HomeMy WebLinkAbout20151130.tiff 489 • • A SEP 1 0 1963
a.,i f Roc Nq,' 1 4-1: 7t t'3' ' •.Ann Spooner,Recorder •/
GREELEY-LOVELAND SHAREHOLDER'S DOMESTIC WATER AGREEMENT .Nt��Exto I
THIS AGREEMENT, Made this } day of /� 1009, by and between the City
irooley, Colorado,hereinafter referred to as "City" and .t-'nrc.`-tz e 03° -'-s—, hereinafter
erred to as"Shareholder,"WITNESSE'FH:
WHEREAS, the City of Greeley and the Greeley and Loveland Irrigation Company entered into a contract dated Juno
30, 1961 concerning City use of certain facilities owned by the Shareholders, of the Greeley and Loveland Irrigation Company
which la hereinafter referred to as "Basic Agreement" and,
WIIERES, the City is considering construction of a distribution grid to furnish water to the inhabitants In the area South
and West of the City as provided In paragraph 2-R of the "basic Agreement."and au recommended on Page 9 of the engineering
report of Nelson, Haley, Patterson and Quirk dated January, 1963, and, as recommended to No Council by Greeley Water
Board February 4, 1963, and, ,
WHEREAS, the Shareholders of record Juno 90, 1901 of the Greeley and Loveland Irrigation Company in the area South
and West of the City desire to obtain domestic water for their domestic use in accordance with the "Baaic Agreement," and,
WHEREAS, paragraph 4-D of "Basic Agreement" provided for supplemental contracts to be entered Into from time to
time as the parties determine is necessary. '
NOW THEREFORE, THE PARTIES HERETO AGREE AS FOLLOWS:
jr I. In accordance with the "Basle Agreement," paragraph 2-s,, the City shall furnish water to the Shareholder for the ,
following purposes only.
z . '
a. For those dwellings existing upon the land at the date of this agreement and for two additional single family 'p 4
dwellings,b. For livestock and feeding purposes not to exceed 360 head of cattle kept or maintained upon the land for any ono I
calendar month. -
2, That upon annexation of any tract or area to the City of Greeley, the area annexed shall become entitled to all the
water service provided by said City and water service to the remaining portion of Shareholder's premises shall continue; how,
over, Shareholder shall not, by reason of this contract, acquire any vested or adverse right to continue No use of water from
the Greeley Water Systesn other than as provided in this contract. I
3. That in accordance with "Basle Agreement," paragraph 4.F, concerning subdivision agreements, Shareholder agrees:
a. That upon annexation of any tract or area, to annex to City in units of 10 acres unless officially-platted subs .
division of a different size has been approved by the Greeley Planning Cotnntlsaion. ,
b. That the provisions of this paragraph shall apply only to Shareholder's premises to be annexed when downed to
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urban uses and when contiguous on at least ono side to areas included within the City Smite for the purpose of preventing any
enclaves or islands growing In or on the edge of City; and furthermore that one primary conaldoratlon hereof is that if the '
premises shall ever be embraced or included within the boundaries of a tract or pint which is sought to be annexed to the
City of Greeley,either by individual petition or by the City itself,then and In that event, the Shareholder specifically agrees that i
he will consent to Join in the annexation of such territory by the City of Greeley, subject only to the compliance by any ouch
petitioners with all of the legal requirements pertaining to the annexation of territory to a municipality. Furthermore, that
Shareholder does hereby emlwwer and Irrevocably authorize and appoint the City Clerk of the City of Greeley, Colorado, his
-•feel attorney In fact, for him and his place and stead to sign any such annexation petition as may be initiated by the City
ucil itself, onebracing the above described land within the territory to be annexed to the City of Greeley, Colorado, end
.reholdor does hereby grant said City Clerk full power and authority to sign his nano to such' petition, thereby binding
said Shareholder to all of the terms and provisions of said petition as fully as he might do himself and for all Intents and
purpose as if he himself had signed said petition, it being thoroughly understood by Shareholder that a primary consideration i
for the grunting of the petition Is Shareholder's covenant and promise to the City of Greeley, Colorado. Shareholder further
covenants and agrees for himself, his successors, and Resigns, that If he falls to sign any ouch annexation petition when requested
by the City, or falls to abide by each and every covenant therein contained, then and In that event this privilege or right to
use water may bo terminated by the City of Greeley, Colorado, upon the giving of 30 days notice In writing of its intention '
no to'do,
c. That upon annexation to City or subdivision within 3 miles of City limits, Shareholder agrees to dedicate such
streets and highways and rights'of'way for drainage ways es are heretofore established by appropriate plan of the Greeley
Planning Commission and to a waiver of right to compensation through eminent domain proceedings for any buildings, improve.
'
monts or structures built or constructed on or over any street, highway or drainage-way specifically provided In any appropriate
established plan of the City Planning Commission, then on filo in the office of the County Clerk and Itccordor of Weld
County,Colorado.
d, Upon the Shareholder's prmniuos or part thereof being annexed or subdivided,then as a condition for the continued
wetter service, Shareholder shall comply with all ordinances, and Greeley Planning Commission regulations concerning the platting
of land, zoning, building Co nstrnc tioq permits, inspections, fire, safety, health, traffic, use of water and other applicable
natters, no fully as if said promises wore Ideated within the City of Greeley, Colorado.
o. Upon the Shareholder's premises or a part thereof being annexed or subdivided as defined heroin,then as a part of
the consideration for race's/big water taps and domestic water service from the City of Greeley, the Shareholder will provide '
raw water rights, not to exceed 9 acre feet oY water per acre of lend Involved, to ho transferred to the City as a condition of
annexation or subdivision and as a condition to continuo to eine and receive city water within the subdivided or annexed portion,
the Shareholder agrees to transfer at that time the required water rights. The quantity of such water to be transferred shall he
computed nt 100% of the then capacity of the water rights transferred and deliverable under the Greeley and Loveland irrigation
company system.
f. (1) That if any of the area heroin described almll become a part of another town or city, then City shell have the rya
right to terminate the water service to Nat portion of that area that becomes a part of another city or town. 'a
(2) if the Shareholder ceases to be a Greeley-Loveland Shareholder, then City shall have the right to terminate i__,
the water service to Shareholder's premises and all other terns of this contract shall be terminated. •, o
4, That in accordance with "Bale Agreement." paragraphs 2.11, concerning tap fees and plumbing regulations, Shareholder W
agrees:
a. To pay all coats or charges incident to snaking taps, and hmiallntlon of meters, as may be'then In effect by onion
ance for the Clty of Greeley, and that said installations shall he made rider the supervision of the Director of the Water o
.Department, or such ether official an the City may designate. c
b. To request and accept water tape on or along eaten shed County rondo opposite Shareholder'', present farm residences o
and front this point of delivery Shareholder agrees to pay for the installation of necessary water lines to hie point of use
e. To accept the City water at the pressure as delivered in the distribution grid owned by City and If In the delivery of d
water there is excessive pressure flint would cause damage to the plumbing of Shareholder, the Shareholder agrees to furda
and install the necessary regulators or If additional pros sure is needed Shareholder agrees to furnish his own auxll lary pumps.
d. To comply with Slate of Colorado Plumbing Code and Permit Inspection by City of Greeley Plumbing Inspector for
any facilities' er structures using City water for the pee rposo of protecting the health of all users, on the Greeley water eyeless].
e. That the motored water rates as provided in paragraph 2'B of the "Basic Agreement" shall be established es pro- m
:1 by the City of Greeley Charter adopted June 24, 1968.
f, To apply for / water tape of ^^" ,"ti!— also, now of which exceed ono Inch In size, to be l
used for domestic purposes on the Shareholder's property described as follows, °risco :��a�q
l Jr
of Section / 7 , Township , North Range _—(f� 7 ri 1
West of the 6th P.M., County of Weld, State of Colorado.
. 03. gig 33 %
7 :�� / 2 � •? h 3 / Z 6 y .2 7J � 3qG X° bx 1
• 489 •• ,....s...,..
^r:•.ww�las 4ri:�.; �' lF...,t'?Z{Siif'•` f ! rj
y. b,:•a;
,-g,.•Toveo.,atl,•ontihiiieed. g,;lions of water per month through the above tape. ? ' '
ii. To grant City permlaalon.to use nocessary'rights-of-way along tho boundary of Sharoholdor's said property for the
Installation and maintenance.of transmission-lines:an4':distribution grid system linos, provided, City shall reimburse Share-
holdor for crop damage and to irrigation or other structures of Shareholder. .
I, That prior to annexation or subdivision, Shareholder will comply with all regulations and ordinances adopted by
City for tho use of domoatic water. , _
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5. a. That in accordance with paragraph 4-A "Basic Agreement," It was the intent of City to acquire Orooloy and
,Aveland Irrigation Company water rights trait time to limo and add to the prosont water supply of the City of Groeloy,and as
a part of tho consideration for this agroemont and when Sharoboldor subdivides or annexes to the City and if ho has more than
' 3 acre foot of water par acre, and ho owns other lands within tho Oreo)oy-Loveland Dfetricl, then ho may transfer the amount
Of water In excess of the 3 acre feet to such other land; provided,If said wator is not so transferred as herein outlined, then
City shall purchase and Shareholder shall sell said irrigation water and project water at a price agroed upon betweon the
parties horoto but if a price cannot be agreed upon thon at the price ns determined by a commission appointed by a Judge of tho
•.. District Court as in an ominont domain proceedings. 1
' b. In case Cho Shareholder wishes to remove the project water from the Groeloy-Loveland Dlotrlet, then the Share-
:.holdor shall give tbo City the first opportunity to purchase. Tho price on said water shall be oetablisbod at a price whiob tho
Shareholder has a written offer from, and is willing to accept from a third party.This opportunity shall be exercised by Resole-
. 'Hon oY the City Council within 16 days after receipt of written notice is given by the Sbaroholtlor of his Intention to sell the
water. Failure of the City to pass said Rosolution within 16 days of said notice of intent shall release the Shareholder.
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6. That due to the quality of Boyd Lake water as shown In Table 9,page 18,Wheeler Report 1962,City will bo unable to
ueo Boyd Lake and/or Boyd Lake Pumping plant as provided In Sections 3 and 4 of"Basic Agreement,"thus this Agroomont shall
not be binding on either party horoto until an "operation agreement"Is signed by City and the Oreuloy and Loveland Irrigation
Company as to the use of Lake Loveland,4rIMMIst and Boyd Lake, concerning tho storage and withdrawal of water owned
by the cur of Greoley. . _ . ,, .. .
7. That.tho definition of "subdivision" as referred to In paragraph 4.1r of "Basic Agreement" shall moan the con•
• version of the land to a business, commercial, Industrial or Scientific use or a convnorclal cattle feed yard, as defined In the
official resolution adopted by the Board of County Commissioners, or an urban housing development, .
8. That all the terms and conditions hereof shall extend to and be binding upon the heirs, assigns and successors in
interest of tho parties horoto.
9. Whenever tho word, ho, his, or him, is used herein, such word•shall also mean and include the words, she, they,
hers, theirs or thorn, and the singular shall likewise mean and includo plural. .
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IN WITNESS WHEREOF,the patties horoto have caused thle Agrooment to be executed In duplicate,
Sbtkbolder
• J ,
CITY OF CREW J9V. COLORADO
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.By r./L4 M�o' t'i'vv • i'vt,v%iq''' ...';''''.<41 '.41:. :O.1.° ' ' '
Approved'lts(ta hh)fo� ,i' ' •
• .-4.'•ti-' t ;,'r. -..:▪ 1B.H. Cruce . . .
•(� ''•i'.1.•1.1 t+ •Clty•Haunter - ' ,
dh, •r. . , , . . , . , . , .
Approved as to form; ,
Thomas A. Richardson •
'
• city Attorney .
STATE OF COLOItAUO ) ' '
COUNTY OP WELD ) • ,
-, This ay oared before mo p -00—''—e•- ,)
and • , known to me to ho tho above named Shareholder, and acknowledged
. the exocu(io ''.?)o tdregoing Agreement and power of.attorney ne•hiu (boro).(their) fret) and voluntary act and deed for the
usoa'arid;Wu osle['thorela stated. . .1 , , •
\tryWitness dry,<nsaet.and official soul. •
•
Mx.1V'ciLa' piree: My Cf)ln r • •
o- _ nl ssion expires May 4, 1967. a �_,} •
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