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Home My WebLink AboutPLEASANT VALLEY AND LAKE CANAL SPRING CREEK AND TRAIL CROSSING - Filed ED-EASEMENT DEDICATION - 2002-10-23RCPTN # 92007039 0_,11/92 13:52:00 # PAGES - 5 FEE - $25.00 M RODENBERGER RECORDER, LARIMER COUNTY CO STATE DOC FEE - $.00 J // GROSSING AGREEMENT THIS AGREEMENT, made this _day of ry�,7;��_, 19 ;..; between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and THE CITY OF FORT COLLINS, a municipal hereinafter the "City" corporation, PROJECT The Soring Creek Recreation Trail Crossing located in Section 28 , Township 7N , Range 69W more specifically described on Exhibit "A" attached hereto and by this reference made a part hereof, in the City of Fort Collins, County of Larimer, State of Colorado. THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, the City desires to acquire a certain right-of-way to cross the irrigation ditch of the Company either by going over or under that ditch. NOW, THEREFORE, in consideration of TWO HUNDRED FIFTY AND N01100 DOLLARS ($ $250.00 ), the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: 1. The Company grants to the City 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 the City 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. 3. 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. 11. 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 selected by the Company. If an engineer is retained, his fees and expenses shall be paid by 6. In the event any sum is expended by the Company for repair or maintenance of the ditch at the point of disturbance, the City shall 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, 1992 unless written consent by the Company is granted. 0. 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. The City 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 ditohbank, either now or at any future Lime, the Company shall be wholly without liability for damages to the recreation Mail crossing 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 the City Tn rho ox tort thnr'>ed by lay he City aha11 indemnify the Company and forever hold it harmless from liability for damage to third persons resulting from said crooning or any construction or repair in connection with the crossing. 11. The Company shall have full power to operate, - 2 - 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 recreation trail crossing shall not be chargeable to the Company. In the event, however, that any such action on the part of the Company could reasonably be expected to effect the recreation trail crossing, the Company agrees to give prior notice to the City and to cooperate with the City 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. ine!nd-i�tg. ,-yn-L�sel 141: Led—to—t-h e d—of—Deb-i-ea->ri-en�r� �7 n-ny—e-khee--means. Upon transfer of its interests in this Crossing Agreement, the City _. 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: secretary PLEASANT VALLEY & LAKE CANAL COMPANY i President CITY OF FORT COLLINS, COLORADO By: C ,ATTEST: City Manager City Clerk CORPORATE SEAL APPROVED AS TO FORM: Assista<t City A. orney !- /- `- S';z - 3 - EXHIBIT "A" Page 1 of 2 DESCRIPTION FOR THE LOCATION OF THE PLEASANT VALLEY LAKE AND CANAL DITCH CROSSING PERMIT A ditch crossing located in the northwest one quarter of Section 28 Township 7 North, Range 69 West of the Sixth Principal Meridian, City of Fort Collins, Larimer County, Colorado, more particularly described as follows; Considering the line between the north one quarter of the said Section 28 (being a found aluminum cap in a range box) and the center quarter corner of the said Section 28 (being a found No. 4 rebar) being the east line of the said northwest one quarter as bearing South 00 degrees 04 minutes 55 seconds East, and with all bearings contained herein relative thereto; Commencing at the said north one quarter corner; THENCE along the said east line of the northwest one quarter, South 00 degrees 04 minutes 55 seconds East for a distance of 2200.00 feet; THENCE South 89 degrees 55 minutes 05 seconds West for a distance of 222.00 feet to the center of the Pleasant Valley Lake and Canal Ditch and to the center of the proposed crossing. I hereby state that the above ditch crossing description accurately describes a survey done by me or under my direct supervision and is true and correct to the best of my professional knowledge, belief and opir;ion. %.- 1 / WALLACE C. MUSCOT DATE' COLORADO P.L.S. 17497 u €....., y'• EXHIBIT "At._ - _ Pam.•of,'2 r .OVERLAND ,TRAIL RD. _ ---•DRAKE-.RD. ny rt �, Wi s� e BARRAU A St QUAIL iO�10W DEVEhQPEa)�� lot oil �`� Cz4a `t3 ,t� cry< ,� a,y✓ a �'- rt S _ — -- -- ,�q�i' 'L.*. 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