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HomeMy WebLinkAbout0051 b o \}' f" . (' , ~ L .-- r "" ,,~ _ _1, _ ~, ...._ DHAINAGE AND FLOOD CON~HOhEASEMEN~ day THIS DHAINAGE AND FLUDD CON~ROL EASEMENT granted this of --J 11 al.-(J~.-_ _. l~(jl, by .__fuYille..G....&.Ona.ll.._K.eEly ~~/- ~ (hereinafter referred to as Grantor) to THE (I'lY Of dHJ::i\T JUDGE, a municipal corporation, (hereinafter referred to as "Toe (ity"); dlJEl<EAS, Grantors are the mIners of the following descr ibed real property situate, lying and being in Toe City of dheat Ridge, County of Jetferson, State of Colorado, to-wit: (see attached Exhibit A, attached hereto and made a part hereot) ~!J::HJ::Ab, it ~s the intent of The City to develop, construct, and maintain dr~inage and flood control improvements on the Property for the general health, safety and welfare ot Grantors and the other citizens ot The City of ~heat kidge; NUiI, 'rllJ::l{EFOHE, 1. Grantors do hereby grant and convey to The City a perpetual easement to the Property, as described above, for the purpose ot 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 Gulcn Flood Control Project contemplated by The City. i. The easement granted hereby includes, without limitation, a grant of authority to The City; to come upon the Property for the purpose ot survey~ng and inspection; to construct such improvements, including channelization, embanKments, maintenance roads, anli other flood control improvements deemed necessary; to come UpOll the Property for purposes of inspecting and maintaining such improvements; and for the purpose of allowing any drainage and tlood \va ter to cOlne upon and tlow over said Property; as well as any otner use 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 ;;54.89 4. The Grantors recognize and acknowledge that The City ~s ~ ~. f' I I , , r r-:!2'-- h,-C,C -- currently engaged in a city-wide program to construct flood control improvements upon Lena Gulch which would ~nure to the benefit of Grantors and all other citizens of The City of Wheat Ridge, and :2- 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 UOFCO 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 imparing 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 - ,~ ~ " '-' '- j L.. I .J contained ~n that certain "Agreement to Convey Easement" executed by the parties on n-\ 11~\ L~ IV' , 1981, shall be merged in and shall become a part of this Easement, and shall be binding ~ upon the parties as if set forth fully herein. '^, THE CITY OF "- a municipal corporation 4 . 'J a- By '-::;/ A (, ".t. .t", -1J'l~;' ATTEST: .. ~ I 1 -&~(<'CL/,~/ 1b~1:' Carol F. Hampf, City C erk ---- STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this 16th day of March , 1981, by Orville Neely My Commission expires: Witness my hand and official seal. - >, Hr-"I/. v- " r' d~k ,.~ - \.' ' ~ud:, Notary Public i' " l STATE of COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this 16th __ day of March, 1981, by Ona M. Neely My commission expires: ~~t~ess my hand and official seal. ~ '" ~ ~ /,,~~ ~ I Ki~ Notary Public ) \.... ~ APProV~D~S~O FORM: \' ) / ~ (. / '0"-_.--' - / '\ John E. Hayes, CltY,Attorney - 3 - STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this ..l/)d__ day of _.~~_'~~c.~_, 1981, by _;:;;.-;::, i/'~~7. ~0'-!_ ,:<-.'-.; ~'.' :~_--t ~/- My commission exp~res: " ~ ~ ~ ':: L ;~4 witness my hand and official seal. , . i ' --- , ,. 'J"'/' ",' , ' ~. L ~o L '-'- -~- ~ Notary Public - 4 - q ~, .1 , --... < . v 5' LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.101.1 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 of 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 2.101.1 A parcel of land located in 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 Southwest corner of the East 1/2 of said Southeast 1/4, Southeast 1/4; thence Northerly along the West line of said East 1/2, 170.0 feet to the True Point of Beginning; thence Easterly along the North property line, 70.0 feet; thence on a deflection right of 1470 15' 59", 83.22 feet to a point on said West line; thence Northerly along said West line, 45.0 feet to the True Point of Beginning, containing 1,575 square feet or 0.036 Acres, more or less. Said acquisition is contained in the property described in Book 608 Page 100 of the Jefferson County Records. WRi(iHT- Mcl4UGHl IN rNGI~~Erns 24:'0 Alec.!! Street Denver COIO'ddu 80211 Phone (303) 458-E,)2~ ~ LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado ACQUISITIOtJ 2 \0\.\ JAtJUA,K'Y \ \1 1980 0.03'" AC. TR.UE' POlt-..\T OF' BEGIN~It...l~ ~ 70.0' 1470 IS' 53" ~ o \[) (j) o C) ~ ~ 1"=50' C) r() \Y. 36 TH A. \IE. 5E '/4- SE //4 ~EC TIOhl 2.\ I T3S R G9\A! JEFFE~sor-J COUNTY BY ~~)_m~~ 5f.leeT 't. o. "l.. WRIGHT- McLAUGHLIN ENGINEE"RS 24?O A:~')t S"l"E" Oe~~f-' :()::: :1'-1(' 80 11 Pro:)"e 11::....' 4:;8-62:::'