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Home My WebLink About0117 00 :f-- 1 ~, rlj I- Ijg f'Cf'Cf)TION NO. 83097457 \L,L . 1? 00 10/11/83 16:03 -. f~E COf~DE [) IN" _. ."_ ".(' COUNTY OF JEFF~k~ON STATE OF COLORADO ~'-'" / '" ,..../r "T)'. fl. - 1, ?t'7r "'1' (.,7-11 :l-l~ DRAINAGE AND FLOOD CONTROL EASEMENT T Ii I S ...D.R A I NAG E; AND F L 0 0 D CON T R 0 LEA S EM E N T g ran t e d day of L':>.2f'{€"1h~v- 1983, by ERNESTINE WILLIAMS ref err e d t 0 a s G ran tor s) tot h e C I T Y 0 F WH EAT RID G E , corporation, (hereinafter referred to as the "City"); this (hereinafter a municipa/__t/- ! WHEREAS, Grantors real property si tua te, County of Jefferson, Avenue, to-wit: the following described The City of Wheat Ridge, located at 11100 W. 38th are the owners of lying and being in State of Colorado, (see attached Exhibit A, attached hereto and made a part hereof) ..-.-'V~ 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; '''' co OJ NOW, THEREFORE, 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 corne 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 corne upon the property for purposes of inspecting and maintaining such improvements; and for the purpose of allowing any drainage and flood water to corne upon and flow over said property; as well as any other use not enumerated herein but only as consistent with the purposes of this Easement. No public access across said easement shall be permitted. 3. As consideration for the conveyance herein specified, the City agrees to pay Grantors the sum of EIGHTEEN THOUSAND and no/l00 ($18,000.00) DOLLARS, payable as follows: $9,000.00 hereby receipted for, and the balance of $9,000.00 payable on or about January 3, 1984. 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, except as specified in paragraph 8. 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 jQ~Q.Ampnt_ "0 (:) ~. << \'..":""'1 ii? -t !' c- o M z 7. During the term of this easement, the Grantors shall ha ve acce s s to and may uti 1 i z e the proper t y conveyed here by fo r any purpose which is not inconsistent with, or which would be detrimental to, the purpose for which this easement is granted. c:: o t.;.'"; 0 ;LC i.l..i<I :-r; i.i...CC ::0 ~ 0 0" i.l..i -' 8. A low flow channel crossing similar to the one installed %...02:-;0 """ >-l (.) a tap pro xi ma tel y S tat ion 2 1 + 2 5 0 f the Len a G u 1 c h F 1 0 0 d Con t r 01 Z:<) c <> w.. Project will be included in the construction and bid package for >-lCOu.: 0 Schedule V of the Lena Gulch Flood Control project. Seeding of the ;;:::::;~~ u.: area that is disturbed during construction is customary and will be ~:::;:~;;:included in the construction and bid package. A 3-strand wire u.: (:) Lei 0 l- fence with one electric wire may be reconstructed across the di tch I~r" 't-l I~r'" "... (".t"'t - - '-> - after completion of improvements in Schedule V of the Lena Gulch Flood Control project. The grain bin situated on the Easement will be relocated on Grantor's property. A fence will be provided to separate the livestock and the equipment during the time of construction. 2 9. 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 and seals to the foregoing and attached Drainage Easement the day and year first above written. set their hands & Flood Control GRANTORS: THE CITY OF WHEAT RIDGE, a municipal corporation ~ -I I tLI-~iL{ 1V4'LLt~-~ ~ By \-7-th ~ / A .::l:7i..~/ Frank Stites, Mayor ATTEST: " \ \ \ \. \ " \..\... ..... \ \ ~ ....,\.-:J ...., .......~ "-, "J\, ....\ 'Jv... ') I. -.... \ \ Wanda Sang, CitY\.Clerk .\ STATE OF COLORADO ss. COUNTY OF JEFFERSON ,- The foregoing was acknowledged before I, I. ,1983, by Ernestine Williams. me this , .....,/(-j I day of _.}... I", My Commission expires:M C .. ~. y ommlsslon ::,xplres rby 7, 1986 Witness my hand and official seal. ~L , / Notary Public I ~/ /, l ,--"" ';''''' APPROVED AS TO FORM: "/- \. "1'-' r " ~i / / - 1 I / -,,'"-:;;.<..----- e;-;yy Attorney '---/ . " ~' , John E. Hayes, ...1 \1A GULCH DRA~NAGt:. vv/-\ y " _000 CONTROL IMPROVEMENT PROJECT ~v I Lt.-I fh1'1 S City of Wheat Ridge, Colorado 8r,J-R~..,l LENA GULCH DRAINAGHIAY ~TS1li ON NO.4. 11 3 I?- 3 PROJECT NO. 732-28.2 rEBRUARY 22, 1980 SHEET 1 OF 2 I ? 1;)-/ I -J (i AI I .v (.- 3 LEGAL DESCR 1 PT I ON OF LENA GULCH ACQU I S rTION 4.113' ~g~~~ ~zo!-'-f1'1 m-;:7.:!i-4~ ..-<c....,-1 Co rr1'O:ilo-! -nOOVJO 'Ti Z ~ .....-.::-- o (..:zo-:z rm ;:0 o""'i'! ;.j " ;o"""ii ~ :Di"'l co O?:' r..,.J 00'1 C o ...0 :z: -......! ~..... !'_l"!: l-""-"""'; t...) A portion of the East 1/2 of Tract 13 and a portion of the South 4 acres of Tract 14, Brookside Subdivision, Jefferson County, Colorado described as follows: Commencing at the Southeast corner of the West 1/2 of Tract 14, said point also being the Southwest corner of ,Lot 15, Daniel's Subdivision; thence North along the East line of said West 1/2 585 feet, to the True Point of Beginning; thence on a deflection left of 1130-00', 20 feet; o o thence on a deflection left of 290 10', 140.8 feet; thence on a deflection right of 520 10', 60 feet more or less to a point on the West line of Tract 14; thence South along said West line 28 feet; .' thence on a deflection right of 660 20', 179.9 feet to a point on the West line of the East 1/2 of Tract 13; thence North along said West line 183 feet; thence on a deflection right of 680 42', 176.8 feet to a point on the West 1 ine of Tract 14; thence on a deflection left of 210 38', 92.5 feet; ( thence on a deflection right of 250-00' > 50 feet; thence on a deflection right of 240 08', 49.7 feet more or less to a point on the East line of the West 1/2 of Tract 14; thence South along said East line 101 feet to the True Point of Beginning, containing 56,028 square feet or 1.286 acres more or less. Included in this AcquisItion is the applicable portion of the 8 foot sewer easement described in Book 939 Page 416 and Book 2785 Page 628. Said Acquisition is contained in the property described in Book 2640 Page 786 of the Jefferson County Records. ~ ~ (1 [1 it '; " II WR'GH1-McLAuGHLIN ENGINEERS 2<120 Aleof! Slreel Otn."er. Colorado 80211 phon. (J03) 458 - 6201 " ...." ~lt"..1 n............. r.of... ""-\..') .... ~ .,..... RECEPTION NO. 83097457 10/11/83 16:03 12.00 I:;:ECOI=<:DED IN COUNTY OF JEFFEf~f;ON J, r STATE OF COLORADO ~ , LENA GULCH DRAINAGEWAY FLOOD CONTROL IMPROVEMENT r AC.QUI~IT\ON 4.ll~ FEB~UA~Y 22, 19bO I 1,2.. Bv. Ac., I I I I I I I I I I I I I PROJECT City of Wheat Ridge, Colorado ~ 240~' N. . Y 1"= 50 ZZ~o.o' 43.7' I I 1 I I I ~ I o I 8 I I I ~ BQOo"-5l DE - , ~III- 52.."10'----- <\JI I I I I I I 8' 5E.WE12 . I I V EASEMENT I I I I I 8' SE\'\IER. I ~ ~A.~EMENT I I I I I I I I SUBD\\J\SIOr-J I I I --- I I I 2 1105! I ~ I B I I \\ V\ I J I ~ I 4- o - o (11 cO fR.A. 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