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AGREEMENT
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This agreement made and entered into this JO' " day of April, 1958, by
and between the BOARD OF COUNTY COMMISSIONERS of the County of Weld and State
of Colorado, herein designated first party, and A. J. KAVENY, SR., RUTH C.
RAVEN!, ANITA K. DENIO, formerly Anita Karr, and ARNOLD J. DALTON, as
Administrator of the Estate of Alma Mabel Dalton, also known as Alma M. Dalton,
Deceased, herein designated second parties, WITNESSETH THAT:
WHEREAS, the Board of County Commissioners made a change about the year
1954 in County Road No. 249 as the same was then laid out through a part
of Sections 22 and 23, Township 7 North, Range 66 West of the 6th P. M., Weld
County, Colorado, so as to straighten said road, and,
WHEREAS, in straightening said road at said point it was necessary to
eliminate part of an open lateral ditch which had prior to the change in said
road extended from a point near the Eaton Ditch to the lands belonging to second
parties located in Section 26, Township .7 North, Range 66 West of the 6th
P. M., Weld County, Colorado, and,
WHEREAS, after eliminating said ditch an 18 inch tile line was laid from
the point where second parties receive delivery of their water from the Eaton
Ditch, which lies West of said County Road No. 249 as the same now exists, to
a point which lies West of said County Road, at which point said tile line
empties into an open lateral ditch, and,
WHEREAS, it has been established that the existing 18 inch tile line will
not carry all of the water which second parties are lawfully entitled to draw
through said tile line, and,
WHEREAS, the parties hereto have reached an agreement that first party
will at first party's expense obtain permission from the owners of that part
of Sections 22 and 23, Township 7 North, Range 66 West of the 6th P. M.,
Weld County, Colorado, in which a portion of said County Road is located, to
lay an additional 18 inch tile line along side of the existing 18 inch tile
line and said parties desire to evidence their said agreement in writing.
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WOK 1502 PACE 59
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NOW, THEREFORE, for and in consideration of the mutual promises, covenants
and agreements herein contained, it is mutually agreed by and between the
parties hereto as follows:
1. That all of the above and foregoing recitals are hereby made a part
hereof as though restated herein.
2. That at such time as an executed copy of this agreement is delivered
to first party, first party will immediately take the necessary steps to lay an
18 inch tile line from a point in Section 22, Township 7 North, Range 66 West
of the 6th P. M., Weld County, Colorado, which lies West of County Road No. 249,
said point being located at the place where second parties receive delivery
of their water from the Eaton Ditch, to a point which lies East of said road
which point is approximately 325 feet to 350 feet Southeasterly from said place
where second parties receive delivery of their water from the Eaton Ditch.
Said tile line shall be laid next to the existing 18 inch tile line, all joints
shall be cemented and said tile line shall have sufficient fall to carry
second parties' water to the Southerly end of said tile line where the same
will dump into an open lateral ditch. A concrete header shall be placed at
each end of said tile line and a grate or screen shall be placed over the
opening of said tile lines on the North end to keep weeds and other debris
out of said tile lines. Said tile line shall be laid in a good workmanlike
manner and first party agrees the work necessary to lay the tile when commenced
shall be prosecuted diligently so as to complete the laying of the additional
tile line as soon as possible after the execution of this agreement to the
approval of second parties, who shall on such completion signify their approval
in writing.
3. After said tile line is installed second parties will be responsible
for the maintenance of said tile lines with the exception of that portion of
the tile lines which lie within the county highway right-of-way and first
party shall be responsible for the maintenance of said portionswhich lie within
said county highway right-of-way.
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5D0K1W2 PAGE 60
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4. Second parties agree that when the additional 18 inch tile line is
installed that the two 18 inch tile lines are sufficient to carry all water
second parties are lawfully entitled to draw from the Eaton Ditch.
5. Second parties hereby release first party from any and all claims
of damage second parties have or may have by reason of the elimination of
their said ditch and the laying of said tile lines as aforesaid. It is
intended hereby to release first party from any and all claims any of second
parties have for any damage for removal of the open lateral at the time said
County Road No. 249 was straightened and for alleged failure of the original
18 inch tile line to carry all water second parties were legally entitled to
draw through said line and from any obligation or duty hereafter to maintain
or repair said two pipe lines or either of them, except only the portions
thereof which shall be within the highway right-of-way, and from any damage
which may occur by reason of any failure of said pipe lines.
The provisions of this agreement shall be binding upon and shall inure
to the benefit of the heirs, executors, administrators, successors and assigns
of the respective parties hereto.
IN WITNESS WHEREOF the parties hereto have hereunto subscribed their
names the day and year first above written.
BOARD 0 CORN COMMISSIONERS,
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JL{� ,,s. 21 Ati 1 n o-
Anita K. Dealt), formerly Anita Karr
,
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Arnold J. balton
as A��inistrator of
the Estate of Alma Mabel Dalton, also
known as Alma M. Dalton, Deceased.
SECOND PARTIES
Ai'
,L s7 12'7'74. 1 f; ✓
FILE NO. ,2., //A
AGREEMENT RE INSTALLATION c(ji 4 ,
OF TILE LINE WEST OF COUNTY - G-7 ---12,77 -6
ROAD #249s
Between the Board of County ; ,.
Commissioners, first party
and r
(A. J. Kaveny, Sr. in
)h C. Kaveny a
Anita K. Denio, formerly Anita o -
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Karr /5 a2
Arnold J. Dalton, as Administrator +`
of the Estate of Alma Mabel w a
ss\
Dalton, also known as Alma M. ass F
Dalton, deceased) .
second parties: a�i i/ CO /
/ ,
Section 22 'and 23 mw,,,..,
Township ? No th
Range 66 Nest , •
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fI,r',.A1. L, ' 2nd - t,.J,
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:.; c c5 C.aac;ssicnuS
Crccc1j, Coh;ada,
May 8, Y fg
Mr. Carl Magnuson
Eaton. Colorado
Dear Mr. Magnuson: Res Tile Line
In regard to our recent conversation relative to the
tile line in your field in the S veh.y, Denio,
Lateral, we are moving in to dig the trench for the
additional tile lint alongside the present 18' tile
line. This line is being installed by Faris Concrete
Works for Weld County.
Weld County will cover the tile lint in workmanlike
manner, replace fences and leave in as good a condition
as found.
Very truly yours,
•
•
R. G. Warren
Chairman, Board of County Commissioners
Weld County, Colorado
RGW/lf
LETT ER T 0 CARL J. MAGNUSON
RE INSTALLATION CF TILE LINE
IN HIS PROPERTY: RE AGREEMENT
DATED APRIL 30, L958:
TO BE BANDED AT THE BACK OF AGREEMENT
June 9, 1958
Board of County Commissioners
of Weld County
Courthouse
Greeley, Colorado
Gentlemen:
Pursuant to terms of agreement made and entered into on
April 30, 1958, by and between Board of County Commissioners
of Weld County, Colorado, and the undersigned, this letter
is to signify our approval of the completion of the tile
line mentioned in said agreement to our satisfaction.
Very truly yours,
A. J KSAeny, rSc
?di
C. Kaveny
Anita K. Denio, £ohherly Anita Karr
Cam. et /71�.i �
Arnold / D on, as Administrator
of the Estate of Alma Mabel Dalton,
Deceased.
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LAW OFFICES (� � ,L ( t
HOUTCHENS AND HOUTCHENS r'•"�t��
KINNE' 3UIlC'NG 17 ,
GREELEY, COLORADO -at
BARNARD HOUTCHENS ELGIN 2-4050
PHONE
S.ROBERT HOUTCHENS ELGIN 2-4051
RODGER I.HOUTCH ENS
JOHN J.DOOLEY
June 11, 1958
Board of County Commissioners
of Weld County
Courthouse
Greeley, Colorado
Gentlemen:
We enclose herewith letter dated June 9, 1958, signed
by all of the parties interested in the tile line covered
by agreement of April 30, 1958. This letter is written in
compliance with the terms of said agreement.
Mr. and Mrs. Kaveny, Mrs . Denio and Mr. Dalton have
asked us to express their appreciation to you for your
prompt and fair manner in handling this situation.
Very truly yours,
HOUTCHENS AND HOUTCHENS
S. Hobert Houtchens
SRTT:r
enclosure
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