HomeMy WebLinkAbout950366.tiffEASEMENT
THIS AGREEMENT, made and entered into by and between WILLIAM H.
JERKE and CHARLES W. JERKE, hereinafter called "Landowners," and THE UNION
DITCH COMPANY, a corporation duly organized and existing under and by virtue of
the laws of the State of Colorado, hereinafter called "Ditch Company," WITNESSETI-i:
WHEREAS, Landowners are the sole and only owners of title in fee simple of
the following property:
Lot B, Recorded Exemption No. 0961-3-1-RE691, being a
part of the Southeast Quarter (SE1/4) of the Northeast
Quarter (NE1/4) of Section Thirty-two (32), Township Five
(5) North, Range Sixty-five (65) West of the 6th P.M., Weld
County, Colorado, as per map recorded August 22, 1984
in Book 1040 as Reception No. 1978642;
and,
WHEREAS, Ditch Company owns the legal right to operate and maintain its
irrigation canal or ditch in, through, and upon a part of Section Thirty-two (32),
Township Five (5) North, Range Sixty-five (65) West of the 6th P.M., Weld County,
Colorado, which irrigation canal or ditch of Ditch Company has been in existence in
its present location, together with various enlargements, for many years, with first
construction in 1874; and,
WHEREAS, Landowners and Ditch Company have mutually identified the
location of the right-of-way of Ditch Company upon Landowners' hereinbefore-
described lands, and have mutually agreed that Landowners shall erect and
maintain, at the expense of Landowners, a t -post and wire fence along the southerly
boundary of Ditch Company's right-of-way upon Landowners' hereinbefore-described
lands; and,
WHEREAS, the parties desire to evidence in writing the terms of said
agreement.
NOW, THEREFORE, for and in consideration of the premises, and the mutual
promises, covenants, and conditions herein contained,
IT IS MUTUALLY UNDERSTOOD AND AGREED by and between the parties
as follows:
1. That Landowners, for themselves and on behalf of all parties holding and
subsequently acquiring land located in said Lot B of Recorded Exemption No. 0961-3-
1-RE691, Weld County, Colorado, shall have no liability nor responsibility to maintain
the irrigation canal or ditch of the Ditch Company in the area where said canal or
ditch is adjacent to or is located in said Lot B of Recorded Exemption No. 0961-3-1-
RE691, such being the sole responsibility of Ditch Company.
2. Ditch Company shall have the sole responsibility to maintain or operate its
irrigation canal or ditch in connection therewith and shall have the responsibility and
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right at all times to maintain the banks, sides, and bottom of its irrigation canal or ditch,
/ and, when necessary, to excavate and remove from said ditch debris, sand, and all
types of materials which may get into said irrigation canal or ditch and which will
obstruct or impede the flow of water therein. Said Ditch Company shall be solely
responsible for the placement, construction, operation, and maintenance of all
structures on, along, and over said irrigation canal or ditch, including headgates.
3. Landowners shall erect and maintain a t -post and wire fence, which fence
shall be a minimum of five (5) feet high (7 -foot t -posts buried 1 to 1-1/2 feet), with steel
posts for added strength, and five (5) strands of barbless barbed wire one (1) foot
apart. No wooden posts are to be used. The fence shall be located fifty (50) feet
south from the center of the canal of Ditch Company over and across Lot B, Recorded
Exemption No. 0961-3-1-RE691, Weld County, Colorado, recorded in Book 1040 as
Reception No. 1978642.
4. Landowners and Ditch Company mutually acknowledge and agree that
the easement and right-of-way of Ditch Company to operate and maintain its irrigation
canal or ditch is located in, upon, and through that fifty -foot (50') wide strip of land
located along the north boundary of Lot B, Recorded Exemption No. 0961-3-1-RE691.
5. Within said afore -described fifty -foot (50') wide easement and right-of-way
of Ditch Company no structure, trees, or other plants or other material shall be placed
or permitted to remain which may damage or interfere with the installation, operation,
and maintenance of the irrigation canal or ditch of Ditch Company, or which may
obstruct, retard, or change the direction of flow of water through the irrigation canal or
ditch of Ditch Company.
6. Landowners will make no claim against Ditch Company for seepage
damage to foundations, basements, yards, or buildings to be placed on said Lot B,
Recorded Exemption No. 0961-3-1-RE691, Weld County, Colorado.
THIS AGREEMENT shall be binding upon and inure to the benefit of these
parties, and their successors and assigns, and the successors, heirs, executors,
administrators, and assigns of the successors and assigns of Landowners.
IN WITNESS WHEREOF, the parties have subscribed their hands and seals
this /i'A day of February, 1994.
ATTEST: •
c- .
L
THE UNION DITCH COMPANY
Secretary President U
William H. Jerke Charles W. Jerke
2
Ditch Company
Landowners
950366
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