C150251 Easement - Laserfiche WebLink

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AGREEMENT THIS AGREEMENT is made this day of , , 2007, by and between MONTEZUMA VALLEY IRRIGATION COMP whose address is 11501 U.S. Highway 491, Cortez, CO 81321 ("MVIC") and Leonard A. Maez and Edith Maez, whose address is 22931 Road P, Dolores, CO 81323 ("Maez"). WHEREAS, MVIC is a Colorado non-profit corporation organized for the primary purposes of managing and delivering water to its shareholders; and WHEREAS, MVIC owns an existing canal for delivery of water known as the May Lateral Canal which crosses through the lands of Maez in Montezuma County, Colorado; and WHEREAS, Maez owns thirty-five (35) shares of MVIC and receives water from MVIC's canal crossing Maez's property; and WHEREAS, Maez owns real property described as MVIC parcel number 106607 also known as 22931 Road P,Dolores, CO 81323, hereinafter("The Property"); and WHEREAS, the parties desire to enter into this Agreement to replace the existing May Lateral Canal with a buried irrigation pipeline, appurtenant structures and ponds upon the terms and covenants contained herein; and as depicted on the map Exhibit A attached hereto and incorporated herein by reference NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, as well as the exchanges and transfers set forth herein, the parties agree as follows: I. EASEMENTS A. Maez agrees to grant to MVIC a temporary easement for construction of the May Lateral Irrigation Pipeline sixty (60) feet in width. After completion of construction, the permanent easement shall be reduced to sixteen (16) feet in width for the purposes of a permanent easement for construction, maintenance, and operation of the pipeline and appurtenant structures. An As-Built Survey shall be completed to establish the pipeline centerline; the easement shall be sixteen (16) feet wide, eight (8) feet on either side of the centerline of the pipeline. The survey will be at MVIC's sole expense. If repairs are needed MVIC must contact landowner for permission in advance of any repair or maintenance. B. Maez agrees to grant to MVIC a permanent easement as an access for ingress and egress to the pipeline beginning. MVIC shall use the existing road to the extent possible and no new roadway shall be constructed along the pipeline. C. Maez, for himself, his successors, and assigns, agrees that, within the perpetual easement area described herein: (1) no buildings or structures of a permanent nature will be constructed, and no trees will be planted; (2) future irrigation lines constructed for Maez, may be constructed over the top of the new pipeline, provided advanced notice is given for line location information; (3) no use of this Property shall be permitted which interferes with or is inconsistent with the easement described herein; (4) Maez may construct roadways, utilities or fences over the easement which do not interfere with the easement or pipeline. II. CONSTRUCTION A. MVIC agrees to undertake the construction activities contemplated herein in a timely manner at MVIC's sole expense. B. MVIC agrees to provide Maez with an estimated construction timetable prior to initiating construction activities. C. All trash created as a part of the construction process shall be removed from the right-of-way/construction site by MVIC. MVIC agrees to save any wood cut suitable for"posts"