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Home My WebLink About0238 ,r'j !\j' n.\' ?'~ j~~ ~ IflfC PECORDED IN COUNTY OF IEFFERbON STATE OF COLORADO RECEPTION NO. 90004/58 01/16/90 11:00 10.00 ...~-..,.............\ / W;:"Yi \ { ';',;,E \ ~, rrt'~:,T I \ - i ,'---'V ~!:u/ '-../ DRAINAGE AND FLOOD CONTROL EASEMENT rR THIS DRAINAGE AND FLOOD C~TROL EASEMENT granted this /7 - day of 198~,~'bY FRED and JANET SWITZER PHILLIPS (herein ter ref red to as Grantors) to the CITY OF WHEAT RIDGE, a municipal corporation, (hereinafter referred to as the "City"); A \ WHEREAS, Grantors are the owners of the following described real property situate, lying and being in The City of Wheat Ridge, County of Jefferson, State of Colorado, located at 10545 W. 36th Place, to-wit: (see attached Exhibit A, attached hereto and made a part hereof) 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; 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 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 conveyance herein specified, the City agrees to pay Grantors the sum of ONE DOLLAR and no/100 ($1,00) and other valuable consideration. 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. :;,nv 7. During the tenn of t.his easement, the Grantors shall have access to and may utilize the property conveyed hereby for any purpose which is not inconsistent with, or which would be 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 be a covenant running with the land 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. y 11 /;1/~~ 9. Grantee understands and agrees that the granting of this Easement is made in conjunction with the granting of a utility Easement No. 3.106 of Project 732-028.020, and that the breach of any terms and conditions thereof shall likewise constitute a breach of this Drainage and Flood Control Easement, and shall entitle Grantors, their heirs, successors, and assigns, to take whatever actions lawfully authorized and appropriate to remedy said breach. THE CITY OF WHEAT RIDGE, a Municipal Corporation ~~ By: f(xal\llcx~jci:j(!!l;; Mayor , Dan Wilde, Mayor ATTEST: / ;/ (--....., , r wa~)~~~~~LCity/~~;;~ STATE OF COLORADO ss. COUNTY OF JEFFERSON of was acknowledged before me this Il C7t day , 1985, by Fred and Janet Switzer Phillips. APP"VjAS-F} F~RM) ( ,( --.: // John E. Hayes, Ci~~ expires: ':';/;S/'>; Y Witn." my hand and Official;? ~~ :;-. "'.".'0, 6/~ "(1, NO;7-<>P;b't>>. cP.'?#- ~': :,,' C tr)~ ~) \-.\i: rney ./ ,------..--- ~J1v C',O\--:~_O .">(.., J ~ .J'- " ;, . . \ \ \ ( ~ I '" I 30th ;'.d.a.y . and W d' > ~ an{Bc.S?,ng, L'lt.j ~ ,;' I I 1 .- G'.121"k. - . The foregoing was acknowledged before me this of Nuvember , 1986, by Dan Wilrlp M~yor My commission expires: , )"1 '1000i,7'5B p[i"EP'nON h,. LENA GULCH DRAiNAGEWA't~~..~, FLOOD ro~TROL IMPROVEW:ENT PROJECT fi City of Wheat Ridge, Colorado ,I LENA GULCH DRAINAGEWAY Aquisition No. 3.106 Project No. 732-028.020 October L 1985 Sheet 1 of 2 ?J LEGAL DESCRIPTION OF LENA GULCH ACQUISITION NO.3. 106 That part of Lot 9, Block I, Rolling Hills Subdivision, Jefferson County, Colorado, described as follows: Beginning at the northwest corner of said lot 9, thence southerly along the west line of Lot 9, 6.5 feet; thence on a deflection left of 900, 14.00 feet more ore less. to a point on the north line of said Lot 9, thence north westerly along the north line of Lot 9. 14.986 feet to the point of beginning, containing 45.4 square feet or 0.0010 acres, more or less. The applicable portion of the 8 foot utility easement is included in the above description. Said aquisition is contained in the property described in Book 1618, Page 73 of the Jefferson County records. RECEPTION NO. 90004758 EXHIBIT "A" , t ~_ENA GULC~-i D:~A~NAGEWAY r=LOOO ro~TROL 1M PROVE tl.ENT PROJECT City of Wheat Ridge, Colorado AQU\~IT\ON OCT06E.R I, 0.00 \0 Ac... I I I I I I No. 1~5S S.\O~ \'~5J' 0\ \ 1 0' UTIUT'1' E t>..'S~ ME-NT POINT OF Btc.INNINC:, 14-. ~ Be..' -- - - - - -- - - \ \ \0 9 ROI..L.II\JG '-l\U-S SUBD\\J'SIOt.J BL.~ t.. 4 8 ./ z ) f\ J LI l W. 3~Tll PLACE RECEPTION NO. 90004758 "50 IH1. ~ ,. 1.. ~"t.