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HomeMy WebLinkAbout650330.tiffCl PERMIT AND AGREEMENT THIS PERMIT AND AGREEMENT, made and entered into this 1st day of December, 1965, by and between THE COUNTY OF WELD, State of Colo- rado, acting by its Board of County Commissioners, as party of the first part, and THE HANDY DITCH COMPANY and THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY, both Colorado corporations, parties of the second part, is upon the following terms and conditions, to -wit: WHEREAS, second parties intend to jointly construct and operate a new concrete lined main irrigation canal in Weld County, Colorado, and in connection therewith will abandon portionsof their existing main canals which portions of their existing main canals are crossed by County Roads belonging to first party and such crossings are accomplished by three wooden bridges and one metal culvert, and WHEREAS, in order to construct the said new concrete lined canal it will be necessary to remove the said three wooden bridges and steel culvert. The said bridges and culvert are located as follows: 1. Bridge across main canal of The Consolidated Home Supply Ditch and Reservoir Company (not the Lake ditch) being on the east line of Section Six (6), Township Four (4) North, Range 68 West of the 6th P.M. 2. Bridge over the main canal of The Handy Ditch Company, a few feet south of the above described ditch, on the east line of said Section Six (6). 3. Bridge across the main canal of The Consolidated Home Supply Ditch and Reservoir Company on the east line of the Southeast Quarter (SE*) of Section Five (5) Township Pour (4) North, Range 68 West of the 6th P.M. 4. Steel culvert which carries the waters of the main canal of The Handy Ditch Company under the road near the north end of DeFrance Reservoir in the Southeast Quarter (SE -k) of said Section Five (5). NOW THEREFORE, in consideration of the premises and of the mutual covenants herein contained it is agreed between the parties as follows: 650330 1. First party shall remove said bridges and culvert and first party shall be entitled to retain all materials which can be salvaged therefrom. 2. Second parties shall give to first party five (5) days written notice of the date upon which they will require the removal of said bridges in order to permit second parties to proceed with the construction of their said new canal. 3. Promptly after the removal of each such bridge and culvert second parties shall complete the construction of their said new canal at the sites of the said bridges and culvert, and shall simultaneously therewith, and at their own expense, construct three pairs of concrete bridge abutments at the following locations, to -wit: a. One pair shall be located at the intersection of the new joint canal of second parties and the County Road which lies on the east line of Section Six (6) Township Four (4) North, Range 68 West of the 6th P.M. b. One pair of abutments shall be constructed at the present site of the third bridge described above. c. One pair of abutments shall be constructed at the present site of the steel culvert described above. The said abutments shall be constructed in conformity with the specifi- cations previously furnished by first party to the engineer for second parties, and by the latter incorporated into drawings thereof. Upon completion of construction of said abutments the same shall become the exclusive property of first party. 4. It shall be the obligation of first party to complete all remaining construction of new bridges upon each of said three pairs of abutments. IN WITNESS WHEREOF this Permit and Agreement is executed in -2- duplicate the day and year first above written. u ty ommission-rs" or ^e oun y, Colorado Party of the First Part THE HANDY DITCH COMPANY BY: I I J �-G�/� t.cs„,„ THE CONSOLIDATED HOME SUPPLY DITCH AND RESERVOIR COMPANY BY: ca?- )/ l,ttivl resident Parties of the Second Part -3- Hello