.0 feet to a point on the West line of said Northeast 1/4, Northeast 1/4; thence Northerly along said West line 48.0 feet to the True Point of Beginning, containing 5,115 square feet or 0.117 Acres, more or less. Said acquisition is contained in the property described in Book 1492 Page 50 and Book 822 Page 174 of the Jefferson County Records. wnl',:iHl-MdAUGHLI~~ U~GINEERS 7420 Aleu!1 Street Denver Colora'io 80211 Phone (303) 458-E20l co LENA GULCH DRAINAGEWAYB I r-... FLOOD CONTROL (~ o IMPROVEMENT PROJECT City of Wheat Ridge, Colorado ~ co "-.l f"= 40 0' ACQUI5ITIOt.J 2.10(0 JA~UAI<Y I \ I 1980 0.11'7 AC Tl2UE POINT OF 8EC:dlJt-lI\-J~ WEST 38TH AVEtJUE tJ W Col?tJEK: N E 1/4-, 1\lE. 1/4- j SE.c" 2.B, T3S, ~~9W reo.o' (;,20' -C) IX) <;;} \- UJ uJ DL l- t[) t-JEI/A.. NEI/4. SECTIO\.J 25 I T 35 K: ~9 W JEFFEl<SO~ COU~T'y' Ql w --l --l :2 BY ~Jwv-r.I\)~ WRIGH1- McLAUGHL IH ENGINE ERS 2.~2"D Al:0!t Street Dlf1\'f" Colorilrlo Ee?l i .::)\-; t.E.-:- 2.. c.;'- 2. Phone (38::1\ 458-62(\1