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1981 AUF i:3 Ail 10: i. I
County of Jdferson St~ of Co.
DRAINAGE A.1'ID FLCXJO OJNTIDL EASEMENT
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THIS DRAINAGE AND FLCXJD mNTROL EASEMFm granted this
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?'. ~OlA.l-r/, by Marvin H. Radetsky (hereinafter referred to as Grantor) to THE
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~:bF ~~TRIfuE, a municipal corporation, (hereinafter referred to as "The ",
City") ;
h'llEREAS, Grantors are the =ers of t.he following described real property
situate, lying and being in The City of \~eat Ridge, County of Jefferson, State
of Colorado, located at approximately 4685 Harlan Street, to-wit:
(see attached Exhibit A, attached hereto and made a part hereof)
\'iHEREAS, it is the intent of The City to develop, =nstruct, and maintain
drainage and flood control improve~ents on the Property for the general health,
safety and welfare of Grantors and the other citizens of The city of \Ioheat
Ridge;
I\Dh' , 'THEREFORE ,
I. Grantors do hereby grant and =nvey to The City a perpetual easement
to the Property, as described above, for the purpose of authorizing The City to
=nstruct and maintain hereon any flood =ntrol channels, structures, or other
improvements deemed necessary by The City to fully and successfully implement
the Harlan Street Drainage Flocxl Control project =ntemplated by 'I'he City.
2. The easement granted hereby includes, without limitation, a grant of
authority to The City; to cClTle UP:Jh the Property for the purpose of surveying
and inspection; to construct such improvements, including channelization,
Embanknents, maintenance roads, and other flood =ntrol improvements deemed
necessary; to come upon the Property for purposes of inspectin<) and maintaining
such improvements; and for the purpose of allowing any drainage and flood water
to come upon and flON' over said Property; as well as any ot.l-Jer uses not
enun~rated herein which are =nsistent with the purposes of this EaS6nent.
3. As consideration for the conveyance herein specified, The City agres
to Pay Grantors the sum of $25.38.
4. The Grantors recognize and acknowledge that The City is currently
engaged in a city-wide program to construct flcxxl control improvements on Harlan
Street which w::Juld inure to the benefi.t 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 cocperate with The City and UOFCD in any reasonable manner or
l~ans which is =nsistent with the purposes of this Easement, even U10Uqh any
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rarticular use or improvement thereby contemplated my not be specifically set
forth herein.
5. Grantors agree that they shall construct rD improvements or buildings
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of any kind whatsoever, including fencing, on the Property conveyed hereby
without the prior written consent of The City, \lJhich consent shall rDt Ce
unreasonably withheld if the same may be given without endangering the public
health or w=lfare or otherwise imparing the p.lI1X)se of this Drainage and Flcxxl
Control Easement.
6. The city agrees that, ouring the tenn of this Easement, it shall
repair and maintain the improvements constructed upon the Property hereby
conveyed, and The City Shall likewise repair any dama~e which it causes to
Grantors' remaining property during construction or repair of any improvements
made pursuant to this Easement.
7. During the tem of this Easement, the Grantors shall have access to
any may utilize the Property conveyed hereby for any purpose which 1S not
inconsistent with, or v..nich \\QuId be detrimental to, the purpose for which this
Easement is granted.
8. The Easement granted hereby is perpetual, and shall be binding en the
heirs and successors of the parties, and shall become a covenant running with
the land upon its recordation; provided how=ver, that this Easeraent may Ce
terminated only by a writing signed by both parties, or their successors, which
writing shall be duly recorded and shall rDt be effective until so recorded.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to
the foregoing and attached Drainage & Flcxxl Control Easernent the day and year
first above written.
GRANTORS :
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'IRE CITY OF WHEAT RICGE,
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a municipal corporatien
By
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Frank Stites, Mayor
.APPPOVED I'E. TO FORM:
ATTEST:
John
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;e. Haves, Ci tv Attornev ,
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Carol F. !-lampf, City erk" 'I'-
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L/ W ~~/ .:5' E c' T 101/ .2 4,
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T..3 S..) R 69 fo/.
r1ARV I~ H. R!\DETSKY
PERr~ANENT EASE!1ENT FOR DRAINl\GE
DESCRIPTION:
A parcel of land in the NW 1/4 of Section 24, Township 3 South, Range
69 l.Jest of the 6th Principal i1eridian, containin(j 725 square feet,
more or less, and is more particularly described as follows:
The east 5 feet of the south 85 feet, and the south 10 feet
of the east 35 feet of Lot 4 of Ro-Chan Subctivision in Jefferson
County, Colorado.
The above described parcel contains 725 square feet, more or less.
Sheet 2 of 2
TEMPORARY EASEMENT FOR CONSTRUCTION
DESCRIPTION:
81060684
A parcel of land in the NW 1/4 of Section 24, Township 3 South, Range
69 West of the 6th Principal Meridian, containing 3,550 square feet,
more or less, and is more particularly described as follows:
The east 45 feet of the south 95 feet of Lot 4 of Ro-Chan
Subdivision in Jefferson County, Colorado.
The above described parcel contains 4,275 square feet, more
or less, of which 725 square feet is permanent easement.
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