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Home My WebLink About0137 !' L C L f'l J '::. N N '.'. ~: ',' Ci _', ,".!,' ',' U ':j.' IJ 1 ,3 ,( 1 f: : t : t ,: . I) I! f'fCOr\DLL> IN t: OUN r ( OF JEI-l--EI; ~30N ~:H:H Of U:ot ('f,MJO ....--., , ' (WIlL\ T "" fl/OGt " 1 EA~t:- ~ . MENT 1 \is; ]) ~-(" f \ DRAINAGE AND FLOOD CONTROL EASEMENT THIS DR~I~AGE,AND FLOOD CONTROL EASEMENT granted day of I!II~O,~ 19/3'3...<; by GEORGE O. TRICKELL ref err e d to ' <is G r a ~ tor s) tot h J C I T Y 0 F WH EAT RID G E , corporation, (hereinafter referred to as the "City"); this / ~ (hereinafter a municipal J - J./ WHEREAS, Grantors are the owners real property si tua te, lying and being County of Jefferson, State of Colorado, Street, to-wit: of the following described in The City of Wheat Ridge, located at 3601-3605 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 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. City and for 3. As consideration for the conveyance herein specified, the agrees to pay Grantors the sum of FOUR THOUSAND THREE HUNDRED no/100 ($4,300.00) DOLLARS, of which $300.00 is an allowance landscape materials. 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. F'U:EF'I [ON 11'). i:' ,I) !":') :"= C ll~:l / (J j / ~::' ~l 1. t: ~ j, :i 1 :. ~ Cl u F'tT0POEO Ii" rouPI)' N .JLrr[r'~0U :~ fiHE OF I:OLOPr11)(' 7. During the term of this easement, the Grantors shall access to and may utilize the property conveyed hereby for purpose which is not inconsistent with, or which would detrimental to, the purpose for which this easement is granted. ha ve any be 8. The concrete wall along the channel will be at ground level or slightly above and a six foot chain link fence will be erected on top of it as a safety precaut ion. In the event any existing wood privacy fence is removed, it will be replaced with a like or comparable wood privacy fence. ::I 9. 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 THE CITY OF WHEAT RIDGE, a municipal corporation By -----:!./i ,J ~lz1Z- Franf Stites, Mayor ATTEST: d /~tl:~ . (' '--" .:t~.f. Wanda Sang, City erk '~ (JJ STATE OF CO ) COUNTY OF J~~SON i ss. ~ The foregoing was acknowledged before me CCJru~L" , 198f; by GEORGE O. TRICKEL. My Commission expires: 'r77~ /.2, 17 J S" Witness my hand and official seal. '<< this d2b day of APPROVED AS TO FORM: / , ,,~ f:"'~' ,....~ John E. Hayes, City Attorney ~ -2- ~.-:I\jA GULC~-i DRA~NAGEWAY ,-LOOD CONTROL IMPROVEMENT PROJECT City iRICKEL of Wheat Ridge, Colorado 8?~~ LENA GULCH DRAINAGEWAY A~-5-+1-HlN NO.4. 111 PROJECT NO. 732-28.2 FEBP,U^RY 22. 1980 SHEET 1 OF 2 ((-3 ~tVl#~ 3 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.111 A portion of Lot 7 Daniel's Subdivision, Jefferson County, Colorado described as follows: Beginning at the Southwest cor~er of said Lot 7; thence North along its West line 19 feet; thence East; parallel to the South line 95 feet; o thence on q deflection left of 17 22', 43.5 feet more or less to a point on the East line of said Lot 7; thence South along said East line 32 feet more or less to the Southeast corner of Lot 7; thence West along the South line of said Lot 7. 136.53 feet to the Point of Beginning, containing 2864 square feet or 0.0657 acres more or less. , , , Included in this acquisition is the applicable portion of the platted 30 foot Lena Creek easement. Said acquisition is contained in the property described in Book 2328 Page 203 of the Jefferson County Records. //- / .- f'[ C [ [, I ] (_.'rl [,.10. ~:', (I y,I':';'t! () f) /01 ,/ (3 .(1 .t {: : .t .~ l .~ .. IJ iJ f'[((!['[)L[i ]~,' C0IJN r -: ,)r: Jr:!- [- U; ':3N,1 ':' I (,T[ or (r)[ or~(\[)o 'WRIGHT...~1Cl AtlGHl.IN ENGINEERS 24'0 Alco1l Slr~e' Oen'ler. ColoradO e0211 Phone (JO:)) 458-6201 PEf~'I,-_:-' J '[()N Nt'l.. :? ,/J fo.;':;,::3 I J J, U j ~-.' j _;:: ;- 1 ~~ J ~ # U C.l ., :; ICC'/i:O[1J IN ( 0 UN I Y 0 [ J L r [ [ [,~: (> N ';T;HE OF COLOF',)OC' LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT 4 City of Wheat Ridge, Colorado AC.QUISITION 4,\\\ FEBRUARY 2.'2.,19aO O.0f..57 AG. B~oc~SI DE 5u BD\\J IS\ otJ POI NT OF Bc.G I NNIN G TRA.C.T \4- Q.V -. . ~\..l (p r--- I b I 6) 85.0' 1 nOll.' I J.--- I -- - \3(,.53' -- - I ----- ,)./' I I B I 8' 5l:W€2.. ,(" EA.SEMENT 2 I o{'l oJ\ I g oJ ~ I ~Q I Zd> <!~ I 01() t----------- 1-- I I I '1"\ : '-' \" >f\,;\q A L . N1' ,": '5Cf 30' L t-J A. ~ULC.\-\ EA. ~E. ME;.NT ~ I- UJ I.L. Dl ~ ( l IS" i I ~