Loading...
HomeMy WebLinkAbout0064 b o 1" ,} 810S0682 1981 f,U'; 19 AU Ju: ~ C County oi Jeff~sc:'l ~ti!te . DRAINAGE AND FLOOD CONTROL EASEMENT 1__ 1 THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this ')'] ,f 1\ ,~ day of ,L\..t- , lqSl, by SEVENTEENTH STREET REALTY corporation, (hereinafter referred to CORPORATION, a as "Grantor") to THE CITY OF WHEAT RIDGE, a municipal corpora- tion, (hereinafter referred to as the "The City"). WHEREAS, Grantor is the owner of the following described real property (the "Property") situate, lying and being in the City of \fueat Ridge, County of Jefferson, State of Colorado, located at 4630 Harlan Street, to wit: (See Exhibit A attached hereto, made a part hereof and incorporated herein by reference.) WHEREAS, it is the intent of The City to develop, con- struct and maintain drainage and flood control improvements on the Property for the general health, safety and welfare of Grantor and the other citizens of the City of Wheat Ridge; NOW, THEREFORE, 1. Grantor does 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 maintain hereon any flood control channels, structures, or other improvements deemed necessary by The City to fully and successfully implement the Harlan Street Drainage Flood Control Project contemplated by The City. 2. The easement granted hereby includes, without limi- tation, a grant of authority to The City; to come upon the Property for the purpose of surveying and inspection; to construct such improvements, including channelization, embank- ments, 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 8106:0682 and flow over said Property; as well as any other uses not enumerated herein which are consistent with the purposes of this Easement. 3. As consideration for the conveyance herein speci- fied, The City agrees to pay Grantor the sum of $13.50. 4. The Grantor recognizes and acknowledges that The City is currently engaged in a city-wide program to construct flood control improvements on Harlan Street which would inure to the benefit of Grantor 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. Grantor therefore agrees to cooperate with The City and UDFCD in any reasonable manner or means which are consistent with the purposes of this Easement, even though any particular use or imp~ovement thereby contemplated may not be specifically set forth herein. 5. Grantor agrees that they shall construct no improve- ments 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 given without ~ndangering the public health or welfare or otherwise impairing the purpose of this Drainage and Flood Control Easement. 6. The City agrees that during the term of this Ease- ment, it shall repair and maintain the improvements construct- ed upon the Property hereby conveyed, and The City shall likewise repair any damage which it causes to Grantor's remaining property during construction or repair of any improvements made pursuant to this Easement. 7. During the term of this Easement, the Grantor shall have access to and may utilize the Property conveyed hereby for any purpose which is not inconsistent with, or which would -2- i ~ "81060682 19 Counl be detrimental to, the purpose for which this Easement is 3 granted. 8. The Easement granted hereby is perpetual, and shall be binding 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 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 and Fiood Control Easement the day and year first above written. Attest: THE CITY OF WHEAT RIDGE, a municipal corporation v A,J '/ z;::fZc c0-.. ::-'7/ ar-/ / Carol F. Hampf, Ci~ Clerk ~ ~ " By -4'('211 iAEtz.-~ ,Fran St~tes, Mayor SEVENTEENTH STREET REALTY CORPORATION, a Colorado corporation By ~ l L '- _J ( / r! I.- ~ b L./ STATE OF COLORADO ) COUNTY OF JEFFERSON ) ss. The foregoing instrument was acknowledged before me this ~,>,~day of ~~~'U ,1981, by Frank Stites, a Mayor, and Carol F. Hampf, s ~ity Clerk, on behalf of the City of Wheat Ridge, a municipal corporation. Witness my hand and official seal. My comm is s ion ex pi r es: M~ Commission expires F0bruarv; '7.1Qa" c- . \ <\ ' 0\... 1" . ~". \. ~, ~ APPROVED AS 'ID FDRM: ~.~- y -3- STATE OF COLORADO ) COUNTY OF JEFFERSON ) SS. 81060682 ;/ The foregoing instru~ent was acknowledged before me this 7th day of August , 1981, by Tracy Wilkes as Agent on behalf of Seventeenth Street Realty Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: July 21, 1985 - .. /, . , ~. I ,. ! ._,/(:.. " Notary Public " " -4- 81060682 .- .. o 17TII .5TI?EET ARTIft/1? E dOIl,U50J/ REAL TY t'ORP ( FOt/L/,(J/lTIOU 5 ~ .. z .:f~ALE. /" = /0' BK /537 .P4. /t3 / TOh/U Or LAKES/LJc UE'~?-. SECT/O'u 2~ T3S.) R.69W 17 th STRU:.T PEALTY CORPORATION and ARTHUR E. JOHNSON FOU~WATlml PERt\ANENT EASEtlENT FOR ORA I NAGE DESCRIPTION: A parcel of land in the NE 1/4 of Section 24. Township 3 South, Ran~e 69 West of the 6th Principal r1eridian, Jefferson County, Colorado containing 75 square feet, more or less, and is more particularly described as follows: Beginning at a point on the east right-of-way line of North Harlan Street, which point is 1,487.69 feet north of the south- west corner of the tra:t of land ~escrib?~ as "Parce~ 1" in gook 1537 at Page 181. records of Jefferson County, from \"hence the center of Section 24 bears S.2o 10' 57" W. a distance of 1,528.87 feet; ;fr'l~ .~ f~ " r-=. :;~~'F:~~l~,"7:1 ::: ; C.. . -I .""..... .; 1_._: , ., F '; 1-.1 - /'> -' .",".; ~..' :' ,"" ~O \ "f\.T :--~} .jr~~:: (":( '\! ~J"'~ ~'.".l JI !',il-~~:;-' t-ll !-. '-,'-"1 -- - t~203~ Sheet 2 of 2 1. Thence N. 00 04' W. along the east r'ight-of-way line of North Harlan Street, adistance of 15.00 feet; 2. Thence N. 390 56' E. a distance of 5.00 feet; 3. Thence S. 00 04' E. a distance of 15.00 feet; \, 4. Thence S. 890 56' W. a distance of 5.00 feet, more or less, to the point of beginning. I .1 1 ! i i I ! The above described parcel contains 75 square feet, more or less. TEMPORARY EASEMENT FOR CONSTRUCTION DESCRIPTION: A parcel of land in the NE 1/4 of Section 24, Township 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, containing 175 square feet, more or less, and is more particularly described as follows: Beginning at a point on the east right-of-way line of North Har'lan Street, vlhich point is 1,487.69 feet north of the south- west corner of the tract of land described as "Parcell" in Book 1537 at Page 181, records of Jefferson County, from whence the center of Section 24 bears S. 20 10' 57" W. a distance of 1,528.87 feet; l. Thence N. 00 04' W. along the east right-of-way line of >0 North Harlan Street, a distance of 20.00 feet; "I 2. Thence N. 890 56' E. a distance of 10.00 feet; 3. Thence S. 00 04' !:' a distance of 25.00 feet; L-. "i , 4. Thence S. 890 56' W. a distance of 10.00 feet, more or less, to toe east right-of-way line of North Harlan Street; 5. Thence N. 00 04' W. along the east right-of-way line of North Harlan Street, a distance of 5.00 feet, more or less to the point of beginning. 1 'i J 1 'j ~\ t' ~ , j \ i i i rry The above described parcel contains 250 square feet, more or less, of which 75 square feet is permanent easement. u~l.lI J. ~ BI060682 17TH 5TREET AR/HL/R REAL TY E. JOHNSON CORP t I FOUNDATION , 1 (N89CJ50 IE ~~~SB9L>5b'W SQ"'04E //\'" .l--;z. ~\-_"___1_tl'" SCALE'I""/O' Q ,rJ"~SO'04'LJ(~ ;;%:~3~vCORNER I , In! I I ;..---/'1 ~ LAkES/DE* I --~ -.Li---", I - - _.-1_ I -- !Yt;2^.94IW f S- ~ "I I ,1_________ IS' I) I /2//.60 I I I '\:) I f:: --i. " . '-()I I 25'----/Voo04IW \:Ji "L -- - - -i '{) I I I .,,, JLLLj/~;;ARlA/N "/~////, . ~~'0:///(//-LLJLLLL13LLL/~ ST '4 SEe LINE CENTER( TOWN OF LAKES IDE SEe nON 24 NE 1/4, SECTION 24, 13S, R69W 7:350) R/:,9U 17 th STREET REALTY CORPORATION and ARTHUR E. JOHNSON FOUNDATION PERMANENT EASEMENT FOR DRAINAGE LEGAL DESCRIPTION A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO CONTAINING 75 SQUARE FEET, MORE OR LESS, AND MOHE PARTICULARLY DES- CRIBED AS FOLLOWS: COMHENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-HAY LINE OF HARLAN STREET AND THE NORTHERLY RIGHT-OF-\-IAY LINE OF WEST 44TH AVENUE, SAID POINT BEING 40.00 FEET NORTHERLY AND 60.00 FEET EASTERLY OF THE CENTER OF SECTION 24, 13S, R69W, SAID POINT ALSO BEING THE SOUTHHEST CORNER OF A TRACT KNOHN AS LAKESIDE SHOPPING CENTER; THENCE NOOo04'00"H ALONG THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 1,211.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE NOOo04' OO"W AND CONTINUING ALONG SAID EASTERl,Y RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 15.00 FEET; THENCE N89056'00"E A DISTANCE OF 5.00 FEET; THENCE SOOo04'00"E AND PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 15.00 FEET; THENCE S89056'OO"W A DISTANCE OF 5.00 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET AJ\D THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION - CONS'l"HlJCTION EASEME;\;T A PARCEL OF LAND IN THE NORTHEAST QUART2R OF SECTION 24, TOWNSHIP 3 SOUTH RA.'lGE 69 HEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO CON- TAINING 250 SQUARE FEET, HORE OR LESS, 75 SQUARE FEET TO WIlICll REPRE- SENT THE PERMANENT EASEMENT, AND MORE PARTICULARLY Dl':SCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET AND THE NORTHERLY RIGHT-OF-WAY L[NE OF WEST 44TH AVENUE, SAID POINT BEING 40.00 FEET NORTHERLY AND hO.DO FEET EASTERLY OF THE CENTER OF SECTION 24. T3S, R69W, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A TRACT KNOWN AS LAKESIDE SHOPPING CENTER; THENCE NOOo04'00"W ALONG THE EASTERLY RIGHT-OF-HAY LINE OF HARLAN STREET A DISTANCE OF 1,206.60 FEET TO THE TRUE POINT OF BEGINNING; THENCE NOOo04'OO"W AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DIST~'lCE OF 25.00 FEET; THENCE N89056'OO"E A DIST~'lCE OF 10.00 FEET: THENCE SOOo04'00"E AND PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 25.00 HET; THENCE S89056'00'~ A DISTANCE OF 10.00 FEET 1~ A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET AND THE T1WE POINT OF BEGINNING.