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Home My WebLink About0148 ~ '?- " OU ~. \ ~ REC~PTI0N NO. 8~099996 ' 10/24/84 15140 18.00 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO L_~ DRAINAGE AND FLOOD CON'l'ROL EASEMEN'l' 'l'llIS DRAINAGE AND FLOOD CON'rfWT, EASEMENT granteel this #) 'J d. ,--r-# , Ad\ day of (f)~ , 1984, by Mr. and Mrs. RichaJ~d G. Mihalco (hereinafl:er referred to as! "Grantol~", whether one or more in(livi<'lua1s or entities) to TlJE CI'rY OF \'illEA'r RIDGE, a municil'al corporation, (hereinafter ref err e d to as" '1'h e C i t y" ) ; Wl1EREAS, Grantor is the owner of the following oescribed real property situate, lying Rncl being in The City of Wheat Ridge, County of Jefferson, State of Colnrado, to-wit: WlmREAS, the City wishes to [lurchf\se iln easement over, upon, and to t11e fo11 OWl n<1 clescrined rOt-tinn thereof: (whiCh portion i.s referred to herein as the "Property"); WlJE1<.EAS, it is U1C Ln tel't 0 f 'l'l\e City to ,levelop, construct, and maintain drainaCJR and flood control improve- ments on the Property for the general health, safety and welfare of Grantor and the other citizens of The City of Wheat Ridge; NOW, '['I'IEHI':FORE: 1. Grantor does hereby grant and convey to The City a perpetual easement- to the Property, as described abov~, for the purpose of al\th01~izinCJ '1'he Cit.y to construct and maintain /- ~ 'RECEPTION NO. 84099996 10/24/84 15~4{) f~ECOfWED IN COUNTY OF JEFFERSON STATE OF COLORADO 18.00 -'-~- thereon any flooCl control channels, structures or other improvements deemed necessary by The City to fully and ;& successfully iwplernent the Lena Gulch Plooc1 Control Project contemplateCl by 'Phe City. 2. 'l'he Easement ']nlllted herel)y includes, witll<jut limitation, a grant of authority to The City; to come upon the property for the purpose of surveying and inspectlon; to construct such improvements, including channelization, embankments, maintenance roads, and other flood control improvements c1eemc(l necessary; to corne upon tJle Property for purposes of inspecting a 11<1 I11c'linta).ning Bucll improvements; and for the purpose of allowing any c1rainnge and flood water to come upon ancl flow over said Property; as well as any other uses not enumerated herein ~lich nre consistent with the purposes of this Ens(~mcnt. 3. As consideraLion for the conveyance l1crein specifiecl, the Ci ty agrees to pny Grantor (s) the SUIlI of $~! 9 45.50 4. '1'he Grantor recn<.Jlli.7.es an'i ackno\vledges that The City is currently cngage<l in a city-wide program to construct Elooo control iml'rovclllcnl:s upon Lenn Gulch which would inure Lo the benefit of Gt-antor and all other cil:.izens of The City of Wheal: Ridge, and thai: 'l'he City is cooperating in this venture wi tll tlle Urban DrR1.nage and 1"1000 Control District (UDPCD) to that end. Grantor therefore agrees to cooperate with The City an<l UDPCD in any reasonable manner or means -2- '. . RECEPTION NO. 84099996 10/24/84 15140 18.00 f<ECOf<DED IN COUNTY OF JEFFERSON STATE OF COLORADO " which is consistent with the purposes of this Easement, even though any particular use or i'nprovelOent thereby contemplated o may not be specifically set forth herein. 5. Grantor agrees that he shall construct no improvements or huilnings of any kinn whatsoever, including fencing, on the Property conveyed herehy without: the prior written consent of 'l'he, City, which consent shall not be unreasonably withhelr1 if the same may be given without enelanqerinC) the fmhlic heillth or welfare or otherwise impairing the purposes of tllis Drainage and Plood Control Easement. 6. The City, agrees that, during the tenn of this Easement, it shall repair and maintain the improvements constl~uctc~d upon the Property herehy conveyed, and The City shall likewise repair any c1amage which it cau~es to Grantor's remaining property during construction or repair of any im[lrovements mane pursuant to this EClsement. 7. During the terln of this 1':n.semenl'., the Grantor shall have access to and may utilize the Property conveyed llereby for i'\ny pnr[lose Wl1it~11 is not inconsistent with, or which would be detrimental to, the purpose for which this ~asement is granten. [;. The Easement (J1","11:.e<l llerehy is perpetual, and shall be binding on the heirs and successors of the parties, all<l shall. he come it covenant running w1.t.h t.he land upon its recordation; provided, however, that this Easement may be terminnted only by a writing signed by both parties, or -3- i RECEPTION NO. 8~099996 10/24/84 15:40 18.00 f~ECORDE() IN COUNTY OF JEFFERSON STATE OF COLORADO duly recorded and their successors, whi.ch writing shall be shall not be effective until so recorded. The foregoing was ncknowledged before me t.his clay of -Ls be:/- ,1984, by f)flJ)/h_O G;, C(}.()L- t\H\UtlU...c ~ "",~.C OO~"" , ()ii::~~" ..:t,"".J'lY commission expires: v"XW.. . .......-.. ~.~~~{rr_ ~T ,.:.jT.,?" ~ ci [tf,'\rr;. \ ~ tness my hand and official seal. oJ$~~~:~; : -':~~ - ..~'" :~ = '-..::'1)i;,)il.~ v. .,/ ~'f "/, 1S ".~':\'~s.., Cf}""...,,, "'" "-11"E 09 ~"" 'fll/I"'"flllll''''' STATE OF COLORADO COUNTY OF ~~ I ss. STATE OF COLORADO Sf;. COUt~'l'Y \.)Fl GRl\N'rOR( S) 4~~~ f ??~ ~.2) ~7 /r K'~ _~ ~, e~ Nota.ry Public The foregoing was ackllowledgel1 before me L1lis day of 1'.lH4, by My commission expires: Witness my hand nnel official seal. A'T''F1''l; .:::7f~ \'iANDA SANG, C I ry Not.ary PubU c Accepted by: 'rilE CI'rY 01" WlmAT HIDGI':. a muni.cipa1 corporat.ion ~~ 'AAt-i - L. By -4- ,0 ^ -1>1. -<- KJ..<...A) 'LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LEGAL DESCRIPTION OF LENA ~ULCH ACQUISITION NO. d.101 LENA GULCH DRAINAGEWAY ACQUISITION NO. 4.101 PROJECT 732-28.2 -.' ~ JANUARY 24 1980 HECEPTION NO. 134099996 - SHEET 10F'2 '10/2~/8~ 15:40 18.00 Ii:ECORDEO IN COUNTY OF JEFFERSON STATE OF COLORADO 5 That part of Lot 3, Block 3, Roll in9 Hills Subdivision, Jefferson County, Colorado described as follows: Beginning at the Northeast corner of said Lot 3; thence Southerly along the East line of said Lot 3, 10 feet; thence on a deflection right of 78041' 24.2",91.78 feet to the West line of said Lot 3; thence Northerly along said West line, 30 feet to the Northeast corner of sa id Lot 3; thence Northeasterly, Easterly, and Southeasterly along the courses of the North boundary of said Lot 3, to the Point of Beginning. Containing 2,887 square feet, or 0.0662 Acres, more or less. Said Acquisition is contained in the property described in Book 2644 Page 195 of the Jefferson County Records. EXHIBIT "e" REVISED: FEBRUARY 10, 1981 WRtGHl'- McLAUGHLIN ENGINEERS 2420 Alcott Streel Denllef ColoradO 80211 Phone (303) -4S8 -6201 RECEPTION NO. 84099~9b ' , 10/2~/8/, 15:40 lB.OO t;:ECOROED IN COUNTY OF JEFFERSON I LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT ~ I I I Re.V1Sf.D , FEeRup.e'(' 10, 19f>I I I I 5' uTILITY EASE.MENT I .- -- -- , 5 I . r .;.;. ". "il . '\. . . r' City of Wheat Ridge, Colorado ACQUISlTIOW 4.\01 JA~UAe y ~4, 1560 O. OG,(p Z AC. \"~50' t 5 I I I I ) / / ( \ \ \ ) / POl Nt /0'; bE:GI~~It-J~ 10' -- --- - -- 4- 3 2 \ ROLLI ~G ~\ LL S BLOC.K.. 3 su D\\II~IO\-.! ("" W 3<..,"" AVE., 1'( ~~.('<)~