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HomeMy WebLinkAbout0047 o' , ,.. 8 I (,~ 0 I i'1 t") I l.' l. "'" ,~'" J ' ~ , ' I. ~ h"oit ,_.f. -iJ i.1 ~. "... {WHEAT f i{~DGE , l,;ASE ~T ,:OJ JlIty of Jefferson Stile ,;; , /- /, DRAINAGE AND FLOOD CONTROL EASEMENT THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this 28th day of AUQust , 1980, by EJGIL T. JENSEN and ELVIE H. JENSEN (hereinafter referred to as "Grantors") to THE CITY OF HHEAT RIDGE, a municipal corporation, (here- inafter referred to as "The City"), \VHEREAS, 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, to-wit (see attached Exhibit A, attached hereto and made a part hereof by this reference) WHEREAS, the City wishes to purchase an easement over, upon, and to said real property described in the attach- ed Exhibit A. (which property is referred to herein as the "Property"), 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 vmeat Ridge, NOH 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 thereon any flood control channels, structures or other improve- ments 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 con- struct such improvements, including channelization, embankments, maintenance roads, and other flood control improvements deemed 81001039 ~ necessary; to come upon the Property for purposes of inspect- ing 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 enu- merated 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 $7,400.00. 4. 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 un- reasonably withhold if the same may be given without en- dangering the public health or welfare or otherwise impair- ing the purpose of this Drainage and Flood Control Easement. 5. The City agrees that, during the term of this Easement, it shall repair and maintain the improvements con- structed 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 im- provements made pursuant to this Easement, however, this indemnity to the Grantors is neither a grant or right to go upon any of the remaining property of the Grantors nor a limitation on any other remedies available to the Grantors for trespass and other damages. 6. 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, and the Grantors shall be entitled to use said easement for qualification for any open space require- ments of The City upon development of the remaining property of Grantors. -2- 8\00\039 CO! 7. The Easement granted hereby is perpetual. and ~ shall be binding on the heirs and successors of the parties, and shall become a convenant 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. 8. Notwithstanding any other provision hereof to the contrary, each and every representation, agreement, and provision contained in that certain "Agreement to Convey Easement" executed by the parties on the 11th day of AUCJust , 1980, is incorporated herein and shall become a part of this easement and shall be binding upon the parties as if set forth herein in full. // f '<~d Ej gi)' T . / , :. L It I';' I J en's en EL1~ie If Je~sen j \ ,I' STATE OF ) ) ss. ) THE CITY OF WHEAT RInGE:, J'h': a municipal c:prporati.pt\;..' /"../ p " , 'o' .,' '" By: /fL 'l ( /1..([<: "LA j)1t1~r; (~"'t7l' t .r,.. '. ~J., .I, , APPRO AS"A'O F~Rr1: ". '..:;. \: ' ,..r ~'"'.:_"'" <I. ..... -- - , r '/f~.lL.~,"~ ATTEST, '. - ::. (. \..l Carol F. ",>/t/~" 1 Hampf, ' 'i'ty COLORADO Clerk COUNTY OF JEFFERSON :d a}f ,R:f ~,"J;oosejtt' "' ,;:,,_ ~...... 0- ,." ~q.~ "('t" .~. ~ ~ .~. .', . '.0 /" :\'f\,r ,". 'My commission expires: !;1 f \ ,'~ ~... ~ IJ"., '"', ,;. 'OWitness my hand and official seal. ~ .....~., _~.",f..,... \ . IJ -(f) The foregoing was acknowledged before me this ,~J' (C'"'-:=jl.(.:d~ ,1980, by Ejgil T. Jensen and Elvie H. t.. 9, "2 81 STATE OF COLOP~DO ) ) ss, COUNTY OF JEFFERSON ) -If ';0. LEA CA...- J 1) Notary Public r" c I.. ,{j , Ie ( ( r .' .. ~ " ~ \ ' -. v i~' L ~ \~ day of City Clerk. The foregoing was acknowledged before me this 29th AuclUst , 1980, byK,;I, Lewis,r~ayor Pro-TefTI &Carol F.Hampf, "W' ",.' OClV<.;O)O My commission expires~;:JCo,'r"..c:;; ,"',' '" ,je; ,<: ~"'. ~ " . , ....' Witness my hand and official seal. (-') ~.~ \", Notary' ~1.c -3- " 0..:' "-.:1 \ t,:_ \ " \f'\,........ t\.'t.' u ~ \ /) '. t "-, J,:'- I :LS !jUt dOt I~ .....s . ;J "Il .' I_C. I ! .' .. 0. .. ,., ,~ "~ .10'" I .. 0. z_ + "~ " ".. 0 '1 " uz 0 ...~ u .... .; ..u .. t :! .. ..... 1! - ..... , 1 . .. ." , . .. ... ..... .. .. .. ~ ! .. \0 .. . ,pH "- .' ... .. ~ ~ .. .. .. .. !i: .. ": .. , ,p.. ,a'.,. 0 , ! ! -- ;; ~. ~ .t ... ... .. ~ -- ... .. .. 0 } ... .,; ! .. oi . ':i - oi .; -- . -.; ....1. .0.' - .. . t..i -:': . .. i ::> ... .. ... <: 70 :> . .. ~ .. ! ... ! . ~ .. :> '" - z l- :; '0( :> '" ~ l- ,"'" .., ..... .. 0 ~ \. ..... .. . ... ... .. ~ w l! ! 0 . ~ 0 '" .. .~t .0"" :> ., z :> '~ ~ .. ~ ." ... ,U. .~ .. ~ } .. ,.. .... 9 ~ ~ ". ! , XHIBIT A --~.._- !_~~="""","ll.""..__", __ - - ~ - LlUJ,.'t l- '.IUQI I f1 ~ \ Q 0 i Ci J Co t property is located at the southwesterly corner of l(~pting nnd West 41st Avenue within the city limits of Wheat Ridge, Jefferson County, Colorado. The property is legally described as follows, to wit: Lots 23 and 24, Green Valley Subdivision, Jefferson County, d Colorado. T -, ~ ~ .t. ~ z 0 - en ~ > ... ... D!. 0 ~ m ':' ::> >' (/) J .. Z >- 0 0- W U ... -.J 1/1 -.J - <t ~ > .... ~ Z - >II W - W '" 0:: C> E .....! (1 .} I ;; " o .. u .. .. o w .. ?: o '" :> III " :> . ;) .-; ::; .ENA GULCH "..,.., f)( hA l i 1 . G:> 'B DRAINAGEWAY :::; ~OOD CONTROL ::::> IMPROVEMENT PROJECT City of Wheat Ridge. Colorado ro '"" ,. LENA GULCH DRAINAGEWAY ACQUISITIOtI NO. 1.106 PROJECT NO. 732-28.2 . MARCH 13. .1979 SHEET 1 OF 2 >, .' LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 1.106 The following portions of lots 23 and 24. Creen Valley Subdivision. Jefferson County. Colorado: '. the South 25 feet of Lot 23 the South 25 feet of Lot 24 Containing 5.875 square fe~t or 0.135 acres. more or less ~ ~ Revised June 11, 1980 Revised September 5, 1979 . r t.lClt.;Li"ti ~:O'Jn~ .Er\AA GULCH DRAINAGEWA, 6 , n\OG\D~9 ;LOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge. Colorac . 'AC.QU\5\TlO'N \.\0<.0 M~ec.\J. \~. \e19 RE." lSeD 5EPl: 5, '980 t2.E"\~E. {) -lUt.JE. \\} l~8o 0.135 Ac-. .. z .._.,..1 "' , ,'.' WE&;.T 41 ".:>T Av~t-..!Ue i- n! 111 I\l ~ ~ "1 -1 ~ ~ . " ~f2.EEI'- yt>-L,LEj ~U f? OJ '" 1'710 t-...J . 'Z~ z+ . - - ~ - ,-- <:) ~ l(t N lfl N , J:tlS'4 ""6E, '4- '~Tloi-l z..1 .,.~ ----, " -p;~ R(P9 W w1F-rFE:g.4o~ c.vuNTJ .L,l..,t:>'jO.o'"~ -" ~-_.-~" /1 l? '}; \)1,/ AGENDA ITEM 6 CITY OF WI-tEAT RIDGE \ ~/ "" 1~ JUN 16 1980 MEMORANDUM To Tom Palmer, City Administrator From Jon Rollow \L Subject Lena Gul ch - J ens en Date June 11, 1980 Approved Date City Staff and the Mayor have negotiated the following agreement with the Jensens, who own needed property at the Southwest corner of West 41st Avenue and Kipling Street: The City will buy in fee title from the Jensens a parcel of land 25 feet by 235 feet (5,875 square feet) for,5 The land will therefore cost $_____per square foot, t~e value asslgned to the land by the appraiser Blaine Chase. ~ Suggested Motio~: I move that the Jensen property be purchased for the 7 , Lena Gulc~ pro~ $ /~I 53!: and charged to Account 1!31-302-800-833. /'It)'! ro ~UUl d emh cc: Charles Stromberg 6-- 0 ~ C9 CITY OF WI-IEA,. RIDGE - MEMOHANDUM To Tom Palmer, City Administrator From Jon Rollow jC Subject Lena Gulch - Van Hooser Date June 11, 1980 Approved Date David Van Ilnoser, negotiating on behalf of his mother, the property owner at 4100 - 4154 Kipling Streot, has agreed with the City to the following arrangement: ~" "1. Van Hooser will sell in fee land (134,488 square feet) on the w;cstern end of the property needed for Lena Gulch for $ including $ in damages to the remaining Van Hooscr property. 2. Van Hooser will sell to the City a construction easement (17,615 square feet) needed for the Lena Gulch project for $ 3. Van Hooser wi 11 sell the City in fee the 1.12 acres initially requested by Open Space on the eastern end of the property except for 4,500 square feet in the southwest corner of the take, measuring 90 feet going north from InJcpendence Court and 50 feet wide. This easement is a new item in the deal with \an Hooser, It is necessary because once the land is bought by Jefferson County Open Sp<l~e, Open Spac~ cannot allow an easement or right-of-way on the land for a non-Open Space pur~ose. V~n Hooser will need access into his mother's property from Independence Cou.ct for potential deveL)pnient of the property. Und'2r the easement arrang~nent with Van Hooser the City gains a needed access to the footbridge over Clear Creek, Van Hooser gains access into the developable portion of his property, and the City saves S If the whole parcel on the eastern end is taken in fee it costs $ Now, with part cf the take as an easement, the price is $ (the easement portion being worth $ ). 4. The City will construct a fence from the south bank of Clear Creek up to the existing fence on the Van Hooser property to buffer \an Hooser from the proposed foot path leading to a footbrid~e over Clear Creek, The sales contract also calls for the City to make needed modifications on the pro~erty dealine; "lith a ,veIl, irrigation crossing, embankment enlargement, fence on the ~estern side of the property, and service line relocation. Th~se construction items were taken into account in the appraisal of the property. ~ j\f\ ~~ste_(~~!oU..<:'..~: I move that portions of the Van Hooser property for Lena GU}5;!I storm drainage and Open Space purposes be purchased $ ;JC/,{) If!! and charged to Account 1131-302-800-833. emh cc: g- --- {} needed ,/ for Co/ r~ ~ It , -~~' Charles Stromberg