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FEB221980 ,i'
RIGHT-OF-WAY AGREEMENT GREELEY. COLO.
THIS AGREEMENT, Made end entered into this h -h day of February, I980by
and between THE WATER SUPPLY AND STORAGE COMPANY, a mutual irrigation company,
organized and existing under and by virtue of the laws of the State of Colorado,
First Party, and WELD COUNTY, COLORADO, Second Party.
WITNESSETH:
WHEREAS, First Party is the owner of an irrigation ditch and a right of way
therefore, and
WHEREAS, Second Party desires to acquire a right of way and easement for a
culvert bridge across the irrigation ditch of First Party;
NOW, THRREFORE, The parties hereto hereby mutually agree as follows:
1 . First Party hereby grants to Second Party a right of way and easement
to construct and maintain the 10'-O" x 4'-10" aluminum culvert across the
ditch of the First Party. Located in the S.E.2 of the S.W.k of Section 35,
Township 8 North, Range 66 West of the 6th P.M. , Weld County, Colorado, See
plan attached 86/336.
2. First Party also grants to Second Party the right of ingress and
egress to and from said right of way, as necessary and reasonable for the
exercise of the rights granted herein.
3. That portion of the Irrigation ditch disturbed for the installation
or maintenance of the said culvert Is to be maintained at all times by the
Second Party at his own responsibility and expense, but First Party shall
have the right to do such emergency repair or maintenance as may be required.
In the event any sum is expended by First Party for repair or maintenance of
the ditch at the point of disturbance, Second Party shall reimburse First
Party for such expense. Determination of whether repair or maintenance is
necessary, and whether an emergency exists , shall be the sole right and pri-
vilege of First Party.
4. Installation and maintenance of said culvert shall be entirely with-
out disturbance of the flow of water in First Party's ditch, unless permission,
in writing, is first had and received from First Party for such disturbance.
Second Party expressly agrees that it shall be liable to First Party or Its
shareholders in damages for any unauthorized disturbance of the flow of water.
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800936
5. In the event that first Party finds it necessary to make emergency
repairs to the disturbed portion of the ditch, whether now or at any future
time, First Party shall be wholly without liability for damage to Second
Party as the result of the making of said repairs, except as to such damage
as may be caused by gross negligence or wanton and willful misconduct.
6. Installation of said culvert and appurtenances shall be entirely
without cost to First Party and forever hold it harmless from liability for
damage to third persons resulting from said crossing or any construction or
ropa;r in connection therewith. Installation to be under the supervision of
Company superintendent.
7. First Party shall have full power to operate, maintain, alter, en-
large, relocate, clean and manage its ditch as if this agreement had not been
made. and any expense or damage caused thereby to Second Party shall not be
chargeable to First Party.
8. This agreement and all the terms and conditions thereof shall extend
to and be binding upon the successors and assigns of each of the parties
hereto.
9. Venue for any action in law or equity hereunder shall be Larimer
County, Colorado.
IN WITNESS WHEREOF, The parties hereto have caused these presents to be dully
executed by the proper officers, and have affixed their seals hereto, the day
and year first above written.
THE WATER SUPPLY AND STORAGE COMPANY
ATTEST! sy(4 QLC Q f<, � 2:24,1643- 1
silent
First Party
Secretary
WELD COUNTY, COLORADO •
By l` �� C.harj man or tc,c:buun.:
6,A:aL :;� E.. Ur;%y Lvhimi55/onerS
- mEmoRAnDum
VI To Norman Carl son ('hal nnan nf Date December 11 , 1979
Board of Cariissioners - VIA Weld County Attorney
COLORADO From Wayne Smyth, Di rertnr nf Engineering
subject: Weld County Bridge 86/33R
The attached Right-of-Way Agiesnent with The Water Supply and Storage Company
was to be executed last summer when we replaced Weld County Bridge 86/33B but
was overlooked. The company requests we sign the Agreement at this time.
According to the secretary, this is the standard Agreement that the campany uses
for all its ditch crossings. I see no objection to the County exectuing this
Agreement.
a���
ayne Smyth
Director of Engineering
WS:sad
THE WATER SUPPLY AND STORAGE COMPANY
HARVEY O.JOHNSON. PRESIDENT VIVIENNE I. WOODWARD. SECRETARY
POST OFFICE BOX 1584 PHONE 482-9499
2319 EAST MULBERRY
FORT COLLINS, COLORADO 80522
August 17, 1979
Mr. Wayne Smith
Weld County Engineer
P.O. Box 758
Greeley, Colorado 80631
Dear Mr. Smith;
Enclosed herewith original and copy of the right of way agreement. Please
have them executed and return to us. Upon receipt of same, we will execute
and return a copy to you.
Thank you.
Yours very truly,
THE WATER SUPPLY AND STORAGE COMPANY
Vivienne I . Woodward
Secretary
Encls.
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