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<br />T1II~ ACREEHENT, Made and ent"red into this 29th day of June
<br />19'19, by and between TIlE ATClIISO;l, TOPEKA A:iD SANTA FE RAIL\,AY CmlPA:;Y,
<br />a corporation, (hereinafter called the "Railway COlJpany") and TOI<N
<br />OF GRANADA, Prowers County, COlorado, an incorporated town of the
<br />State of Colorado (hereinafter called the "Town").
<br />
<br />R E C I TAL S:
<br />--------
<br />
<br />Under authority of ,the Flood Control Act of 1948, as amended,
<br />approved June 1948 (Public Law 80-858, 80th Congress) the UNITED STATES
<br />OF AlffiRICA, represented by the United Stat"s Army Engineer District,
<br />Albuquerque, will design and construct a flood control project in
<br />the vicinity of Granada, Colorado, and the Town is the, sponsor for
<br />the project,
<br />
<br />The TOwn, as sponsor, has given assurances to the United
<br />States that it will fulfill the requirements of said 1948 Flood Control
<br />Act. ~
<br />
<br />The Town will provide, without cost to the United States.
<br />all lands, easements and rights-of-way necessary for the construction
<br />of the project, and upon completion of the project, the project will
<br />become the property of the Town with operation and maintenance responsi-
<br />bUi!;ies,
<br />
<br />The Railway Company owns land, railroad embankment, tracks,
<br />bridges, and other railroad appurtenances along and across Wolf Creek
<br />in the Vicinity of Granada, Colorado that will interfere with the
<br />construction, operation, and maintenance of the project,
<br />
<br />The United States Army, Corps of Engineera, has made a
<br />separate agreement with the Railway Company to construct a portion
<br />of the project, a flood control channel under Railway Company'. bridge
<br />485.8, and a sandbag gap, upon the RaUliay Company'. right-of-way.
<br />
<br />Tbe Railway Company and Town agreel
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<br />ARTICLE I
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<br />In consideration of the covenants of the Town hereinafter
<br />'contained and of the faithful performance of the same, the Railway
<br />Company agrees:
<br />
<br />To give and grant a permanent easement to the Town to operate
<br />and maintain a flood control chann"l under and through Railway Company's
<br />bridge 4SS,Oand a sandbag gap across the Railway Company's tracks
<br />and during the crest of extreme flood stages on Wolf Creek at Granada,
<br />to permit the placing of a sandbag closure at the closure structure
<br />located at approximate railroad station 798+44, (mile 485.8).
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