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HomeMy WebLinkAbout0062 l)b ')-' , 1 1981 AUF i:3 Ail 10: i. I County of Jdferson St~ of Co. DRAINAGE A.1'ID FLCXJO OJNTIDL EASEMENT 2-I? uH I .......-c........., I ' I WIlEn ~. R.IJJr,.E.., E'" .. ...,~. j IIlli.'il' . ::J.-,I b-7 of 81060684 f!TY I' THIS DRAINAGE AND FLCXJD mNTROL EASEMFm granted this fO ~ L ..it, -,c -.. day ?'. ~OlA.l-r/, by Marvin H. Radetsky (hereinafter referred to as Grantor) to THE , n\. / ~ \' '0: I' I/. ~:bF ~~TRIfuE, a municipal corporation, (hereinafter referred to as "The ", City") ; h'llEREAS, Grantors are the =ers of t.he following described real property situate, lying and being in The City of \~eat Ridge, County of Jefferson, State of Colorado, located at approximately 4685 Harlan Street, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) \'iHEREAS, it is the intent of The City to develop, =nstruct, and maintain drainage and flood control improve~ents on the Property for the general health, safety and welfare of Grantors and the other citizens of The city of \Ioheat Ridge; I\Dh' , 'THEREFORE , I. Grantors do hereby grant and =nvey to The City a perpetual easement to the Property, as described above, for the purpose of authorizing The City to =nstruct and maintain hereon any flood =ntrol channels, structures, or other improvements deemed necessary by The City to fully and successfully implement the Harlan Street Drainage Flocxl Control project =ntemplated by 'I'he City. 2. The easement granted hereby includes, without limitation, a grant of authority to The City; to cClTle UP:Jh the Property for the purpose of surveying and inspection; to construct such improvements, including channelization, Embanknents, maintenance roads, and other flood =ntrol improvements deemed necessary; to come upon the Property for purposes of inspectin<) and maintaining such improvements; and for the purpose of allowing any drainage and flood water to come upon and flON' over said Property; as well as any ot.l-Jer uses not enun~rated herein which are =nsistent with the purposes of this EaS6nent. 3. As consideration for the conveyance herein specified, The City agres to Pay Grantors the sum of $25.38. 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 which w::Juld inure to the benefi.t 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 (UDFCD) to that end. Grantors therefore agree to cocperate with The City and UOFCD in any reasonable manner or l~ans which is =nsistent with the purposes of this Easement, even U10Uqh any .... co to Q "' = co rarticular use or improvement thereby contemplated my not be specifically set forth herein. 5. Grantors agree that they shall construct rD improvements or buildings :0 of any kind whatsoever, including fencing, on the Property conveyed hereby without the prior written consent of The City, \lJhich consent shall rDt Ce unreasonably withheld if the same may be given without endangering the public health or w=lfare or otherwise imparing the p.lI1X)se of this Drainage and Flcxxl Control Easement. 6. The city agrees that, ouring the tenn of this Easement, it shall repair and maintain the improvements constructed upon the Property hereby conveyed, and The City Shall likewise repair any dama~e which it causes to Grantors' remaining property during construction or repair of any improvements made pursuant to this Easement. 7. During the tem of this Easement, the Grantors shall have access to any may utilize the Property conveyed hereby for any purpose which 1S not inconsistent with, or v..nich \\QuId be detrimental to, the purpose 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 become a covenant running with the land upon its recordation; provided how=ver, that this Easeraent may Ce terminated only by a writing signed by both parties, or their successors, which writing shall be duly recorded and shall rDt be effective until so recorded. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to the foregoing and attached Drainage & Flcxxl Control Easernent the day and year first above written. GRANTORS : --.') 'IRE CITY OF WHEAT RICGE, '_;'}/:CVL~ ~ '- ,'/ j ~,,~L< t-~ a municipal corporatien By I.. J f. (<'. / Frank Stites, Mayor .APPPOVED I'E. TO FORM: ATTEST: John /{~'i " ;e. Haves, Ci tv Attornev , . . I .... , . ~ ~xo C""-- ./ rA . I ~ L__ _.__ Cd~;d/ ~ I 1")J ,/-;,{;,./l/ Carol F. !-lampf, City erk" 'I'- - 2 - 8106068~ ICo, @) /'tARt/IV /I. RAIJET:5'KY 3 00S!iII z ScALe: /" : 50' IfARLAU S T: % ..5EC LIVE ~ ~/. // / / LLL/// // /. / / / ~LLL/ LLL/ / / / ~::LL/// /. //(;// // // ///~/.////- //// ///& ... ~ n-= -- ~ 0JT' 1___ ... ~ tr') 10 '-j'"r ... 'lJ ~ ~ t35' 95/ Q::l I LOT~ RO-c'#AU .51.113011/1.5 101./ ~/TY or WIIEAT L/ W ~~/ .:5' E c' T 101/ .2 4, /?IOt;E T..3 S..) R 69 fo/. r1ARV I~ H. R!\DETSKY PERr~ANENT EASE!1ENT FOR DRAINl\GE DESCRIPTION: A parcel of land in the NW 1/4 of Section 24, Township 3 South, Range 69 l.Jest of the 6th Principal i1eridian, containin(j 725 square feet, more or less, and is more particularly described as follows: The east 5 feet of the south 85 feet, and the south 10 feet of the east 35 feet of Lot 4 of Ro-Chan Subctivision in Jefferson County, Colorado. The above described parcel contains 725 square feet, more or less. Sheet 2 of 2 TEMPORARY EASEMENT FOR CONSTRUCTION DESCRIPTION: 81060684 A parcel of land in the NW 1/4 of Section 24, Township 3 South, Range 69 West of the 6th Principal Meridian, containing 3,550 square feet, more or less, and is more particularly described as follows: The east 45 feet of the south 95 feet of Lot 4 of Ro-Chan Subdivision in Jefferson County, Colorado. The above described parcel contains 4,275 square feet, more or less, of which 725 square feet is permanent easement. t