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~ III IIIIIIIIIIIIIIII <br />• ~~~~.r - -~,, <br />u <br />OCT 2 ~ 2i:.;1 <br />Division of Minerals and Geology <br />ENCROACFflNENT AGREEMENT <br />_~~`` TMS ENCROACFU4ENT AGREEMENT is entered into this ~~ day of <br />L'y/~ 2001, by and between Western Mobile Inc., a subsidiary of LaFarge Corporation <br />(" arge"), whose address is 1590 West 12th Avenue, Denver, Colorado, 80204, SOUTH ADAMS COUNTY <br />WATER AND SANITATION DISTRICT ("District"), whose address is 6595 East 70'h Avenue, Commerce City, <br />Colorado 80022. <br />I. LaFarge wishes to excavate a gravel pit ("Encroaching Structure") and is seeking a State <br />of Colorado Mined Land Reclamation Board Penoit to mine sand and gravel Gom the Encroaching Structtae and to <br />reclaim the property as identified in the legal description enclosed as Attachment A and as depicted on the enclosed <br />location map which is identified as Atachmart B. <br />2. The District owns permanent man-made structtaes within 200 feet of the land affected by <br />LaFarge's mining and reclamation operations ("Affected Land") . The District owns a 12-inch water line located in <br />the easterly right-of--way of Brighton Road, a 12-inch water line in the southerly right-of--way of 112'h Avenue, and a <br />12-inch water line located in an easement generally parallel to the Fulton Ditch in the northwesterly corner of the <br />property. The easement containing the District's structtae is described in Attadtment C. Attachment A, B, C are <br />attached hereto and made parts of this Encroadtment Agreement. <br />LaFarge agrees that a minimum of 4.5 feet of cover over the water pipe line and a minimum horizontal buffer of 5 <br />feet of undisturbed earth will be maintained. If LaFarge should seek to perform work closer to the water line, the <br />District shall be notified and such work shall be performed in the presence of a District inspector at times during <br />which the normal temperature does not drop below 32 degrees Fahrenheit. <br />The ground over the existing water line and within 5 feet on each side shall be returned to substantially the same <br />eleva[ion, compaction, and condition, which existed prior to the work on the Encroaching Structure. <br />3. LaFarge agrees that this Encroachment Agreement shall apply to all of the District's <br />swcttaes located within 200 feet of the Encroaching Structure that may be damaged by LaFarge's mining and <br />reclamation operations on the Affected Land. <br />4. Drawings of the Encroaching Structure shall be submitted to the District showing the <br />location of the Encroaching Structure with respell to the District's structtaes and the depth of the Encroaching <br />Structure. <br />5. The District has the right, without liability to the District to enter upon such part of the <br />Encroaching Struchae as may be reasonably necessary, to allow installation, repair, maintenance, cleaning, service, <br />replacement or removal of [he District's structures. <br />C:~Program FilesVvticrosoft Office~Disvict~DVLPMENT\encoachmen[.agreement.lafarge.doc.rtf <br />