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AGREEMENT
THIS AGREEMENT Made and entered into as of May 27, 1959, by
and between WELD COUNTY, A POLITICAL SUBDIVISION OF THE STATE
OF COLORADO, BY THE BOARD OF COUNTY COMMISSIONERS, herein
designated first party, and LONE TREE DITCH AND LATERAL COMPANY
of the State of Colorado and County of Weld, herein designated second
party, WITNESSETH THAT,
WHEREAS, a pipe approximately 36 inches in diameter was sometime
prior hereto installed underneath the right of way of Union Colony Canal
No. 2 at a point in the NW 1/4 of Section 18, Township 6 North, Range 64
West of the 6th P.M. , Weld County, Colorado, which pipe is used to
collect and dump waste water and seep water into Lone Tree Creek, and
WHEREAS, the obligation to maintain said pipe is not clearly
established, and
WHEREAS, the County of Weld did many years ago provide some
maintenance work on said pipe, and
WHEREAS, said pipe has deteriorated to the extent that the water
which is flowing in Union Colony Canal No. 2 goes into said pipe and thence
into Lone Tree Creek, and
WHEREAS, an emergency exists which calls for immediate action
and second party has made a demand upon the County to install a new pipe
at the above location, and
WHEREAS, the parties hereto have entered into certain agreements
which they desire to reduce to writing.
NOW, THEREFORE, for and in consideration of the above and fore-
going recitals, which are hereby made a part hereof by reference, and the
mutual promises, covenants and agreements herein contained, it is mutually
understood and agreed as follows:
1. That the County will install a pipe approximately 36 inches in
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diameter under the Union Colony Canal No. 2 at a point located in the
Northwest Quarter (NW 1/4) of Section 18, Township 6 North, Range 64
West of the 6th P. M., Weld County, Colorado. Said pipe is to be installed
immediately.
2. That the County is installing the pipe by reason of the fact that
an emergency exists and that many farmers who are served by both Union
Colony Canal No. 2 and Lone Tree Creek are in dire need of early water
at this particular time.
3. The fact that first party is installing said pipe does not es-
tablish any responsibility for future installation or replacement of the
pipe or further maintenance thereof. Nor shall the execution of this con-
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tract be construed as a release by Lone Tree Ditch and Lateral Company
of any claim which it may now have for future installation or replacement of
said pipe. The execution of this contract and the installation of the pipe
by the County shall in no way change the rights or liabilities of either of the
parties hereto.
This agreement shall be binding upon and shall inure to the benefit
of the respective successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have hereunto set their
hands and seals the day and year first above written.
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLORADO, BY THE
BOAR /QF COUNTY SSSIIONNERS,
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F eputy County Clerk First Party
LONE TREE DITCH AND LATERAL COMPANY
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>_ N - By �/ ;Part President �J/ ,
i to `a ihness
P`, ATTEST:
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AN AGhEEMENT MADE AND ENTERED INTO
AS OF MAY 27, 1959, BY AND BETWEEN
WELD COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF COLOttADO, BY THE BOAttD
OF COUNTY COMMISSIONEhS, HEREIN DES-
3N'ATED FIkST PATTY, AND LONE THEE
."."CH AND LATEhAL COMPANY OF THE STATE
C 2CLOhADO AND COUNTY OF WELD:
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