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1963 JlIL 22 PM /2' 31
JEHt~SUjl tcUfHf. COUIUfl(l
DRAINAGE AND FLOOD CONTROL EASEMENT
83068370
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AND FLOOD CONTROL EASEMENT granted this
1983, byH. BLAINE GREENE, (hereinafter referred
o s) to the CITY OF WHEAT RIDGE, a municipal
(hereinafter referred to as the "City");
day
to as Gra
corporation,
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WHEREAS, Grantors
real property si tua te,
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 3710 Owens
(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 health, 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 THREE THOUSAND ONE HUNDRED
and no/l00 ($3,100.00) 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 benefi t 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.
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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.
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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 \~HEREOF, the parties hereto ha ve
and seals to the foregoing and attached Drainage
Easement the day and year first above written.
set their hands
& Flood Control
GRANTORS:
THE CITY OF WHEAT RIDGE,
a municipal corporation
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By Va>d ,t/;:t-;ta.~
Frank Stites, Mayor
ATTEST:
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STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
lhe,
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foregoing was acknowledged before
, 1983, by H. BLAINE GREENE.
me
this
-::,,/70<' day of
My Commission expires:
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-'" lHitJCI~}lS my hand and official sea 1.
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APPROVED AS TO FORM:
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John E. Hayes, City Attorney
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P~O~DSTO
LENA GULCH DRAINAGEWAY
g 3D' g 3111
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FLOOD
CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado
LENA GULCH DRAINAGEWAY
ACQUISITION NO. 4.107
PROJECT 732-28.2
JANUARY 24, 1980
SHEET 1 OF 2
3
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LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.107
A parcel of land located in the East 1/2 of the East 1/2 of the Northeast
1/4 of the Northwest 1/4 of Section 28, Township 3 South, Range 69 West
of the 6th P.M., Jefferson County, Colorado described as follows:
Beginning at a point which lies 133 feet West and 555 feet South of the
Northeast corner of said Northwest 1/4;
thence West, parallel to the North line of said Northwest 1/4, 151.3 feet,
to a point on the East right-of-way curve of Owens Street cul-de-sac;
thence along this non-tangent curve to the left, having a radius of 45
o
feet, and a long chord that bears North 3 49' West, 5.99 feet, an arc
distance of 6 feet;
thence on a radial line to the right, North 820 22' East, 48 feet;
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,
thence East, parallel to the North line of said Northwest 1/4, 77 feet;
thence on a deflection left of 190 00' , 30 feet;
thence South parallel to the East line of said Northwest 1/4, 22 feet
to the Point of Beginning.
Containing 1,903 square feet, or .044 Acres, more or less.
The above described parcel is part of the property described in Book 2999,
Page 513 of the Jefferson County Records.
WAtGHT- McLAUGHLIN ENGINEERS
2420 Alcott Street
Denver Colorado 80211
Phone (303) 458-6201
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" LENA GULCH DRAINAGEWAY l
) FLOOD CONTROL IMPROVEMENT PROJECT
City of Wheat Ridge, COIO'ado'l
ACQU IS \TIC>~ 4. \ 01
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0.044 AC,
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WRIGHT- McLAUGHLIN ENGINEERS
2420 Alcotl Street
Denver COlora.dO
80211
SkEIT 2. of '2.
Phone (303) 458-6201