ALP 6

IMPLIED CONSENT AGREEMENT
INVOLVING WATER PLANT INVESTMENT FEE
THIS AGREEMENT is made and entered into this day o
2fx1?, by and between the CITY OF DURANGO, a municipal home -rule corporation
(hereinafter referred to as "City ") and the ANIMAS -LA PLATA WATER CONSERVANCY
DISTRICT (hereinafter referred to as "Owner," whether one or more).
WITNESSETH:
WHEREAS, Owner has applied for municipal water service from the City at a site which
is located outside the city limits of the City of Durango, which site is located on the real property
hereinafter described; and
WHEREAS, the City has heretofore adopted a policy pursuant to which the City desires
to limit or eliminate the extension of City water service to properties which are not served by a
central sewer system;
WHEREAS, the City acknowledges that the properties owned by the Owner are subject to
an easement held by the United States Bureau of Reclamation ( "Bureau ") and
WHEREAS, the City has agreed to furnish such service conditional upon Owner's
agreement to perform the terms, conditions and obligations hereinafter set forth, the parties do
hereby agree as follows:
1. Subject to Owner's compliance and completion of the terms, conditions and
obligations hereinafter set forth, the City does hereby grant to Owner a revocable
permit to connect a three -inch and a six -inch water pipeline(s) with the water
utility system of the City. This permit is revocable at any time by and at the
pleasure of the City Council of the City of Durango; provided, however, this
permit shall be revoked automatically pursuant to the terms of this agreement if
connection to the water utility system of the City is not accomplished within a
period of one (1) year from the date of the execution of this agreement. No
subsequent documentation shall be required from the City to evidence such
revocation in the event connection is not made within the aforementioned time
period. The permission herein granted from the City is for the sole and single
purpose of allowing Owner to obtain water facilities from the City for the benefit
of certain property located outside the city limits of the City of Durango on the
following described property, to wit:
Township 35 North, Range 9 West of the N.M.P.M., North of the Ute Line
That part of lots 4 and 11, in the West half (W' /2) of Section 32, and more particularly described
as follows:
BEGINNING at a point on the South line of Lot 11 of said Section 32, whence the North West
Section Corner of said Section 32 bears North 18 240'38" West, 4131.17 feet,
THENCE North 01401'00" East, 951.06 feet; -
THENCE South 88222'00" West, 35.64 feet, to the West line of said Lot 11;
THENCE North 00459'00" East, 33 8.5 8 feet, along the line between Lot 11 and Lot 12, to the
common corner of Lots 4, 6, 11 & 12 of said Section 32;
THENCE North 00 2 59'00" East, 706.86 feet, along the line between Lot 4 and Lot 6 of said
Section 32;
THENCE North 00259'00" East, 680.46 feet, along the line between Lot 4 and Lot 5 of said
Section 32;
Duran gu.1CA. W ater(Mna1.1114.04).DM
Revised 2004