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HomeMy WebLinkAbout0149 ~ \~J DRAIt;f'J?f AND FLOOD CONTROL FASEMENT THIS p-RAIN AGE AND FLOOD CONTROL EASEMENT grant ed day of ((-/0'('-1 1984, by TERESA L. GALLOWAY ref err e d t 0 a s G ran tor s) tot h e C I T Y 0 F ~IH EAT RID G E , corporation, (hereinafter referred to as the "City"); this ~9d/ (hereinafter a municipal / __#- WHE.REAS, Grant ors 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 3605 Nelson (see attached Exhibit A, hereof) attached hereto and made a part v!hEREAS, 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; liOW, THEREF ORE, 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; 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 Ci tv agrees to pay Grantors the AND NoflOO DOLLARS ($3,200.00). conveyance herein specified, the sum 0 f THREE TH OU SAND TWO HUNDRED I 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 easement. . 7. During the term of this easement, the Grantors shall access to and may utilize the property conveyed hereby for purpose which is not inconsistent with, or which would 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. ha ve any be IN WITNE.SS 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 '" '.~ ,~'~:i5J /),U/ By \ / c, c! q./-<{Li4.-/ Frank Stites, Mayor ATTEST: ;' I ,( STATE OF COLORADO t ) ss. COUNTY OF JEfFERSON ) The ~-/ I ()-{ -,'- C/ foregoing was acknowledged before ,1984, by TERESA L. GALLOWAY. me this ;-3(1),.- day of ,1~Y""G,~,mmission eXfires: I /9});r - .;......~. ""~ '--f} l.i1..J,.1__L>Y I I ,; /' W i ti'r~'~_~. my h and a r1.d 0 f f i cia 1 sea 1- / \~ G;- ". . '. : :....... " ~lp ~ ~ ' 41 i ~,"'~~;._" ~':.t:; :.. -:i ':.. (/':'1 !-, ~ "."" '''' ),.' -:l" ". " 1\ (11,,& cPO I~ _~ ......... C' '" ..",.a.;o~lI'e_ ; ~ ''''',,/'' eOL~"~-!\' 0, i{ii' ,-"/} ..., ._l f'r (a-c~'? i CI( .' , .a....(.~: , Not ary Public ~ APPROVED AS TO FORM: ( _o-"~ ,;:. ( I l John E. Hayes, City Attorney f - 2 - . f~-~Er\jA GULCI-I DR/\INP\GE\^/AY FLOOD CONTROL IMPROVEMENT PROJECT City of Wheat Ridge, Colorado , Ir ". '- ~ ... f I, ;,.. L ~ L, 3<:- 1,4 '0>1 V) ,LJ LENA GULCH DRAINAGEWAY EASEMENT NO. 3.110 PROJECT 73,28.2 MARCH 15, 1984 SHEET 1 OF 2 k'-Y ." ::/2~I3A__ -3 '" l /. / ~ 2 () UJ :)~ ~.LLi... . ....... ~.__._._---_. LEGAL DESCRIPTION OF LENA GULCH EASEMENT NO. 3.110 That part of Lot 1, Block 3, Rolling Hills Subdivision, Jefferson County, Colorado, described as follows: Beginning at Northeast corner of said Lot 1: thence South along the East line of said Lot 1, 40.0 feet; thence S 210 -37' W, 95.3 feet to an angle point in the platted easement line; thenceS420 -42' W, along said easement line, 38.6 feet, to an angle point; thence N 710 -15' W, 8.8 feet to the angle point in the Northwesterly boundary of said Lot 1; thence along said boundary as follows: N 420 -42'E, 39.0 feet; N 10 -18 'W, 49.0 feet; N 160 -47' E, 30.0 Feet; N 330 -02' E, 55.0 feet; N 720 -07' E, 6,0 feet to the Point of Beginning. Containing 3,121 square feet or 0,0717 acre, more or less, ~ 3/ ~() /f<-/ ~T~ ',.l:L;.,~GHlIN ENGINEERS 2420 AlCon Slfeel Den....er COloradO 802" pt1:::ne 1303\ 4S8-62C , ,ft f~ 'f' ,L~~ ~ r\ G"lULf'tJ ~nI'j . VI-1 LOOD CONT ROL D~ /) IN{)G~C\^'^V .~ u d.; \ ll=_ V VJ-\l PROJECT City of IMPROVEMENT EASEME~T ~ \10 M~RC~ IS) 198'1 O. 071i - AC. 0.07/7 ,11(., 3)122. 1.3 ib 8' UTILITY EASE MENT ~ 1-:- '50' ~.o' ~ !' " - , --- --- ; QOL L 1"-1 \-\\LL'S BLoCK 2 1 3 5LJ I , , OIV1SIOr-J W. ~{.'fll AVe.. Bi J~ I. rY)~WM McLAt.GHlIH ENGn.cEEAS ~zo AICOfl Deflvf>r ColoradO Street Wheat Ridge, Colorado . I / ! tJ ;,!:r:.'- 'T POII-J T OF BEG I ~ I-J I N( II BLOc\( c c o N w. ~(p 'fw PL r= lfl 2 o Ifl -1 nJ Z 802'1 s~~... T Z. OF '2. P1'>one 13031 .508-6201 SETTLEMENT AND CONVEYANCE AGREEMENT THIS SETTLEMENT AND CONVEYANCE AGREEMENT, made and executed this.~f'~ day of October, 1984, byand between the City of Wheat Ridge, a Colorado home-rule municipality (hereinafter referred to as The City) and D. Michael Galloway and Teresa L. Galloway (hereinafter referred to as Owners); WHEREAS, The City is engaged in the construction of a public improvement project upon Lena Gulch; WHEREAS, in order to complete said project to provide for the public health, safety and welfare, it is necessary for The City to acquire certain property interests in property owned by Owners as set forth herein; WHEREAS, Owners own Lot 1, Block 3, Rolling Hills Subdivision, Jefferson County, Colorado; and, WHEREAS, the parties have agreed upon the financial and other terms and conditions set forth herein in lieu of The City commencing an action in eminent domain; NOW, THEREFORE, the parties for themselves, their heirs, successors and assigns do hereby covenant, warrant and agree as follows: 1. The City agrees to pay to Owners the sum of $5,440.00 which is allocated as follows: $3,200.00 as the price for permanent easement. $600.00 as the price for the construction easement. $900.00 as damages to the remainder. $289.00 for personal property including a root cellar, bricks, underground wire and plastic hose, and ~ cost estimate. $250,00 for cost of a dog run which lS being removed. 2. As consideration for the payment described in the preceding paragraph, Owners agree to execute the permanent easement attached hereto as Exhibit A and the temporary construction easement attached hereto as Exhibit B, thereby conveying the property interest inthe properties described therein. 3. The parties agree that certain improvements shall be constructed upon Owners' property as depicted on the landscape drawings of Max J. Capron, dated September 18, 1984, as revised as of October 19, 1984, and to include a sprinkler system as designated on a plan designed by Mr. Capron dated September 25, 1984. The parties specifically agree that The City shall pay the full cost of a four-station clock for said sprinkler system, but that Owners may request, and have provided to them a larger clock for control of an expanded sprinkler system, provided that any costs incurred over and above the cost of the four-station clock shall be born by Owners, who shall reimburse the City therefore. Each of the plans referred to herein shall be included in the construction plans which shall be part of the construction contract entered into by The City for completion of the Lena Gulch improvments. Parties acknowledge that the landscape plan described herpin contains "downsized" trees from a previous plan submitted by Mr. Capron, but includes a sprinkler system and a six foot privacy fence. The inclusion of the six foot privacy fence has resulted in one-half of the damages to the remainder being paid to the Owners. 4. The parties agree that any trees which currently exist within the permanent or temporary construction easement areas and which are subsequently removed may be designated by the property Owners to be left on the Owners' remaining property to be used by the Owners as firewood or for any other lawful purpose. It is the responsibility of the Owners to remove any of said trees from the construction areas so that the construction activities of the contractor shall not be unduly delayed or impaired. 5. The City acknowledges and affirms its responsibility to insure that the contractor ultimately selected to construct the Lena Gulch improvements shall do so, especially upon Owners' property subject to the easements attached as Exhibit A and Exhibit B, in strict accordance with the plans and specifications approved for said project. 6. The City covenants that no adverse effects shall be suffered by Owners' remaining property by virtue of the construction of the Lena Gulch project. The City acknowledges that, as a matter of law, it is obligated to repair any damages caused to or upon Owners' remaining property by The City or its agents or contractors as a result of construction of the Lena Gulch project, but The City is not obligated for any other damages. The City further acknowledges that proper drainage will be maintained within the easement areas conveyed hereby resulting in waters upon said easement areas flowing into Lena Gulch, and that no adverse effects relating to drainage shall be created as a result of any actions of The City. 7. The parties acknowledge that Owners shall be provided a quit claim deed to approximately 800 square feet of property owned by The City but lying generally south of the line at which the 4 to 1 slope commences as designated on the construction plans. The City agrees to convey by Quit Claim Deed said property as soon as the same may be identified and becomes subject to a proper legal description. The City agrees to use its best efforts to describe said property and to convey said property, and to accept conveyance of any property to be traded by Owners to the City, prior to December 31, 1984, so as to obtain the maximum lawful tax benefits for the Owners for calendar year 1984. 8. This Agreement shall be binding upon their heirs, successors and assigns of the respective parties, and shall be reconleu with the Clerk and Recorder of the County of Jefferson, State of Colorado. GRANTORS: GRANTEE: THE CITY OF WHEAT RIDGE, a municipal corporation D. o~~E(7~~~ By :\" vv1/~ l \ " , By \-- :-::/211'" J-i:-tL;;z Frank Stites, Mayor TERESA L. GALLOWAY By ATTEST: .I' .s;lz=j~ :~=-J Wanda Sang, C~o~,~.~~e~ -,€,-'<" '; ';' >~~''''{ ,-"~, o,~" '\, APPROVED AS TO FORM: ~ ~ " \ < ..". " '\ , '-.;-< ....... (. . - ., ",ij1, ~.:., '" .........,"'"