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f .: <br />JUN-15-2004 0854 <br />DUNCRN,OSTRRNDER&DINGESS 303 779 3662 P.07i53 <br />hereto and incorporated herein by reference. The Terms of the Permanent Fasemenu are set <br />r'` forth in Exhibit C, attached hereto and incorporated herein by rcfereltce. <br />7. The Petitioner nerds to acquire the water right for 12 cfs decreed to the Lindstrom <br />No. 2 Aitch by the District Court for the City and County of Deaver in Civil Action 60052, by <br />decree dated May 13, 1936, from the West (a/k/a North, a/k/a Middle) Fork of Clear Creek for <br />irrigation and domestic purposes, with an appropriation date of 1876, having Clear Creek Priority <br />73-A and Adminisu~adon Number of 16718.09862, together with all ditch righu, easements, <br />righu of way, permiu, headgates, diversion dams, control gates and diversion and delivery <br />structures and righu Ltcident and related thereto (hereinafter the "Water Right"). <br />8. The Property is located in Clear Creek County, Colorado. <br />9. The Petitioner is informed and believes that Sally A. Backland, Phil Buckland <br />and Glenda M. Guanella are the fee owners of the Property and owners of the Water Right <br />(hereinafter the ° Respondem-LandOWners"). <br />10. The following are also named as Respondents in this matter: <br />a. Aggregate Indttstrles-WCR, Inc., is named as Respondent because it may <br />claim a leasehold interest in the Property. <br />b. The Board of Cormty Commissioners of Clear Creek County is named <br />~-., as Respo~ent because it may claim an iraerest in the Property by virtue of a document <br />recorded on October 12, 1998 in Book 572 at Pages243 and 249 and documents recorded <br />on Febnlary 13, 1997 is Book 546 at Pages 461, 469 and 473 of the records of the Clerk <br />and Recorder of Clear Creek County. <br />c. Colorado Deparmtent of Transportation is named as Respondntt <br />because it may claim a leasehold interest in the Property. <br />d. F.mrick & IiiU, Inc., is named as Respondent because it may claim a <br />leasehold interest in the Property. <br />e. Robert Martinez is named as Respondent because he may claim an <br />interest in the Property by virtue of a document recorded on June 5, 2002 in Book 642 at <br />Page 730 of the records of the Clerk and Recorder of Clear Creek County. <br />f. Mountain Aggregates, Inc., is trained as Respondent because it may claim <br />an interest in the Property by virtue of a document recorded on Ap1i127, 2001 in Book <br />613 at Page 601 of the records of the Clerk and Recorder of Clear Creek County. <br />g. Publle Service Company of Colorado is named as Respondent bexause it <br />may claim an interest in the Property by virtue of a doctmment recorded on August 10, <br />1992 in Book 491 at Page 755, a document recorded on Apri115, 1976 in Book 359 at <br />~.. <br />