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DRAINAGE AND FLOOD CONTROL EASEMENT
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THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this
.Mdday of \~At.l u ,1981, by SEVENTEENTH STREET REALTY
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CORPORATION, a Colorado corporation, (hereinafter referred to
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
Wheat Ridge, County of Jefferson, State of Colorado,
at 4645 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
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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 $72.00.
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 improvement 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 endangering 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
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be detrimental to, the purpose for which this Easement is
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
Flood Control Easement the day and year first above written.
THE CITY OF WHEAT RIDGE, a
municipal corporation
By
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Frank Stites, Mayor
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SEVENTEENTH STREET REALTY
CORPORATION, a Colorado
corporation
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STATE OF COLORADO )
COUNTY OF JEFFERSON )
ss.
The foregoing instrument was acknowledged before me this
...1..1l\l(l day of ~~"" _,1981, by Frank Stites, a Mayor, and
Carol F. Hampf, as ~ity Clerk, on behalf of the City of
Wheat Ridge, a municipal corporation.
Witness my hand and official seal.
My commission expires :"'$ "U"l;r,...
;: '.'2 , if,1984
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APProVED AS TO FDRM:
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STATE OF COLORADO )
. ss.
COUNTY OF JEFFERSON )
81060681
The foregoing instrument 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
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Notary Public
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EXHIBIT "A" B I 06068 I
o 17TII 2T REALTY COR.PORATIO~
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CITY Or vVI/E4/ RIDGE
.IIW)/, 6ECT/Od 2'~ T 3.5., /? 69 W
17 th STREET REALTY CORPORATION and ARTHUR E. JOHNSON FOUNDATION
PERr1ANENT EA~Er1ENT FOR DRAINAGE
DESCRI PTION:
A parcel of land in the NW 1/4 of Section 24, Townshio 3 South, Range
69 West of the 6th Principal Meridian, Jefferson County, Colorado,
containing 400 square feet, more or less, and is more particularly
d2scribed as fo11O\./s:
The south cO feet of the east 20 f'22t of the tract of land
desui he'd as "Parcel 3" in Book 1537, at Page 183, of the records
of Jefferson County.
The abovD dpscri bed paree 1 contai ns 400 squar'E' feet, 1I10re or
less,