ALP 6

IMPLIED CONSENT AGREEMENT
INVOLVING SEWER PLANT INVESTMENT FEE
THIS AGREEMENT is made and entered into this aU .1/0 day of ,
,Z6__10 Y1, 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).
WTTNESSETH:
WHEREAS, Owner has applied for municipal sewer 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;
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 four (4) inch sewer pipeline(s) with the sewer 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 sewer
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 one (1) year period. The permission herein
granted from the City is for the sole and single purpose of allowing Owner to
obtain sewer 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 1 /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 Comer of said Section 32 bears North 18440'38" West, 4131.17 feet,
THENCE North 01201'00" 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, 338.58 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 00259'00" East, 706.86 feet, along the line between Lot 4 and Lot 6 of said
Section 32;
THENCE North 002 59'00" East, 680.46 feet, along the line between Lot 4 and Lot 5 of said
Section 32;
THENCE North 00441'00" East, 295.30 feet, along the line between Lot 4 and Lot 5 of said
Section 32;
THENCE North 00241'00" East, 288.17 feet, along the line between Lot 4 and Lot 5, to the
centerline of the Animas River;
Revised 1996