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630756'92
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DRAINAGE AND FLOOD CONTROL EASEMENT
THIS~ DRAINAGE AND FLOOD CONTROL EASEMENT granted this :) __3
day of 1^-\\( ~ 1983, by LaVELLE BLATTER (hereinafter referred
to as G~ ntors) to the CITY OF wHEAT RIDGE, a municipal
corporation, (hereinafter referred to as the "City");
WHEREAS, Grantors
real property situate,
County of Jefferson,
Street, to-wit:
are the owners of
lying and being in
State of Colorado,
the following described
The City of Wheat Ridge,
located at 3610 Parfet
(see attached Exhibit A, attached hereto and made a part
hereof)
WHEREAS, it is the intent of The City to develop, construct,
and maintain drainage and flood control improvements on the
Property for the general heal th, safety and welfare of Grantors and
the other citizens of the City of Wheat Ridge;
NOW, THEREFORE,
1. Grantors do 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 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 surveying and inspection; to construct such
improvements, including channelization, embankments, 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 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 SEVEN THOUSAND FIVE HUNDRED
and no/l00 ($7,500.00) DOLLARS.
4. The Grantors recognize and acknowledge that the City is
currently engaged in a city-wide program to construct flood control
improvements upon Lena Gulch which would inure to the benefit 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 cooperate with the City and UDFCD in any
reasonable manner or means which is consistent with the purposes of
this easement, even though any particular use or improvement
thereby contemplated may not be specifically set forth herein.
5. 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 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 easement, it
shall repair and maintain the improvements constructed upon the
property hereby conveyed, and The City shall likewise repair any
damage which it causes to Grantors' remaining property during
construction or repair of any improvements made pursuant to this
easement.
83075692
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 ~
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 part ies hereto have
and seals to the foregoing and attached Drainage
Easement the day and year first above written.
set their hands
& Flood Control
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THE CITY OF WHEAT RIDGE,
a municipal corporation
GRANTORS:
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By ~', d" Ld.l.L,
Frank Stites, Mayor
ATTEST:
STATE OF COLORADO )
) ss.
COUNTY OF JEFFERSON )
(\ The
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foregoing was acknowledged before
, 1983, by LaVelle Blatter.
me
this
;<3
day
of
My Commission expires: ~ly Comm',s' E'
, , slOn XP/res May 7, 1985
Witness my hand and official seal.
r:,
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~/ifJ}ff,{ lJJ J
Notary Public
cOJ&etll'~
,.;,.::.<,.:c-:'"
APPROVED AS TO FORM:
..
.,
,
John E. Hayes: City' Attorney
,.
2
_ENA GULC~r-1
B,3 Q7 ~,q~2\-
D~gA~NAGEWAY
FLOOD
CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado 3
El?v-e'o-<.-v1
LENA GULCH DRAINAGEWAY
~I~-n IO~J NO.4. 110
PROJECT 732-28.2
JANUARY 25, 1980
SHEET 1 OF 2
), ~t:J Iof( I\IG-~
II-A -
LEGAL DESCP.IPTION OF LEt,A GULCH ACQUISITION NO. 4.110 ,
That part of lot 1, Bickley Subdivision, Jefferson County, Colorado
described as follows:
Beginning at the Northeast corner of said Lot 1;
thence South 00 09.2' West, along the East line of said lot 1, 31 feet;
thence North 830 50.8' West, 111 feet;
thence South 69009.2' West, 31 feet, to a point on the liest line of saId
Lot 1;
thence North 00 09.2' East, along said West line, 34 feet to the Northwest
corner of said Lot 1;
thence North 700 11.8' East, along the Northerly line of said lot 1, 71.92 feet;
o
thence South 67 52.2 East, along said Northerly line, 77.80 feet, to the
Point of Beginning.
Containing 5,481 square feet ~r 0.125 Acres, more or less.
Said Acquisition is contained in the property described in Book 3079 Page
575 of the Jefferson County Records.
WRIGH1-McLAUGHLJN ENGINEERS
2.420 Alcolt Slreet
Phon. IJ031 458-6201
Oen\i.r. Color<ido 80211
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I LENA GULCH DRAINA~WAY
I FLOOO CONTROL. IMPROVEMENT PROJECT i
City of Wheat Ridge, Colorado
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