HomeMy WebLinkAbout20020283.tiff Weld County Planning Dept.
OPERATION AND MAINTENANCE ACCESS AGREEMENT _' "'
RECEIVED
THIS AGREEMENT is entered into this_day of December, 2001, by and between Larimer
& Weld Irrigation Company, a Colorado mutual ditch company and nonprofit corporation ("LWIC")
and Sean Ash, Peter C. Hyland, and Mark A. Zigray(collectively, the"Owners").
RECITALS
A. LWIC owns an irrigation ditch running through the Property, which is generally known
as the Eaton Ditch or the Eaton Canal (the "Ditch").
B. The Owners are the owners of a tract of land located in Weld County, Colorado, known
as Coyote Run PUD — Change of Zone (the "Property"), which is more particularly described as
follows:
Lot C of Recorded Exemption No. - -_-RE-2759, Recorded at Reception No.
in the Records of Weld County, Colorado, Being a Portion of the
North 1/2 of Section 26, Township 7 North, Range 67 West of the 6th P.M., County of Weld,
State of Colorado, Containing 137.644 Acres, More or Less.
C. As a part and parcel of the change of zone and replatting of this Property, the Owners
desire to grant to LWIC an easement along each side of the Ditch for the purpose of accessing,
maintaining, operating and improving the Ditch(the"Easement").
NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this
Agreement, and for valuable consideration, the adequacy of which is hereby acknowledged, the parties
mutually agree as follows:
1. The above Recitals are accurate and are incorporated herein by reference.
2. The Owners hereby grant to LWIC the Easement along each side of the Ditch for the
purpose of accessing, maintaining, operating and improving the Ditch. The Easement will be shown on
the final plat of the Property and will be at least 25 feet wide measured perpendicular to the Ditch bank
outwardly on each side of the Ditch.
3. The parties agree that this Easement is necessary for the maintenance, improvement and
general operation of the Ditch, and that it shall remain open and free of any obstructions preventing
LWIC to operate its vehicles and equipment across and along the Easement.
4. In the event that it becomes necessary to "gate" either end of the Property where the
• Ditch enters or exits, any gating shall be done with the approval of LWIC. LWIC shall not have access
to its Easement unreasonably restricted.
5. LWIC will maintain the Easement in a reasonable manner, making a reasonable effort
to control and mow weeds, and shall not pile debris or any other accumulation on this Easement except
for the temporary location of construction materials to be used in maintaining and improving the Ditch,
or the piling of dirt if the Ditch needs to be cleaned. Any suc dirt chall he rem ved by LWIC in a
reasonably timely manner. EXHIBIT
2002-0283 cR,3 C (( )J I
6. This Easement shall be for the exclusive use of LWIC or those owners of tracts
immediately abutting the Easement, and shall not be used by the general public.
7. The Easement herein shall be perpetual and shall run with the land so long as LWIC
operates the Ditch. In the event that the Ditch is permanently abandoned such that it is no longer used
for irrigation purposes, the Easement shall be of no further force or effect.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date above
written.
LWIC:
Larimer& Weld Irrigation Company
106 Elm Street
P.O. Box 206
Eaton, CO 80615
By:
Barry Anderson, President
STATE OF COLORADO )
)ss.
COUNTY OF WELD )
Subscribed and sworn to before me this day of , 20 ,by Barry Anderson.
My commission expires:
Notary Public
[SEAL]
OWNERS:
Sean Ash
520 Parkwood Dr.
Windsor, CO 80550
Peter Hyland
7680 WCR 74
Windsor, CO 80550
Mark Zigray
9778 WCR 80
Fort Collins, CO 80524
2
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of , 20_,by Sean Ash.
My commission expires:
Notary Public
[SEAL]
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of , 20 ,by Peter Hyland.
My commission expires:
r
Notary Public
[SEAL]
STATE OF COLORADO )
)ss.
COUNTY OF )
Subscribed and sworn to before me this day of , 20_,by Mark Zigray.
My commission expires:
Notary Public
[SEAL]
3
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