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Home My WebLink About0059 ; 81060686 1981 t1ir- 13 Iii ,no !,' .... lit- IV. "L , t'VB:,vI '\ ~... H'i";E \ I..'."., ! ~JC~T ; \ '""' '~) \\ -----.J , ..... .~.+- -t " ~""_.4' of) ~' I {;ounty of .!Qif0r~cn Slate of Cc DRAINJ'GE AND FlJJOD OJN'I'ROL EASEMENT THIS DRAINAGE AND FlJJOD OJN'I'ROL EASEI-1ENT granted this 5th day of H3.y , by Wheat Ridge Sanitation District (hereinafter referred to as Grantor) to THE CITY OF WHEAT RIDGE, a n1lli1icipal corporation, (hereinafter f -5 referreu to as "The City"); ~V'dEREAS, Grantors are the o.vners of the following described real property situate, lying and being in The City of VVheat Ridge, COlli1ty of Jefferson, State of Colorado, located at 4900 ~1arshall Street, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) MlliREAS, it is the intent of The City to develop, =nstruct, and mintain 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 Riuge; bDW, TI-lEREFDRE , I. Grantors do hereby grant and =nvey to The City a r:erpetual easement to the Property, as described above, for the purpose of authorizing The City to =nstruct and mintain hereon any flood =ntrol marmels, structures, or other improvements deemed necessary by The City to fully and successfully implement the Harlan Street Drainage Flood Control project =ntemplated 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 charmelization, embankrrents, mintenance roads, and other flood =ntrol improvements deemed necessary; to cane upon the Property for purposes of inspecting and maintaining suCh improvements; and for the p.rrpose of allowing any drainage and flocx.t water to cane upon and flaw over said Property; as well as any other uses not enumerated herein Which are =nsistent ~nth ~~e purposes of this Easement. 3. As consideration for the conveyance herein specified, The City agrees to Pay Grantors the sum of $ 594 . 58 . 4. The Grantors recognize and acknowledge that The City lS currently engaged in a city-wide program to construct flood control improvements on Harlan Street Which v.DUld inure to the benefit of Grantors and all other citizens of The City of ',meat Ridge, and that The City is c=perating In this venture with the Urban Drainage and Flood Control District (UDPCD) to that end. Grantors therefore agree to c=perate with The City and UDFCD in any reasonable manner or m=ans which is =nsistent with the purposes of this Easement, even though any L OGOGG6 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 g~ven 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. The city does hereby agree that it shall hold the Grantor harmless from any and all claims, actions, demands, damages, or causes of action whether to the Grantor or its property, real or personal, or to any third persons whatsoever which may arise at any time in the future as a result of the use by the City of the within granted easement as set forth in paragraph 2 hereof. This agreement shall also apply to all costs and attorney fees that may be incurred by the Grantor in appearing and defending any such claims in the future. This covenant shall run with the land and be perpetual and shall be binding upon the heirs, successors, mergers and assigns of the parties hereto and may be revoked only as herein provided for the revocation of the entire easement. 8. 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 lS granted. 9. The Easement granted hereby lS perpetual, and shall be binding 8 10 '0 OG G 6 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 3 recorded and shall not 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. G RA ij'l'QRS : THE CITY OF WHEAT RIDGE, ~~s,~;1Ta municipal corporation By ,/ / ~./ _/ -f ,1." i _ .1.], ;( e.-_ ~ .. , , , , Frank Stites, Mayor ATTEST: '. , " ""I ,'" ~1)/ . ; c-<'n[L-C. ..' ~ ;lc-t);?';? . );r;. ' v",,"~ J . ~ it.; Carol F. Hampf, CitTC~;:r:k 1, . 810S0696 o j.//lE AT /?/,oC:c .:1A.L/I TA T/O,// f} /S TR Ie T , ~ ~ IN ~ ~ '> 1 n I I I~ I I~~I ~~ ~ ~~I~ ~~I~ ~~ ~~ ~ ~'" I~~I~ L'I/J?f/E OA TA R ". /05.00' D =42000'00" L = 76.97~ IJ 0008 'O:5'E t??~ re. ~ 0"& D ;t5 ' 4 /175 2' BLo~;r 19 60.6 BERKeLEY HEIC;/lTS .51/8/.J1f/1..f IOU SECOU/.J ,F/L IU~ ..r ~ /' <5.. '"'" .> -=-=0>, os?' OJ'" c:> '.. ... ~ /3..Ail 24Y24 CITY OF WHEAT /?IOCE SN r4, :5EcTIOU 1.3.1 T.3S., .R 69N. 81060666 ',mEATRIDGE SA:nTATION DISTRICT PERMANENT EASEMENT FOR DRAINAGE s- DESCRIPTION: A parcel of land that is in the Northerly portion of Block 19, Berkeley Heights Subdivision, Second Filing, in the SW 1/4 of Section 13, Township 3 North, Range 69 West of the 6 th principal Meridian, Jefferson County, Colorado, said portion being described in Book 679 at Page 500, records of Jefferson County, said parcel containing 0.39 acres, more or less and is more particularly described as follows: Beginning at a point on the south line of said portion of Block 19, which point is also the south east corner of a permanent easement described in Book 2005, at Page 135, records of Jefferson County, from \~hi ch the vmutheast corner of sai d SH 1/4 of Section 13 bears S. 550 18' 05" E. a distance of 1,577.40 feet; 1. Thence N. /50 28' 40" E. along said south line, a distance of 80.52 feet. 2. Thence n. 00 08' 05" E. a distance of 22.50 feet to the point of beginning of a circular curve to the right; 3. Thence along sais curve having a radius of 105.00 feet, through a central angle of 42 00 '00", a di stance of 76.97 feet; the chord of I-/hich curve bears N. 21008'05" E. a distance of 75.26 feet; 4. Thence N. 420 08' 05" E. a distance of 85.00 feet, more or less to the center line of Clear Creek; 5. Thence S. 890 39' 56" W. along the center line of Clear Creek, a distance of 161.85 feet, more or less, to a point on the east line of said existing permanent easement. 6. Thence SOo 08' 05" \~. along said east line, a distance of 175.00 feet, more or less, to the point of beginning. The above discribed parcel contains 0.39 acre, more or less.