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• III IIIIIIIIIIIIIIII ~~~~~~~~~
<br />999
<br />Recorded at
<br />Reception No.
<br />o'clock.M. this_day of 19,
<br />in Book at Page(s) ,
<br />Recorder.
<br />AGREEMENT
<br />in
<br />THIS AGREEMENT is entered into the date set forth below by and between PECK, INC. ,
<br />A COLORADO CORPORATION (hereinafter "PECK"), and ALLEN J. WALZ and
<br />CHERYL L. WALZ (hereinafter together "WALZ").
<br />WHEREAS PECK, by permit, intends to extract gravel from the following described real
<br />property located in Ouray County, Colorado, to wit:
<br />That part of the SEl/4SW3/4 of Section 2, Township 44 North, Range 8 Weet,
<br />N.M.P.M., and that part of Lot 3, Section 11, Township 44 North, Range E
<br />West, N.M.P.M., County of Ouray, State of Colorado, described as follows:
<br />Beginning at the South Quarter Corner of said Section 2; thence North 22
<br />degrees 28' 30" Weat 1428.42 feet, more or less, to the North Boundary
<br />line of said SE1/45W1/4; thence Westerly along said North Boundary line
<br />819.15 feet, more or leas, to the Northwest Corner of said SE1/4SW1/4;
<br />thence Southerly 996.3 feet more or lees, along the Weet Boundary line of
<br />said SE1/45W1/4 to the Northwest Corner of the tract conveyed by Deed
<br />recorded in Book 169 at Page 11, Ouray County records; thence South 54
<br />degrees East 831.4 feet, more or less, along the Northeasterly Boundary of
<br />above referenced tract, to the Southeast Corner of the above referenced
<br />tract, which ie a point in said Lot 3, 165 feet Southerly of the North
<br />line of said Lot 3; thence Easterly 678.85 feet, more or less, on a line
<br />165 feet South of and parallel to the North line of said Lot 3 to the Eaet
<br />Boundary line of said Lot 3; thence Northerly 165 feet, more or leas,
<br />along said Eaet Boundary line to the point of beginning. LESS AND EXCEPT
<br />Lot 1, Walz exception, according to the recorded plat filed 12-18-89 at
<br />Reception No. 145962, County of Ouray, State of Colorado;
<br />AND WHEREAS, WALZ has an easement over and across the above described real property
<br />fora water ditch known as the "WALZ DITCH".
<br />NOW THEREFORE, in consideration of the mutual promises contained herein, PECK and
<br />WALZ agree as follows:
<br />1. PECK shall be liable to WALZ for any damages caused by PECK'S gravel extraction
<br />operation to said WALZ DITCH and any water flowing therein. PECK'S liability shall
<br />include but not be limited to repair and restoration of said ditch, reimbursement of WALZ
<br />for repairs and restoration of said ditch made by WALZ, and payment to WALZ of any
<br />recoverable damages.
<br />2. WALZ shall seek recovery of damages caused by PECK to said ditch from PECK only and
<br />from no other party.
<br />3. The terms and conditions of this Agreement shall be interpreted according to the laws
<br />of Colorado, any litigation concerning this Agreement shall be brought in the Courts of
<br />Ouray County, Colorado, and the prevailing party in any such litigation shall be entitled
<br />to recover the costs of such litigation, including but not limited to reasonable attorneys'
<br />fees.
<br />4. This Agreement shall be binding upon the heirs, successors and assigns of the parties
<br />hereto.
<br />IN WITNESS WHEREOF the parties have executed this Agreement, May 13, 1992.
<br />PECK, INC.
<br />B~.~~
<br />/ NI(]K PECK VICE-PRESIDENT
<br />(-~ • lti ~~
<br />ALLEN J. WALZ
<br />CHERYL Wi~Z ~~-
<br />STATE OF COLORADO )
<br />SS SUBSCRIBED AND SWORN TO before me this 13~~
<br />COUNTY OF OURAY ) day of V1n~--t 1992, by NICK PECK,
<br />President of PECK,~INC. and ALLEN J. WALZ
<br />and CHERYL L. WALZ.
<br />-~
<br />WITNESS MY HAND AND SEAL L.. ~ ,~~ ~~ ~ L~ ~~,ti~
<br />My Commission Expires: 4-s-`~4- NOTARY PUBLIC ,
<br />
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