The URL can be used to link to this page

Home My WebLink About0134 , I; 1 i' ) J _' (' r.1 (I .. jC l ';11'1""; 1.! DRAINAGE AND FLOOD CONTROL EASEMENT >:.c ' I' r ...., , \.-J Lj- ..,....... J~'O U THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted day of A.J()dL~ 1983, by EARL D. and HELEN L. MAY referred to as Grantors) to the CITY OF WHEAT RIDGE, corporation, (hereinafter referred to as the "City"); ,.ifL this 2-1- (hereinafter a municipal WHEREAS, Grantors are the owners real property situate, lying and being County of Jefferson, State of Colorado, Street, to-wit: of the following described in The City of Wheat Ridge, located at 3741 - 3747 Oak / ..... <j / (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 TWENTY THOUSAND and no/100 ($20,000.00) 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. r' :.~ I, ~_; f ! 1._'" .,'.J " - ;\' '. ) ; 'il'L !_, ,",I I'; ;.' , , Ii ,./ I , -'I tt f J f ";./ '. f I' 1,1 ; I j 1 -,i 11'1'- ~ \ ~ I ~ ~_ (I I,' t i l- l \ r. I i _ ! f 1 1 ;. i ~ if I I j : ; L :., ~. (,;,.1 - I 1 \ ,\ ,;, I _, I' ( l! (, 7 . During the term of this easement, the Grantors shall ha ve 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 parties hereto have 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 ~-- By ~aJ:,~/:.l<~ Frank Stites, Mayor ') .~< (: { . ) I , <, -r _...,.~.=~ ~I"""'<(( ~t:; ~,., ~. " .......~ / "\ 0';:. ...~~"~ ~ ' ":' ~.f ~'. ,~.,~.......~, I 7~' . i ATTEST: ~ ; . " \ , ~ i \ \ STATE OF COLORADO ~ ~ ~ r,,-'. '~~-". COUNTY OF JEFFERSON ) '<;.:~.. The forE')going was acknowledged before me this " " 1983, by EARL D. and HELEN L. MAY. /i I ( -, day of My Commission expires: -, ) Witriess my hand and official seal. I " -' ~","'n",~ "'( ~~ I f I --'~.- '"-- 1! I,., /" \ 1/' ,/.. /, , ,,\ - - -- Notary Public I r-'-., ~ II ." .' APPROVED AS TO FORM: I I ,/ .-"~ I ,,( I _ , d--'-x-.~ JOh~'E. Hayes, C;ty ~~orney - 2 - I, 10...( ) ~~' I .. ".....,......, /........, _ENA GU~_C~~ DRl-\~NAGE\NAY~ FLOOD CONTF10L IMPROVEMENT PROJECT .City of Wheat Ridge, ColorJdo !!c.,<;/-..-R....r LENA GULCH DRAINAGEWAY -ACQUI S 111 01J NO.4. 105 PROJECT 732-28.2 JANUARY 24, 1980 SHEET 1 OF 2 R-3 7..oN/lIG,- \r LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.105 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 ~est of the 6th P.M., also known as Tract 16, Brookside Subdivision, Jefferson County, Colorado described as follows: Beginning at a point on the East line of said Tract 16, which point is 574 feet South of the Northeast corner of said Tract 16, and also lies on the North line of Lot 4, Block 3, Rolling Hills Subdivision; thence Southwesterly along said North line and the North line of Lot 5, Block 3, 137 feet, more or less, to a point which lies 133 feet West of the East line of said Tract 16; thence North,parallel to said East line, 70 feet, more or less; thence on a deflection right of 650 00', 146.75 feet to a point on said East line; thence South along said East line, 90 feet more or less, to the Point of Beginning. Containing 10,175 square feet or 0.233 Acres, more or less. The above described parcel is a portion of the property described in Record Reception No. 79025779. ! " ! t " I I !'I ^J i-.ll'l ' I I , _, i.~ ~ I ,.'.. ' _, , (!j .~!{ (.~i i,: ,(, j ~ f i : " \ r _I :~ 1 !' ~ i t 1 {! U ~.! ~ 'I ! r [ I- f ~ 1,' : !_, i,'! :' i \ I' ij 1- \'! ~ r :. -'. L ;_ .- / WR,GHT- McLAUGHLIN ENGINEERS 24.20 "'~coll S\r.e1 O.nv.r. Colorado 80211 o...~ _ ~ I . , LENA GULCH DRAINAGEWAY i I ! I: : I FLOOD CONTROL IMPROVEMENT PROJECT Y I I ! i: I City of Wheat Ridge. Colorado Ii: ACQUISITION 4.\05 I I JA~UA.RY Z4, /980 I O. Z =:>3 AC. IJ I I \,,-50' I ~ , ., I' I D 5 ' 'H U !t P I BROOK.~I DE SUBD1\J1510t-J II I, l- J I uJ F I~ UI Ct ( t; I 0 ~ 0 I OJ ( 0 1 I 0 ~r~ r- E -- - - I -- - POI t-.JT I 5' UTILITY - , - OF BEGI~HJIN~ EA-SEN\€NT if !l G 5 4- ROLLI N~ \-4\LLS SUBDI 15\ON 11 ! : : i ! , I ~ , , I, , i BLOCi'. ~ 1ft 2 UJ ~ o 'I ~ ~ 'i _!, ! j ;," i'~ l.t j ! ~ ; I iJ I ; j : I', W, 3("'n< f:>..\JE. I'll ,,!'l !. 1': i,i BY 0~ J.~~ ; _ j ~I j \ (! ~ ,_, ~ J : _: : I : ~'! ;..: ! t \ L_ ~.~ ! I _! t i_I" (.' [I i_I S\-l..€E'" ~ Of' ~ ~j , , I, II