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Home My WebLink About0052 ~~ - ~~ 0:> i;~~ .~ c:: '~~ .,{J }' I 8102977~ CI I\;R 3() r:1 I: I I,.:) ; ~.', I f -. . DRAINAGE AND FLOOD CON'rROL EASEMEN'r /J~ /~ t THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this day of ---U"k14.c..i:"-<----- 1981, by _Orv:j.lle_~,--.f...Qna_ M._Neel-Y__._______ (hereinafter referred to as Grantor) to THE CI~Y OF ~HEAT RIDGE, a municipal corporation, (hereinafter referred to as "'rhe City"); ~HEREAS, 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, I. 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 survey~ng 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 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 $130.81 4. The Grantors recognize and acknowledge that The City lS 81029779 c currently engaged ~n a city-wide program to construct flood control improvements upon Lena Gulch which would inure 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 (UDFCO) to that end. Grantors therefore agree to cooperate with The City and UOFCD 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. H. 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 - 81029779 contained ~n that certain "Agreement to Convey Easement" executed by the parties on Y\V\cL~ ( ~ If , 1981, shall be merged .3 ~n and shall become a part of this Easement, and shall be binding upon the parties as if set forth fully herein. a municipal corporation THE 'j' ? By ~U' ~ 6.d;t;7'.(. , ~/ "'1 ATTEST: ':\ , / i= -c-~~LLJJ) ~ HCL"YH 7 U Carol F. Hampf, City CI rk 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. ~~:d~ ~~ Notary Public STATE OF COLORADO COUNTY OF JEFFERSON The foregoing was acknowledged before me this 16th day of March 1981 bOna M. Neely , , y My commission expires: Witness my hand and official seal. ,--- '/ ~ ----)~ ~ c.-&:i. Notary Public daJ-L I APPCE~~ 'ro F\(~7 -~. .3 /f-- ~ - /' ^'. . ) .:J.o}1n E. Hayes, City,-Attorney v - 3 - 8/029779 STATE OF COLORADO q COUNTY OF JEFFERSON 'I'he for/egOing Vias aCkn~:~_:21ed, be,f. or:_ m~ t;iS H:~:;~ ", of 'il;-" Ie- , 1981, by, ,,-:~{<,::.A/--d~~..iLdL~C~~~=':;Ji/~/ My commission expires:L Witness my hand and official seal. ./ ----- ( .1.. / l c: ~./ C~~:::I.:-' A u- . ~ c~;'.---'__ . .___~- ----, Notary Public - 4 - 81029779 ~ LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado LENA GULCH DRAINAGEWAY ACQUISITION NO. 2.101.2 PROJECT NO. 732-28.2 JANUARY 11, 1980 SHEET 1 OF 2 LEGAL DESCRIPTION OF LENA GULCH ACQUISTIDrl NO. 2.101.2 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.r~., 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, said Point of Beginning also being a point on the centerline of Lena Gulch, commonly called Dry Creek; thence Northeasterly along the centerline of Lena Gulch as follows: on a deflection right from said West line of 670 22' 30.3", 58.41 feet; thence of a deflection left of 680 07' 30", 153.0 feet; thence on a deflection right of 460 30',25.26 feet to a point on the East property line; thence Southerly along said East line, 193.08 feet to the South property line; thence Westerly along said South line 70.0 feet, to the True Point of Beginning, containing 3,741 square feet or 0.0858 Acres, more or less. Said acquisition is contained in the property described in Book 914 Page 384 of the Jefferson County Records. VIRIGHT- MclAUGHL IN E:NGINE:ERS 2~20 Ale')!! SlrE'ct Denv~r Colorano 80?1! PhO'lC' (30.:1) 4~8-6~Ol 8/029779 b :q, ;\li CO,;,! LENA GULCH DRAINAGEWAY ( FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado tJ I"~~' 4(.,030' ACQUI5/TIOlJ 2..101. 2 JAIJUA\<Y II J 1850 0.0858 AC, SE 1/4 5E //4 5ECTIOI\J 2. I , T 3 S R G, 9 \V JEFFEeSOW COUf-JTY - to 0 0 r()~ 10 lY) ICJ() (5) -IT) c5 c--. lY) 0 - , C\j ~ ~ () -.;;t - o v - Q (() \V 3BHI AVE. --<t BY ~~ 1. f()~ WRIGHT- McLAUGHLIN ENGINEERS :;;>420 Alcotl Street 0(; r!\. t" COIC ra'1o 80='11 SI-lttl '- OF <. Phone (3031 458-6:'(1