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Home My WebLink About0048 \)0 8\0\9528 {, 'W~E,"~\~, Y..:D""E 1 E,',E" II , MENT 1. \.Ltl.j \,,- ./ \0 DRAINAGE AND FLOOD CON~ROL :B~SEMENT THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this _2 ct,__ '5' .,- ~.1-1 ! day of _~_~~~_~_____ 19 31 , by ;1JaJ."f]lrd 11. and oJ osepJ j ~. Easler (hereinafter referred to as "Grantors") to THE CITY OF ~HEAT RIDGE, a municipal corporation, (hereinafter referred to as "The City"); 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, 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 surveY1ng 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 used 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 :;.2IJ 4. The Grantors recognize and acknowledge that The City 1S 8 " , ~I :- r) () " i U currently engaged ln a city-wide program to construct flood control improvements upon Lena Gulch which would lnure 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. 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 writing signed by both parties, or their successors, which writing shall be duly recorded and shall not be effective until so recorded. 9. Notwithstanding any other provision hereof to the contrary, each and every representation, agreement, and provision - 2 - 8\ l I :""\ r r'I n " : : ' I U "-- I V "I L.. contained in that certain "Agreement to Convey Easement" executed "7 ' 1 by the parties on ___~, ~ZIL.~____~__,__, 19,y/, shall be merged in and shall become a part of this Easement, and shall be 3 binding upon the parties as if set forth fully herein. l; ~ ~.... . JlI"- '_j-42c_'jJ((ccCJ .' ~ ~t.__~i?1{4:::____ ~~ OF WHEAT RIDGE, 'I' '" ~ ~." '" Po' ~ g " .... , .. ,-..... -'" : -;.J'I ":J" " ,. v .... --~'l a municipal corporation t~ : ... l,A , (-~- '.~ '"il' r,- 'II.. .., ','p . . . - b'r'r g~::0" A '~". ~- ;;; ~ ---..,.~ -,"'- J 'r: c{'<'(", /0v/~ ----- ----~,- ------------ Carol F. Hampf, City Clerk By,_____.:...~a.~L ~.ky~ STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this ~~, day ot /7' /' ,~ /. ':' ~Zi #/ _2L~j;.L..!:..~' 19?/, by -Z4!0!*ti~~~4-aE/:.-/,-L~', T I~,.. ,A' (t (t; ~'/.. i .',i:" , My commission expires:" -rt~:-{L -" .. (e'c <:-t!'[ c j " '\ ~ ..j .;cT.J.~::-s."';~ [/i~~,"~" !'"".."......R,~ ],. .(\ : -';>', ~"II.d... .'" ..84 \Vitness my hand and official seal. ' '.. ..' , " .. / ~...... L/ '\i ~>: ( v-/C'!fP _~::".~...e ~~""=-<::::':..~...2.-,, ~, Notary Public STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was aCkn,ow,ledged beFore" me this "..!Z!.,c7'-t~_ daY~Of ," 1 ;-/ / t-/ ~ '/' / '--,.C)::'" /? / ~_.J.a.t.L L-/ , 19!i.L, byc~,{ ZJ.Jft}~c-..::~ _::'_ 'y _Ld~~~~~lir;~ My commission expires: witness my hand and official seal. ,..~' \;..v . / 1....1 /--.....-." (/' , .. / "v",?.;:~ 'c......-~.-1':.e.e'./I-(....k --, , , ~-~_._-----"~_._--~._-- ---~-........--~ Notary Public , I "~ / APP~V.....ED AS;:o FORl'1 - ~.J-~-------~-------- JOHN E. HAYES, CIT~ ATTORNEY - 3 - LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado ACQU\S\TIO~ 2.10.3 JAllUARY \\ I 1980 0.435 AC. SE 1/4 SE '/4 5t:C.iIOtJ 21 j 1"35 R &;9W JE.FFE'KSD~ COUWTY WE5T 38if-l AVEWUE By~~-r~~~ WAIGHT- McLAUGHLIN ENGINEERS ~ 1"=50.(,,' - () OJ "<! o -..:. \.'3 - o o to :.I.C: 12.0' \TKUE Po \ t-jT OF BEG\Ul>J\N~ o cO 8(0'" 30', l- uJ W Wei WI-- -'01 :J C':J c.~ -' ~ E CO~\JEK WY,-, 5 E. ,/<," ~E'I4. SEe 21 I T3S R~!3W ?420 Alec:t Slreel Denver Col0 ado B021: S',..\'2.t':, "Z.. 0 F "2- Phone (303) 4:',8-0201 -; ~J o ;; ~~'=>!Br_rl 1Ij-~" LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, r ) LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.103 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 Colorado ! ~'~ LEGAL DESCRIPTION OF LENA GULCH ACQUISTION NO. 2.103 A parcel of land located in the West 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 21, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, described as follows: Commencing at the Southeast corner of said West 1/2; thence West 120 feet; thence North 30 feet to the True Point of Beginning, said point lying on the North right-of-way line of West 38th Avenue; thence West along said North right-of-way line 31.0 feet; thence on a deflection right of 960 30', 61.0 feet; thence on a deflection right of 110 15',149.0 feet; thence on a deflection right of 410 35' 35",114.70 feet to a point 291 feet North of the Southeast corner of said West 1/2 Section 21; thence South 143 feet along the East line of said West 1/2 to the property corner, which lies 148 feet North of said Southeast corner; thence Southwesterly 137 feet along the property line to a point 120 feet West and 80 feet North of said Southeast corner of the West 1/2,Southeast 1/4,Southeast 1/4,of Section 21; thence South 50 feet to the True Point of Beginning, containing 18,973 square feet or 0.435 Acres, more or less. Said acquisition is contained in the property described in Book 866 Page 502 of the Jefferson County Records. WRIGHT- MCL/\UGHLJN ENGIN!::.ERS 24"0 AICO:! Street Denver COloradO 80711 Phr.ne 13D3} 4~9-6201