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THENCE North 00441'00" East, 295.30 feet, along the line between Lot 4 and Lot 5 of said
<br />Section 32;
<br />THENCE North 00441'00" East, 288.17 feet, along the line between Lot 4 and Lot 5, to the
<br />centerline of the Animas River;
<br />THENCE South 35248'00" East, 200.13 feet, along the said centerline of the Animas River;
<br />THENCE South 40431'00" East, 295.00 feet, along the said centerline of the Animas River;
<br />THENCE South 40404'00" East, 129.00 feet, along the said centerline of the Animas River;
<br />THENCE South 51416'00" East, 189.88 feet, along the said centerline of the Animas River;
<br />THENCE South 45429'00 "`East, 169.80 feet, along the said centerline of the Animas River;
<br />THENCE South 43 418'00" East, 56.70 feet, along the said centerline of the Animas River to the
<br />West Right -of -Way of Highway 550 -160;
<br />THENCE South 07456'00" East, 274.58 feet, along the West Right -of -Way line of Highway
<br />550 -160;
<br />THENCE South 07456'00" East, 360.22 feet, along the West Right -of -Way line of Highway
<br />550 -160;
<br />THENCE South 02404'00" East, 292.30 feet, along the West Right -of -Way line of Highway
<br />550 -160;
<br />THENCE South 05449'30" West, 617.10 feet, along the West Right -of -Way line of Highway
<br />550 -160;
<br />THENCE South 01404'15" West, 408.02 feet, along the West Right -of -Way line of Highway
<br />550 -160, to the beginning of a curve concave to the Southeast having a radius of 175.00 feet;
<br />THENCE Southwesterly 325.18 feet along said curve through a central angle of 106 4 27'55",
<br />along the West Right -of -Way line of Highway 550 -160 to the North Right -of -Way line of La
<br />Plata County Road 211;
<br />THENCE South 622 10' 19" West, 634.29 feet along said North Right -of -Way line of La Plata
<br />County Road 211, to the South line of said Lot 11;
<br />THENCE South 87441'00" West, 64.16 feet, along the South line of said Lot 11, to the point of
<br />beginning.
<br />The above - described property is to be utilized for the national purpose of construction and
<br />operating the Animas -La Plata Water Project, including, but not limited to, the Durango Pumping
<br />Plant and appurtenant structures, a temporary concrete batch plant, and a temporary office
<br />building and contains one permanent and two temporary unit(s) to be served by the City's water
<br />utility.
<br />2. That the water utility service herein authorized on a revocable basis is restricted
<br />exclusively to the land and use described in paragraph 1 of this agreement, and no transfer,
<br />enlargement, or increase in said water utility service shall be had or made without written
<br />approval of the City Council of the City of Durango.
<br />3. That the connection hereby authorized shall be made with the water utility system
<br />of the City and such point as the City Engineer of the City shall prescribe in writing, and the
<br />water utility service line of the Owner running from the point of connection with the mainline to
<br />the Owner. Any mainline extension required to be installed shall be constructed by the Owner at
<br />his expense and in compliance with the specifications of the City of Durango. Upon completion,
<br />inspection and acceptance of the main line, Owner shall guarantee the materials and
<br />workmanship for a period of one (1) year. Following the guarantee period, said line shall be
<br />transferred to and subsequently maintained by the City of Durango.
<br />4. In conjunction with the application for an implied consent agreement by Owner,
<br />Owner, through the Bureau, has heretofore tendered to the City, the Bureau of Reclamation Plans
<br />and Specifications for Durango Pumping Plant, Stage 1 and Stage 2, submitted in November,
<br />2002, as amended, ( "Plans and Specifications ") pertaining to a portion of the proposed
<br />development on the real property described in paragraph 1 above. Owner agrees that the
<br />improvements on the above - described property will be constructed in accordance with the terms
<br />and provisions of the Plans and Specifications heretofore filed with the City of Durango. Owner
<br />acknowledges and agrees that by virtue of the execution of this Implied Consent Agreement and
<br />the acquisition of City water utility services, Owner's property may be subject to future
<br />Dwmgo.ICA. W ow(F na1.1214.04).DOC
<br />2
<br />Revised 2004
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