HomeMy WebLinkAboutPLEASANT VALLEY AND LAKE CANAL WEST HARMONY ROAD - Filed OA-OTHER AGREEMENTS - 2004-11-23it (�✓i�. g �{iyin'��. li/U] icy.
CROSSING AGREEMENT
THIS AGREEMENT, made this 1 day of)c iZ f3Z ,
between THE PLEASANT VALLEY AND LAKE CANAL COMPANY,
hereinafter the "Company," and C C�r7L
a
PROJECT
--<�r r fI Aei�Or��' d/tL 9/) l)(-)ci
located in Section �(- , Township % , Range 9 more
specifically, 'A/
in the City of Fort Collins, County of Larimer, State of
Colorado.
THAT WHEREAS, the Company is the owner of an irrigation
ditch and right-of-way, commonly known as the Pleasant
Valley and Lake Canal; and
WHEREAS, fhLC ( {"� OF [-7- L-V(fji0bdesires to acquire
a certain right-of-way to cross the irrigation ditch of the
Company either by going over or under that ditch.
NOW, THEREFORE, in consideration of 7(t. l f-/t:KtQ( t
($ S C) .
), the receipt of
which is hereby acknowledged by the Company, the parties
mutually agree as follows: �`
1. The Company grants to f ( # tom/ 6-1`u-IA.L� a
right--of-way and easement to construct and maintain a
structure over or under the ditch owned by the Company in
Larimer County, Colorado, at the location designated on the
exhibit attached hereto.
2. The Company grants to LIT-i' i)F FT
the right of ingress and egress to and from said right-of-
way, as necessary and reasonable for the exercise of the
purposes of this right-of-way.
If the structure is to go under the ditch, the
structure top shall be buried not less than 30 inches below
the bottom of the irrigation ditch and any trench or other
excavation in connection therewith is to be backfilled,
compacted and stabilized to the entire satisfaction of the
Company. Retaining walls as the Company might deem
necessary shall be installed.
4. If the structure is a bridge to go over the ditch,
there shall be a four foot clearance from the bottom of the
bridge to the bottom of the ditch; footings shall be 30
inches cement with wing walls on both ends. Length of the
bridge may vary with the width of the ditch at the point of
crossing.
5. All work shall be performed only after prior notice
to the superintendent of the Company, and will be performed
under the supervision of such superintendent or by an
engineer alected by the Company. If an engineer is
retained, his fees and expenses shall be paid by
e- CC1N ce a Lco-I&j`>
6. In the event any sum is expended by the Company for
repair or maintenance of the ditch at the point of
disturbance, (� 4 -J (:)(' k (�O( ( (A)Jshall reimburse the
Company for such expense. Determination of whether repair
or maintenance is necessary, and whether an emergency exists
shall be the sole right and privilege of the Company
7. All construction shall be completed prior to
April 15, ` i , unless written consent by the Company is
granted.
8. Installation and maintenance of the structure shall
be entirely without disturbance of the flow of water in the
Company's ditch, unless permission in writing is first
received from the Company for such disturbance.
Li fi ( [-- 42LC,Ci( j i (, / `7 expressly agrees that it shall be
liable to the Company or its shareholders in damages for any
unauthorized disturbance of the flow of water through the
ditch.
9. In the event that the Company finds it necessary to
perform emergency repairs to the disturbed portion of the
ditchbank, either now or at any future time, the Company
shall be wholly without liability for damages to
(.1 1, ': F- t�T LC,( L /!J J as the result of the performance of
said repairs, except as to such damage as may be caused by
gross negligence or wanton and willful misconduct.
10. Installation of said structure shall be entirely
without cost to the Company. The Company's attorneys shall
be directed to prepare this Crossing Agreement, and their
fees and expenses shall be paid by (4 � c r
shall indemnify the Company and forever hold it harmless
from liability for damage to third persons resulting from
said crossing or any construction or repair in connection
with the crossing.
11. The Company shall have full power to operate,
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maintain, alter, enlarge, relocate, clean and manage its
ditch as if this Agreement had not been made, and any
expense or damages caused thereby to the Ld f'-, (7( F-1 ()_)C
shall not be chargeable to the Company. In the event, d�'N
however, that any such action on the part of the Company
could reasonably be expected to effect the O,ur ,
the Company agrees to give prior notice to flit Cll`(
and to cooperate with f;jfla to avoid injuries or
damages to that line.
12. This Agreement and all the terms and conditions
thereof shall extend to and be binding upon the successors
and assigns of each of the parties hereto including, but not
limited to the City of Fort Collins should it become a
successor of 0, r'- C k LeL i.,,v.� by Deed of Dedication or by
any other means. Upon transfer of its interests in this
Crossing Agreement, L;L, L'r (CLl_iti agrees to inform
the Company of the name of the transferee.
13• Applicant agrees to record this agreement or an
executed copy thereof, at its own expense, with the Clerk
and Recorder of Larimer County, Colorado and furnish
evidence of such recording to the ditch company. No work
shall commence until evidence of recording is furnished to
ditch company.
IN WITNESS WHEREOF, the parties hereto have caused
these presents to be duly executed by the proper officers,
and have affixed their seals hereto on the day and year
first above written.
ATTEST:
PLEASANT VALLEY & LAKE CANAL
COMPANY
By:
Secretary President
CITY OF FORT COLLINS
ATTEST:
,:.: By:iaLr I.M.,
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