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DRAlNAGE A~D FLOOD
RECEPTION NO. 8409999)
10/24/84 15:40 12 00
RECORDEV IN .
COUNTf OF JEFFERSON
STAlE OF COlOR~DO
CONTROL EASEMENT
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THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted
day of JULY 1984, by JOSEPHINE H. LIEBE.LT
referred to as Grantors) to the CITY OF' wHEAT RIDGE,
corporation, (hereinafter referred to as the "City");
this 11th
(hereinafter
a municipal
WHEReAS, Grantors
real property situate,
County 0 f Jefferson,
Street, to-wit:
are the owners of
lying and being in
~tate of Colorado,
the following described
The City of Wheat Ridge,
located at 3599 Parfet
/~1
(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 health, safety and welfare of Grantors and
the other citizens of the City of Wheat Ridge;
1.0..., THEREI' OHE,
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 l-ity 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
com e up 0 nth e pro per t y for pur p 0 S e S 0 fin s pee tin g Q n d ma i n t a i n i n E;
such improvements; and for the purpose of allowin,! any drainage and
flood water to come upon and flow over said propert y; as well as
any other use not enumerated herein which are consistent with the
purposes of this Easement.
). As consideration for the conveyance fJerein specified, the
City agrees to pay Grantors the sum of NINE THOUSAND SEVSN HU~DRED
lWE~TY-NINE and no/lOa DOLLARS, ($9,729.00).
4. The Grantors recognize and acknowled~e that the City is
currently engaged in a city-wide program to construct flood control
improvements upon Lena Gulcn "hich would inure to the benefit of
Grantors and all other citizens of the City of ...heat Hid:o;'O, and
that the City is cooperating in this venture with the Urban
urainage 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 Duildings 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
easement.
R[[EP1ION NO. 84099997
10/24/84 15:40 12.00
f~ECOf~[)[[) IN
COUNTY OF JEFFERSON
SlATE OF COLORADO
7. During the term of this easement, the Grantors shall have
a c c e s s to and ma y uti 1 i z e the pro per t y con v eye d her e by for any
purpose which is not inconsistent with, or which would be
oetrimental to, the purpose for which this easement is granted.
;l
I:J. 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 attacbed Drainage
Easement the day and year first above written.
set their hands
& Flood Control
GRANTOhS:
liJEfY- ;I ;C/u//
THE CITY OF WHEAT RIDGE,
a municipal corporation
by
Frank
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\p,adl; ~lf;~b:17
Stltes, Mayor
ATTEST:
\CiV
STATE OF COLORADO
ss.
COUNTY OF JEFFERSON
(\1 Tl;1e foregoing was acknowledged _ b~fore me this
~l1 ,191:)4, by JOSEPHINE R. LIEBLLT.
t'l Y COIn m i s s ion ex p ire s: Mv C .. [ .
O'1l1TlISSlon xplres May 7, 198:
Witness my hand and official seal,
'I tiC
/ day
.
of
'IV.,) 4c
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A~PhOVED AS TO FORK:
( )(
()/ 1 ...I,J,~, ..'
Jonn E. Hayes, City JAttorney
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_ENA GULCH DRAINAG~EWA\/'
FLOOD
COrrrROL
IMPROVEMENT
PROJECT
City of Wheat Ridge, Colorado
.
,
LENA GULCH DRA 111AGHIAY
~.w.:...;t -A!::.QW.5JJ--WN NO.4. 112
PROJECT NO. 732-28.2
FEBRUARY 22, 1980
SHEET 1 OF 2
I~ _ (It 7-0 IV' I II G-
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LEGAL DESCRIPTION OF LENA GULCH ACQUISITION 4.112
A portion of Lot 8 Daniel's Subdivision, Jefferson County, Colorado described
as follows:
Beginning at the Northwest corner of said Lot 8;
thence East along the North line 136.53 feet, to the Northeast corner of
said Lot 8;
thence South along the East line 19 feet;
thence on a deflection right 660 48', 45.7 feet;
thence on a deflection right 230 12', 22 feet;
(
thence on a deflection left 310 50',85 feet more or less to a point on
the \Jest 1 i Ole of sa i d Lot 8;
thence North along the West line 82.0 feet to the Point of Beginning,
containing 6304 square feet or 0.144 acres more or less.
Included in this Acquisition i~ the applicable portion of the platted 30 foot
di tch Easement.
Said Acquisition is contained in the property described in Book 3111 Page 957
of the Jefferson County Records.
RECEPTION NO. 84099997
J (1/ ;, ~ " t: Ii J:,:.I.; 0 1. :' . (I f I
F\ECOI~Dr-:D IN
C OUIH'1' Of JEE FE!(SON
STAlE OF COLORADO
(
WRIGH1-Mcl.AUGHLlN ENCINEERS
2420 Alcott Slr.al
Oen.....,. Color~dO 80211
phone (303) 458-6201
FLOOD CONTROL
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1'I:rl)RDED IN ,..
"--I~.I.ILI'SON
((,UNl,] (il . r. .""
STATE OF COLOkADO
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IMPROVEMENT PROJECT
CIty of Wheat Ridge, Colorado
A-CQUI~IIION 4,1\1-
FEBR.UAR"l Z2.,1980
0.144 Ac.
~oo K:..S/ D E
SUB D'" ISloN
Pol NT OF
BEG INN INc.
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