Laserfiche WebLink
0008":c;25 c''~ 'r Or: 3.3 F.R REAL ESTATE F._ :DS ~/ I <br />F;a57 CHr,Rl~Jl7t SOU,"i'Otd I+OULDEk CNTY CO FECORER <br />8954 8 AGREEMENT REGARDING SAND AND GRAVEL MINING <br />AND AUGMENTATION AGREEMENT PERTAINING 7HERET0 <br />1. PARTIES. The parties to this Agreement are HAROLD E. NELSON and <br />LAYERHA J. NELSON, owner, ("Nelsons"), and THE SAINT-YRAIN b LEFT HARD <br />HATER CONSERVANCY DISTRICT, ("the Conservancy District"), <br />2. RECITALS, Nelsons own property in the Northeast Quarter, Section <br />31, Township 3 North, Range 67 Hest of the Sixth Principal Meridian, Neld <br />County, Colorado, described ort Exhibit A and incorporated herein by <br />reference. Nelsons have entered into a lease allowing the Varra <br />Companies, Inc. ("Varra"), to mine sand and gravel from the property <br />described in Exhibit A. Varra has applied to and received from Weld <br />County a special use permit and has applied to and received from the <br />Colorado Mined Land Reclamation Board a mining permit, to permit it to <br />conduct sand and gravel mining activities on the property. Furthermore, ~j <br />the parties acknowledge tfiat the construction of lakes. which are part of I ~j <br />Varra's reclamation plan, will result in additional evaporation from open ~ <br />water surfaces which will adversely affect the Conservancy District / <br />unless augmented. - <br />The Conservancy District has no objection to Yarra's mining operations <br />and reclamation of the property if the concerns expressed above are <br />addressed and the interests of the Conservancy District are satisfacto- <br />rily protected. Nelsons have agreed to protect those interests and the <br />purpose of this Agreement is to set forth the specific agreements of the <br />parties. <br />3. NELSONS' AGREEMENTS. Nelsons agree as follows: <br />a. To augment St. Yrain Creek, in accordance with the water <br />augmentation policy for gravel pits of The St. Yrain 3 Left Nand Hater <br />Conservancy District, thereby preventing injury to other water users, by <br />conveying to The St. Yrain L Left Hand Hater Conservancy District an <br />amount equal to two acre feet of water for each new surface acre of lake <br />constructed. Yarra's current plans call for the construction of five <br />ponds with a total of 80 surface acres. If, at the end of its mining <br />operations on the property, Varra has constructed lakes having more or <br />less than this number of surface acres, the Conservancy District shall <br />convey to Nelsons all water xhich has been conveyed to the Conservancy <br />District by Nelsons over and above an amount determined by multiplying <br />the number of surface acres of lakes by two acre feet or, if necessary, <br />Nelsons shall convey to the Conservancy District additional water in <br />order to equal the amount of two acre feet for each surface acre of lakes <br />constructed. Nelsons shall be given credit for existing water surfaces <br />on the property. <br />Nelsons further agree that the water rights which shall be conveyed in <br />compliance with the foregoing provisions and in compliance with the <br />gravel pit augmentation policy of The St. Yrain 8 Left Hand Nater <br />S 1147 REC 02089548 02/24/87 16:36 518.00 1/006 <br />F 1093 MARY ANN FEUERSTEIN CLERK G RECORDER WELD CO, CO <br />Exhibit "D" ~~, <br />