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Home My WebLink About0172 RECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 85108872 11/08/85 15=00 12.00 o~ \'Y DRAINAGE AND FLOOD CONTROL EASEMENT f--/, /+ ~ THIS .D.lltINAgE.1ND fLOOD CONTROL EASEMENT granted this ' day of J_,"-u~~-" ~'-<.-,/~ 1985, by DEVELOPMENT PROPERTIES, INC. (hereinafter referred to as Grantors) to the CITY OF WHEAT RIDGE, a municipal corporation, (hereinafter referred to as the "City"); 1/1 WHEREAS, Grantors are the owners of the following described real property situate, lying and being in The City of Wheat Ridge, County of Jefferson, State of Colorado, located at the East side of Quail Street (extended) about 615 feet southerly of West 38th Avenue in the City of Wheat Ridge, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) WHEREAS, it is the intent 6f The City to develop, construct, and maintain drainage and flood control improvements on the Property for the general heal th, 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 FIFTEEN THOUSAND and no/100 DOLLARS ($15,000.00). 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. RECEPTION NO. 85108872 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. 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 wri ting 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 & Floo d Control GRANTORS: frJ<--<!:C'r"J /' ~~~, f7 ~4e3eJ<<~ ~~~~ THE CITY OF WHEAT RIDGE, a municipal corporation I By '-:-/..-;'" " ITi:c." Frank Stites, Mayor ATTEST: STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) -J r/l ('~r....forW}9g was acknowledged before me this day of ~~~II(A.JLt/I,,_J ~'85, by W. Jerry Castleberry for Development Properties, Inc. IJ(I'V<' My Commission expires: \_, I, Witness my hand and official seal. i- Cr;. , .w Com ,,, APPROVED AS TO FORM: /() ){/- John E.~Hayes,;City Attorney I" 2 -0 c.u ':1.-(; p''''l?fv'- ? ~Gp,z~ Tl e> LENA GULCH DRAINAGEWAY C FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 5.101 PROJECT NO. 732-28.2 FEBRUARY 22, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 5.101 j A portion of the West 1/2 of Tract 13, Brookside Subdivision, Jefferson County, Colorado described as follows: Commencing at the Southeast corner of said West 1/2, said point lying on the North Right-of-Way of West 35th Avenue; thence North 375 feet along the East line of said West 1/2 to the True Point of Beginning; thence Southwesterly on a deflection left of 1110 10', 150 feet more or less to a point on the West line of said West 1/2 which is also the East line of the dedicated road Right-of-Way in Book 2240 Page 846; ( ~ thence North 177 feet along said West line; thence Northeasterly on a deflection right of 780 50', 68.5 feet; thence on a deflection left of 190 20', 85 feet more or less to a point on the East line of said West 1/2; thence south 179 feet along said East line to the True Point of Beginning, containing 23,989 square feet or 0.550 acres more or less. Said Acquisition is contained in the property described in Book 2268 Page 921 of the Jefferson County Records. RECEPTION NO. 85108872 l -- !:: X (-1/ f!:, (T ~, '1' /-I - <]' WR IGHT- McLAUGHLIN ENGINEERS 2420 AlcOlt SHeet Denver Colorado 80211 Phone (3D3) 458-6201 LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado ACQU \S\T\ON 5.10\ FE:BI2..UAR\{ 22, \8BO o 550 A.c.. ~f 1,~Ji .- T AC.T \3 VI BICOOK..'S I DE SUBDIVISION r \ ',,-- ( \... ~ - 4. :) o 18050' ...,8,5' - <::) t'- t'- -- - o 5' SE.WER I ~--- CJ EASEMEt-JT I I 1-- t'- I I I I I I I I i I : I . __________!RU E Po I NT II I ' ~ OF BEGINI\JI N(j I I I : I I I I I I I I I I I --_________.-J I ---------- I ------_ -J \ \ \ 0 la' " <-1 ()8!37'" RECEPTION NO. 8J" ~ BY ~~ J. f'0~ Si-\eeT z. OF -z... WRIGHT- McLAUGHLIN ENGINEERS 2420 Aleo!! Street Denv~r ColoradO 8C2n Phone 13031 .458-6201