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- - - RECEIVED l: r,<t,,~,,,T ,,,_;..,.:,,,
<br />JUL 1 4 2003 ('cos;,>c- r?--ol; ,.~,~ .,Y
<br />UivisionaiMineralsandGeolo9y AGREEMENT
<br />TI11S AGREEMENT, made this -<(v day of June, 2001 between Platte Sand & Gravel
<br />LLC hereinafter referred to as "Platte" whose legal address is 15430 Copperlield Dr ,
<br />Colorado Springs, CO 809?_1 and the Western Mutual Ditch Company, a Colorado
<br />corporation hereinafter referred to as "Western' whose legal adcJress is 21454 WCR 33,
<br />LaSaNe, CO (30645 andThomas Sharkey hereinafter referred to as"Sharkey" whose legal
<br />address is the same as Platte's.
<br />WfTNFSSETI I:
<br />WNEREAS, Platte proposes to mine sand and gravel in parts of Sections 23, 26, 34 and
<br />35, -Township 4 North, Range 67 Wesl of 6°i P.M., in Weld County Colorado hereinafter
<br />the "properly," and has filed a permit application No. M-2000-158 with the Division of
<br />Minerals and Geology, Stale of Colorado and an application for a special use permit, USR
<br />13(16, with the Weld County Department of Planning Services, Weld County, Colorado;
<br />and
<br />WIiEREAS, Western owns and operates the Western Mutual 17itch which has its headgate
<br />on the north bank of the South Platte River in Serlion 11, Township 3 North, Ranye 67
<br />West of the 6°i P.M., in Weld County, Colorado, and wl\ich ditch borders the west and
<br />south edges of the area of the property to be mined; and
<br />WHEREAS, Sharkey owns certain ditch rights in Western and also owns certain well rights
<br />on the properly described above; and
<br />WFIEREAS, Weslenr has filed an objection to the special use permit, USR 1306; and
<br />WHEREAS, the parties wish to enter into an Agreement to address the concerns of
<br />Western;
<br />NOW TI IEREFORE, in consideration of llie mutual promises contained herein, the parties
<br />agree as follows:
<br />1. Before March 1, 200'L Platte agrees to install two measuring weirs and clocks in the
<br />Western Ditch at Platte's sole cost and expense. l he first, or "upstream" weir will
<br />be located at approximately the point labelers "A" on the map attached hereto as
<br />Exhibit "A". The second, or downstream weir will be located at approximately the
<br />point marked as "B" on Exhibit "A." These weirs will allow measurement of losses
<br />for a portion of the Ditch located on the subject property, but not for the entire
<br />lellyll! of -.I?e [~144h as it exjsls qn II?e Ofoperty. A parllVn of llle bitch on the Plalle
<br />F.IICIM1WE57 ERPLMU7\Plalle Sand~agreernent OIr~2G.wpd
<br />
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