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Home My WebLink About0061 1) 1.0 ,"'" 3t060685 1981 AlJG I 9 !J4 IQ: II 2 DL:!.E. County'ct J"Hu$on St&'U~ tlfia. DRAINAGE AND FLOOD CONTROL EASEMENT THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this ,;J. J.I day of :::J '" /y 19t31, by Richard R. Hansen, Inc. (hereinafter referred to as Grantor) to THE CITY OF WHEAT RIDGE, a 1_5 municipal corporation, (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 Wheat Ridge, County of Jefferson, State of Colorado, located at 3730 3746 Miller Court, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) v{HEREAS, it is the intent of The city to develop, construct, and maintain drainage and flood control improvements on the Property for the general health, safety and \velfare of Grantors and .~: tne other citizens of The City of Wheat Ridge; NOW, THEREFORE, I. Grantors do hereby grant and convey to The City a perpetual easement to the Property, as described above, for the :~ purpose of authorizing The City to construct and lllaintain 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 The 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 surveYlng 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 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 of this Easement. 3. As cons ideration for the conveyance herein specified, The City agrees to pay Grantors the sum of $118.09. ,8 I 01,,0;6,0:5 4. The Grantors recogn1ze and acknowledge that The City is currently engaged in a city-wide program to construct flood control improvements upon Lena Gulch which would inure 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 (UDFeD) to that end. Grantors therefore agree to cooperate with The City and UDFCD 1n 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 glven 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, damage which it causes and The City shall likewise repair any to Grantors' rema1n1ng property during construction or repair 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 1S inconsistent with, which would not or detrimental to, the purpose for which this Easement 1S granted. 8. The Easement grant eLl hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a covenant runn1ng 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. - 2 - :2 be B I o.a 0 6 B 5 IN WITNESS I-JHEREOF, 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. 3 THE CITY OF WHEAT RIDGE, a ~unicipal corporation By ____~ b ,.:. A <.. ,jt;--~,.." Frank Stites, Mayor ATTEST: ..-/, / / I "/' II..,..~ "'7 'I /1; :..,./ "I, ~ 1"' / I '- / /0:::. I I ....- AI J" ' j , Carol F. Hampf, City tCl'e.rk STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this , / J /1 /......_ I day of -~~-:n-;-;---' 1981, by Richard R. Hansen, Inc. - I; /:. "".\r:....,.. ,'I I;' ", :r.~ ~~.~sion expires: \' 'f~. {,. ~. r: "Ii tn.ess~' my hand and official seal. ,r. . 1"':'\ . ~~ .1'" ''..:.. - '. .." r,. ,~,., .... j", ,~;:,\,..,~ ------- Notary Public STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this "1J' e ~ dL .~ day of ~ :.{.~.L..j 1981, by Frank Stites as t1ayor and Carol F. Ha~pf I as City Clerk for the City of Wheat Ridge. Ny commission expires My Comli1l5.ion eX;;if~S February J'il~84 l ~htness my hand and official seal. Nota::*~ (, v o -"'''.J. .y . {.. APPROVED AS / ~.>' "- TO FORM: I , t;)--+---~ ---- . , J Hayes , City Atto'rney ., , -' John E. - 3 - .' 8\OB06B5 LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado t/ LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.108 PROJECT NO. 732-28.2 JANUARY 31, 1980 SHEET 1 OF 2 . LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.108 A portion of Lot 11, Horace Heights Subdivision, Jefferson County, Colorado, described as follows: Beginning at the Northeast corner of said Lot 11; thence South along said East line, 31.72 feet; thence So ut h 890 DO' West, 15.0 feet; thence South 55' 52' west, 37.46 feet; thence South 22' 45' West, 33.62 feet; thence South 43' 53' West, 36.07 feet; thence South 65' 21' West, 81. 41 feet; more or less, to a point on the Southwesterly boundary of said Lot II, which point also lies on the Northeasterly ri~ht-of-way curve of ~iller Court, Southeasterly an arc distance of 49.82 feet from the front corner common to said Lot 11 and Tract A; thence Northwesterly along said curve to the left, having a radius of 172.97 feet, an arc distance of 49.82 feet; thence, along the line common to said Lot 11 and Tract A, 5 feet, more or less, to the Northwest corner of said Lot 11; thence Southeasterly, Easterly, and Northeasterly along tne North boundary of said Lot 11, 226 feet, more or less to the Point of Beginning, containing 3,374 square feet, or 0.077 Acres. . Said acquisition is contained in the property described in Book 2666 Page .514 of the Jeffer son County Records. en,.. Of'NF1C~.mOOC CITY CLERK S OFFiCE POBOX 638 eo WHEAT RIDGE, COLORADO . 033 ~evised April 23, 1931 WR IGHT'" McLAUGHLIN ENGINEERS 2420 Alcott Street Denver COlorado 80211 Phone 13031 458 - 6201 '"".-. r- "" '" ..-..::." "._' _.", j 'c.._'_ Y~p,.:.-~r;:} ct, ""'I_J? ~")..""2+ LENA GULCH DRAINAGEWAY~ FLOOD CONTROL IMPROVEMENT PROJECT ~ City of Wheat Ridge, Colorado ACQUI51TION 2./05 JAtJU~R'1 31, \950 0.017 AC- RE-V ISer API2\L L...3,1981 l N \"= 50' rv, "-LER W. 3e\~ t:>-\I~t-...lUE POINT OF BE.GINNIN~ 1\ ICD I I I I I I I I I I .L I ~ 0. a C0 C. Q) or;' ct. o ...j o (j TRA.CT A \,2... ~ ~A 5' UTI LIT'( EASE.McNi'/ 10 , fr) I", ,. CO;" ~-: :-., (JJ . rI: (() OJ I .1 ILl X ;y:, JO.... -, L -' CO t""- 0' < . Co UJ ~ -r ~() "0; 0_ s wo I02AC.E ~ E IG \-\i5 5UBDI\J 151oI'J 13 CD 5 89000'W CD 5 55052.: W @ 5 22045' W @ S Co 5'" Z.I' W @ 54305~'W BY .~~r'.f\J~ WRIGHT- McLAUGHLIN ENGINEERS 2420 Alcott Streef Denver Colorado 80711 S'Icc. z. 0 F L- Phone (303) 458-6201