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HomeMy WebLinkAbout0065 City of j -/".7i located rl~ 1.1..' >o~ ~ <- .~, j <~ 00 I. \" , '. 8 106 0 6 8 I DRAINAGE AND FLOOD CONTROL EASEMENT !_S THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this .Mdday of \~At.l u ,1981, by SEVENTEENTH STREET REALTY , j .:J 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 Wheat Ridge, County of Jefferson, State of Colorado, at 4645 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 a I '0 ~ ,068 ~ 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 $72.00. 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- 2- a .1016008:f -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 Control Easement the day and year first above written. THE CITY OF WHEAT RIDGE, a municipal corporation By ~ d -'.~ ,,-JT-;l~_s_ Frank Stites, Mayor 'U~I l')M. "'_1 ;.'\ ,-, ~ 7' I" ,4..... ", , - . . . . ..... ' SEVENTEENTH STREET REALTY CORPORATION, a Colorado corporation - w ,~7 ., " , By i \ (- ~- ' L L--'\..-'-1..... (k 1___ ,. ~ ,"t. ~"~" _,4/,.,".; rt i! :;,1 ,~~ STATE OF COLORADO ) COUNTY OF JEFFERSON ) ss. The foregoing instrument was acknowledged before me this ...1..1l\l(l day of ~~"" _,1981, by Frank Stites, a Mayor, and Carol F. Hampf, as ~ity Clerk, on behalf of the City of Wheat Ridge, a municipal corporation. Witness my hand and official seal. My commission expires :"'$ "U"l;r,... ;: '.'2 , if,1984 pk~~ u.~ .. " . APProVED AS TO FDRM: y -3- STATE OF COLORADO ) . ss. COUNTY OF JEFFERSON ) 81060681 The foregoing instrument was acknowledged before me this 7th day of August , 1981, by Tracy Wilkes as Agent on behalf of Seventeenth Street Realty Corporation, a Colorado corporation. Witness my hand and official seal. My commission expires: July 21,1985 / /-/ '- Notary Public -4- - '1 '/ ') .:.J (' ,~ "~' .. 4..... ~ - " ~ -~ -. ,~ '-. ~ " ~.. ~J ,~,:_ Q M ~ .d ~I I tf EXHIBIT "A" B I 06068 I o 17TII 2T REALTY COR.PORATIO~ ~ /l/?T/-I!//? C. JOh'U60U /=Oi/,ijDAT/O"u s / '/ /, / / / /// /// / /// / / / / / // ////// // // ///// /// / / // / / / / / // ~ ~ .5' E C. '-'-"- ----___,.:L. LIL/E 17ARLAU 57: S; , ~ I I@ I ' --- ~;z '-:'~!T" -6CALc: /"~ 20' 20' ~ CITY Or vVI/E4/ RIDGE .IIW)/, 6ECT/Od 2'~ T 3.5., /? 69 W 17 th STREET REALTY CORPORATION and ARTHUR E. JOHNSON FOUNDATION PERr1ANENT EA~Er1ENT FOR DRAINAGE DESCRI PTION: A parcel of land in the NW 1/4 of Section 24, Townshio 3 South, Range 69 West of the 6th Principal Meridian, Jefferson County, Colorado, containing 400 square feet, more or less, and is more particularly d2scribed as fo11O\./s: The south cO feet of the east 20 f'22t of the tract of land desui he'd as "Parcel 3" in Book 1537, at Page 183, of the records of Jefferson County. The abovD dpscri bed paree 1 contai ns 400 squar'E' feet, 1I10re or less,