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Diamond Lazy L Ranch Enterprises, LLC and Delta Cotmty <br />` ~ Access and Water Pipeline Agreement <br /> <br />AGREEMENT <br />THIS AGREEMENT is made and entered into by and between the COUNTY OF DELTA, STATE OF <br />COLORADO, acting by and through its Boazd of County Commissioners (hereafter referred to as "County") <br />and DIAMOND LAZY L RANCH ENTERPRISES, LLC, Delta County, Colorado (hereafter referred to as <br />"Ranch"), <br />RECITALS <br />L! Lands: The County (ands which aze the subject ofthis Agreement are located in the S1/2 of the <br />SE1/4 of Section 15, and the SW1/4SW1/4 of Section 14, T15S; R95W; 6PM, Delta County, <br />Colorado. <br />1.2 Minin Operation: There is a deposit of gravel and sand on the lands which the Cotmty desires to <br />excavate, crush, screen, wash, store, move and utilize for County road purposes (mining operation). <br />1.3 Access to property of Diamond Lazy L Ranch EntetRrises, LLC: The Ranch has the following <br />property that borders the north line of County Lands: The NEl/4SE1/4 of Section 15, T15S, R95W, <br />6PM, and the NEI/4S W 1/4 of Section 14, T15S, R95W, 6PM. Established access to Ranch property <br />presently exists through and across County Lands to the described Ranch property. <br />1.4 Easement for water pipeline. The Ranch has an easement for a water meter and a water pipeline across <br />and along a portion of the west side of County Land described as the SEl/4SEl/4 of Section 15, T1SS, <br />R95W, 6PM. <br />1.5 Disturbance water pipeline: It is understood that a water meter and a water pipeline is present near'We~ <br />west side of the SEl/4SE1/4 of Section 15, T15S, R95W, 6PM. It is also understood [hat the meter <br />and pipeline were installed as part of the salinity program and is known as a stock water tap. When the <br />County mines [he Lands described herein, the water pipeline will be disturbed and moved. During <br />mining operations, the water pipeline will be destroyed and will not be useable anti! mining has <br />progressed easterly away from the west side of the SEl/4SE1/4 of Section 15, T15S, R95W, 6PM. <br />1.6 Distwbance of access: When the County mines the Lands described herein, access to Ranch property <br />will be disturbed and moved. During mining operations, County will relocate access routes to Ranch <br />property as necessary to accommodate gravel mining operations by County. Access to Ranch property <br />will be provided at all times. <br />1.7 Consideration: Consideration for this Agreement is the benefit which the parties shall derive from the <br />performance of its covenants. <br />AGREEMENT <br />2.1 County Grant, access: County shall give and grant to Ranch the right to cross County Lands at all <br />times. County will construct required access roads which shall be essentially unimproved gravel roads <br />adequate to access Ranch property with automobiles, trucks and farm equipment. Said access roads <br />will be relocated from time to time to accommodate the gravel mining operations. Said access roads <br />M:\Engineering\gravel pits\GravelPitGeneral\Whiting\stroud\SlroudContraclFINAL.doc <br />Page 1 of 5 <br />