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Home My WebLink About0173 D~ \1 \ r~ECORDED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 85108873 11/0B/85 15:00 18.00 DRAINAGE AND FLOOD CONTROL EASEMENT "..~... :. THI~DRAINAGE AND FLOOD CONTROL EASEMENT day of ~____ 1985, by I.JAYNE (hereinafter referred to as Grantors) to the a municipal corporation, (hereinafter referred granted this b ~ and JOSEPHINE OLSON I CITY OF WHEAT RIDGE, to as the "City"); :'\\",;,\ I \ , ' , f \~~ ~~~iE ; lIL;.T ' I, 3 "~""^j /-/ ~ 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 West side of Quail Street (extended) about 798 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 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 allow ing any drainage and flood \-Iater 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 Ci ty agrees to pay Grantors the sum of TWENTY FIVE THOUSAND and no/l00 DOLLARS ($25,000.00). 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. 85108873 7. During the term of this easement, the Grantors shall have access to and may utilize the property conveyed hereby f'or 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 ...{"'/-I ""/~,; 1""'-- I I ; J '- C- tfL '.tf/,'l ~, . j/ By Frank / '--/ ;; J t-7. , it. /J. 4".0- Stites, Mayor U'7'C- c ~~ ATTEST: STATE OF COLORADO ss. COUNTY Of JEFFERSON ~ The, foregoing was acknowledged before me /~, 1985, by Wayne and Josephine Olson. My Commission expires: ~'~ If.F7 ~itness my hand and official seal. this tP -ct day of APPROVED AS TO fORM: /;:~ 9-. /~L /0 C'o CO, /c? c;L ~_ ,;(j~~ / C :Y2J2--->)L /' ,/ John i ~, E. Hayes" /Ci ty Attorney - 2 - t2 ~ \~.~ ,-- :- t '-' ';.-1 I'll : C /""'3::.CIV LENA GULCH DRAINAGEWAY C FLOOD CONTROL IMPROVEMENT ~ PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 5.102 PROJECT 732-28.2 FEBRUARY 25, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 5.102 A portion of the East 1/2 of Tract 12, Brookside Subdivision, Jefferson County, Colorado, described as follows: Commencing at the Intersection of the East line of said East 1/2 and the North Right-of-Way line of West 35th Avenue; thence North 475 feet more or less along said East line to the True Point of Beginning, said point also being the Northeast corner of the property described in Book 1690, Page 494; thence West 14 feet along the North line of said property; thence Southwesterly on a deflection left of 300 53', 175 feet more or less to a point on the West line of said East 1/2; , l ~ thence South 385 feet along said West line to a point on the North Right- of-Way line of said West 35th Avenue; thence East 23 feet along said North line; thence on a deflection left of 600 07', 54,20 feet; thence North parallel to said West line 163 feet; thence on a deflection right of 310 53', 48.3 feet; thence on a deflection right of 260 52', 104 feet more or less to a point on the East line of said East 1/2; thence North along said East line 170 feet to the True Point of Beginning containing 40,111 square feet or 0.920 Acres more or less. The applicable portions of the Sewer Easements are contained in Book 939 Page 412 and Book 1690 Page 494 are included in this Acquisition. Said Acquisition is contained in the property described in Book 1690 Page 494 of the Jefferson County Records. ( '- RECEPTION NO. 85108873 WRIGHT- McLAUGHLIN ENGINEERS 2420 Alcott Street Denver COlorado 80211 Phone (303) 458-6201 RECEPTION NO. 85108873 LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT 4- ACQUISITIO\'-l 5,\02- FEBRUARY 2.5,1950 0,920 Ac.. 6\2.00K. SI DE. TRACT \2. B' SEWE.R / E~-::'EMENT ---1-------- ( ,------- I I I I - o \[) cD <<I 31055' . o (() ~ \sy .:J~ ). Mcf- G, 00 0 T N, E, CO 12. t--J t.. R. 5 W 1/4-, NW V4- SECTIOt-J 2..6 --... . I WR'GHT- MCLAUGHLIN ENGINEERS 2420 AlCOn S'reel Oen",el Colorado 80211 S\-lEET 'Z. OF .... phone (303) 458 -6201 City of Wheat Ridge, Colorado I""~:t - o o \ SUBD\\JISIOl-J I"RAc..-r \~ \l<.U E PO I NT 01= BEGINNINC':J I- VJ .J 4. ':J 0' W. 35TI\ AVE ,c <07 L." .:: Li.- 4 ,( I't... L~ C........... , OL$(lrJ LENA GULCH DRAINAGEWAY r FLOOD '- CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY EASEMENT NO.5. 102 PROJECT NO. 732-28.2 MARCH 24, 1980 SHEET 1 OF 2 5. LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 5.102 An 8 foot wide Utility Easement located in the East 1/2 of Tract 12, Brookside Subdivision, Jefferson County, Colorado, said Easement having a centerl ine described as follows: Commencing at the Southwest corner of said East 1/2 of Tract 12 which point 1 ies on the North right-of-way line of West 35th Avenue; thence East along said North right-of-way 25 feet to the True Point of Beginning; thence North 80 48' East, 238 feet; r \ '- thence North 570 58' East 122 feet more or less to the Point of Terminus at the Intersection of the East line of said East 1/2 of Tract 12 and the center] ine of the Easement described in Book 939 Page 412. This Easement contains 2,880 square feet or 0.066 Acres, more or less. This Easement is contained in the property described in Book 1690 Page 494 of the Jefferson County Records. ( '-- RECEPTION NO. 85108873 WRIGHT- McLAUGHLIN ENGINEERS 2420 Alco!t Street Denver Colorado 80211 Phone (303) 458-6201 RECEPTION NO. 85108873 'c LENA GULCH DRAINAGEWAY r "':LOOD CONTROL " IMPROVEMENT PROJECT / City of Wheat Ridge, Colorado Y EASEME.I\,n 5 102... MA.g,CI-\ 24 I~e.o , o OG,(., Ac 5K:OO t..5 I DE. \'K~ \ ~ I"~, G,O' SUBDI\J \5\Ol'J 1'2.. \"RA.Ci 1'3 5' SEWE.R.. EASeME.NT 7 ,- ( '- ( \~o~ \' _ ('v~\'Y-' WRIGHT... Mcl.uGHlIN ENGINEERS ~ I i , I I I I I I I I I [ I '2.50 -.J 4. :J o I ",,' ~ UJ l() - '\t 0 o - <G cC 2':0 TRUE POII-JT OF BE.GI N~ I NCl N,(. COgNE.R- SIN 1/4- , NW'/4- SECTION '2.8 W, 35'" AVE, 2420 Aleoll Street Den....er Colorado 80211 SKeeT 7. Cl F "1.- Phone 13031 4!:l8-6201