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Home My WebLink About0063 1> o ?\ . ~ f~ ~'~ .~ '\ ._~ f ~i~ n.:: ,', ~,' .... 81060683 County of JGffcrsc~ Sta:e of DRAINAGE AND FLOOD CONTROL EASEMENT :HIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this r~ ,-. 1 ~day of '---/"A-~L , 1981, by SEVENTEENTH STREET REALTY .> 0 CORPORATION, a Colorado corporation, (hereinafter referred to as "Grantor") to THE CITY OF WHEAT RIDGE, a municipal corpora- tion, (hereinafter referred to as the "The City"). WHEREAS, Grantor is the owner of the following described real property (the "Property") situate, lying and being in the ..;. City of Wheat Ridge, County of Jefferson, State of Colorado, located at 4690 Harlan Street, to wit: (See Exhibit A attached hereto, made a part hereof and incorporated herein by reference.) WHEREAS, it is the intent of The City to develop, con- struct and maintain drainage and flood control improvements on the Property for the general health, safety and welfare of Grantor and the other citizens of the City of Wheat Ridge; NOW, THEREFORE, 1. Grantor does 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 Harlan Street Drainage Flood Control Project contemplated by The City. 2. The easement granted hereby includes, without limi- tation, a grant of authority to The City; to come upon the Property for the purpose of surveying and inspection; to construct such improvements, including channelization, embank- ments, 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 <' 2--j30HI 1- 1 81060683 t COUl and flow over said Property; as well as any other uses not ~ enumerated herein which are consistent with the purposes of this Easement. 3. As consideration for the conveyance herein speci- fied, The City agrees to pay Grantor the sum of $9.00. 4. The Grantor recognizes and acknowledges that The City is currently engaged in a city-wide program to construct flood control improvements on Harlan Street which would inure to the benefit of Grantor 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. Grantor therefore agrees to cooperate with The City and UDFCD in any reasonable manner or means which are consistent with the purposes of this Easement, even though any particular use or improvement thereby contemplated may not be specifically set forth herein. 5. Grantor agrees that they shall construct no improve- ments 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 Ease- ment, it shall repair and maintain the improvements construct- ed upon the Property hereby conveyed, and The City shall likewise repair any damage which it causes to Grantor's remaining property during construction or repair of any improvements made pursuant to this Easement. 7. During the term of this Easement, the Grantor shall have access to and may utilize the Property conveyed hereby for any purpose which is not inconsistent with, or which would -2- 81 tl $0 ~ 8 :3 -3 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals to the foregoing and attached Drainage and Flood' ,Gontrol Easement the day and year first above written. Attest :: THE CITY OF WHEAT RIDGE, a municipal corporation ~ ---" -/ -7 U~; #:/ -:1::z/v;/ Carol F. Hampf, City Clerk By ~ r'/ '~/A/t 'L i.,r::L:t::lL--- FranK Stites, Mayor SEVENTEENTH STREET REALTY CORPORATION, a Colorado corporation / ) / c By L/\....-v{/C~ j STATE OF COLORADO ) . COUNTY OF JEFFERSON ) ss. ~ ~The foregoing instrument was acknowledged before me this ~Jday of JlA\>.t, ,1981, by Frank Stites, a Mayor, and Carol F. Hampf I as (;ity Clerk, on behalf of the City of Wheat Ridge, a municipal corporation. Witness my hand and official seal. My commi s s ion ex pi r es: My Commission CX~J[16S February 1'7.1984 APProVED AS 'ID FDRl'1: a..~ ~ ~~~ ~ tary Pu i , ~: . //-.-, /<~ .:.-:--., """ t /~ r ( ~ /c.. ~-..u_-,,----__ Jot\rt E. Hayes, City Attorney) , '.~ // ,/ -3- STATE OF COLORADO COUNTY OF JEFFERSON ) ) ss. 81 ~ ~ 0 ~ ;8 :a I The foregoing instrument was acknowledged before me this 7th day of August , 1981, by Tracy Wilkes as Agent on behal f of Seventeenth Street Realty Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: July 21, 1985 Notary Public . , ,." .J ."~~. ~ '" ? ':~,;H(.; _f~ -4- BI0t5tJn8j e / o /7 TIJ STREET AR Tltt//? E t./OIl,VSO,l/ REAL. TY CORP I rOL/f///A T/Ol./ 5 I7ARLAU .5'7: SIll Z .5"A LE: I" = 10' f/~9056'E ~ /.50.CN'c R--- " ~- ~ I. /0 ' ~ co' ~///// /////////////!t53~9/f/i;f///L//// BIf. /S37 P~. la 1 ... lo) I ~ . TOW,U O,F LA/(,ES/I/E ,UE ?'''I, .sEe TIO'/'/ 24, T.3 5.1 , ; , \ [ I- i: r R 69 h/. 17 th 5T REET REAL TV CORPORAT ION rmd ARTHUR E. JOHNSON FOUNDATION PERllANENT EA5Et1ENT FOR DRAINAGE 8~ginning at a point on the east right-of-way line of North Harlan Street, which point is 2,013.19 feet north of the south- west cornet' of the tl'act of 1 and descri bed as "Parcell" in Book 1537 at Page 181, records of Jefferson County, from whence the center of Section 24 bears 5.1036'26" \'/. a distance of 2,054.07 feet; ~' I i r I f (, I I'. i; r t l ~ ! , DESCRIPTION; A Parcel of land in the NE 1/4 of Section 24, Township 3 South, RaQge 69 \.Jest of the 6th Principal Meridian, Jefferson County, Colorado, containing 50 square feet, more or less, and is more particularly described as follows; , i r, t r. . 1. Thence N. 00 04' W. along the east right-of-way line of North Harlan Street, a distance of 10.00 feet; f t t l ~. r"\' ,-'" I' '....11 ) ,. .. ; ,~~~,j .~c., :::: )tii prlr. ~ ,~. j'~).~ ~-:~.,,).- (~!-~.\' ~ f" ,. '"; "'-" ': . ~.I ~ ,~. . .... ~. I r", :.... !:, 1.-\0 ~', I ~~'!' '; \~~'" ";G :~, (...:c' ~".....h.~t\~-" \\i\:.:..,''''t I d~.. , H'vV~3" ",,1..,)\.1"'; Sheet 2 of 2 2 . Thence N. 890 56' E. a di stance of 5.00 feet; 3. Thence 500 04' E. a di stance of 10.00 feet; 4. Thence S. 890 56' !~ . a distance of 5.00 feet, more of 1 ess, ~ to the point of beginning. The above described parcel contains 50 square feet, more or less. TEMPORARY EASEMENT FOR CONSTRUCTION DESCRIPTION: A parcel of land in the NE 1/4 of Section 24, Township 3 South, Range 69 \~est of the 6th Principal r~eridian, Jefferson County, Colorado, containing 150 square feet, more or less, and is more particularly described as follows: Beginning at a point on the east right-of-way line of North Harlan Street, which point is 2,013.19 feet north of the south- west corner of the tract of 1 and described as "Parcell" in Book 1537 at Page 181, records of Jefferson County, from whence the center of Section 24 bears S. ld 36' 26" W. a distance of 2.054.07 feet; 1. Thence N. 00 04' W. along the east right-of-way line of North Harlan Street, a distance of 15.00 feet; 2. Thence N. 890 56' E. a distance of 10.00 feet; 3. Thence SOo 04' E. a distance of 20.00 feet; 4. Thence S. 890 56' W. a distance of 10.00 feet, more or less, to the east right-of-way line of North Harlan Street; 5. Thence N. 00 04' W. along the east right-of-vlay line of North Harlan Street, a distance of 5.00 feet, more or less, to the point of beginning. The above des cri bed parce 1 con ta ins 200 square feet, more or less, whi ch contai ns 50 square feet of permanent easement. E~H/~/r A M co ~ o '-C '0 /7 TH STREFT ARTJlUR E -1ol-!/vSuN I RFALTY CORR E I FOUNDA T/ tJN co 7 --.r- "ZZ. - ~ .s-CAL E.: I" ';" It:) I /'/89"'56/E f ~D5(,IW R 5 oa04/E 'Lii ex /537 n--- I PC[ /8/ '- \ ' / 1 :5. W Col?NER ~ '" \..1 ~__o~P~y I UlkES/~ (" ~ /VOo04IW _A_~L 4au"J --"l~ p-ID~ ) 1736.80'-- -Ti ~ 201 ~ -liIo"04/W -.0 .!LL::::t:/' // v//////////.////~ //////[/////////// ~ IIAI?L41V 57 !4 :SEc. LINE -- ?,y CE/.!Tt"R S. ' ~CTlDN24 T 3:>,/ J?~~W- TOWN OF LAKESIDE NE 1/4. SECTION 24, T3S, R69W 17 th STREET REALTY CORPORATION and ARTHUR E. JOHNSON FOUNDATION PERY~NENT EASEMENT FOR DRAINAGE LEGAL DESCRIPTION A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 24, TOwr;SHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P.M., JEFFERSON COUNTY, COLORADO CONTAINING SO SQUARE FEET, MORE OR LESS, AND MORE I'AHTTCULARLY DESCRIBED AS FOLLOWS: COMNENCING AT TllE IN7ERSECTION OF THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET AND THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 44TH AVENUE, SAID POINT BEING 40.00 FEET NORTHERLY AND 60.00 FEET EASTERLY OF THE CENTER OF SECTION 24, T3S, R69\~, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF A TRACT KNOWN AS LAKESIDE SHOPPING CENTER; THENCE NOO'04'00"W ALONG THE EASTERLY RIGHT-Of-WAY LINE Of HARLAN STREET A DISTANCE OF 1,736.80 FEET TO TllE TRUE POINT OF BEGINNING' THENCE NOO'04'OO"W AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF IV\R:LJu'l STREET A DISTANCE OF 10.00 FEET; THENCE N890 56 I OO"E A DISTA,,,CE OF 5.00 FEET; THENCE SOOo04'00"E AND PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTk'lCE Of 10.00 FEET; THENCE S89'S6'OO"W A DISTANC2 OF 5.00 FEET TO A POINT ON SAID EASTERLY RIGHT-Of-WAY LINE OF HARLAN STREET AND THE TRUE POINT OF BEGINNING. LEGAL DESCRIPTION - CONSTRUCTION EASEMENT A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 SOUTH RANGE 69 WEST OF THE 6TH P. M., JEFfERSON COUNTY, COLORADO CON- TAINING 200 SQUARE FEET. MORE OR LESS, SO SQUARE FEET OF ~IICH REPRE- SENT THE PE~'lENT EASEMENT, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION Of THE EASTERLY RIGHT-Of-WAY LINE OF HARLAN STREET AND THE NORTHERLY RIGHT-Of-WAY LINE OF WEST 44TH AVENUE. SAID POINT BEING 40.00 FEET NORTHERLY AND 60.00 fEET EASTERLY OF THE CENTER Of SECTION 24, T3S, R69W. SAID POINT ALSO BEING THE bOUTHW~ST CORNER Of A TRACT KNOWN AS LAKESIDE SHOPPING CENTER; THENCE NOOo04'00"W ALONG THE EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 1,731.80 FEET TO THE TRUE POINT OF BEGumING; THENCE NOO'OI,'OO"W AND CONTINUING ALONG SAID EASTERLY RIGHT-OF-WAY LINE OF I~LAN STREET A DISTANCE OF 20.00 fEET; THENCE N89056'00"E A DISTANCE Of 10.00 FEET; THENCE SOO'04'00"E k'lD PARALLEL TO SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET A DISTANCE OF 20.00 FEET; THENCE 589'S6'00"W A DISTANCE OF 10.00 FEET TO A POINT ON SAID EASTERLY RIGHT-OF-WAY LINE OF HARLAN STREET AND THE TRUE POINT OF BEGINNING.