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DITCH RELOCATION AGREEMENT WITH GRANT OF EASEMENT
<br />~p~'~
<br />~~ THIS DITCH RELOCATION AND EASEMENT AGREEMENT, made effective this
<br />c _ ~ ~$ day of Astedecr2005, is entered into between Grantor, V. Paul Holtz, P.O. Box 1887,
<br />~'P Buena Vista, Colorado 81201 (hereinafter "Holtz"), and Grantee, River Rock Ranch, Inc.
<br />24800 Highway 285, Buena Vista, Colorado 81211, (hereinafter "Schoger°).
<br />RECITALS
<br />WHEREAS Schoger is the owner of the "Bray Ditch and Allen Extension' water
<br />rights, adjudicated on July 13, 1897 in Case No. f 530, awarded Priority Number f 16E for
<br />5.0 c.f.s, (see Exhibit A "Bray/Allen Decree"), and aone-half interest In the Morrison
<br />Extension of the Bray Ditch adjudicated on July 13, 1848 in Case No. 1590 in the U.S.
<br />District Court for Chaffee County and awarded Prouty Number 188A, (see Exhibit B
<br />"Morrison Extension Decree"), the point of diversion for which is located on the east bank
<br />of the Arkansas River in the NW 1/4 of Section 22, Township 14 South, Range 78 West,
<br />Chaffee County, Colorado, and thereafter runs in a general southerly direction for a
<br />distance of approximately 4'h miles, such ownership which includes appurtenant ditch
<br />rights, as more particularly described in the decrees attached as Exhibits A and B hereto;
<br />WHEREAS Holtz owns certain real property located in the ~1+J1/4 of Section
<br />Township J15outh, Range ]~ West, Chaffee County, Colorado, as mare particularly
<br />described in the attached Exhibit C ("Holtz Property');
<br />WHEREAS a certain portion of the Bray Ditch and Allen Extension traverses the
<br />Holtz Property, and with Schoger's express permission, Holtz has relocated a portion of
<br />the Bray Dkch and Allen Extension to the east of its historic bcatbn, and has installed an
<br />underground pipeline to convey the water under and across the Holtz Property, the course
<br />and location of both the original and rebcated easement which are more particularly
<br />described in the survey attached as Exhibit D;
<br />WHEREAS for purposes of this Agreement, the term '1~vatenArorks' means
<br />headgates, canals, ditches, laterals, conduits, pipelines, and any and all works, facilities,
<br />improvements, measuring devices, and appurtenances necessary ar convenient for the
<br />supplying of water for the uses set forth in the Bray Ditch and Allen Extension Decree; and
<br />WHEREAS the parties now desire to enter into an agreement to memorialize the
<br />parties' respective rights and obligations with respect to the future use. maintenance. and
<br />repair of that portion of the Bray Ditch and Allen Extension ditch and underground pipeline
<br />and appurtenant easement which traverses the Holtz Property;
<br />NOW THEREFORE, Holtz. for and In consideration of the sum of ten dollars
<br />F~vJiaNtScnogerlDnft RNowtion Ea6emanl AyednMt.09.27.0~wpC
<br />ST0~500'd
<br />b6L£ 56£ 6IL:Ol
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<br />b£2T TLb6id kiIH7T1f7J NOSNOW t17 i:Wf1Ni bb:Aq GRIdP-FP-,-175
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