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Home My WebLink About0066 b t> ~\. ~ ~ :: ;3; ,~ ro -. ....' ro ...... r..n 81060680 19"1 '/,.. '9 c' ,.,., I ! II /(." ":. . }h1j ,j" ~" County of Jcf.o~'"r" ~. t \t:'~'..:ol..,.i."a e DRAINAGE AND FLOOD CONTROL EASEMENT /_ 1 !HIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this 12~ay or ~'" .,1 , 1981, by SEVENTEENTH STREET REALTY 1/ CORPORATION, a Co orado corporation, (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE, a municipal corpora- tion, (hereinafter referred to as the "The City"). , -wn' WHEREAS, Grantor is the owner of the following described real property (the "Property") situate, lying and being in the City of Wheat Ridge, County of Jefferson, State of Colorado, located at 4675 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 hea~th, 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 ror the purpose of allowing any drainage and flood water to come upon B I Dr6,V.1)8fO and flow over said Property; as well as any other uses not 2. enumerated herein which are consistent with the purposes of (See Exhibit B attached hereto, made a part hereof and this Easement. incorporated herein by reference.) 3. As consideration for the conveyance herein speci- fied, The City agrees to pay Grantor the sum of 5360.00. 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 ("IJDFCD") to that end. G t th f t crt ,ran or ere ore agrees 0 oope a e with The City and UDFCD in any reasonable manner or means which are consistent hith 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 -2- 8 I :0:6 Dip 8:.'0 be detrimental to, the purpose for which this Easement is 3 granted. 8. Notwithstanding a~ything herein contained to the contrary, The City agrees that Grantor shall have access to Harlan Street over and across this Easement, except during the period of construction and reconstruction of any improvements made pursuant to this Easement. 9. 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 HITNESS HHEREOF, the parties hereto have set their hands and seals to the foregoing and attached Drainage and Flocd Control Easement the day and year first above written. Attest: THE CITY OF WHEATRIDGE, a municipal corporation By ~- ~-L d /1- I:J. L,- L:.~~ Fran Stites, Mayor oil " - ., SEVENTEENTH STREET REALTY CORPORATION, a Colorado corporation ~ /L ) By / 1 i~_- --' ) _. c~.." ,__. , . " '" , , - )' , : ~ ! ,1.', t ~ STATE OF COLORADO ) COUNTY OF JEFFERSON ) ss. The foregoing instrument was acknowledged before me this ~~~~ day of O\~hA ,1981, by Frank Stites, a Mayor, and Carol F. Hampf as City Clerk, on behalf of the City of \ffieat Rid~e, a municipal corporation. Witness my hand and official seal. My commission expires: ill,' lot,,;llliL,..~....<: c, j.i: ~" i ~~~i ua;,' 11984 APPROVED AS TO FORM: ~,k~~ y Public ~\ " -3- y 81060680 STATE OF COLORADO ) ) 55. COUNTY OF JEFFERSON The foregoing instrument was acknowledged before me this 7th day of August , 1981, by Tracy Wilkes as Agent ----. on beha1 f of Seventeenth Street ReaIty Corporation, a Colorado corporation. Witness my hand and official seal. ~ly commission expires: July 21, 1985 I "---------- I '1 //,.:'.-. ~ ~ Notary Public f ,/ ,. ~ , .. ,.' ~- '\. ,"'" -,? . .~ "'..) /' '. "" .- ;. tJ'" t::; \ ~J' -4- Cc 1- 81060680 EXHIBIT "A" Ci o /7TII ST/?.EET ARTI7I/IP c. ReAL TY cO!?/? I dOIlL/:fOi/ rot/,UOA T/OU ~ '/ / / // / / / // / ->;// // / // / / 'l//:<-/ / / / //// / / // L~ ///// //// / / / / U / / /// / / /// // // / / // Y-;r .see'. L/L/E E[<:::l #ARLAV ST ~ --- I I I I ~ ---I 8K /5..3 7 Pc:. /cJ3 Q co @ ~ Z. .-8'";1 fl ~ 25' r S~/1L E: I" =50' C/TY or h/I7EAT I/W f/4, .see T/OL/ 24/ /?/fJC;c T .:3 .5.1 R 6 <9 A/. 17 th STREET REALTY CORPORATION and ARTHUR E. JOHNSON FOUNDATION PERr1,L\.NENT EAS Er1ENT FOR ORA I NAGE DESCRIPTION: A Darcel of land in the NW 1/4 of Section 24, Township 3 South, Range 69 \Jest of the 6th Princiral r~eridian, Jeffersoll COUllty, Colorado, containing 2,000 square feet, more or less, and is more particularly described as follows: The north 25 feet of the east 80 feet of the tract of land descri bed as "Parcel 3" in Sook 1537 at Page 183, of the records of Jeffe rson County. The above described parcel contains 2,000 square feet, more or less. 81060680 EXHIBIT "B" It is understood and agreed that actual, documented charges for construction of Catch Basin and related construction shall be borne by grantor and shall be paid to City upon completion of project and receipt of billing. It is agreed that in no event shall grantor pay more than Eight Thousand Eight Hundred Fifty-Eight and 15/100 ($8,858.15) Dollars. . ~ t zr=,- ' 1 L ,\ , ,-. 1 - ~-~, I~ ~Wl1 t:, W"'-- r-- 0-<' "~ " i . ......... Ii To A ':"'l.[)',....,- i_I," 11';;'_ "...11' """l... 81060680 198 Count - 1 Listed below is my estimate of the cost for removal and the replacement construction for the drop inlet and pipe at Station 29+17 which drains private property: Structure Removal 1 ea. Removal of pipe 32 l.f. Plug pipe 4 ea. Structural excavate 54.80 CY Class 1 Backfill 4.46 CY Class 2 Backfill 47.25 CY Inlet Type 13 (triple) 1 ea. 2~' Reinforced pipe 75 l.f. Removal of asphalt mat. 14 SY Hot oituminus Pavement 8.3 Ton TOTAL ESTIMATE GA:JD:vab 250.00 5.00 200.00 1.50 10.00 3.00 2600.00 60.00 1.00 32.00 250.00 160.00 800.00 82.20 44.60 141. 75 2600.00 4500.00 14.00 265.60 $8858.15 ft,. -j ?-' .,~- ; cr.' )) I; J~ EXHIBIT "B" Page 2 J; I !\