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<br />0f\~ <br /> <br />. . <br /> <br />...-. <br /> <br />MEMORANDUM OF AGREEMENT AND CONSENT <br /> <br />This Memorandum sets forth the oral agreement between STEWART <br />DITCH COMPANY and DWIGHT and GLADYS HAMILTON and the Hamiltons' <br />verbal consent regarding certain work to be performed by Stewart on <br />the Hamiltons' real property located in Delta County, Colorado.' <br />This Memorandum does not necessarily represent the entire agreement <br />between the parties and other agreements may exist. <br /> <br />i <br />, <br /> <br />RECITALS <br /> <br />f <br /> <br />~ <br /> <br />WHEREAS, Dwight L. Hamilton and Gladys D. Hamilton are the <br />owners of certain real property located in Sections 21 and 22 of <br />Township 13 South, Range 91 West of the 6th Principal Meridian, <br />Delta County, Colorado ("the property"); <br /> <br />, <br />,-i <br />I <br />( ., <br />.;,.4 <br /> <br />WHEREAS, Stewart Ditch Company owns an existing easement to <br />operate and maintain an irrigation ditch and ditch rider's .road on <br />the property; <br /> <br />WHEREAS, a mudslide on the property has destroyed a portion of <br />the ditch and road; <br /> <br />WHEREAS, Dwight and Gladys Hamilton have given their consent to <br />Stewart Ditch Company to enter onto the property to reconstruct the <br />d).tch and road; <br /> <br />WHEREAS, approximately 200,000 cubic yards of dirt have to. date <br />been moved from the reconstruction site and deposited in another <br />location on the property; <br /> <br />, <br />AND WHEREAS, not more than approximately 50,000 cubic yards of <br />dirt remain to be moved from the reconstruction site to another <br />location; <br /> <br />AGREIW.ENT AND CONSENT <br /> <br /> <br />NOW, THEREFORE, in consideration of the sum of Seventy-Five ~ <br />Hundred and No/Hundredths Dollars ($7,500.00) to be paid by Stewart' <br />Ditch Company, by means of cash or certified-check within sixty days <br />of the date of this Memorandum, to Dwight and Gladys Hamilton, <br />2884 South Willow Court, Denver, Colorado, 80231:. .:,'. <br /> <br />. . <br />", . .:. . , ", <br />1. Dwight and Gladys HarniUon co'~~ent to Ste~artDitch~; <br />Company's continued reconstructioneffo~ts on the. property,' "". <br />including removal of the remaining dirt from the reconstruction <br />site, to be redeposited in that'. certain draw located uphill from the <br />ditch a~d adjacent to the present fillsite; <br /> <br />.,. <br />"'c', <br /> <br />, <br /> <br />.~, .- <br /> <br />~,. . <br />