HomeMy WebLinkAboutTRAIL HEAD - Filed OA-OTHER AGREEMENTS - 2005-04-08------------
p— MODIFICATION AND AGREEMENT
D n �
T z
IA Z
Y --
N N This Modification of prior Agreement and new Agreement is made this I S' ` day
" 0= of 2004, by and between the Larimer & Weld Irrigation Company,
— a Colorado mutual ditch company ("LWIC"): Waterglen, LLC, a Colorado limited
m � o_ liability company (`'Waterglen" ); and Hartshorn Properties, LLC, a Colorado limited
liability company ("Hartshorn').
RECITALS
w A. An Agreement was made July I, 2001, between the above -referenced
N-
a parties, which generally provided for a relocation of the main irrigation canal of LWIC
N n (the Eaton Ditch) and the construction of a new farm lateral.
D o
N Y
m m B. The recited Agreement contemplated a "New Lateral." This new lateral
D O
no longer needs to be constructed and is no longer of any consequence. The irrigation
water that was to be provided by use of the new lateral will now be provided by an
m underground pipeline and associated structures as now constructed and as more
x particularly shown and described in Exhibit F.
C. All other portions of the July I, 2001 Agreement as apply to the relocation
of the Eaton Ditch will remain operative and in full force and effect. Exhibits C.l, C.2,
and C.3 as a part of the July I, 2001 Agreement will be removed and not recorded. A
separate Abandonment of Easement will be recorded.
D. Exhibit F is attached hereto and incorporated herein by reference
WHEREFORE, in consideration of the mutual promises and covenants contained
herein, and for valuable consideration, the parties mutually agree as follows.
I. The Recitals set forth above are accurate and are incorporated herein by
reference. This Agreement involves a pipeline constructed across real property as
described in Exhibit F.
Exhibit F sets forth a non-exclusive easement and right of way providing
for this pipeline, its operation and maintenance.
3. Waterglen and Hartshorn hereby grant to LWIC a perpetual non-exclusive
easement as described in Exhibit F for the use, operation and maintenance of the
underground pipeline, including rights of access thereto. LWIC, and its farmers and
customers using the New Lateral, shall have the rights of reasonable ingress and egress
over such casement, and by means of any other existing roads (whether public or private)
located on property owned by Hartshorn, or, in the absence of such roads, by such other
routes as such parties may determine to be reasonably necessary taking into consideration
minimization of impact to Hartshorn's property. Notwithstanding the foregoing, in the
JHASLER, FONt , MAX`.NELL
125 SOUTH HOWL 3TH FLOOR
POST OFFICE 30X 2267
FORT COLLINS ".) 30522
19 3S
to the Eaton Ditch shall be accomplished by March 1, 200xin such a manner that it does not
interfere with the operation of the Eaton Ditch, and the physical on -site work shall be performed
after notification to LWIC, whose personnel may monitor this connection work. If connection of
the New Ditch is not accomplished by March 1, 200�, then Waterglen and Hartshorn shall lose
the right to do so. 3
4. The New Ditch will be maintained and kept in an operational and safe state by
Waterglen and Hartshorn for a period of one year after connection, after which maintenance shall
be the responsibility of LWIC.
5. If within three years from the date that the New Ditch is connected and made
operational, any person or entity alleges and demonstrates that seepage from the New Ditch
above and beyond historical levels has caused damage to property, injury to persons or otherwise
asserts and demonstrates that such seepage from the relocated ditch is injurious, Waterglen and
Hartshorn shall assume all resulting liability and agree to indemnify and hold LWIC harmless
therefrom.
6. Waterglen and Hartshorn hereby grant to LWIC a perpetual, non-exclusive
easement as described in Exhibits A and D for the use, operation and maintenance of the New
Ditch including a twenty foot wide roadway on each side of the ditch running parallel with the
ditch.
7. LWIC has agreed to the construction of the New Lateral as described in Exhibit C
in order to supply irrigation water to its shareholders and customers generally lying south of
Vine Drive. This New Lateral has been designed and constructed by Waterglen and Hartshorn in
accordance with design specifications and plans developed by them. The New Lateral shall be
contained in a pipe and be able to carry 10 cfs flow to the south side of Vine Drive.
8. Waterglen and Hartshorn agree to maintain the New Lateral and keep it in
reasonably workmanlike condition and operational for the delivery of irrigation waters as
described herein so as to enable LWIC to continue such deliveries as it has done historically or
as may be reasonable and necessary to operate the Eaton Ditch and serve its shareholders for a
period of one (1) year from completion of the New Lateral.
9. The granting of the easements described in paragraphs 6 and 9 herein shall not
diminish the right of Waterglen or Hartshorn to cross the New Ditch or New Lateral so long as
the crossing does not interfere with the proper operation of the New Ditch or New Lateral.
10. Waterglen and Hartshorn hereby dedicate a perpetual non-exclusive easement to
LWIC as described in Exhibit C for the use, operation and maintenance of the New Lateral
including a twenty foot wide roadway on each side of the lateral.
11. If within three years from the date that LWIC first runs water through the New
Ditch and the New Lateral, LWIC informs Waterglen and Hartshorn that either the New Ditch or
the New Lateral has been negligently or improperly designed or constructed (including materials
and workmanship) and LWIC, in general terms, presents information showing the state of
disrepair which has been caused by such negligence or improper design or construction, then
E
(� Waterglen and/or Hartshorn, at their expense, will promptly repair the New Ditch and the New
Lateral to the satisfaction of LWIC. Waterglen and Hartshorn shall indemnify and hold LWIC
harmless from any liability of any nature whatsoever, including, without limitation, damage to
property or persons caused by such negligence or improper design or construction.
12. LWIC shall have access to the Eaton Ditch using Waterglen Drive. This access
shall be open and unobstructed except for a locked gate, which may be constructed at the
expense of Waterglen with the prior approval of LWIC as to location, design and locking
mechanism, in which case LWIC shall be given the key or combination thereto.
13. The parties agree that this Agreement constitutes a benefit to LWIC and a burden
to Waterglen and Hartshorn and shall be deemed to run with the land. This Agreement shall be
binding and inure to the benefit of the parties, their heirs, personal representatives, successors
and assigns, includin!, without limitation, the Waterglen Homeowners Association or any other
homeowners association that may be associated with either the Waterglen or Hartshom
properties.
14. This Agreement shall be recorded with the Clerk and Recorder of Larimer
County, Colorado at the expense of Waterglen and Hartshorn.
15. Any notice required or permitted hereunder shall be deemed effective three
working days after depositing in First Class United Slates Mail, postage prepaid, and addressed
to the parties to whom notice is to be given as follows:
LWIC:
Larimer & Weld Irrigation Company
P.O. Box 206
Eaton, CO 80615
With copy to:
The Dow Law Firm, LLC
P.O. Box 1578
Fort Collins, CO 80522-1578
WATERGLEN:
Waterglen, LLC
c/o Kenneth Crumb
361 71" Ave., Suite 103
Greeley, CO 80634
HARTSHORN:
Hartshorn Properties, LLC
c/o Kenneth Crumb
361 71" Ave., Suite 103
Greeley, CO 80634
With copy to:
Michael A. Maxwell, Esq.
Hasler, Fonfara & Maxwell, LLP
125 S. Howes St., Sixth Floor
Fort Collins, CO 80521
rI
C
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly and
properly executed on the day and year first above written.
LWIC:
Larimer & Weld Irrigation Company
106 Elm Street
P.O. Box 206
Eaton, CO 50615
By: GC4 (�lY40"�
Elmer Gustafson, Pres ent
STATE OF COLORADO )
)ss.
COUNTY OF w `- )
Subscribed and sworn to before me this i day of 2001, by Elmer
Gustafson as President of the Larimer & Weld Irrigation Com y.
My commission
[SEAL] Z I NOTAnY
PUBLIC
WATERGLE
STATE OF COLORADO )
)ss.
COUNTY OF
4
Notary Public
n
u
L
Subscribed and sworn to before me this _""day of I n6t,.Ao—A _ __1 2001, by
t f Gkor" as _yYl�e�e �Ah� of Waterglen, LLC.
My commission expires: 10 -1\- a"Z
4L.9 fi5et
Notary Public
[SEAL]
HARTSHORN:
Hartshorn Properties, LLC
)ss.
COUNTY OF _ tL
Subscribed and sworn to before me this _L`` day of � , 2001, by
Qa�E CGCSrcHE Lr_�� LEtt) Bas iMPNA6�o of Hartshorn Properties, LLC.
My commission expires:_ t 0 -'a. t - O '4-
Notary Public
[SEAL]
1�
Exhibit Index
Ditch Relocation Agreement and Easement
Exhibit A.1
— A.3..........................................Main
portion of New Ditch
(Legal description and drawing)
Exhibit BA
— B.2..........................................Existing
Ditch
(Legal description and drawing)
Exhibit C.1
— C.3..........................................New
Lateral
(Legal description and drawing)
Exhibit D. I
— D.2..........................................Northeast
comer of New Ditch
(Legal description and drawing)
Exhibit E. I
— E.3...........................................Abandonment
of Easement
O OV2004 13:42 FAS 970 491 9984 JR ENGINEERING
LEGAL DESCRIPTION
LARIMER &ND'"LD CANAL EAc>~MENT
tI8o19
'At
05E 7NfS baSc4?/P70.c/
Fo Q CAV-4 t-
A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 04, TOWNSHIP 7
NORTH, RANGE 68 WEST OF THE 6th PM, COUNTY OF LARPAEt, STATE OF
COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE WEST LINE OF THE SOUTHWEST ONE -QUARTER OF SAID
SECTION 4, BEING MONUMENTED AT THE WEST QUARTER CORNER OF SAID
SECTION 4 CORNER BY A 3-1/4" ALUMINUM CAP STAMPED "LS 31938, 1997" ON A H6
REBAR PER MONUMENT RECORD DATED 8/11197, AND AT THE SOUTHWEST
CORNER OF SAID SECTION 4 BY A I" REBAR IN A RANGE BOX PER MONUMENT
RECORD DATED 11/20/85, IS ASSUM:"D TO BEAR N00019'44"E, WITH A DISTANCE OF
2586.39 FEET BETWEEN SAID MONUMENTS.
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 4;
THENCE N0001944"E, ON THE WEST LINE OF THE SOUTHWEST ONE QUARTER OF
SAID SECTION 4, A DISTANCE OF 1446.14 FEET, TO THE POINT OF BEGINNING;
THENCE S45" 19'28'1, A DISTANCE OF 281.22 FEET;
THENCE S52009'28"E, A DISTANCE OF 266.97 FEET;
THENCE S48055'28"E, A DISTANCE OF 137.31 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A DELTA
OF 94035'01" AND A RADIUS OF 295.00 FEET, A DISTANCE OF 486.99 FEET, THE
CHORD OF SAID CURVE BEARING N83047'01 "E, WITH A LENGTH OF 433.34 FEET:
THENCE N08'2540'B ON A NON -TANGENT LINE, A DISTANCE OF 53.69 FEET;
THENCE N31046'10"E. A DISTANCE OF 64.81 FEET;
THENCE N3904456"E. A DISTANCE OF 64,19 FEET;
THENCE N52046'22"E, A DISTANCE OF 64.95 FEET;
THENCE N57059'49"E, A DISTANCE OF 1014.55 FEET;
THENCE N63006'55"E, A DISTANCE OF 86.50 FEET;
THENCE N5905935"E, A DISTANCE OF 324.35 FEET;
THENCE N58059'35"E, A DISTANCE OF 121.63 FEET;
THENCE N52008'53"E, A DISTANCE OF 21186 FEET;
THENCE N43051'34"E. A DISTANCE OF 95.64 FEET, TO THE EAST LINE OF THE
SOUTHWEST ONE -QUARTER OF SAID SECTION 4;
THENCE N00002'44T- ON SAID EAST LINE, A DISTANCE OF 307.93 FEET, TO THE
CENTER QUARTER CORNER OF SAID SECTION 4;
THENCE N89015 23"W, ON THE NORTH LINE OF THE SOUTHWEST ONE -QUARTER
OF SAID SECTION 4, A DISTANCE OF 13.77 FEET, TO A POINT OF CURVATURE;
THENCE ON THE ARC OF A NON -TANGENT CURVE TO THE RIGHT, SAID CURVE
HAVING A DELTA OF 62001'30" AND A RADIUS OF 400.00 FEET, A DISTANCE OF
433.02 FEET, THE CHORD OF SAID CURVE BEARING S31031'41"W, WITH A LENGTH
OF 412.18 FEET, TO A POINT OF TANGENCY;
THENCE S62032'26"W, A DISTANCE OF 245.71 FEET;
THENCE S57011'36"W, A DISTANCE OF 634.01 FEET;
THENCE S58004'06"W, A DISTANCE OF 207.68 FEET:
THENCE S54047 26"W, A DISTANCE OF 200.43 FEET;
THENCE S58000'40"W, A DISTANCE OF 389.65 FEET. TO A POINT OF CURVATURE;
X:V9 I DWUalt\7914571\Wu tPLtpl9V914511 NEW DrIUN EAStMENTAm
PAQE10F2
03/08/2004 13:43 FAX 970 491 9964 JR ENGINEERING
® 020
1 C� THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE STAVING A DELTA
OF 32049' 36" AND A RADIUS OF 300.00 FEET, A DISTANCE OF 171.88 FEET, THE
CHORD OF SAID CURVE BEARING S41 °35'52"W, WITH A LENGTH OF 169.54 FEET, TO
A POINT OF REVERSE CURVATURE;
THENCE ON THE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A DELTA
OF 94T3' 1 I" AND A RADIUS OF 200.00 FEET, A DISTANCE OF 328.31 FEET, THE
CHORD OF SAID CURVE BEARING S72012'40"W, WITH A LENGTH OF 29167 FEET, TO
A POINT OF TANGENCY;
THENCE NW4545"W. A DISTANCE OF 137.88 FEET;
THENCE N52009'28"W, A DISTANCE OF 261.00 FEET;
THENCE N45019'28"W, A DISTANCE OF 372.99 FEET. TO THE WEST LINE OF THE
SOUTHWEST ONErQUARTER OF SAID SECTION 4;
THENCE S00° 19'44" W. ON SAID WEST LINE, A DISTANCE OF 139.94 FEET, TO THE
POINT OF BEGINNING.
CONTAINING AN OVERALL AREA OF 9.29 AC (404,677 SQUARE FEET).
I, DAVID P_ ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE PREPARED UNDER MY RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE, INFORMATION, AND BELIEF, ARE CORRECT_
DAVID P. ROBERTS. PROFESSIONAL LAND SURVEYOR
COLORADO PLS NO. 32825
FOR AND ON THE BEHALF OF JR ENGINEERING LLC.
THIS LEGAL DESCRIPTION DOES NOT CONSTITUTE ATMX SEARCH BY JR ENGEIEERING TO DETERMINE OWNERSHIP
OF THIS TRACT OR YMPY EASEMENTS OF RECORD. JR ENGINEERING AND THE SURVEYOR OF RECORD ASSUMES NO
RFSPONSIBILITY FOR OWNERSHIP RIOHTS OR EXISTING EASEMENT RIONTS AND RECOMMENDS CONSULTATLONWIM
ANATTORNEY.
A�
rt2 -
X:\391WM.1h391451 I\W.,ff Leph\3914511 NEW DrrCH FASBMENTAm
PAGE I UP 2
03/,120042 FAI 704912984 ,_w Q_
93i9B,1094 !J'12 FII 999 491 9994 JR "GINrp_?Nc 9IT
l y
03,08,2004 ma w 970 40 98 _w
mm
M
N,
.�
�
■ �
!
)\7J2
00
event Hartshorn's property is in the future subdivided and roads are dedicated on the plat
of such properly, which roads provide adequate access to the New Lateral, such parties'
rights of ingress and egress over any other portion of Hartshorn's property to the
easement shall be limited to such dedicated roads.
4. The pipeline has been designed for and will carry ten (10) CFS of
irrigation water.
5. All maintenance, upkeep, repair or any tasks necessary to keep the
pipeline operating and supplying the water as specified (except for problems caused by
LWIC or individual farmers using the lateral) shall be the responsibility of Hartshorn.
However, it is contemplated that Hartshorn intends to develop the surrounding property
into a residential or commercial subdivision and that in connection with such
development, an owners association will be created. In such event, Hartshorn shall be
released and discharged from any further obligation for maintenance, upkeep, repair and
other tasks necessary to keep the pipeline operating and supplying water upon the written
assumption by such owners association of Hartshorn's obligations hereunder. Such
release and discharge shall be contingent not only upon such assumption, but inclusion of
provisions in the enabling, creating and operating documents of the owners association
recognizing the assumption of such obligations, establishing that the owners association
has the power and authority to assess lot owners for costs and expenses incurred in
performing such obligations, and the authority to assert liens against lots of any owners
on account of any unpaid assessments.
Notwithstanding the foregoing, the individual fanners receiving water from the
lateral and pipeline shall be responsible for proper maintenance, cleaning, repair and
other tasks necessary to keep operating, the weirs and any other above ground structures
which constitute a part of the lateral, and neither Hartshorn or the owners association
shall have any responsibility with respect to same (except for repair of damages caused
by Hartshorn or individual owners and their guests or invitees).
6. The covenants for the Hartshorn property shall affirmatively state that the
owners association shall have the right to assess owners therein for the payment of any
amounts due from the owners association on account of its obligations assumed pursuant
to paragraph 5 above, or otherwise payable to LWIC under the terms of this Agreement,
and shall require that the owners association assign any sucl lien rights to LWIC if any
final award and/or judgment in favor of LWIC and against the owners association is not
fully paid within thirty (30) days following expiration of all rights of appeal of any such
award and/or judgment. In addition, the provisions of the covenants benefiting LWIC
shall provide that they may not be amended without the written consent of LWIC.
7. LWIC shall be provided access through or from the Hartshorn properties
to its ditch bank maintenance and operation road to generally follow the route of the
pipeline.
11
n D LEGAL DESCRIPTION
ICJ VACATION OF A PORTION OF THE LARIMER AND WELD CANAL
THAT PORTION OF A 100' WIDE RIGHT OF WAY DESCRIBED IN THE MAP OF
LARIMER AND WELD CANAL ENLARGEMENT RECORDED IN DITCHES AND
RESERVOIRS CARD #1044 OVER AND ACROSS THE SOUTH ONE-HALF OF SECTION
4, TOWNSHIP 7 NORTH. RANGE 68 WEST OF THE 6 TH PRINCIPAL MERIDIAN.
COUNTY OF LARIMER, STATE OF COLORADO.
LEGAL DESCRIPTION STATEMENT
I, GARY K. HAMMER, REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO. DO HEREBY STATE TIIAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY RESPONSIBLE
CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS
CORRECT.
�1:uWinunr��
"EG;S
GARY H . REGIS FRED LAND SURVPYOIY-
COLORADO NO: b i 24307 o c
FOR AND ON BEHALF OF IR ENGINEERING. L4M :
/��� 1111VAL 1111D0AA`\`p
DATE
%rn liiOVud I. EL; A LSvi145 VAC I doC
EXHIBIT B.1
-
01944' E/7/�---�--
I
I
<� N
%
/
!
« 2
;\ \O.r\
\
_
\/{
\�\
---�
AV-_MC
2.
OMM22.44
-vE-_r_.
((..))
y
--- --;
y-
_
--- -
�
d
�
»
\
a
%
_
F
/
-
-
--
.<
oll@
_z
\
a tEf/K\\
\
)/!
e 2
I SN
-
\
,
I�
�-'j
1]
r} 1 LEGAL DESCRIPTION
LARIMER AND WELD CANAL
SOUTHEAST ONE -QUARTER OF SECTION 4
A RIGHT OF WAY FOR CANAL PURPOSES OVER AND ACROSS THE SOUTHEAST
ONE QUARTER OF SECTION 4, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6 TH
PRINCIPAL MERDIAN. COUNTY OF LARIMER, SPATE OF COLORADO, BEING
DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE EAST LINE OF THE SOUTHWEST ONE QUARTER OF
SECTION 4, BEING MONUMENTED AT THE SOUTH END BYA 2" ALUMINUM CAP
STAMPED "L.S.25372, 1996" IN A MONUMENT BOX. AND AT THE NORTH END BY A
#6 REBAR AND 3'/4" ALUMINUM CAP STAMPED "L.S. 17502" BEARS N00002'44"E PER
WATERGLEN P.U.D. RECORDED AT RECEPTION NO. 98109875. LARNER COUNTY
RECORDS;
COMMENCING AT THE CENTER ONE -QUARTER CORNER OF SAID SECTION 4. SAID
POINT ALSO BEING THE POINT OF BEGINNING;
THENCE ON THE NORTH LINE OF THE SOUTHEAST ONE -QUARTER OF SAID
SECTION 4. S89015'23"E A DISTANCE OF 100.26 FEET TO A POINT ON CURVE SAID
POINT ALSO BEING THE INTERSECTION OF SAID NORTH LINE WITH THE
EASTERLY RIGHT OF WAY LINE OF THE LARIMER AND WELD CANAL AS SHOWN
ON SAID WATERGLEN P.U.D.:
THENCE ON THE ARC OF A CURVE TO THE RIGHT, HAVING A DELTA OF 36042'39".
A RADIUS OF 441.21 FEET, A DISTANCE OF 282.69 FEET, THE CHORD OF WHICH
BEARS S15013'57"W A DISTANCE OF 277.88 FEET TO A NON -TANGENT POINT;
THENCE S35031'00" W A DISTANCE OF 47.31 FEET TO A POINT ON THE EAST LINE
OF SAID SOUTHWEST ONE -QUARTER OF SAID SECTION 4;
THENCE ON SAID EAST LINE N00002'44"E A DISTANCE OF 307.93 FEET TO THE
POINT OF BEGINNING:
CONTAINING A CALCULATED AREA OF 0.503 ACRES (21,894 SQUARE FEET).
LEGAL DESCRIPTION STATEMENT
1, GARY K. HAMMER, A REGISTERED LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND
ATTACHED EXHIBIT WERE PREPARED BY ME OR UNDER MY RESPONSIBLE
CHARGE, AND ON THE BASIS OF MY KNOWLEDGE, INFORMATION AND BELIEF, IS
CORRECT. l
D.1
C, J
pi 1�n
Fy I
v n \y I
�m •9
O m V9� I
iO I
�N� I
zN I
ArA' I
z ova'
z-=Fn I
one m
m➢Tx I
_o�rN I
L Cn VI P�j I
n
C
/m /pJn
_
BASIS OF BEARINGS
FAST SINE OF THE SOUTHWEST ONE -QUARTER S00'02'a<"W
Ile — N 00'02'44 E Z6C0.5T (M) 307.9}
p
II I
O
n n`o
z
n_
yvm
N� z
•
z-..
� i n
Ur
z °
�
� D
z no
➢
z y
N p
fir`\
ro
n
0
A
m �nmam
"cn
Ii
arN�
�o
Vm
z
,o
I�
Im
D
m
ula
mI
Z
R1
�
vIA
IA
c
Q
•
I�
I�
Io
,a
u
S. The parties agree that this Agreement constitutes a benefit to LWIC and a
burden to Waterglen and Hartshorn and shall be deemed to run with the land. This
Agreement shall be binding and inure to the benefit of the parties, their heirs, personal
representatives, successors and assigns, including, without limitation, the Waterglen
Homeowners Association or any other homeowners association t. at may be associated
with either the Waterglen or Hartshorn properties.
9. This Agreement shall be recorded with the Clerk and Recorder of Larimer
County, Colorado at the expense of Waterglen and Hartshorn.
10. Any notice required or permitted hereunder shall be deemed effective
three working days after depositing in First Class United States Mail, postage prepaid,
and addressed to the parties to whom notice is to be given as follows:
LWIC:
Larimer & Weld Irrigation Company
P.O. Box 206
Eaton, CO 80615
With copy to:
The Dow Law Firm, LLC
P.O. Be-, 1578
Fort Collins, CO 80522-1578
WATERGLEN:
Waterglen, LLC
c/o Kenneth Crumb
361 7 1 " Ave., Suite 103
Greeley, CO 80634
HARTSHORN:
Hartshorn Properties, LLC
c/o Kenneth Crumb
361 7 1 " Ave.. Suite 103
Greeley, CO 80634
With copy to:
Michael A. Maxwell, Esq.
Hasler, Fonfara & Maxwell, LLP
125 S. Howes St., Sixth Floor
Fort Collins, CO 80521
11. Except as modified herein, the Original Agreement retrains in full force
and effect between the parties hereto, and the rights and obligations created thereby shall
continue, modified only the extent provided in this Fir<t Amendment, shall remain the
binding obligation of and inure to the benefit of the respective parties hereto.
3
/ IN WITNESS WHEREOF, the parties have caused this Agreement to be duly and
property executed on the day and year first above written.
LWIC:
Larimer & Weld Irrigation Company
106 Elm Street
P.O.16
E. 10611
1 :;Ba
STATE OF COLOR -ADO )
)SS.
COUNTY OF X -1— / )
Subscribed and swom to before me this 'T day of 44. ; (' 3004,
by Barry Anderson as President of the Latimer & Weld I gation Company.
My commission expires: 1 a J, d t
l
Notary Pu 'c
[SEAL]
WATERGLEN:
Waterglen. LLC
STATE OF COLORADO )
)ss.
COUNTY OF (-Q] E t-D )
Subscribed and swom to before me this 15 r" day of Mf` ,FCH , 2004,
by Kenneth Crumb as Manager of Waterglen, LLC.
[vtyggmmission expires: I D • 3 b ' Ob
r '
fir, ..• • Notary Public
:..[SEAL]
r�/'���/?.':•lj'� r -- 4 ; . ,.ram
4
a�.
HARTSHORN:
Hartshorn Properties. LLC
c/o Kenneth Crumb
361 7 1 " Avenue, Suite 103
Grecle 0
K • teth Crumb, ! nager
By -
c WN Manager
STATE OFCOLORADO
)ss.
COUNTY OF UJ E �- D
Subscribed and sworn to before me this I G4' day of /y�poy H , 2004,
by Kenneth Crumb and F:)RVLE E- as Managers of Hartshorn
Properties, LLC.
t;iMt My commission expires: D 3-(n 06
r Notary Public
[SEAL]
.... i
nvMTRTT
/
R=_95. 00'
L=1ru
CH=10.07 \\ SOUTHERLY LINE
N72'21'17"E� i�� PROPOSED LARIMER AND
UM WELD CANAL EASEMENT
A
C ' U J
��` O
.o O �
O Q �
100 50 0
SCALE: 1' = 100'
4=O'41'S6"
1 a0'41'56'
R=8973.50'
R=8914.'0'
L=109.45'
L=109.34'
CH =109.45'
CH-109.34'
S01'23'53' W
S01'23'53"W
w 3
NORTH VINE
— POINT OF
OvIN of E DRIVE PO p OINT OF b 7-
BEGINNING N88'57b5'w
---! — — 9.00'
,otr 140T'02'55' E_� — — — —
30. Of)'.. —..I L!88=57'C5"'W
S. LINE SW I/4. SEC. q 1 N, R- 6TH PM
NOTE_:
TF.S DRAWING DnES NOT REPRESENT A
g MOIdUMENTED SURVE-, AND IS ONLY
IN -ENDED TO DEPICT THE ATTACHED
LEGAL DESCRIPTION
m
CENTER 1/4 CORNER SECTION 4,
T7N, R68W OF THE 6TH PM.\
30- LOHC #6 REBAR WITH
a �
A 3 I/4" ALUMINUM CAP
STAMPED 'LS 17502"
a`
e
k�
e
N
�o
Flo
. In
SOUTH 1/4 CORNER SECTION 4.
T N. R68W OF THE 6TH
RECOVERED 2 ALUMINUM CAP
m
STAMPED -LS 25372, t996- IN
-
A MONUMENT BOA PER
m
MONUMENT RECORD DATED 6/13/96
3V,
COMMENCEMENT
m n
IRRIGATION LINE EASEMENT
_ TRAILHEAD
JOB NO. 39145.11
MARCH 15, 2004
SHEET 1 OF 1
j-R L-NGINr:[RENG
3i0 Fm flaPm Rffi 9de B0�Fml , L� �5
LEGAL DESCRIPTION
IRRIGATION LINE EASEMENT
A PORTION OF THE SOUTHWEST ONE -QUARTER OF SECTION 04, TOWNSHIP
07 NORTH, RANGE 68 WEST OF THE 61h PM. COUNTY OF LARIMER. STATE OF
COLORADO. MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BASIS OF BEARING: THE-, EAST LINE OF THE SOUTHWEST ONE -QUARTER OF
SECTION 4. BEING MONUMENTED AT THE SOUTH END BY A 2" ALUMINUM
CAP STAMPED "LS 25373, 1996" AND AT THE NORTH END BY A 3-I/4"
ALUMINUM CAP STAMPED "LS 17502", IS ASSUMED TO BEAR S00002'44W",
WITH A DISTANCE OF_600.57 FEETBETWEEN SAID MONUTvIENTS.
COMMENCING AT THE SOUTH ONE -QUARTER CORNER OF SAID SECTION 4:
THENCE N88057'05"W, ON THE SOUTH LINE OF SAID SOUTHWEST ONE -
QUARTER A DISTANCE OF 1556.24 FEET:
THENCE. N01002'55"E, A DISTANCE OF 30.00 FEET, TO THE NORTH RIGHT-OF-
WAY OF VINE DRIVE AND THE POINT OF BEGINNING:
TI IENCE N01"02'55"E, A DISTANCE OF 116.61 FEET, TO A POINT OF
CURVATURE:
THENCE ON TI IE ARC OF A CURVE TO THE RIGHT, SAID CURVE HAVING A
DELTA OF 004 ['56" AND A RADIUS OF 8973.50 FEET, A DISTANCE OF 109.45
FEET, THE CHORD OF SAID CURVE BEARING N01°_'3'53"E, WITH A LENGTII OF
109.45 FEET, TO A POINT OF TANGENCY:
THENCE N01 044'50"E, A DISTANCE OF 464.87 FEET:
THENCE N62029'02"W, A DISTANCE OF 317.04 FEET:
THENCE N 14006'06"W, A DISTANCE OF 89.60 FEET, TO THE SOUTHERLY LINE
OF THE PROPOSED LARIMER AND WELD CANAL AND A POINT OF
CURVATURE:
THENCE ON SAID SOUTHERLY LINE AND THE ARC OF A NON -TANGENT
CURVE TO THE LEFT, SAID CURVE HAVING A DELTA OF 1056'46" AND A
RADIUS OF 295.00 FEET. A DISTANCE OF 10_02 FEET, THE Cl IORD OF SAID
CURVE BEARING N7202FITZ, WITH A LENGTH OF 10.02 FEET, TO A POINT OF
NON -TANGENCY;
THENCE S 14006'06"E, A DISTANCE OF 8i.72 FEET:
THENCE S62029'02"E, A DISTANCE OF 317.72 FEET;
THENCE SOI 04450"W. A DISTANCE OF 471.63 FEET, TO A POINT OF
CURVATURE:
THENCE ON THE ARC OF A CURVE TO THE LEFT, SAID CURVE HAVING A
DELTA OF 0041'56" AND A RADIUS OF 8964.50 FEET. A DISTANCE OF 109.34
FEET, THE CHORD OF SAID CURVE BEARING S01°23'53"W, WITH A LENGTH
OF 109.34 FEET, TO A POINT OF TANGENCY:
X1\391(01HI aIK39145111Drawings5lcgal Exhibit 091451 I LX I IRR EASE.Joe
Page I of 2
I
THENCE SOI'02'S5"W, A DISTANCE OF 116.61 FEET, TO THE NORTH RIGHT OF
WAY OF VINE DRIVE;
1'l [ENCE NW57'05"W, ON SAID RIGHT-OF-WAY, A DISTANCE OF 9.00 FEET, TO
THE POINT OF BEGINNING.
CONTAINING A CALCULATED AREA OF 10,293 SQUARE FEET.
1. DAVID P. ROBERTS, A REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF
COLORADO, DO HEREBY STATE THAT THE ABOVE LEGAL DESCRIPTION AND ATTACHED
EXHIBIT WERE 13 -R Nn* RESPONSIBLE CHARGE AND ON THE BASIS OF MY
KNOWLEDGE, IN / ELIEF, ARE CORRECT.
32 _ _i ! MAQ 0 Y
DAVID P. ROB •AJ2OEESS[ON ND SURVEIOR �
COLORADO PL. �192a...... QJ
FOR AND ON THE - I[IR10 GINEERING LLC.
MIS LLCAL DESCRIPTION ONES NOT (,O,VSTITl It C A III LC SLINCII R) lR ENGINEERING TO DFI'ERAHNE OWNERSHIP
OT 7111S TRACT OR VFRIFI' L: 15FMENTS OF RECORD. lK FA GINEERING AND THE SURVIYOR OF RECORD ASSIMES NU
RESPONSIRILII)FOR OWNERSHIP RIG117S OR ESI,MM; FASEMENT RIGHTS AND RECOMMENDS CONSULTATION WITH
ANAITORNEI'-
X 1101 OU(ps1IV 91451 I \DrawingsLL.:gal Exhibit/\391451 I LX I IRR EASE dcc
Pagc_ of 2
r]
O
DITCH RELOCATION AGREEMENT AND EASEMENT
THIS AGREEMENT is made this I" day of July, 2001, by and between the Larimer &
Weld Irrigation Company, a Colorado mutual ditch company ("LWIC"); Waterglen, LLC, a
Colorado limited liability company ("Waterglen"); and Hartshorn Properties, LLC, a Colorado
limited liability company ("Hartshorn").
RECITALS
A. LWIC owns and operates the Larimer & Weld Canal, a/k/a the Eaton Ditch (the
"Eaton Ditch'). A portion of the Eaton Ditch traverses property owned by Waterglen and
Hartshorn, which property is being developed. The portion of the Eaton Ditch which runs
through this property is described in Exhibit B (the "Existing Ditch'). LWIC has an existing
casement for the Eaton Ditch through the subject properties by virtue of prescription and
historical use as depicted on Exhibit B.
B. The parties have agreed that as a part of the development of the Hartshorn
property and the Waterglen property, the Existing Ditch may be relocated by Waterglen and
Hartshorn pursuant to this Agreement (the "Project').
C. The New Ditch (Exhibits A and D) has been constructed in a manner satisfactory
to LWIC by Waterglen and Hartshorn, and remains only to be connected to the Eaton Ditch.
D. Prior to connection the New Ditch, Waterglen and Hartshorn will construct a new
lateral as described in Exhibit C (the "New Lateral") to supply irrigation water to agricultural
lands generally lying south of Vine Drive.
E. Exhibits A, B, C and D are attached hereto and incorporated herein by reference.
WHEREFORE, in consideration of the mutual promises and covenants contained herein,
and for valuable consideration, the parties mutually agree as follows:
The Recitals set forth above are accurate and are incorporated herein by reference.
2. LWIC accepts the New Ditch as constructed by Waterglen and Hartshorn and has
approved the specifications and construction thereof, including the drawings prepared by JR
Engineering entitled "Hartshorn Properties", Job No. 9145.03, Ditch Relocation, Drainage, and
Erosion Control Plan dated January 24, 2000.
3. The New Ditch may be connected to the Eaton Ditch at each end as a part of the
conclusion of the Project. Upon completion of the Project, LWIC agrees to abandon its existing
casement for the Existing Ditch as described in the Abandonment of Easement attached as
Exhibit E.1 — E.3. Exhibit E.I — E.3 shall be executed by LWIC and recorded as a part of this
Agreement. Any physical work or dirt work desired by Waterglen or Hartshorn to deal with the
Existing Ditch in any way shall be solely their responsibility. The connection of the New Ditch