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HomeMy WebLinkAbout0102 t fl' 630756'92 <tS8.3 Ali lO fM2;SI JEffERSl>>l ,Qtlijln ,COlO' ann ;:~ 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 I )c/ ({{Iv THE CITY OF WHEAT RIDGE, a municipal corporation GRANTORS: &7ZZ /. ' - /' / -"~~ L ~ //; By ~', d" Ld.l.L, Frank Stites, Mayor ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) (\ The '\.L.Vl'\R _ V 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:, ,.' ".~ " ' ~ /. ~ -. ~/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 -" l.._' co U) o ...., c..n en c..o f',) ~ . 83075692 I LENA GULCH DRAINA~WAY I FLOOO CONTROL. IMPROVEMENT PROJECT i City of Wheat Ridge, Colorado I AC.QU\5\T\ON 4,\\0 JA~UA~'i 2-5,IgeO I .JEFFES25oN <:),12.5 AG. ki G.A.R DEN5 OJ CONDOM'N'u~ I ~ ~ I I '7 I I I a I /~'1' o ~ If) F'OIN\ /OF Be:GI~NIN4 o to \0 N aj <:) . o :< ~ t':! en Q . o If) \'5 B\C "- '- E '( SUBD\ \J I~\ON I I I I I I I e t; b- el 4l n. '2. \4 '" Z III ~ -------------- ----- ~y ~~~ L~.~ "' . .. .... . ....._ ...__.. .....__a "-__ r_.........'" .n.", -s.'-'eET ~ OF .... D........... ,,"'.u .... _A7ft'