Laserfiche WebLink
, Oct 21 2005 10:27AM HP LASERJET FAX <br />303 - 052 - 8788 P.3 <br />AGREEMENT TO MINE WITHIN 200 FT OF A PERMANENT MAN -MADE STRUCTURE <br />THIS AGREEMENT dated effectively October 5, 2005 is made between Asphalt Specialties Company, <br />Inc., 10100 Dallas St., Henderson CO 80538, herein called "ASCI" and the Last Chance Ditch Company <br />herein called "Last Chance" hereinafter referred to as the "Parties" to this agreement. <br />WHEREAS, ASCI represents that they are the gravel permit Operator for the Nelson Mining Resource <br />proposed to occur on described lands is un- incorporated Weld County, Colorado to wit: <br />E112 of the 5E1/4, Sec. 31, T3N,R67W. 6th PM <br />WHEREAS, Last Chance owns the irrigation ditch and water rights within the canal immediately to the <br />southeast of the proposed gravel pit as shown on the attached and referenced Exhibit "A" to this agreement. <br />WHEREAS, ASCI wishes to mine sand and gravel an said property utilizing dry mining techniques. <br />NOW THEREFORE, <br />1. Last Chance agrees to allow ASCI to mine within approximately 75 ft of the canal as a temporary <br />condition and ASCI will backfill a total of approximately 100 ft of the 75 ft. mined to approximate <br />historic grade and front that point inward to the pit floor at a 3:1 slope within 1 year of mining. <br />2. ASCI agrees to monetarily compensate Last Chance for any damage to the canal that would be <br />caused by ASCI's mining activities. <br />IN WITNESS WHEREOF, the Parties have executed this agreement on the date set forth above: <br />Robert Nelson <br />President <br />Last Chance Ditch Company <br />Daniel W. Hunt <br />President <br />Asphalt Specialties Co., Inc. <br />) ss. <br />COUNTY OF iu6Li=LSON - <br />The foregoing instrument was acknowledged before me this day of , 2005, by, <br />Witness my hand and official seal <br />STATE OF COLORADO <br />My Commission expires 447-41 <br />'NDA J. <br />