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Home My WebLink About0103 ('<) CO en ~ ~ ( J' e3075687 .983 A~ ao fJI 2' 49 iEf h_K~{.li t'lHlHU . caUl, aim tf LJRAINAGE AND FLOOQ.._CONTHOL_EASt;.~lENI THI~A IN AGE AN D FLOOD CONTROL EASEMENT gran ted day of -ALf..*-__ 1983, byBEVERLY R. THYGESEN referred t' as qfrantors) to the CITY OF WHEAT RIDGE, corporation, (hereinafter referred to as the "City"); 3'f~ this I - (here inafter a municipal WHEREAS, Grantors real property situate, County of Jefferson, Street, to-wit: are the owners of lying and being in State of Colorado, the following described The City of Wheat Ridge, located at 3700 Parfet 00 U:> C) -.J U'1 en 00 -.J (see attached Exhibit A, hereof) attached hereto and made a part WHEREAS, it is the intent of The City to develop, construct, and maintain drainage and flood control improvements on the Property for the general heal th, safety and wel fare of Grantors and the other citizens of the City of Wheat Ridge; NO \oJ, THE R U' 0 R E , c 1. 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 surveying 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 j 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 fIVE THOUSAND FIVE HUNDRED and no/l00 ($5,500.00) DOLLARS. 4. The Grantors recognize and acknowledge that the City is currently engaged in 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 (UDFCD) to that end. Grantors therefore agree to cooperate with the City and UDFCD 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 impairing 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 easemen t. 83075687 7. During thp- term of this easement, the Grantors shall a c c e s s to and ma y uti I i z e the pro per t y con II eye d her e by for purpose which is not inconsistent with, or which would detrimental to, the purpose for which this easement is granted. ha ve any be c:2 (\. The easement granted hereby is perpetual, and shall be binding on the heirs and successors of the parties, and shall become a cOllenant 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 and seals to the foregoing and attached Drainage Easement the day and year first above written. set their hands & Flood Control GRANTORS: ~ /I ~-., ~,{~~:d7-~-" !.-17:9~'-"- ) v ! THE CITY OF WHEAT RIDGE, a municipal corporation ..--- ( '1. By Vd'<' ,;; ~ .{. /1Z-, Frank Stites, Mayor ATTEST: ( STATE OF COLuHADO \..~,.JI Jhe foregoing was acknowledged before me this +-4--' 19(jj, by BeVERLY R. THYGESEN. l"IY Commission expires: My Commission Expires May 7,1986 --' day of Witness my hand and official seal. ,- (' ~-111 LJa2if!k'_~ Notary Public APPROVED AS TO FORM,- \ /' -'----- , "-..., J 0 h ~t_-H;Y;-;~ -; i [{~~ n ;y I . i - 2 - 83075687 '''P '{ _ENA GULCH DRA!NAGEVVAY FLOOD CONTFlOL IMPROVEMENT PROJECT City of Wheat Ridge, Color3do3 LENA GULCH DRAINAGEWAY 8~~f-'~1. ACQUISIHON NO. 4.108 PROJECT 732-28.2 JANUARY 24, 1980 SHEET 1 OF 2 t/- 3 -:u> N I r/I":r LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO. 4.108 A parcel of land located in Tract 15, Brookside Subdivision, Jefferson County, Colorado described as follows: Beginning at a point on the East line of said Tract 15, which lies South 600 feet from the Northwest corner of said Tract 15 and on the Southerly right-of-way curve of Owens Street cul-de-sac; thence continuing South along said East line, 30 feet more or less, to the Northwest corner of Bickley Subdivision, which point is also on the centerline of Owens street extended; thence Northwesterly and southwesterly along the courses of the North boundary of said Bickley Subdivision, 317.08 feet, to a point on the East right-of-way line of Parfet Street; ( \ thence North along said Eas t 1 ine, 28 feet; thence on a deflection right of 860 43.4', 68.8 feet; thence on a deflection right of 19060.3', 76.0 feet; thence on a deflection left of 160 41. l' , 90.0 feet; thence on a deflection left of 280 54. l' , 34.5 feet more or less, to a point on the Westerly right-of-way curve of Owens Street cul-de-sac; thence along this non-tangent curve to the left, having a radius of 45 feet and long chord that bears South 530 30' East, 53.5 feet, an arc distance of 57.3 feet to the Point of Beginning. Containing 7,056 square feet, or 0.162 Acres. The above described parcel is part of the property described in Book 2721, Page 975. as Parcel "C" of the Jefferson County Records. WFlIGHT- McLAUGHliN ENGINE.ERS 2.20 Alcott Slree' Denver Colo'adO &0211 Phone t.JOJ) 4S8-6201 ACQUISITION 4,105 JANUA.R'{ 2.4 J 19BO o. \cP2. AC. i- ll) UJ tJ \- 'f] .JEFFERSON \'~50t l- tV uJ ~ \{I G.A..RDEN5 CON DO 1\1\1 N I U M 5~" L.. 3 4-' \30 (,,0.3' -L t- uJ IJ. Ci 4: n.. BIC.K.L..E. " 2. :(,,041,1' ':30,0' ( l 15 'SUBD\IJ\S\ON 0..""", 14 o,f) Z W ~ o ColoriKto 80711 ~"~ET ,01=' ~ Phone (1031 458-1201