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DRAIt;f'J?f AND FLOOD CONTROL FASEMENT
THIS p-RAIN AGE AND FLOOD CONTROL EASEMENT grant ed
day of ((-/0'('-1 1984, by TERESA L. GALLOWAY
ref err e d t 0 a s G ran tor s) tot h e C I T Y 0 F ~IH EAT RID G E ,
corporation, (hereinafter referred to as the "City");
this ~9d/
(hereinafter
a municipal
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WHE.REAS, Grant ors
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 3605 Nelson
(see attached Exhibit A,
hereof)
attached hereto and made a part
v!hEREAS, 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;
liOW, THEREF ORE,
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
Ci tv agrees to pay Grantors the
AND NoflOO DOLLARS ($3,200.00).
conveyance herein specified, the
sum 0 f THREE TH OU SAND TWO HUNDRED
I 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.
.
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.
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.
ha ve
any
be
IN WITNE.SS 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
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By \ / c, c! q./-<{Li4.-/
Frank Stites, Mayor
ATTEST:
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STATE OF COLORADO t
) ss.
COUNTY OF JEfFERSON )
The
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foregoing was acknowledged before
,1984, by TERESA L. GALLOWAY.
me
this
;-3(1),.- day
of
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APPROVED AS TO FORM:
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John E. Hayes, City Attorney
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f~-~Er\jA GULCI-I DR/\INP\GE\^/AY
FLOOD CONTROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado
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LENA GULCH DRAINAGEWAY
EASEMENT NO. 3.110
PROJECT 73,28.2
MARCH 15, 1984
SHEET 1 OF 2
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LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 3.110
That part of Lot 1, Block 3, Rolling Hills Subdivision, Jefferson County,
Colorado, described as follows:
Beginning at Northeast corner of said Lot 1:
thence South along the East line of said Lot 1, 40.0 feet;
thence S 210 -37' W, 95.3 feet to an angle point in the platted easement line;
thenceS420 -42' W, along said easement line, 38.6 feet, to an angle point;
thence N 710 -15' W, 8.8 feet to the angle point in the Northwesterly boundary
of said Lot 1;
thence along said boundary as follows:
N 420 -42'E, 39.0 feet;
N 10 -18 'W, 49.0 feet;
N 160 -47' E, 30.0 Feet;
N 330 -02' E, 55.0 feet;
N 720 -07' E, 6,0 feet to the Point of Beginning.
Containing 3,121 square feet or 0,0717 acre, more or less,
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2420 AlCon Slfeel
Den....er COloradO 802"
pt1:::ne 1303\ 4S8-62C
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PROJECT
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SETTLEMENT AND CONVEYANCE AGREEMENT
THIS SETTLEMENT AND CONVEYANCE AGREEMENT, made and
executed this.~f'~ day of October, 1984, byand between the
City of Wheat Ridge, a Colorado home-rule municipality (hereinafter
referred to as The City) and D. Michael Galloway and Teresa L.
Galloway (hereinafter referred to as Owners);
WHEREAS, The City is engaged in the construction of a
public improvement project upon Lena Gulch;
WHEREAS, in order to complete said project to provide for
the public health, safety and welfare, it is necessary for
The City to acquire certain property interests in property
owned by Owners as set forth herein;
WHEREAS, Owners own Lot 1, Block 3, Rolling Hills Subdivision,
Jefferson County, Colorado; and,
WHEREAS, the parties have agreed upon the financial and
other terms and conditions set forth herein in lieu of The City
commencing an action in eminent domain;
NOW, THEREFORE, the parties for themselves, their heirs,
successors and assigns do hereby covenant, warrant and agree
as follows:
1. The City agrees to pay to Owners the sum of $5,440.00
which is allocated as follows:
$3,200.00 as the price for permanent easement.
$600.00 as the price for the construction easement.
$900.00 as damages to the remainder.
$289.00 for personal property including a root
cellar, bricks, underground wire and plastic hose,
and ~ cost estimate.
$250,00 for cost of a dog run which lS being
removed.
2. As consideration for the payment described in the
preceding paragraph, Owners agree to execute the permanent easement
attached hereto as Exhibit A and the temporary construction easement
attached hereto as Exhibit B, thereby conveying the property interest
inthe properties described therein.
3. The parties agree that certain improvements shall
be constructed upon Owners' property as depicted on the landscape
drawings of Max J. Capron, dated September 18, 1984, as revised
as of October 19, 1984, and to include a sprinkler system as
designated on a plan designed by Mr. Capron dated September 25,
1984. The parties specifically agree that The City shall pay
the full cost of a four-station clock for said sprinkler system,
but that Owners may request, and have provided to them a larger
clock for control of an expanded sprinkler system, provided that
any costs incurred over and above the cost of the four-station
clock shall be born by Owners, who shall reimburse the City
therefore. Each of the plans referred to herein shall be included
in the construction plans which shall be part of the construction
contract entered into by The City for completion of the Lena
Gulch improvments. Parties acknowledge that the landscape plan
described herpin contains "downsized" trees from a previous plan
submitted by Mr. Capron, but includes a sprinkler system and a
six foot privacy fence. The inclusion of the six foot privacy
fence has resulted in one-half of the damages to the remainder
being paid to the Owners.
4. The parties agree that any trees which currently exist
within the permanent or temporary construction easement areas and
which are subsequently removed may be designated by the property
Owners to be left on the Owners' remaining property to be used
by the Owners as firewood or for any other lawful purpose. It is
the responsibility of the Owners to remove any of said trees
from the construction areas so that the construction activities
of the contractor shall not be unduly delayed or impaired.
5. The City acknowledges and affirms its responsibility
to insure that the contractor ultimately selected to construct
the Lena Gulch improvements shall do so, especially upon Owners'
property subject to the easements attached as Exhibit A and
Exhibit B, in strict accordance with the plans and specifications
approved for said project.
6. The City covenants that no adverse effects shall be
suffered by Owners' remaining property by virtue of the
construction of the Lena Gulch project. The City acknowledges
that, as a matter of law, it is obligated to repair any damages
caused to or upon Owners' remaining property by The City or its
agents or contractors as a result of construction of the Lena
Gulch project, but The City is not obligated for any other
damages. The City further acknowledges that proper drainage
will be maintained within the easement areas conveyed hereby
resulting in waters upon said easement areas flowing into Lena
Gulch, and that no adverse effects relating to drainage shall
be created as a result of any actions of The City.
7. The parties acknowledge that Owners shall be provided
a quit claim deed to approximately 800 square feet of property
owned by The City but lying generally south of the line at which
the 4 to 1 slope commences as designated on the construction
plans. The City agrees to convey by Quit Claim Deed said
property as soon as the same may be identified and becomes
subject to a proper legal description. The City agrees to use
its best efforts to describe said property and to convey said
property, and to accept conveyance of any property to be traded
by Owners to the City, prior to December 31, 1984, so as to obtain
the maximum lawful tax benefits for the Owners for calendar year
1984.
8. This Agreement shall be binding upon their heirs,
successors and assigns of the respective parties, and shall be
reconleu with the Clerk and Recorder of the County of Jefferson,
State of Colorado.
GRANTORS:
GRANTEE:
THE CITY OF WHEAT RIDGE,
a municipal corporation
D. o~~E(7~~~
By :\" vv1/~ l
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By \-- :-::/211'" J-i:-tL;;z
Frank Stites, Mayor
TERESA L. GALLOWAY
By
ATTEST:
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Wanda Sang, C~o~,~.~~e~
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APPROVED AS TO FORM:
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