Loading...
HomeMy WebLinkAbout0043 ~f!}' I~~ 8008093"' 1960 OCT 27 ("" ......... ("r"HEA^,' : l<1DGE , E,,-SE" il , MENT '. \1'-.3..1 1,,4 ~ ' ",ou~ty of \fr~~usc"", T~';~i Cl('(H '~r"1 P'l ~; r OPEN SPACE, DRAINAGE AND FLOOD CONTROL EASEMENT THIS OPEN SPACE, DRAINAGE AND FLOOD CONTROL EASEMENT granted this '"It~ I ", - day of 0(h 6....,--.. , 1980, by MARY V. BLEVINS ~~~, (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE, - .- a municipal corporation, (hereinafter referred to as "The City"); :5 N u ~ ~~ WHEREAS, Grantor is the owner of the following described real ~ property situate, lying and being in The City of Wheat Ridge, .... n County of Jefferson, State of Colorado, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) WHEREAS, The City wishes to purchase an easement for the purposes described herein over, upon, and to said real property described in the attached Exhibit A: (which property is referred to herein as the "Property"); WHEREAS, it is the intent of The City to develoD, construct, and maintain open-space improvements and 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 open-space paths, trails or other facilities, and/or any flood control channels, structures or other improvements deemed necessary by The City to fully and successfully implement The City's Open-Space programs and the Lena Gulch Flood Control Project contemplated by The City. 2. The easement sranted 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 improve- ments, including paths, trails, channelization, embankments, 80080937 ;2 maintenance roads, and other open-space and/or flood control improvements deemed necessary; to come upon the Property for pur- poses of inspecting and maintaining such improvements; and for the purposes of allowing pedestrian traffic upon such property and 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. 3. As consideration for the conveyance herein specified, The City agrees to pay Grantor the sum of $535.00. 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 there contemplated may not be specifically set forth herein. 5. Grantor agrees that she 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 purposes of this Open Space, Drainage and Flood Control Easement. 6. The City agrees that, during the term of this Easement, it shall repalr 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. - 2 - 80080937 3; 198 ~ounll 'ecnrd 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 detri- mental 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; pro- vided 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. """'-<. JL -..:2 THE CITY OF WHEAT RIDGE, a municipal corporation TO" FO~ 3" .....') r " ,"'" lty Attorn By ~--c_t'J 1J / I / ~ t.':' , I /)~ ~,- i:~ ~1 '/ AmEST: \../ . '..: ^ 1 ",) t . STATE OF COLORADO ss. COON~~.OF JEFFERSON Thr foregoing was acknowledged before me this f1ujJ~ ,1980, by Mary V. Blevins~ v My commission expires: My Commission C)'P!i'C, Scptc;::~cr 13, 19:U Witness my hand and official seal. , ~ i ... r: 2.0 day of'" .f , c -.... <. \," . .~' I ("---'" \,,,- ~ ~C--"'V'-_~..... Notary Public oJ. -:In ~'1>''t' - STATE OF COLORADO ss. COUNTY OF JEFFERSON " The foregoing was acknowledged me (jt<q;.~a-t' , 1980, by /?z ~'.. ' j .. . v ? My commlSSlon explres: My Comml~~lnn ryn'.~. l'n".I''' II 1M' Witness my hand and official seal. of " t~~ (~.f ". " , /'/' . " /? .' N~t~';1;p~blif" ~kh~ .} " , -''''r-- \---....,......-- , !, ~ - 3 - 8008093/ 4 A portion of Tract 2, Blevin's Subdivision, Jefferson County, Colorado, described as follows: Beginning at the Southeast Corner of said Tract 2, said corner lying on the West right-of-way line of Kipling Street; thence Southwesterly along the Southerly line of said Tract 2, on a deflection right of 630 56' 45", from said West line, 313.35 feet, to the point of intersection of said Southerly line and the West right-of-way of Kline Street. thence Northerly along said West right-of-way on a deflection right of 1160 03' 15", 37.0 feet; thence on a deflection right of 510 47' 02", 102.05 feet; thence on a deflection right of 80 39' 43", 66.0 feet; thence on a deflection right of 120 40' 02", 32.0 feet; thence on a deflection right of 170 00 I, 25.0 feet; thence on a deflection left of 370 57' , 20.44 feet; thence on a deflection right of 370 42' 43", 72.15 feet, to a point on the West right-of-way line of Kipling Street; thence Southerly along said West line, 17.0 feet to the Point of Beginning containing 7,440 square feet or 0.170 Acres, more or less, Excepted from this acquisition is the 25-foot Lena Gulch Drainage Easement given on the Blevin's Subdivision Plat as filed in Book 29, Page 23 of the Jefferson County Records (approximately 0.153 acres). EXHIBIT A