1996-08-16_REVISION - M1981302

• Permit No: M1981302
• IBM Index Class Name: Revision
• Doc Date: 8/16/1996
• Doc Name: AGREEMENT TO RELOCATE IRRIGATION DITCH
• Type & Sequence: SO2
• Media Type: D
• Archive: No

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AGREEMENT TO RELOCATE IRRIGATION DITCH1D°°t MinerajS g Geology
THIS AGREEMENT is made and entered into this a rN day of
f * C �acr_y , 199¢, in duplicate counterpart originals, by and
between the SOUTH BOULDER AND BEAR CREEK DITCH COMPANY, a Colorado
corporation, (hereinafter referred to as the "Ditch Company") , and
CONCRETE EQUIPMENT AND SUPPLY COMPANY, (hereinafter referred to as
"Owner") .
WITNESSETH:
WHEREAS, the Ditch Company is a mutual irrigation ditch
company which owns a certain irrigation ditch known as the South
Boulder and Bear Creek Ditch and the right-of-way therefor
(hereinafter referred to as the "Ditch") ;
WHEREAS, Owner owns property located in the W 1/2 of Section
9 , Township 1 South, Range 70 West of the 6th P.M. , Boulder County,
Colorado, more particularly described on the attached Exhibit "A, "
(hereinafter referred to as the "subject property") , through which
the Ditch traverses; and
WHEREAS, Owner desires to realign, at its cost, a portion of
the Ditch, consisting of approximately eleven hundred feet, as
shown on the map attached as Exhibit "B;" and
WHEREAS, Owner has agreed to assume all responsibilities for
the future maintenance of the realigned portion of the Ditch.
NOW, THEREFORE, in consideration of the mutual promises and
agreements hereinafter set forth, the parties hereto agree as
follows:
1. Subject to the terms and conditions set forth herein, the
Ditch Company grants to Owner the right to relocate and reconstruct
the Ditch as it crosses Owner's property.
2 . The relocation of the Ditch authorized herein shall be
in accordance with plans and specifications prepared by Owner's
consultants, Scott, Cox and Associates, Inc. , and shall be
completed by and at the sole expense of Owner. Prior to the
commencement of any construction, the plans and specifications
shall be provided to the Ditch Company for review and written
approval. The Ditch Company agrees that such approval shall not
be unreasonably withheld. The relocation shall not decrease the
carrying capacity at any point of the Ditch within the affected
reach below 36 c. f.s. , or its present carrying capacity, whichever
is greater. The Ditch, as relocated, shall be constructed in such
a manner that seepage is not increased. All construction shall be