HomeMy WebLinkAbout20071107.tiff DITCH & IRRIGATION AGREEMENTS
Agreements with the Lupton Bottom Ditch and Brighton Ditch are attached.
Lafarge West,Inc..-Riverbend
Weld County USR Permit
Page 33 of 42
2007-1107
LAFARGE
NORTH AMERICA
Construction Materials
October 26,2005
Mr. Gene Wagner
President
Lupton Bottom Ditch Company
P.O. Box 305
Fort Lupton, CO 80621
RE: Letter Agreement-Lafarge West,Inc. (Lafarge)Riverbend Operation 112c Permit
Amendment 01,Permit No. M-2000-016; AMUSR- 1259
Dear Mr. Wagner:
This letter Agreement pertains to the Lafarge Riverbend Operation, as amended, and its potential
effect on the Lupton Bottom Ditch and associated facilities. The proposed sand and gravel mine
site is located in Weld County, Colorado. A vicinity map and the legal description of the
amended site boundary are attached. The property includes a portion of the South Platte River
and a headgate for the Lupton Bottom Ditch. The headgate and the ditch are located within the
Riverbend Project boundary. This Agreement describes commitments made to Lupton Bottom
Ditch Company by Lafarge, related to its operations on the entire Riverbend Project.
The headgate structure and the ditch will not be disturbed by the proposed mining plan. Mining
and reclamation of the pits will remain at least 200 feet from the ditch and headgate structure,
unless approved by the Ditch Company, subsequent to review of the plans and specifications by
the Ditch Company's engineer. This is consistent with the currently permitted and approved
Colorado Division of Minerals & Geology(DMG)mining and reclamation plan and the Weld
County zoning resolutions for the Riverbend project. Lafarge makes the following additional
commitments to ensure the reasonable operation of the Lupton Bottom Ditch.
1. No dewatering flows will be added to the ditch during mining operations unless there is a
written agreement in place with the Ditch Company. This will require that plans and
specifications be reviewed and approved by the Ditch Company's engineer prior to
completion of a subsequent agreement.
2. To control seepage into the pits located on the west side of the South Platte River, pit
areas adjacent to the Lupton Bottom Ditch will be backfilled to create 3H:1 V slopes as
soon as practicable after mining near the ditch is complete. The backfill adjacent to the
ditch will contain compacted material similar to pit liners constructed for water storage
reservoirs (as presented in the Riverbend Operation Regular 112c Reclamation Permit).
Alternatively, a setback distance equal to twice the pit depth will be maintained from the
bank or edge of the ditch to the crest of the pit excavation. In addition, Lafarge will add
Western U.S.Region
1800 N.Taft Hill Rd.,P.O.Box 2187,Ft.Collins,Co. 80522
Office:970-407-3600 Fax:970-407-3900
Web:www.lafargenorthamerica.com
Page 2
Mr. Gene Wagner
October 26,2005
monitoring devices to effectively assess and mitigate losses to the ditch due to seepage
from dewatering activities, including measuring weirs and continuous recorders as
approved by the Ditch Company's engineer. The monitoring devices will stay in place
for a sufficient period after reclamation to effectively establish that there is no damage
from seepage to the ditch.
3. Prior to the start of mining and during the mining operations, Lafarge agrees to allow
access across the property for Lupton Bottom Ditch personnel or their representatives to
perform ditch/headgate maintenance and operation activities. Lafarge understands these
activities may include reinforcing,by placing concrete-rubble armoring, the south bank
of the South Platte River on his property from time to time. Lafarge will use reasonable
efforts to obtain any necessary cooperation of Donald L. Rittenhouse,the owner of the
southernmost property, within the permit area. Lupton Bottom Ditch will be responsible
for any fence repairs, other property damage, or personal injury related to or arising from
their operations on the Riverbend property as amended.
4. During mining and reclamation activities, which are estimated to take approximately 30-
35 years to complete, roads will be available and access will be allowed for the
maintenance and operation of the ditch. Lafarge further acknowledges the Ditch
Company's historic non-exclusive easement and all existing rights associated with the
ditch.
5. The course of the South Platte within the permit boundary will not be changed due to
mining or reclamation activities. The South Platte River bank adjacent to the mining
operation north of Weld County Road 6 features significant existing concrete-rubble
armoring to stabilize the main channel alignment. The effectiveness of the existing
concrete rubble will be measured, monitored, and evaluated for channel stabilization. If
necessary, Lafarge Corporation will provide additional stabilization within the permit
boundary. However, outside the permit boundary, Lafarge Corporation cannot guarantee
the stability of the riverbank or the main channel alignment and will not be responsible
for its maintenance outside of the permit boundary.
6. Consistent with permitting requirements, Lafarge agrees to provide compensation for any
unforeseen damage to the Lupton Bottom Ditch or associated structures, as well as
secondary damages such as water replacement loss or crop damage related to water loss,
caused by mining activities. However,prior to commencing mining, Lafarge will work
with representatives of the Lupton Bottom Ditch Company to specifically address the
details needed to insure that the ditch and appurtenant structures are protected. If
however, a dispute arises over damages,then both parties agree to initially have an
unbiased, third party arbitrator, attempt to negotiate the dispute.
7. Lafarge has the authority to represent the landowners within the Riverbend permit
boundary per their respective lease agreements for mining, permitting and reclamation of
their property. See attachment for copies of lease agreements.
Page 3
Mr. Gene Wagner
October 26,2005
8. Lafarge agrees to pay for the Ditch Company's legal and engineering fees associated with
this permit application and for fees related to future agreements.
If the provisions of this Letter Agreement are acceptable,please signify your approval by
signing and notarizing in the appropriate spaces below.
IN AGREEMENT:////�� IN AGREEMENT:
?Yin' J_G.L,� to
Mr. Gene Wagner . E 10 Reckentme
President Area Manager
Lupton Bottom Ditch Company Northern Colorado Aggregates
Lafarge West, Inc.
STATE OF COLORADO )
�f'^ ss.
COUNTY OF cat) )
This instrument was acknowledged before me thisCL1 day of 00.-1461. . ,2005
^ by Eric Reckentine as Area Manager, Northern Colorado Aggregates of Lafarge West, Inc., a
Colorado Corpo
Witness vii� '� ea1. q—RI' Oct
My corn 4 ss,.n expires: % I �►h�!
1 Jam\PUMP $ No .�1 bli.�
[SEAL) i -9),
F CO�0
STATE OF COLO' s Q E '
(,t ido( ss.
COUNTY OF )
This instrument was acknowledged before me this U la day of Ce.2 2005
by Gene Wa er as President of Lupton Bottom Ditch Company.
Wi ;;c.,, ��; ici seal. -I- I4 -O 5
My;o ,mission expi r s
[S El;`Pit PUB1.N° �oo� No Public
Attac 11111 t t®F GOV-0r'
H:4137_012_)�`.a��>r?�pany ApreementALuplonBottomDitchAgreemen1 I02405fmal.don
,,. - I - ),o ° cr %/'"7/"' ' lifW% , II r N
� � y 52 .1 ° \ N
I
Ii, ; } r 4_ b t If , 1
ai fir
� Ic��
m0,5)-- _
. , , _
_.,
, ,
• ,
Ulm
Il 1 ;.
?Or
�c MI
--e\ a i G , ;lc (... ( ,
e Lily'
.ctz` ) fr
j it
a 14JF . ,-
�y 18
.r 71
I K -Wild ta d t \ •
A
ro
t
._ o
-. .23 41149i �., MCX
1(3: ;+ - i �l _,.
0
Weld my Road r\1, „S. - - G' ii_—_ Z* v �� i ..
�. --. __ T \h z _, ._- _ � :'. 0! , n .. ,r - , q .. vatic
North LAFARGE NORTH AMERICA,INC. TETRA TECH RMC
J RIVERBEND illb 1900 a SUNSET Mt, uF, w,co WWIVICINITY MAP ,asm.msaaz►tT wa ,s..ss-FAX,o,..,saea
tior,nsrrul SHEET 1 d
LEGAL DESCRIPTION:
PHASE I - RITTENHOUSE (LEASED)
THAT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 19,TOWNSHIP I NORTH,RANGE 66 NEST OF THE
6TH PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SE 1/4 OF SAID SECTION II;THENCE SOUTH ALONG
THE WEST LIFE OF SAID QUARTER SECTION A DISTANCE OF 853 F LLI TO THE NORT}I LINE OF THE
DAMIANA PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 529,PAGE 433;THENCE EAST ALONG
THE NORTH LINE OF SAID DAMIANA PROPERTY 264 FEET;THENCE NORTH AND PARALLEL TO THE NEST
LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET,MORE OR LESS,TO THE NORTH LINE OF THE
SE 1/4 OF SAID SECTION II;THENCE NEST A DISTANCE OF 264 FEET ALONG THE NORTH LINE OF SAID
QUARTER SECTION TO THE POINT OF BEGINNING;EXCEPT THAT PORTION THEREOF CONVEYED TO THE
STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOSES IN C(LCIAL WARRANTY DEED
RECORDED IN BOOK 1401,PAGE 313,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID
SECTION 19 BEARS SOUTH 54°04'EAST A DISTANCE OF 30112 t LL I;THENCE ALONG THE SOUTH
PROPERTY LINE SOUTH 88'39'EAST A DISTANCE OF 68.9 I LL I TO THE SOUTHEAST CORNER OF THE
PROPERTY;THENCE ALONG THE EAST PROPERTY LINE NORTH 0'25'30'NEST A DISTANCE OF 856.8
NEE I TO THE EAST-NEST QUARTER LINE OF SECTION II;THENCE ALONG THE EAST-NEST QUARTER LIFE
OF SECTION II SOUTH 89'39'WEST A DISTANCE OF 1593 FEET;THENCE SOUTH 4'48'EAST A DISTANCE
OF 535.91 LL I;THENCE SOUTH 18'50'EAST A DISTANCE OF 103.11 LLI;THENCE SOUTH 4'48'EAST A
DISTANCE OF 223.4 FEET,MORE OR LESS TO THE POINT OF BEGINNING.
AND
THAT PART OF THE W 1/2 OF THE SE 1/4 OF SECTION 19,TOWNSHIP I NORTH,RANGE 66 VEST OF THE 6TH
P.M.,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON TIE NEST LINE OF THE SE 1/4 OF SAID SECTION II WHICH IS 1310 FEET NORTH
OF THE SOUTHWEST CORNER OF SAID SE 1/4 OF SAID SECTION II;THENCE NORTH 504 ILL I;THENCE
FAST 212 FEET;THENCE SOUTH 504 FEET;THENCE VEST 212 I LL I TO THE PLACE OF BEGINNING;
EXCEPT THAT PORTION THEREOF INCLUDED HITHIN A PARCEL OF LAND CONVEYED TO JOHN SCHELL
AND CONSTANTINE SHELL IN QUIT CLAIM DEED RECORDED IN BOOK 1001,PAGE 39,DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 2411 LLI EAST OF THE SOUTHWEST CORNER OF THE SW 1/4 OF TIE 5E 1/4 OF
SAID SECTION II;THENCE NORTH TO A POINT ON THE NORTH LINE OF SAID SW 1/4 SE 1/4;THENCE EAST
.�. 25 FEET TO A POINT;THENCE SOUTH TO A POINT ON THE 5011TH LIFE OF SAID SW 1/4 SE I/4;THENCE
NEST 25 FEET TO THE RACE OF BEGINNING;AND EXCEPT THAT PORTION THEREOF LYING WITHIN THE
NORTH 10 FEET OF TIE 5 1/2 OF THE SE I/4 AND TIE SOUTH 20 FEET OF THE N 1/2 OF THE 5E 1/4 OF
SAID SECTION II AS CONVEYED TO THE BOARD OF COUNTY COMMISSIONERS OF VELD COUNT(AND TO
VELD COUNTY TO BE USED AND MAINTAINED AS A PUBLIC ROAD IN WARRANTY DEED RECORDED IN
BOOK 1229,PAGE -126;AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY-
COMMISSION OF COLORADO FOR HIGHWAY PURPOSES' IN SPECIAL WARRANTY DEED RECORDED IN
BOOK 1401,PAGE 313,DESCRIBED A5 FOLLOWS:
BEGINNING AT A POINT ON THE NORTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID
SECTION II BEARS SOUTH 54°04'EAST A DISTANCE OF 30112 FEET;HENCE SOUTH 4'48'EAST A
DISTANCE OF 241.6 FEET;THENCE ALONG TIE ARC OF A CARVE TO THE LEFT A DISTANCE OF 1863
FEET,THE RADIUS OF WHICH ARC HAS A LENGTH OF 5805 FEET,AND THE CHORD OF WHICH ARC BEARS
SOUTH 5'43'EAST A DISTANCE OF 1862 FEET,TO THE SOUTH PROPERTY LINE;THENCE ALONG THE
SOUTH PROPERTY LINE NORTH 89'50'EAST A DISTANCE OF 32.8 FEET TO TIE EAST PROPERTY LIFE;
THENCE ALONE'THE EAST PROPERTY LINE NORTH 0'25'30"VEST,A DISTANCE OF 4303 I LL I TO TIE
NORTH PROPERTY LINE;THENCE ALONG THE NORTH PROPERTY LINE NORTH 88'39'NEST A DISTANCE OF
68.9 FEET,MORE OF LESS,TO THE POINT OF BEGINNING.
AND LOTS I AND 2 IN THE SW I/4 OF SAID SECTION II,TOWNSHIP I NORTH,RANGE 66 NEST OF THE 6TH
P.M.ALL IN HELD COUNTY,COLORADO.
PHASE 2 - NORDEN TRUST (LAFARGE OWNERSHIP)
THE N 1/2 OF THE NE 1/4 OF SECTION 24,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF WELD,STATE OF COLORADO,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SECTION 24;THENCE 5 00°25'10' W,ALONG THE EAST LINE OF
THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 1310.16 FEET TO THE SE CORNER OF THE N 1/2 OF THE NE
I/4 OF SAID SECTION 24;THENCE 5 89°4534'NI,ALONG THE SOUTH LINE OF THE N I/2 OF THE NE 1/4 OF
SAID SECTION 24, 2631b8 FEET TO THE SW CORNER OF THE N 1/2 OF THE FE 1/4 OF SAID SECTION 24;
THENCE N 00.12'21"E,ALONG THE NEST LINE OF TIE N 1/2 OF THE NE I/4 OF SAID SECTION 24, 1309.10
FEET TO THE NW CORNER OF THE N I/2 OF TIE NE 1/4 OF SAID SECTION 24;THENCE N 89'44'15'E,
ALONG TIE NORTH LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24, 2642.54 FEET TO THE POINT
OF BEGINNING.
SHEET 2of3
LEGAL DESCRIPTION CONT.:
PHASE 3 - ANDERSON (LAFARGE OWNERSHIP)
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION lb,TOWNSHIP I NORTH,RANGE 66 NEST OF THE 6TH
P.M.,COUNTY OF WELD,STATE OF COLORADO.
PHASE 4 - MCWILLIAMS (LEASED) •
ALL THAT PART OF THE NW 1/4 OF SECTION 19,TOWNSHIP I NORTH.RANGE 66 WEST OF THE 6TH P.M.
WHICH LIES WEST OF THE CENTER LINE OF THE SOUTH PLATTE RIVER VELD COUNTY,COLORADO,
EXCEPT:
A PARCEL OF LAND LOCATED IN THE NW 1/4 OF SECTION 19,TOWNSHIP I NORTH,RANGE 66 WEST OF TIE
6TH PRINCIPAL MERIDIAN,WELD COUNTY,COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT TIE NORTHWEST CORNER OF SAID SECTION 19,THENCE 5 00'11'42' W.ALONG THE WEST
LINE OF SAID NW 1/4,A DISTANCE OF 3000 FEET;THENCE NORTH 90'00'00'EAST 141.61 I LL TO THE
POINT OF BEGINNING OF SAID EXCEPTED PARCEL;
I)THENCE CONTINUING ALONG SAID PARAI I FI LINE,N 90'00'00"E,A DISTANCE OF 882.35 FEET
TO THE CENTERLINE OF THE MAIN CHANNEL OF THE SOUTH PLATTE RIVER(1997)AND CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING 5(FIVE) COURSES;
2)THENCE 5 22'21'23"Vt A DISTANCE OF 11958 I LLI;
3) THENCE 5 33'19'22"W,A DISTANCE OF 6131 FEET;
4) THENCE 5 43'5159'IN.A DISTANCE OF 162.10 FEET;
5)THENCE 5 46'41'03'W,A DISTANCE OF 182.66 FEET;
6) THENCE 5 35'51'46'W.A DISTANCE OF 4.35 LLI;
1)THENCE DEPARTING SAID CENTERLINE,N 90'00'00"H(A DISTANCE OF 542311U-_i;
8) THENCE N 00°33'48'E,A DISTANCE OF 421.13 FEET TO THE POINT OF PFrINNING OF SAID
EXCEPTED PARCEL,CONTAINING 1.213 ACRES,MORE OR I FS5.
^ PHASE 5 - CHIKUMA (LEASED)
THE N 1/2 OF SECTION 13,TOWNSHIP I NORTH,RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN AND
THE W 1/2 OF THE NW 1/4 OF SECTION IS,TOWNSHIP I NORTH,RANGE 66 WEST OF THE 6TH PRINCIPAL
MERIDIAN,VELD COUNTY,COLORADO. LESS THAT PORTION IN THAT WARRANTY DEED RECORDED
OCTOBER 23, 1908 IN BOOK 281,PAGE 208 OF THE VELD COUNTY RECORDS.
PHASE 6 - CITY OF THORNTON/D*S MINING (LEASED)
THE W1/2 OF THE SW 1/4 OF SECTION 1,TOWNSHIP I NORTH,RANGE 66 WEST OF THE 6Th PRINCIPAL
MERIDIAN (CONTAINS 80 ACRES MORE OR L GO),TOGETHER WITH THE E 1/2 OF THE SE 1/4 OF SECTION
12,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6TH PRINCIPAL MERIDIAN(CONTAINS 80 ACRES MORE
OR LCI),ALL IN WELD COUNTY,COLORADO.
PHASE 7 (SOUTHERN PORTION) - MYRNA (LAFARGE OWNERSHIP)
THE 51/2 OF THE EAST 60 ACRES OF THE SW 1/4 OF SECTION 12,TOWNSHIP I NORTH,RANGE 61 WEST
OF THE 6TH PRINCIPAL MERIDIAN. THE W 1/4 OF THE SW 1/4 OF TIE SE 1/4 OF SECTION 12,TOWNSHIP I
NORTH, RANGE 61 WEST OF THE 6TH PRINCIPAL MERIDIAN.THE FAST 30 ACRL OF THE SW 1/4 OF THE
SE 1/4 OF SECTION 12,TOWYSHIP I NORTH,RANGE 61 NEST OF THE 6TH PRINCIPAL MERIDIAN.
ALL IN WELD COUNTY,CO.
PHASE 7 (NORTHERN PORTION) AND 8 - MFM FARMS (LAFARGE OWNERSHIP)
THE SE 1/4 OF THE NW 1/4 OF SECTION 12,TOWNSHIP 1 NORTH,RANGE 61 WEST OF THE 6Th PRINCIPAL
MERIDIAN AND THE NW 1/4 OF THE SE 1/4 AND THE EAST 30 ACRES OF THE NE 1/4 OF THE 5W 1/4 OF
SECTION 12,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6TH PRINCIPAL MERIDIAN,ALL IN HELD
COUNTY,COLORADO.
SHEETS of 3
jAFARGE
NORTH AMERICA
Construction Materials
October 26, 2005
Mr. Bill Wright
President
Brighton Ditch Company
2645 Weld County Road 23
Ft. Lupton, CO 80621
RE: Letter Agreement—Lafarge West, Inc. (Lafarge)Riverbend Operation 112c
Permit Amendment 01,Permit No. M-2000-016; AMUSR- 1259
Dear Mr. Wright:
This letter Agreement pertains to the Lafarge Riverbend Operation, as amended,and its potential
effect on the Brighton Ditch Company Ditch and associated facilities. The proposed sand and
gravel mine site is located in Weld County, Colorado. A vicinity map and the legal description
of the amended site boundary are attached. The Brighton Ditch traverses the property along its
west edge. This Agreement describes commitments made to Brighton Ditch Company by
Lafarge, related to its operations on the entire Riverbend Project.
The ditch will not be disturbed by the proposed mining plan. Mining and reclamation of the pits
will remain at least 200 feet from the ditch and headgate structure unless approved by the Ditch
Company, subsequent to review of plans and specifications by the Ditch Company's engineer.
Lafarge makes the following additional commitments to ensure the reasonable operation of the
Brighton Ditch.
1. No dewatering flows will be added to the ditch during mining operations unless there is
an agreement in place with the Ditch Company. This will require that plans and
specifications be reviewed and approved by the Ditch Company's engineer prior to
completion of a subsequent agreement.
2. To control seepage into the pits located on the west side of the South Platte River, pit
areas adjacent to the Brighton Ditch will be backfilled to create 3H:1V slopes as soon as
practicable after mining near the ditch is complete. The backfill adjacent to the ditch will
contain compacted material similar to pit liners constructed for water storage reservoirs
(as presented in the Riverbend Operation Regular 112c Reclamation Permit).
Alternatively, a setback distance equal to twice the pit depth will be maintained from the
bank or edge of the ditch to the crest of the pit excavation. In addition, Lafarge will add
monitoring devices to effectively assess and mitigate losses to the ditch due to seepage
from dewatering activities, including measuring weirs and continuous recorders as
approved by the Ditch Company's engineer. The monitoring devices will stay in place
Western U.S.Region
1800 N.Taft Hill Rd.,P.O.Box 2187,Ft.Collins,Co. 80522
Office:970-407-3600 Fax:970-407-3900
Web:www.lafargenorthamerica.com
Page 2
Mr.Bill Wright
October 26,2005
for a sufficient period after reclamation to effectively establish that there is no damage
from seepage to the ditch.
3. Prior to the start of mining and during the mining operations, Lafarge agrees to allow
access across the property for Brighton Ditch Company personnel or their representatives
to perform ditch maintenance and operation activities. Brighton Ditch Company will be
responsible for any fence repairs, other property damage, or personal injury related to or
arising from their operations on the Riverbend property as amended.
4. During mining and reclamation activities, which are estimated to take approximately 30-
35 years to complete, roads will be available and access will be allowed for the
maintenance and operation of the ditch. Lafarge further acknowledges the ditch
company's historic non-exclusive easement and all existing rights associated with the
ditch. Lafarge will be responsible for maintaining ingress and egress to the ditch and will
not place stockpiles or equipment within the easement that could block access for the
Ditch Company without written notification and approval of the Ditch Company.
5. The course of the South Platte within the permit boundary will not be changed due to
mining or reclamation activities.
6. Consistent with permitting requirements, Lafarge agrees to provide compensation for any
unforeseen damage to the Brighton Ditch or associated structures caused by mining
activities. However, prior to commencing mining, Lafarge will work with representatives
of the Brighton Ditch Company to specifically address the details needed to insure that
the ditch and appurtenant structures are protected.
7. Lafarge has the authority to represent the landowners within the Riverbend permit
boundary per their respective lease agreements for mining,permitting and reclamation of
their property. See attachment for copy of lease agreement.
8. Lafarge agrees to pay for the Ditch Company's legal and engineering fees associated with
this permit application and for fees related to future agreements.
9. Operator agrees that if by reason of its construction, operation or mining of said gravel pit
any damage, increased seepage or break in or to the Brighton Ditch occurs, Operator will
with all due diligence, repair and replace such property of The Brighton Ditch Company
in substantially the same condition as the same was in prior to such a break, increased
seepage or damage and will pay any and all monetary damages resulting from such break,
increased seepage or damage sustained or incurred by The Brighton Ditch Company or
its stockholders or water users.
10. Operator further agrees to indemnify and save harmless The Brighton Ditch Company, its
successors, assigns, employees and stockholders and save and hold them harmless from
Page 3
Mr.Bill Wright
October 26,2005
any and all third party claims and damages caused by Operator's operation, construction
and mining of said gravel pit.
11. Operator hereby releases The Brighton Ditch Company, its successors,assigns,
employees and stockholders from any and all claims and damages of whatsoever
character to said gravel pit or other property of Operator unless caused by the negligence
or willful misconduct of the Brighton Ditch Company or its agents or employees.
12. The Brighton Ditch Company, its agents, or consultants, do not warrant or guarantee the
adequacy of designs reviewed by The Brighton Ditch Company or by its consultants.
Operator is solely responsible for designs conforming to applicable Governmental
regulations and statutes and engineering standards.
13. This Agreement is not intended to address issues, terms and conditions relating to transfer
of shares of Brighton Ditch water out of the ditch or to other uses.
If the provisions of this Letter Agreement are acceptable,please signify your approval by
signing and notarizing in the appropriate spaces below.
IN AGREEMENT: IN AGREEMENT:
Mr. Bill Wright Mr. Eric Reckentine
President Area Manager
Brighton Ditch Company Northern Colorado Aggregates
Lafarge West, Inc.
STATE OF COLORADO )
ss.
COUNTY OF )
This instrument was acknowledged before me this day of 0601)e/0 , 2005
by Eric Reckentine as Area Manager, Northern Colorado Aggregates of Lafarge West, Inc., a
Colorado Corporation. r�
Witness my hand and official 1. 1 —( 0 5
�,-61 44:•'(Cth tart'Public
f' L]
/ j •
t[t A Az, �O�%
Page 4
Mr.Bill Wright
October 26, 2005
STATE OF COLORADO
CY ss.
COUNTY O )
instrument was acknowledged before me this S( day of 02.:*05.2-.c8X__ . ,2005
br-4:ift-Wrig.ht as President of Brighton Ditch Company.
Witness my hand and official seal. `Z ' - d CI
M ... � 4!gyres: Q
"
«77 ",11\•, l F;Hie
r. i
'f
h4IFC" - .
Attac
H:\4137_012_0 I Ditch Company Agreements\B righton DitchAgreement 102405 rmal.doc
:4•• !I Y52 ' !'�%� / R67W /` " [ 'N
�' N
1
I
y .®, •
I 1 ,� 1 . /N -
eist11 \ --,r—lt ____,
. ' i'
, \ J .
, .. , reit ,, r:a ,_ i , Lc,
_ - , , , ,.
�r, . .1, ._ r„, .. >,
, ,( Ra, 19 i. .( ' 3
1 • \ 1 t_.
1.8..\.„,7,1 t " 18 :l
�� ,
�1 t -
� .
•�- 1 i 1 so •
b •
: i
•
` _ dd
L1
�• =' '
N 4
23 `fie-- ` `-� I Say mat
F.Na Weld � n Road ° ,, ��
. : .Rn rw
North LAFARGE NORTH AMERICA, INC. l l TETRA TECH RMC
RNERBEND I Iowa SUNSET sr,WiltIF.LONGM NT.aoaosw
VICINITY MAP .aaoems�z.FmosoasesaNGFrocaoeass.ea
NOT roSCALE SHEET alb
LEGAL DESCRIPTION:
PHASE I - RITTENHOUSE (LEASED)
THAT PART OF THE NW 1/4 OF THE SE 1/4 OF SECTION 19,TOWNSHIP I NORTH,RANGE 66 NEST OF THE
6TH PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF THE SE 1/4 OF SAID SECTION 19;THENCE SOUTH ALONG
THE NEST LINE OF SAID QUARTER SECTION A DISTANCE OF 853 Htt I TO THE NORTH LINE OF TIE
DAMIANA PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 524,PAGE 433;THENCE EAST ALONG TIE NORTH LINE OF SAID DAMIANA PROPERTY 264 1 LL I;THENCE NORTH AND PARALLEL TO THE WEST
LINE OF SAID QUARTER SECTION A DISTANCE OF 853 FEET,MORE OR LESS,TO THE NORTH LINE OF 71E
SE 1/4 OF SAID SECTION 19;THENCE NEST A DISTANCE OF 264 FEET ALONG THE NORTH LINE OF SAID
QUARTER SECTION TO TIE POINT OF BEGINNING;EXCEPT THAT PORTION THEREOF CONVEYED TO THE
STATE HIGHWAY COMMISSION OF COLORADO FOR HIGHWAY PURPOCC5 IN CLEGIAL WARRANTY DEED
RECORDED IN BOOK 1401,PAGE 313,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID
SECTION 19 BEARS SOUTH 54°04'EAST A DISTANCE OF 30112 FEET;THENCE ALONG THE SOUTH
PROPERTY LINE SOUTH 88'39'EAST A DISTANCE OF 68.9 I LL TO THE SOUTHEAST CORNER OF THE
PROPERTY;THENCE ALONG THE EAST PROPERTY LINE NORTH 0'2530'NEST A DISTANCE OF 856.8
FEET TO THE EAST-WEST QUARTER LINE OF SECTION II;THENCE ALONG THE EAST-NEST QUARTER LINE
OF SECTION II SOUTH 89'39'WEST A DISTANCE OF 154.3 1 LLI;THENCE SOUTH 4.48'EAST A DISTANCE
OF 535A 1 L.L.I;TFENGE SOUTH 18'50'EAST A DISTANCE OF 103.1 FEET;THENCE SOUTH 4'40'EAST A
DISTANCE OF 223.4 1 tt I,MORE OR LESS TO THE POINT OF BEGINNING.
AND
THAT PART OF THE W 1/2 OF TIE SE 1/4 OF SECTION II,TON:MUIR I NORTH, RANGE 66 NEST OF THE 6TH
P.M.,DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NEST LINE OF THE SE 1/4 OF SAID SECTION 19 WASH IS 1310 I-tt I NORTH
OF THE SOUTHWEST CORNER OF SAID SE 1/4 OF SAID SECTION II;THENCE NORTH 504 hit I;THENCE
EAST 212 FEET;THENCE SOUTH 504 I LLI;THENCE NEST 212 FEET TO TIE PLACE OF BEGINNING;
EXCEPT THAT PORTION THEREOF INGLUVtw WITHIN A PARCEL OF LAND CONVEYED TO JOHN SCHELL
AND CONSTANTINE SHELL IN QUIT CLAIM DEED RECORDED IN BOOK 1001,PAGE 39,DESCRIBED AS
FOLLOWS:
BEGINNING AT A POINT 241 FEET EAST OF THE SOUTHWEST CORNER OF THE SW 1/4 OF THE SE 1/4 OF
SAID SECTION II;THENCE NORTH TO A POINT ON TIE NORTH LINE OF SAID SW I/4 SE 1/4;THENCE EAST25 FEET TO A POINT;THENCE SOUTH TO A POINT ON THE SOUTH LINE OF SAID SW 1/4 SE 1/4;THENCE
NEST 25 FEET TO THE PLAGE OF BEGINNING;AND FXrEPT THAT PORTION THEREOF LYING WITHIN THE
NORTH 10 I LLI OF THE 5 I/2 OF THE SE 1/4 AND THE SOUTH 20 t LLI OF THE N 1/2 OF TIE SE 1/4 OF
SAID SECTION 19 AS CONVEYED TO TIE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY AND TO
NEW GOIMTY TO BE USED AND MAINTAINED AS A PUBLIC ROAD IN WARRANTY DEED RECORDED IN
BOOK 1229,PAGE 556;AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE STATE HIGHWAY
COMMISSION OF COLORADO FOR HIGHWAY PURPOSED IN SPECIAL WARRANTY DEED RECORDED IN
BOOK 1401,PAGE 313,DESCRIBED A5 FOLLOWS:
BEGINNING AT A POINT ON THE NORTH PROPERTY LINE FROM WHICH THE SOUTHEAST CORNER OF SAID
SECTION II BEARS SOUTH 54°04'EAST A DISTANCE OF 3011.2 FEET;THENCE SOUTH 4°48'EAST A
DISTANCE OF 241.6 FEET;THENCE ALONG THE ARC OF A CURVE TO THE LEFT A DISTANCE OF 1863
FEET,THE RADIUS OF WHICH ARG HAS A LENGTH OF 5805 I LL I,AND TIE CHORD OF WHICH ARC BEARS
SOUTH 5.43'EAST A DISTANCE OF 1862 FEET,TO THE SOUTH PROPERTY LINE;THENCE ALONG THE
SOUTH PROPERTY LINE NORTH 89'50'EAST A DISTANCE OF 32.8 FEET TO TIE EAST PROPERTY LINE;
THENCE ALONG THE EAST PROPERTY LINE NORTH 0°2530'NEST,A DISTANCE OF 4303 FEET TO THE
NORTH PROPERTY LINE;THENCE ALONG THE NORTH PROPERTY LINE NORTH 88'31'NEST A DISTANCE OF
68.9 FEET,MORE OF LESS, TO THE POINT OF BEGINNING.
AND LOTS I AND 2 IN THE SW 1/4 OF SAID SECTION 19,TONC1SHIP 1 NORTH, RANGE 66 NEST OF THE 6TH P.M.ALL IN WELD COUNTY,COLORADO.
PHASE 2 - NORDEN TRUST (LAFARGE OWNERSHIP)
THEN 1/2 OF THE NE I/4 OF SECTION 24,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF I FI D,STATE OF COLORADO,DESCRIBED AS FOLLOWS:
BEGINNING AT THE NE CORNER OF SAID SECTION 24,THENCE 5 00'25'10' W,ALONE'TIE EAST LINE OF
THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24,1310.16 FEET TO THE SE CORNER OF THE N 1/2 OF THE NE
1/4 OF SAID SECTION 24;THENCE S 89'4534'W,ALONG THE SOUTH LINE OF THE N 1/2 OF THE NE 1/4 OF
SAID SECTION 24,2631.68 ILIA TO THE SW CORNER OF THE N 1/2 OF THE NE I/4 OF SAID SECTION 24;
THENCE N 00.12'27"E,ALONG THE NEST LINE OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24,1304.10
t LLI TO THE NW CORNER OF THE N 1/2 OF THE NE 1/4 OF SAID SECTION 24;THENCE N 89.44'15"E,
ALONG THE NORTH LINE OF THE 14 1/2 OF THE NE 1/4 OF SAID SECTION 24,264254 FEET TO THE POINT
OF BEGINNING.
i"""t.
SHEET 2of3
LEGAL DESCRIPTION CONT.:
PHASE 3 - ANDERSON (LAFARGE OWNERSHIP)
THE VEST 1/2 OF TIE SOUTHWEST I/4 OF SECTION 18,TOWNSHIP I NORTH,RANGE 66 NEST OF THE 6TH
P.M.,COIM Y OF WELD,STATE OF COLORADO.
PHASE 4 - MCWILLIAMS (LEASED) °
ALL THAT PART OF THE M1 1/4 OF SECTION 14,TOWNSHIP I NORTH,RANGE 65 WEST OF THE 6TH P.M.
WHICH LIES VEST OF THE CENTER LINE OF THE SOUTH PLATTE RIVER,WELD CCIMTY,COLORADO,
EXCEPT:
A PARCEL OF LAND LOCATED IN THE NW I/4 OF SECTION 14,TOWNSHIP I NORTH,RANGE 66 WEST OF THE
6Th PRINCIPAL MERIDIAN,WELD COUNTY;COLORADO,MORE PARTICULARLY DESCRIBED AS FOLLOWS,
COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 19,THENCE 5 0011'42'VL ALONG THE VEST
LINE OF SAID NW 1/4,A DISTANCE OF 30.00 FEET;THENCE NORTH 90.00'00'EAST 741.61 FEET TO TIE
POINT OF BEGINNING OF SAID EXCEPTED PARCEL;
I)THENCE CONTINUING ALONG SAID PARAI I FI LINE,N 40° 00'00'E,A DISTANCE OF 88235 FEET
TO THE CENTERLINE OF THE MAIN CHANNEL OF THE SOUTH PLATTE RIVER(1491)AND CONTINUING
ALONG SAID CENTERLINE THE FOLLOWING 5(FIVE)COUR.CCC;
2)THENCE 5 22.21'23'W,A DISTANCE OF 11458 FEET;
3)THENCE 5 3314'22"W,A DISTANCE OF 6131 FEET;
4)THENCE 5 43°5134'W,A DISTANCE OF 182.10 FEET;
5)THENCE 5 46°41103'W,A DISTANCE OF 182381 LLI;
6)THENCE 5 35°51'46'VL A DISTANCE OF 435 1 LL 1;
7)THENCE DEPARTING SAID CENTERLINE,N 90°00'00' W,A DISTANCE OF 54231 1 LL I;
6)THENCE N 00.33'4&'E,A DISTANCE OF 421.13 I LLI TO THE POINT OF BEGINNING OF SAID
EXCEM I a'PARCEL,CONTAINING 1273 ACRES,MORE OR LT-10.
PHASE 5 - CHIKLIMA (LEASED)
THE N 1/2 OF SECTION 13,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6Th PRINCIPAL MERIDIAN AND
THE W I/2 OF THE MI I/4 OF SFrTION 18,TOWNSHIP I NORTH,RANGE 66 WEST OF THE 6TH PRINCIPAL
MERIDIAN,VELD COUNTY,COLORADO. LESS THAT PORTION IN THAT WARRANTY DEED RECORDED
OCTOBER 23, 1408 IN BOOK 261,PAGE 208 OF THE WELD COUNTY RECORDS.
PHASE 6 - CITY OF THORNTON/D1S MINING (LEASED)
THE W I/2 OF TiE SW I/4 OF SECTION 1,TOWNSHIP I NORTH,RANGE 66 VEST OF THE 6Th PRINCIPAL
MERIDIAN(CONTAINS 60 ACRES MORE OR LESS),TOGETHER WITH THEE 1/2 OF THE SE I/4 OF SECTION
12,TOWNSHIP I NORTH,RANGE 61 NEST OF THE 6Th PRINCIPAL MERIDIAN(CONTAINS 80 ACRES MORE
OR LE-6),ALL IN WELD COUNTY,COLORADO.
PHASE 7 (SOUTHERN PORTION) - MYRNA (LAFARGE OWNERSHIP)
THE 5 1/2 OF THE EAST 60 ACRES OF THE SW I/4 OF SECTION 12,TOWNSHIP 1 NORTH,RANGE 61 VEST
OF THE 6TH PRINCIPAL MERIDIAN.THE VI I/4 OF THE SW 1/4 OF THE SE 1/4 OF SECTION 12,TOWNSHIP I
NORTH,RANGE 61 NEST OF THE 6714 PRINCIPAL MERIDIAN.THE FAST 30 ACRES OF THE SW 1/4 OF THE
SE I/4 OF SECTION 12,TOWNSHIP I NORTH,RANGE 67 VEST OF THE 6Th PRINCIPAL MERIDIAN.
ALL IN VELD COMM CO.
PHASE 7 (NORTHERN PORTION) AND 8 - MFM FARMS (LAFARGE OWNERSHIP)
TIE SE 1/4 OF THE NW 1/4 OF SECTION 12,TOWNSHIP I NORTH,RANGE 61 VEST OF THE 6Th PRINCIPAL
MERIDIAN AND THE NW I/4 OF THE SE V4 AND THE EAST 30 ACRES OF THE NE I/4 OF THE 511 1/4 OF
SECTION 12,TOWNSHIP I NORTH,RANGE 61 WEST OF THE 6Th PRINCIPAL MERIDIAN,ALL IN VELD
COUNTY,COLORADO.
sraaa
Hello