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Home My WebLink AboutNEW MERCER DITCH WEST PROSPECT ROAD - Filed ED-EASEMENT DEDICATION - 2004-11-2200 0 ea N GF�i f t fir L AGREEMENT wi w w w THIS AGREEMENT is made and entered into this day of November, 1992, by and w w between The City of Fort Collins, Colorado, a municipal corporation, hereinafter referred to as "Applicant," and New Mercer Ditch Company, a Colorado mutual irrigation company, a hereinafter referred to as "Ditch Company." w w a PROJECT C9 E a m The construction consists of two sections of pipeline, one sewerline and one waterline. # The approximate location is shown on the Exhibits and which are attached hereto and U incorporated herein by this reference. 0 The Spring Creek Sewer will be in Prospect Road and run from the intersection of Taft T :D Hill Raod and Prospect Road east to the intersection of Prospect Road and South Brya Avenue. The sewer will cross the New Mercer Ditch between Brentwood Drive and ,x Constitution Avenue. This crossing will be a bored and cased crossing as shown on the set w of plans attached hereto as Exhibit "A" and incorporated herein. a Q The Underhill Waterline will run due south from the south end of Underhill Drive and z tie into the City's existing 36 inch watermain just south of the New Mercer Ditch. The x waterline will cross the New Mercer just to the north of this tie in point. The crossing will be y q done open cut as shown on the set of plans attached hereto as Exhibit "A" and incorproated a herein. 0 U n a WITNESSETH �n Pr WHEREAS, the Ditch Company is the owner of an irrigation ditch and the right-of-way J therefor through land located as shown on the Exhibits attached hereto and made a part u z hereof by reference. w 0 WHEREAS, the attached Exhibits set forth all the plans and specifications and terms x of this grant, and shall be in no way modified or changed by any subsequent or related plans x or materials not included therein; and WHEREAS, the Ditch Company is willing to grant to Applicant this right upon the terms and conditions hereinafter expressed; NOW, THEREFORE, in consideration of the premises and the terms of the within Agreement, it is agreed, as follows: 1. The Ditch Company grants unto Applicant the right to construct, install and maintain the above described sewerline nd waterline across the existing right-of-way of Ditch Company described in the attached Exhibit "A" and is incorporated herein by this reference, and further grants unto the Applicant the right of ingress and egress to a part of its ditch as shall be reasonable and necessary for the exercise of the rights granted herein. r,,tt`l..- 2. Applicant will pay to Ditch Company an application fee in the amount of Five j Hundred Dollars ($500.00). This is determined to be a minimum initial payment to cover preliminary expenses, such as legal work, time and motor vehicles for use by superintendent and/or directors; review of the application; and other preliminary matters. In addition thereto, Applicant agrees to pay for such additional, reasonable and necessary expenses of the Ditch Company for legal services and inspection of the works by the Ditch Company's President, engineers and superintendent. 3. The construction herein contemplated shall be in strict accordance with the final set of plans with modifications set forth in the Exhibits. Any excavations or changes in the present ditch because of the construction shall be backfilled, with concrete. Said work shall further be done under the supervision of the superintendent or other designated agents of the Ditch Company. 4. All construction shall be commenced immediately and completed before April 15, 1993. These periods are mandatory, except as may be extended by the President of Ditch Company or other duly authorized representative of the Ditch Company, and said construction shall in no way interrupt, impede or interfere with the flow of irrigation water, nor shall such construction adversely affect the quality of the water. All construction shall proceed with due care to make certain that no contamination of the irrigation water occurs. 5. Upon the completion of the project, the Applicant shall promptly notify the Ditch Company, and the parties shall jointly inspect the ditch at the place of construction. If there are any deficiencies in the work of the Applicant or any variations from the plans set forth in the Exhibits, the Applicant shall forthwith remedy the same, in so doing, the Applicant shall meet all reasonable requirements of the Ditch Company for the protection of the ditch and surrounding property. 6. It is the intent of this Agreement that Applicant shall exercise due care in the construction contemplated herein . Accordingly, it is hereby recognized by and between the parties hereto that the Ditch Company is in no way responsible for any damages caused by such construction. 7. The project shall be without cost to the Ditch Company, and the Applicant shall hereby indemnify and forever hold the Ditch Company harmless to the extent permitted by law and the charter of the City of Fort Collins for liability for damages caused by the project. 8. The Ditch Company shall have full power to operate, maintain, alter, enlarge or relocate its ditch as if this Agreement had not been made, and any expenses caused thereby to the Applicant shall not be chargeable to the Ditch Company. 9. The Applicant agrees that, because of increased maintenance expenses and difficulties occasioned by the location of the construction within the ditch right-of-way, it shall conduct such maintenance activities to the construction as are necessary to facilitate the customary carriage of irrigation water in said section of the ditch. 10. In the event either the Applicant or the Ditch Company shall be in default in any of their covenants herein, so as to require the party not in default to retain counsel to attempt to enforce the covenants by negotiations or otherwise, or to commence legal or equitable action against the defaulting party, the defaulting party agrees to pay all reasonable expenses of said litigation incurred by the enforcing party, including, but not limited to docket fees, depositions and reasonable attorneys' fees. THIS AGREEMENT shall extend to and be binding upon the heirs, successors and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first hereinabove written. ATTEST: Title /L e E. Fischer, Secretary STATE OFCOLORADO I I ss. COUNTY OF LARIMER ) THE CITY OF FORT COLLINS, COLORADO a municipal corporation Title NEW MERCER DITCH COMPANY, a Colorado al irF ation company n y: , to s F. Swift, President The above and foregoin Agre ment was acknowledged before me this _ day of November, 1992, by _ as ?li2( , .t1' � + and attested to by t /&V t% ' i , as i of The City of Fort ` ollins, Colorado, a municipal coio�nI VIMV wmmi � S e SA Z _a 0 C rtpprovLd As To f orv, - _ ;r,;,i Ci:y�Tforney hand and official seal. on expires: /-')W L/3 Notary Public 3 a STATE OF COLORADO ) ss. COUNTY OF LARIMER ) The above and foregoing Agreement was acknowledged before me this /��y of November, 1992, by Louis F. Swift as President and attested to by Gene E. Fischer as Secretary of New Mercer Ditch Company, a Colorado mutual irrigation company. WITNESS my hand and official seal. I1iold fAI ion expires: December 30, 1995 N4�iAAy 1 �lee N"w Notary Public H