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Home My WebLink About0215 2) I~ ECOI~ DED IN COUNTY OF JEFFERSON STATE OF COLORADO RECEPTION NO. 88057495 06/14/88 10:0S 21.00 DRAINAGE AND FLOOD CONTROL EASEMENT '//;';\1,"''\ J 1" ~. "\ ?d.L,''j!, ~:. ~ t \. '; ,'t, } \.:::/ r/ )/ THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this day of 'l : t 'J-. 1 G. Noble (hereinafter referred to as "Grantor," whether one I,' TII '7- , 1988, by Howard G. Noble and Carol or /_ "'-1 / / more individuals or entities) to THE CITY OF WHEAT RIDGE, a municipal corporation (hereinafter referred to as "The City"); WHEREAS, Grantor is the owner of the following described real property situate, lying and being in The City of Wheat Ridge, County of Jefferson, state of Colorado, to-wit: See Exhibit A 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 Grantor and the other citizens of The City of Wheat Ridge; NOW THEREFORE: 1. Grantor does 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 thereon 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. In consideration of the grant of easement by Grantor to The City as set forth herein, The City does hereby agree to pay 2 RECEPTION NO. 88057495 to Grantor the sum of $24,567.50. 3. 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 uses not enumerated herein which are consistent with the purposes of this Easement. 4. The Grantor recognizes and acknowledges 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 Grantor 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. Grantor therefore agrees 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. Grantor agrees that he 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 ~- 2 RECEPTION NO. 8805749~ same may be given without endangering the public health or welfare or otherwise impairing the purposes 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 Grantor's remaining property during construction or repair of any improvements made pursuant to this Easement. 7. During the term of this Easement, the Grantor 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 writing signed by both parties, or their successors, which writing shall be duly recorded and shall not be effective until so recorded. 9. Notwithstanding anything to the contrary hereinbefore set forth, the parties do hereby agree specifically as follows: a. Because a down stream property has been allowed to build a fence within a permanent drainage easement area, Grantor shall be allowed to build and maintain a fence of similar design. The City, however, shall not maintain said fence. 3 RECEPllON NO. 88057495 b. When gates are constructed as a part of fencing, Grantor shall be provided with a key for access off of Quail Street. c. A good faith effort shall be made by The City to minimize damage to grass and groundcover, brush, and trees during construction; however, it is expressly understood that no guarantee is made by the City that all plant material desired to f be saved by Grantor can be saved. d. In construction of the improvements contemplated within the Easement area, colored grout in the drop structure will be used in an attempt to match existing on-site soil. GRANTOR: ') (javvl ~, ;tJobk L/ G";?R' /)kj GRANTEE: ~~~4 i ~ j~, ,1 (, THE CITY OF WHEAT RIDGE, a municipal corporation, ).'..f.C::,,-__l v~ J..L By " ~ ,~ I :'~.' ~ '~ " ATTEST.:: ",1' x- II ---~7'- I I ",' /'0" 'f City Cle k c. STATE OF COLORADO COUNTY OF Jefferson ss. The foregoing was acknowledged before me this April , 1988, by Dan Wilde, Mayor Clerk, for the City of Wheat Ridge, CO, My commission expires: M\"~~-;"'~,.;,,,,, ... - ..~._, -' r .... '\, S ";:."'" 1\ r 26th day of and Wanda SanE, City ,i.,'; , c' Witness my hand and official seal. \.. " ~ r- to....., 4 RECEPTION NO. 88057495 STATE OF COLORADO ss. ~ COUNTY OF Jefferson The foregoing was May ,I) acknowledged before me this II - day of 1988 b Howard G, Noble and Carol G, , ,y Noble My commiss ion expires: My Commission cxp;res Sept. 30,1:]91 Witness my hand and official seal. 7 ~7(, ,~ ///; ~'lf Je No'ta y Public ~-'j~~ -(' // ",,, ,,It'"'~'' ~ 5 ,J' J RECEPTION NO. 88n5749~ ] ] ] LENA GULCH DRAINAGEWAY ACQUISITION NO. PROJECT NO. 864B.LEGIIL FEBRUARY 1 1. 1987 SHE.!:.'T 1 OF 2 o ] ] ~f.Gb~._UE;.s.~~1 I:XlQH _Qf_ L..E:Hh JiULCH hCQll1.SJ T.tQ~__N9__._. _ .;,)_1._:~ J I' Q<,oiD~rs-__t!QQleJ. JiQ_Wq("~,L~u 9-l).g _C~_LQl ..Si.. ] A parcel of land located in th~ West 1/2 (w~) of Trdct 12, BrOOKside SuOd~vision, Jeffer5o~ County. Colorado. being Puct of the property described in Reception No. 84i18549. said parcel described a~' Beqinn1ny at the Southeast Corner of said W~: thence S 39038'48"W. 164,5 feet to the Sont.hwest CGrner thereof; thence N O"lS"2"W,alung the West line of said w-L 12.00 reeL; thence N 41~33'44.'E, 134.10 feet; thence N 3.00'E. i91,82 reet; thence N 43'48'E, 92,3 feet more or less to the Ea~t line of said thence S O"1S"2"E along said East Ilne. 369.5 feet mare or less, to the Point of Beglnning, I.'.!. . ff.:. ] ] ] Above parcel contains 2'1.385 square feet (0,6"'5 Acre) Bearings based onthe South line of Tract 12 bearing S 89"38'4U"W. Easerr;ents located in tni.::; parcel are ce=r::J.ed 1n Book 839, PdCJe 9 and in Book 1754, Page 58S. ] 1 ] J J J Exhibit A ] J *1 LENA GULCH DRA\NAGEWAY FLOOD . CONTROL IMPROVEMENT PROJECT CIty of Wheat RIdge, Colorado 1 l I I ] ] ] ], ~] ] ] ~] ] ] -] AC.QD\ S \ \10 N o.wl4 AG. 1 \ \ \ \ \ ~ \ \~ \ v ~ \ r I Ul B'KOOK5\.:DG: 51jBJ) \\1 \ 510 N TKA.C 1 12. 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