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Home My WebLink About20173056.tiff11011111111111111111111111111111 1011, !fl 11111 11111111 3406899 07/31/2006 1Q:17A Weld County, Co 1 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder RIGHT OF WAY EASIMENrs AND LICENSES THESE EASEMENTS AND LICENSES made and entered into this 28 day of July, A.D 2006 by and between The Fars Reservoir & Irrigation Company Colorado corporation, as First Party, and Larry and Marsha Bargas, as Second Party; WITNESSETH: T ESSETH THAT WHEREAS, First Party is the owner of those certain irrigation canals known as the Beebe-Teres Cut Off Ditch in Weld County, Colorado; and WHEREAS, Second Party desires to construct and maintain Access in varying sizes over or under and across the rights of way of said canals at the locations and in the manner as shown on the drawings marked Exhibit lkhereto attached and by this reference made a part hereof. Said Exhibit lkconsists of 4Lpheet and each sheet represents a specific crossing; and WHEREAS, First Party is willing to grant the easements and licenses desired by Second Party. NOW, THEREFORE, in consideration of the sum of $10.00 paid to Farmers Reservoir & Irrigation Company the receipt of which is hereby acknowledged, and the agreements of Second Party to be performed hereunder and upon the conditions and for the period herein stated, First Party does grant to Second Party, its successors and assigns, easements and licenses to construct, install, lay, maintain, alter, repair, operate and remove a access over or under and across the strips of land which constitute a part of the rights of way of the canals hereinabove named at the specific locations and in the manner designated and referred to in the applicable sheet of Exhibit Jk. Second Party agrees not to commence construction of said access at any of the points described in Exhibit A without first having obtained the consent and approval thereof of the Superintendent of First Party. It is understood that, if the First Party only owns an easement for Canal and Lateral rights of way or any part thereof at the locations described in Exhibit P, this instrument shall grant to Second Party only such rights as First Party may under such circumstances grant. In laying and constructing said access and thereafter in repairing, maintaining or removing same Second Party shall do so in such manner as not to damage said Canals and Laterals or the DOC - LICENSE AND EASEMENT AGREEMENT 1 Illl�ltl �111111l11Illll1ti«Itt�{i111111tllltil�l1tll �� 3406899 07131 12006 ,o:,Ta Weld County, co 2 of 6 R 31.00 Q 0.00 Steve Morena Clerk & Recorder embankments thereof and so as not to interfere with the flow of water in said Canals and Laterals. Any and all excavations made shall be immediately leveled off, and any damage to the Canals and Laterals, embankments, fences, roads or other improvements shall be promptly repaired by Second Party at its sole cost to the satisfaction of First Party. Second Party agrees that it will at all times maintain said access and repair all breaks, leaks and damages therein and thereto at its own expense and further that, if, by reason of any break, leak or damage in and to the access, injury to the properties of First Party is sustained, then Second Party will, with all due diligence, repair and replace such property of First Party in the same condition as the same was in prior to such break, leak or damage in and to the said access and will pay any and all monetary damages resulting from such break, leak or damage sustained or incurred by First Party or its stockholders o r water users. Second Party further agrees that, if at any time the access causes any settling in the ditch embankments, the roads thereon, o r any part of the ditch rights of way, it will, upon notification from First Party, immediately make all repairs required by First Party at Second Party's expense. Second Party further agrees to indemnify and save harmless First Party, its successors, assigns, employees, agents and stockholders on account of any damage or loss sustained by them or any of them arising by reason of laying, construction, maintenance or removal of said access. If in the future First Party should desire to enlarge, deepen or otherwise change or relocate said Canals and Laterals o r to construct any other canal ditch or waterway on said Canal and Lateral rights of way or to do any other thing incident to the operation of said canals and Laterals or any other portion of the irrigation system of First Party, then Second Party agrees, at Second Party's expense, with all due diligence, to change, relay and reconstruct its access so as to comply with such plans and specifications as First Party may prescribe as being necessary to permit the proper maintenance and operation of First Party's irrigation system. Second Party agrees to protect First Party and save and hold it harmless from any and all third party claims and damages that said access and its operation, construction, maintenance and removal may directly or indirectly cause; and Second Party hereby releases First Party, its successors, assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said access or other property of Second Party located in, along or across said Canal and Lateral rights of way arising out of either the operation or maintenance of said canals and Laterals or other portions of First Party's irrigation system or resulting from any other act either on the part of Doc - LICENSE AND EASEMENT AGREEMENT 2 11111111111111111 ua iiiui lulu iiiii1 iii uiu iiii iiii 628+-h 3406899 07/31/2006 1O:17A Weld County, Co 3 of 6 R 31.00 0 0.00 Steve Moreno Clerk & Recorder First Party or on the part of any Third Party. The rights of way herein granted to Second Party shall continue so long and only so long as Second Party, its successors and assigns, shall faithfully and promptly comply with the provisions herein stated. It is mutually understood and agreed that this agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns. EXECUTED in duplicate the day and year first hereinabove written. Attest: Its ecreta STATE OF COLORADO, } }ss. COUNTY OF ADAMS ) FIRST. •ARTY sktSERVO, 5 General Man-•er The foregoing in trument was acknowledged before me this day of ,.. , 20_ by �l 9 as cretary of Elora:CIO Pze id n-tand es -4) ate corporation. Witness my hand and notarial seal. My commission expires r s I • My Comm. Wires SECOND PARTY DOC - LICENSE AND EASEMENT AGREEMENT r OnapOzi 3 liHhlt 11111 1110 1111lii1ll 111111 11111111111111111! Ili! 3406899 07/31/2006 10:17A Weld County, CO 4 of 6 R 31.00 D 0.00 Steve Moreno Clerk & Recorder Attest: Its ger' san O r ) }58. COUNTY O } i The foregoing instrument as acknowledged before me this day of as as 24Q‘, by Witness my hand and notarial seal. My commission expires LICENSE MID EASEMENT AGREEMENT and of corporation. Notary Public 4 IDIS 0 C3 0 O ec C C3 Ct M One •MP rt. go d CD CI CI se ci ra riat ei SAM C a Cal le Mimi iw illassiaamarr. J F• 1 d SIN i4oP'P rinyselliij R 7 • i(05,S) f 4-4 P41 51:11 ePui fdrfr o r s'. w c oglit t r 'ANK BATTERY \1/4 iimmellg)* essose 30 ...�■■■. a�.Y� a a E Y 1 i i I /yr i Pte /4* fv:4`" to) gam'+ • 30 ' cro CD 'i . 1 l I i �N 114a7667ft' I Ex t);} - P.0.8 LOT A SOO '14 ' 58"W 463.00 ` 5G7`12'44"v i65.7i' -SOS'1 '4 D.W 174.21' EXISTING RESIDENTIAL • ACCESS L0TA (OSs 1b.00 ET 14.5E A..C. SEE DETAIL A N00 40 ' S" 3151.06 20" WIDE ACCES AND UTILITY EASEMENT AS SHOWN ON LAND SURVEY PLAT 3Y ALPHA ENGINEERING CO . PEC . #3102710, WELD COUNTY RECORDS t*kshdt A cross( .4 -PROPOSED RESIDENTIAL ACCESS SEE DETAIL E I 2652.80' 45 Rue'ED) up. ;'S at • LOT B GROSS 19.15 A.C.+ NET 16J7 A,Ct NOTE: 3' —! ROAD RIGHT —C BOOK 86. Pa CCTOBE I 14; ITYPICAIL) 237.06 • a as • e 5r .a• a. P's C . 3 LOT E B e s _ ip%tSee a a.. i a► s a S e a t ,.e ee a airy aak ■ a a.► Irn o OD tO min Lc) Jo0 a e C "frti rU 'III') 01 El z co n 0 .3) a*. z an mten a _ 0 Lri a verr qwe rn C) n vd INOReHEST CORNER DE EECTIC . 10, F MD 3/4" REBAR WITH c ALUM:NA _. A P PLS 25937, W. C.R. #.24-1 1 PROPERTY LOCATION I • . z 4 to ■ • C, S cc re a es Marais cc., Mk 0 S 14' iTo ieSSI P.'S fa S ImP a esis ice NEWM o4 sow a cc WEI aa to DAY OF _. MY CDMMISS: NOTARY PUB! WITNESS MY 1PLANNINI TF S PLAT DEPARTMTEK THE FOREC THIS_, DAY OF a._ MY CD MIl NOTARY P! MAY HAND • _ EFIVEYC ,o 3* Ms DI IN THE Se THE SURVI ME OR UNI REPRESEN AND BELT SEARCH B ■ OOUDL. FOR AND SURvEYIW 29 S 4Th PH, 303 • • I11111!1111111111111111III iIl1111111III111111111liii 3550965 04/30/2008 04:58P Weld County, CO FRICO# 2836 1 of 7 R 41.00 I) 0.00 Steve Moreno Clerk & Recorder M-4 /(1 NON-EXCLUSIVE RIGHT OF WAY EASEMENT THIS INSTRUMENT dated this 19TH day of FEBRUARY , 2008 by FARMERS RESERVOIR & IRRIGATION COMPANY as Grantor, and REYNALDO BONILLA , as Grantee is as follows: WITNESSETH: WHEREAS, Grantor is the owner of that certain right of way for and all canal improvements and appurtenances upon the right of way ("Canal") more particularly described or depicted on Exhibit "A", attached hereto and made a part hereof, commonly known as the BEEBE CANAL AND THE EAST NERES CANAL/ SECTION 10 , TOWNSHIP 2N RANGE 65W in WELD County, Colorado (hereafter "Right of Way");and WHEREAS, Grantee desires to obtain an easement from Grantor for access and to construct and maintain certain structures upon or across or under the Right of Way at the locations and in the manner shown on the drawings marked Exhibit "A" attached to and made a part hereof ("Permitted Structures"). Exhibit "A" and/or "B" consists of a total of 2 sheet(s); and WHEREAS, Grantor is willing to grant the non-exclusive easement desired by Grantee upon the terms and conditions set forth in this Non Exclusive Right of Way Easement. NOW, THEREFORE, in consideration of the sum of $ 10.00 paid to Grantor the receipt and adequacy of which is hereby acknowledged, and as additional consideration the obligations and agreements of Grantee to be performed hereunder, Grantor does grant to Grantee, its successors and assigns, a non-exclusive easement over and/or across and/or under the Right of Way to access, construct, maintain, replace, operate and remove the Permitted Structures in the place and manner and expressly limited as set forth in Exhibit "A" and/or "B". The grant of this non-exclusive easement by Grantor is without any representation or warranty of title of any nature. Grantor has made no representation of the quality of its title, and in the event that it shall at any time be determined that the non-exclusive easement granted hereby is beyond the right or authority of the Grantor, the rights and interests hereby Granted shall be limited to such rights and interests as are within the right and authority of the Grantor to grant as of the date of this Right of Way Easement. The non-exclusive easement that is the subject of this agreement is further subject to any previously granted rights of way or use of the Canal and Right of Way which arise by or through Grantor or which exist by right of use or claim independent of Grantor, Grantee agrees not to commence construction of said Permitted Structures without first having obtained the consent and approval of the designated official of Grantor. 1 • In the event that any construction, maintenance, modification, operation or removal of the Permitted Structures requires that the operation of the Canal be restricted or the flow of water reduced or curtailed for a period of time, and in the event that the Grantor shall in its discretion agree to such reduction or curtailment of the use of the Canal for a period of time, the specific period of time shall be d to advance Grantor and Grantee and SpF3G11lG agreed in u by the Grantor uan and Grantee raves and shall be set forth and separately signed by the parties in the form attached and made a part hereof as Exhibit "C". Unless this entire Agreement is modified by the parties hereto, no oral agreement or representation by any officer, director, employee or agent of the Grantor shall have the authority to bind the Grantor to reduce or curtail the use of the Canal by the Grantor, In absence of a signed Exhibit "C", in no event shall the period of reduction or curtailment of flow in the Canal exceed a period of twenty-four (24) hours. Only the president of the Grantor, or such corporate official as is designated in writing by the Board of Directors of the Grantor, shall have any authority to bind the Grantor to any period of reduction or curtailment of use of the Canal by the Grantor. Grantor may, in its sole discretion, co-operate with the Grantee in managing or maintaining the flow of water in the Canal to assist the Grantee in the accessing, constructing, maintaining, replacing, operating or removal of the Permitted Structures, but such co- operation is within the sole discretion of the Grantor, and the Grantor shall not at any time be a� a required to stop or reduce the flow of water in the Canal or to in any way modify its o operations for the benefit of the Grantee. In no event shall the Grantor be liable for any damages that may occur to the Permitted Structures or to the interests of the Grantee related D 0 to the Permitted Structures arising from the use or operation of the Canal and Right of Way " by the Grantor, absent the intentional act of the Grantor to damage the Permitted Structures. w In constructing said Permitted Structures and thereafter in maintaining, replacing, operating o and removing the Permitted Structures, Grantee shall do so in such manner as not to E damage said Canal, particularly the embankments and access thereto, and so as not to r- 7 interfere with the flow of water in said Canal or the management or maintenance of the ..1 ce �, Canal. Any damage to the Canal, its embankments, and any appurtenance of the Grantor ei © within the Right of Way, including fences, roads or other improvements shall be promptly repaired by Grantee at its sole cost to the satisfaction of Grantor. aQ N a Grantee agrees that it will at all times maintain said Permitted Structures and wilt repair all R o breaks, leaks or damages to the Permitted Structures or to the Canal and Right of Way fl arising from the construction, maintenance, replacement, operation, or removal of the eise re mem LC Permitted Structures or arising from the Grantee's use and access of the Right of Way at its _ le g own expense. Further, if damage to the Canal or Right of Way of the Grantor is sustained rig 2 c arising from the Permitted Structures or the access or use of the Right of Way by the Grantee, then Grantee will, with all due diligence, repair such damage or replace such property of Grantor to the same condition as it was prior to such damage. Further, Grantee agrees to pay any and all monetary damages arising from the Permitted Structures or the Grantor's access and use of the Right of Way that are incurred by Grantor and its LU alders ter userw stockholders UI water users. Grantee agrees to protect Grantor and save and hold it harmless from any and ail third party claims and damages that the Permitted Structures and their operation, construction, maintenance and removal may directly or indirectly cause. Grantee hereby releases Grantor, its successors, assigns, employees, agents and stockholders from any and all claims and damages of whatsoever character to said Permitted 2 Structures located on or across the Canal and Right of Way arising out of either the operation or maintenance of the Canal. In the event of default in the performance of any of the obligations set forth herein by Grantee, which default shall not be remedied within thirty (30) days after written notice of default, or the case of a matter that would reasonably take more than thirty days to remedy if Grantee shall fail to undertake substantial action to remedy the default within thirty (30) days after written notice of default Grantor, in addition to any other remedies that may be available to the Grantor in law or equity shall have the right to terminate this Non-exclusive Right of Way Easement. It is mutually understood and agreed that this agreement and all the terms and conditions hereof shall extend to and be binding upon the parties hereto, their successors and assigns. Any assignment by Grantee shall be subject to the reasonable review and approval of the Grantor. Any assignee of the Grantee shall, at a minimum, have at least the same financial resources as the Grantee. Notwithstanding the Grantor's right of review and approval of a proposed assignee as provided in this paragraph, Grantor shall approve an assignment to a municipality that acknowledges that it is subject to all the terms and conditions of this Non - Exclusive Right of Way Easement. Until such time as the Grantee shall assign this Non-exclusive Right of Way Easement to a municipality of the State of Colorado or other governmental subdivision of the State of Colorado the rights and obligations of the Grantee set forth herein shall be deemed to be a covenant running with the land owned by the Grantee that is benefited by this Non-exclusive Right of Way Easement. INIM• 1=5 To the extent that any of the Permitted Structures provide for or allow public access and use of the Non-exclusive Right of Way Easement over and across the Canal and Right of Way, Grantee shall be responsible for the safety of the public enjoying the access permitted by this Non-exclusive Right of Way, and Grantee shall take all steps necessary or appropriate to fence off any area that may be dangerous for public access, warn of any dangerous condition, light areas where public access is permitted during hours of darkness and take all other steps reasonably required to insure the safety of all persons permitted or invited by the Grantee to make use of the Permitted Structures and access upon the Right of Way by this Non-exclusive Right of Way Easement. This Non-exclusive Right of Way Easement shall be deemed to have been executed in the State of Colorado regardless of the actual location of execution, shall be deemed to be exercised in the State of Colorado and shall be interpreted in accord with the laws of the State of Colorado. Jurisdiction for any claim or action between the parties that may arise under this Non - Exclusive Right of Way Easement be the District Court of the State of Colorado for the judicial district including WELD County, Colorado. All rights and interests of the Grantor that are not expressly granted to Grantee pursuant to this Non-exclusive Right of Way Easement shall remain wholly vested in the Grantor. 3 • • EXECUTED in duplicate the day and yearfi,rgDp �einabove written. GRANTOR FARMERS RESERVC�FI RFGA`r COMPANY • By•Ck\\t�� ...� ATE 7 Its General Manager : u.i i IIRICO o - -.. SEAL - N b riff 1�`l STATE OF COLORADO } }ss. COUNTY OF 'kx-Ant. } The foregoing instrument was acknowledged before me this Lq day of 1OortLC11LI 1 , 2008, by MANUEL MONTOYA as General Manager and MARY HANSSEN as Secretary of FARMERS RESERVOIR AND IRRIGATION COMPANY , a COLORADO corporation. Witness my hand and notarial seal. My commission expires APRIL 19. 2008 •• A & Xi "'VEX Notary Notary Public\J U1 1110114 I1I111111111111C11 i111I 3550965 04/3012008 04:58P Weld County, 4 nt 7 R 41.00 I] 0.00 Steve Moreno Clerk & i ecordel- GRANTEE By Its President Attest: Its Secretary STATE OF (INN- .d.° , )ss. COUNTY OF leNn 'cf�1T1 ) } The foregoing instrument was acknowledged before me this day of [x �l ,� , 2O • , by (Reynaldo Zon,/ic. as and as of ,a corporation. Witness my hand and notarial seal. My commission expires )a zoio 1111111111I111111VIII11111111111II111IIIVIII!III!III 3550965 04130/2008 04:58P Weld County, CO 5 of 7 R 41.00 D 0.00 Steve Moreno Clerk & Fecnrder 5 EXHIBIT C Pursuant To the terms of the Non-exclusive Right of Way Easement, the following activity is to be undertaken by the Grantee: [Describe the specific work to be undertaken, specifically describing the "Construction Zone"] Grantor states that it may transport water through the Construction Zone from the period beginning at 12:00 o'clock am/pm on FEBRUARY 19th 2008 to the completion time that is 12:00 o'clock am/pm on MARCH 15th, 2008 . In the event that Grantee shall not complete the construction by the completion time set forth herein, Grantor shall, as an additional remedy to all those set forth in the Non-exclusive Right of Way Easement to enter upon the Right of Way and to provide for the completion of the construction of the work, to the extent that such work permits Grantor to return flows to the Canal for the benefit of its shareholders, and in such event Grantor shall not be responsible for any loss or damage to incomplete structures, delay in completion or other claim from the Grantee or any of its contractors. Grantor shall not be responsible for any storm flows or any other water discharged into the Canal by any third parties during the period of construction provided herein, and Grantee and its agents and contractors shall be deemed to have been advised of such possibility and shall be deemed to have accepted that such flows could occur during the period of construction as a risk of the project. EXECUTED in duplicate the day and year first hereinabove written. GRANTOR: FARMERS RESERVOIR & IRRIGA By 61\0\ p� ti\kki,\ \k It's General Manager Attest: 1-27e,t7 It's Secretary GRANTEE: It's Attest: It's } I11ti�111�111t11ti1lI11�`�� \ 5 gq 5 04 �0J2U 1411131 45p Weld Coun e'rk & Recorder at fl 41.0O D 0.00 Steve Moreno Cl 6 at 7 R 4i .OQ 6 1111 `'� ii 1 i1 ill IT i ! is i! 1 :it is ;1I ii!I lit. : r 'F P1 IpI . !II g .. Fl i g G ;3 1 d Iii' (Al 21 4 1 li' ipi11.1 liiliiil@ I. y. Y ri ] I;il 2l ,l 3 hill !!! 7{illi !llici;;41,I ! }1 y+ Ili! ' ' yi !,i'llrEiFy 11 1 yE �+ 1: p iI !i dilliiiiiliiisirsiiiyi'! i i I !Iii .„il2:111 Ii Igr I iliii sliil!'lSii3-! it 1!; i i iF 11'I ia'! iipi ` r ! { kyly g !1 !r . g !� ! •! 71 pl yi„ ivio l!l!ppiitla 1! !sill sl I Bill !ill !f !?'E1 l Ilif};rlis"Plill}!1[I xB ila: ii ! II !!!1i WI; ,...4.-;i !,.0-4,.;........,;,1! i! N3g.i . ' 0• !ll l lip. 1•III1!]�iE �.Fi!¢'si"@iiiii`Ee1li! 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