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Home My WebLink About0145 1~~L I: 1::.1'" J ll)N {,.!t). ;::. fj ,t 1.1 ~ :. !. !.~, ) :i. ; II .~:; t: ~ j ) ~: .3 t ~ ~ I) U ",- - -'>.. ",'Hf 'I \ lP1HlE ti V;',L- " Wbf j '0:3) h' 1:.1: I) :~' C' L l~' 1. r.1 ,_ CdJI! i ': ,'\ JI I f I !i~ I.)i~ 1:\titL I)!~ ~_i')L(lll;)CC' r~.DO DRAINAGE AND FLOOD CONTROL EASEMENT THIS DRAINAGE AND FLOOD CONTROL EASEMENT granted this 21 ~ day of &1~ , 1984, by J tentral Bank of Denver, a banking corporatioithereinafter referred to as /........ ~ "Grantor", whether one or more individuals or entities) to THE CITY OF WHEAT RIDGE, a municipal corporation, (hereinafter referred to as "The City") ; WHEREAS, Grantor is the owner of, and The City wishes to purchase an easement over, upon and through the following real property situate, lying and being in The City of Wheat Ridge, County of Jefferson, State of Colorado, to-wit: (See Exhibit 1 attached hereto) (which portion is referred to herein as the "Property") WHEREAS, it is the intent of the City to develop, construct, and maintain drainage and flood control improve- ments 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 thereon those flood control channels, structures and other THIS IS A XEROX COPY, SIGNATURES AND SEALS NOT ORIGINAL f.:1. ( 1:.' '.l J 1...'1 I'! t'!(.l" _.'; j U _J:, j U tJ 1)'; :;:i (..~ ,:~ {:..(~~-' !,,: t: ( (ll( 1.)(. t"\ J. f'l I_")IJN 1'( 01'- ._11- 1-: I-I;,~: C,t! , l\-\ Il 01 (\..II ()!,{,OO improvements which are necessary to enable The City to fully and successfully implement the Lena Gulch Flood Control Project and which are reflected on the plans previously ~ approved by The City, Urban Drainage and Flood Control District, and reviewed by Grantor. 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 specified in paragraph 1 hereof, including, without limitation, channelization, embankments, maintenance roads and structures specified in paragraph 1 hereof; to come upon the Property for purposes of inspecting and maintaining such improvements; and for the purpose of allowing the historic and natural flow of Lena Gulch to come upon and flow over said Property. 3. The Grantor recognizes and acknowledges 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 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 is con6istent with the purposes of this Easement, even though any particular use or improvement thereby contemplated may not be specifically set forth herein. -2- :~' L L I:. :-' t (0 N ?-! tj" :i ,It t u -~ ':!_ I ' ;). (1 ~:; .... L: Ii j , ~ :: " u (/ 1\ 1: i,: 0 :~' L: 1~~ L I i.,} f '.",if' I '; '_"I JC! I I !,~,(.IU ': ! (, r[~~ or.. I~ C'!, (t:-'tiCr:-' 4. Grantor agrees that he shall construct no improvements or buildings of any kind whatsoever, including fencing, on the Property conveyed hereby without the prior \j 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 purposes of this Drainage and Flood Control Easement. 5. 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 Grantor's remaining property during construction or repa1r of any improvements made pursuant to this Easement. 6. During the term of this Easement, the Grantee shall have access to the Property conveyed hereby for the purpose of repairing, maintaining, and reconstructing as the same may be necessary from time to time any improvements constructed therein, and the Grantor shall retain all rights to ownership and use of the Property not in conflict with the terms of this Easement or the purposes for which the same lS granted. 7. 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 -3- '"~, ~.L1-' f J '_"'I< i..' ,! ~ :,'; j tI,::f,j, U f f Ii', ! ; f'[ ( ('1'['[ l" J :,.1 i.' OUr-! r' 01. I/,:!,:- [--I~'30N ': 1(; Il '.d ':, ol 0\\(\\)0 recordation; provided, however, that this Easement may be terminated only by a writing signed by both parties, or . e'f' their successors, which writing shall be duly recorded and y shall not be effective until so recorded. IN WITNESS WHEREOP, 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. GRANTOR(S) CENTRAL BANK OF DENVER, a banking corporation. BY: J1~g;J~t~k<{, Michael W. Lubchenco Vice President STATE OF COLORADO ss. COUNTY OF])€/JJe.r The foregoing was acknowledged before me this 6th day of August , 1984, by Michael W. Lubchenco My commission expires: 1{-/~-'37 witness my hand and official seal. c?~ 2IUJ~-e / otary Public CENTRi\L BAme OF DEi:VER Mortgage Loan Department 1515 }~apahog Street Denver, CQloraao 202?2 STATE OF COLORADO ss. COUNTY OF The foregoing was acknowledged before me this day of , 1984, by My commission expires: witness my hand and official seal. Notary Public -4- ATTEST: Accepted by: J-:! L L. :-' ! 1 (} ~.I H '.) ~ :.3 /: 1 U ~ :~ .t u ; 'j " fI !:, '~-' ( j' , ~_.' / j ~ .. ~! U h'I' '-' OI;:i)C '-' 1.:,) ': C'Uf.l f f (<'I Jf III f;~:<oi<! l:!;i\!~_ i)!- t>~L(t~~:t)C:(1 THE CITY OF vVHEAT RI DGE, a municipal corporation By ~ Y/A ,/'I j~ v- -5- . I I I I I I I I: Ii :' ! I ! I I: I I I " 'I 'I '. I ;; 'I I, " Ii .' \\ r 11 II , 1 I I I; I I n__._J:XHIBIT I !{f l} "! J err! /.1,_,_ t;:; j ll_' ~:,j~.1 11 'J)'~; e< },_ ;_'~ L:~.UI} !'j t ',.'1 'PI t, ] 1-1 , tIIJ;-.,! r:- elF 'r.: r'!- F;\30N ~ -r (; I r I~'I' (lil OIU;[)O -.; g LEGAL DESCRIPTION OF ThK1NG A parcel of land located in tho r.Jorth.....cst \, of the 1J0rth- east ~ of Section 28, Township 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado, being a portion of the property described in Rook 1301, Page ~8G, and described as follows: I, Beginning at the Southeast co~ner of said described prop- erty, which point is also the Northeast corner of Lot 19, Horace Heights Subdivision and lies on the West right- of-way line of Moore Street; " I' !: 1\ " " thence North along said right-of-way, 37.0 feet; thence South 570 04' 25" West, 55.99 feet; thence South 890, 28.5' West, 40.0 feet; thence South, parallel to said right-of-way line, 7.0 feet to a point on the South line of said described prop- erty which is also the North line of said Lot 19; thence North 890 28.5' East, along said Lot line, 87.0 feet, to the Point of Beginning, containing 1,314 square feet, or 0.030 Acres, ~ore or less. I: i .1 I: Ii r Said acquisition is contained in the property described in Book 1301, Page 486 of the Jefferson County Records. L!:r.^L DESCRIPTION OF 'l'M:rr.JG A parce 1 of 1 and loca led in the r:or tfn,]e s t \ 0 f the Northeast \ of Section 28, Town~hip 3 South, Range 69 West of the 6th P.M., Jefferson County, Colorado de- scribed as follows: I: Commencing at a point on the South right-of-\-Jay line of \" cst 3 S t h II v e n u (! I \.: hIe h poi n t_ 1 i C'~, ',;'~ s t 5 9 .; r e e t ilnd South 30 feet fro~ the l;ort!1Cast corner of said Northwest \, Northeast \; thence South, parallel to the East line of said Northwest \, Northeast \, 207 feet, to the True Point of Eeginning; I .. I, I I Thence, continuing South and partially along the West line of Lot 19, Horace Heights Subdivision, 119 feet to the Northeast corner of Lot 9, Block 1, Rolling Hill~ Subdivision; thence West along the North line of said Lot 9, 100 feet, to an nngle point on said North line; thencb North, 136 feet; thence on a def1ection right of 94 00', 77 feet; thence on a deflection right of 220 30', 26 fe~t to the True Point of Begin- ning. containing 13,142 Square feet or 0.30 Acres, more or less. The above described parcel is a portion of the property described in Book 2145 Page 271 of the Jef- ferson County Records. I, \: ,I I: