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Home My WebLink About0067 il ..1. ' "~i__... OJ. 2~ S.~.J E .. () ,-.."- ~.~? -, , , i1 r, o o G r l~ 11 o U \..1 \J . . II 'I".. @ I . ~ I ~,b Ccurt'/..~ I " : . ~: -:::; ~ !2R~I-,'i!\~~ Alil~.3'L(2QD C~N'l'l~.oL E~~EI"ll~\J'l' referred as Grantor) /7dl- __5 Jack & Elsie Craig (hereinafter i 0 i-( c) c cu -~ s- u_ CITY .oF IJHEAT RIDGE, a municipal THIS DRAINAGE AND FLOOlJ CONTROL day of -r.~.~.t~L- Bdl, by , EASEMENT granted this to to THE corporation, (hereinafter referred to as "'rhe City"); wHEREAS, Grantors are the owners of the following described real property situate, lying and Deing in The City of Wheat Ridge, County of Jefferson, State of Colorado, located at I0400 West 38th Avenue, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) viHEREAS, it is the intent of The City to develop, construct, and maintain drainage control improvements on the and flood Property for the general health, safety and welfare of Grantors and the other citizens of The City of Wheat Ridge; NOW, THJ::REFORE, 1. Grantors do hereby grant and convey to The City a perpetual easement to the property, as described above, for the purpose of authorizin':l 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 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 and inspection; to construct such surveYlng improvements, including channelization, embankments, maintenance roads, and other flood cont.rol 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 consideration for the conveyance herein specified, The City agrees to pay Grantors the sum of $6,715.66. 8 086859 4. '['lie Grantors recognlze and ack110vlledge that 1'he City is currently engaged in a city-wide program to construct flood control 2 iE'proveftlents upon Lena Gulch which would inure to the benefit of Grantors anu all other citizens of The City of Wheat Ridge, and that The city is cooperating in this venture with the Urban Dt-ainage Llnu Floou Control District (UDFCD) to that encl. Grantors therefore agree to cooperate with The City and UDFCD in any reasonable manner or means whictl is consistent with the purposes of this Easement, even though any particular use or improvement thereoy contel;Jplated may not be specifically set forth herein. '). 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 'rhe City, which consent shall not be unreasonably withheld if the same may be g~ven without endangering the public health or welfare or otherwise iHlparinlj the purpose of this Drainage and Flood Control Easement. 6. The City agrees that, during the terll1 of this Easement, it shall repalr and l:Jaintain the improvements constructed upon the Property hereby conveyed, and The City shall likewise repair any daJ[\age which it causes to Grantors' rell1aining property during construction or repalr 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 is not inconsistent with, or which would be detriDental 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 runnlng with the lanu 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 - 81086D59 IN WITNESS \"illEREllF, tile parties hereto have set their hands and seals to the foregoing and attached Drainage & Flood Control -3 Easement the day and year first above written. GRANTORS: -1!: ~ (I - '. '~LcdL~~__.___ t u' ~,~ U- r:/V~ ~ THE CITY OF WHEAT RIDGE, a municipal corporation By 'd~(' d." ~ ~l;t:z__ Frank Stites, Mayor A~,c '-/ . , ~ -1 ~ :~~/U%-7~;-:-,..{~j4tlY) , ", Carol F. llarnpf, City Cl,erk I " ; iT STATE OF COLORADO COUNTY OF JEFFERSON L-- r;,l The foregoing was acknowledged before me this c7lv - day of ~J?~it;zJ I , 1981, by Jack & Elsie Craig. My Commission explres: ~/,\', J"7J,:,,;'i,"'IIJII\'''j.Jt~~1~)';,r!f,KtJd!'!!i .~ 'M";. "', Witness my hand and official seal. f~ (: 0n. ,.;iJt';/(Jtt!: 4.~"~ _...,11& , '-tr ">, , ~ ," "r- ,), '; '<;t,.( I:\, ~.. ',1 .. ~ ~.. ~" .,' . ~/........ Notary Public STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this ,\ ~ , Lj' I. 'r <:-=~ '_r)...-UV1.A. t,AJ...-.... !~ e p-_ f.." as,1 City Clerk for the City of Wheat Ridge. 1~81, by Frank Stites as Mayor and ,t~ / 7- day of ,c- 'r e &-r-e t ht- CaL 01 ~. t1ampr ,. "1 "O"lr.'ie'ion 'vni'o, ~oh'U"'Y Ing8~ My con1HllSS10n explresloYl. I',bv"" t"..:"'c.., -. .J ... Witness my hand and official seal. / ...... :7 FORf-'I:, ~~ City ~ney -, " - ."...... ~\ (7 f"- .~& \,., - ~~ ~:_ ~t ' ,~. ,- ..' "I. yJ J \.~ ,.~.... ~. ," " APPROVE\?) AS TO /( John E. Hayes, - 3 - LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.107 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 / / !---~- LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.107 A parcel of land located in the Northwest 1/4 of the Northeast 1/4 of Section 28, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: 0:> C> Beginning at a point on the South right-of-way line of West 38th Avenue which lies 30 feet Southerly from the Northeast corner of said Northwest 1/4, Northeast 1/4; thence Westerly along said South right-of-way line 25.0 feet; thence on a deflection left of 190 51' 18.8", 38.28 fept; thence on a deflection left of 250 08' 41.2", 35.36 feet; thence on a deflection left of 210 02' 15.0" , 29.55 feet; thence on a deflection right of 110 52' 30.6", 22.20 feet; thence on a defl ec t ion right of 420 23' 38.6", 24.52 feet; thence on a deflection right of 110 46' 05.8" 76.0 feet to a point on the North bank of Lena Gulch also known as Dry Creek; CO CD G:J c...n (.D thence following said North bank Easterly as described in Book 1287 Page 163, 226 feet,more or less, to a point on the East line of said Northwest 1/4, Northeast 1/4; thence Northerly, along said East line, 16 feet, more or less, to the Point of Beginning, containing 7,878 square feet or 0.180 Acres, more or less. -- Said acquisition is contained in the property described in Book 1287 Page 163 of the Jefferson County Records. WRIGHT- McLAUGHLIN ENGINEERS 2420 Alcolt 51 reet Den....er Colorado 80211 Phone (303) 458-6201 ( LENA GULCH ORAl NAG EWAY.;' FLOOD CONTROL IMPROVEMENT PROJECT _City of Wheat Ridge, Colorado ACQUI5IT\ON 2..101 .JA~UA.~" II, '~eo 0, 180 AC. ~ W. 38T\4 AVENUE TRUE POINT OF B€G1NN\N~ e~ '1 4-3 N 1",50' 1"2- I I I I ~ {'l} <.3 I c; fJ) I t'" . ,) I I ; " , ~l I 1 ') I \ \ I - , I I . - :..~ I ~t.. .. \gACT A. T Ivt I t..L CI2 C'o C. WORACC: \...H~~IG WT ~..A .sUBDIV IS ION 10 13 NW'/4- NE '/4- SEC.TION 2B)T35, R&-9W .-JE FFER. 50"-1 COUNTY BY ~oL.., 1 ~ fY)~ WRIGHT- McLAUGHll N ENGINEERS 2420 Alcott Street Denver Colorado 80211 SAEET z- of 2- Phone t3031 458-620\