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Home My WebLink AboutOVERLAND TRAIL FARM PUD REPLAT - Filed OA-OTHER AGREEMENTS - 2004-08-24•RCPTN # 86063509 1.0/31 d6 11:08:59 # OF PAGES — 4 FEE — $12.00 J. ULVANG, RECORDER — LARI!MER COUNTY, CO. STATE DOC. FEE— $.00 CROSSING AGREEMENT THIS AGREEMENT, made this 22nd day of October , 19 86 , between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and AMERICAN DIVERSIFIED SAVINGS BA14K, hereinafter ADSB PROJECT 10 feet wide by 40 feet long foot bridge for sidewalk along Overland Trail located in Section 16 , Township 7N , Range 69W more specifically, along the east side of Overland Trail, 2100 feet north of West Prospect Street in the City of Fort Collins, County of Larimer, State of Colorado. THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, ADSB desires to acquire a certain right-of-way to cross the irrigation ditch of the Company either by going over or under that ditch. NOW, THEREFORE, in consideration of Two Hundred -Fifty dollars ($ 250.00 ), the receipt of which is hereby acknowledged by the Company, the parties mutually agree as follows: 1. The Company grants to ADSB 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 ADSB 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. 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 selected by the Company. If an engineer is retained, his fees and expenses shall be paid by ADSB G. In the event any sum is expended by the Company for repair or maintenance of the ditch at the point of disturbance, ADSB 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, 1987 , 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. ADSB 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 the foot bridge 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 Dompany ADSB 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, - 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 foot bridge 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 foot bridge , the Company agrees to give prior notice to ADSB and to cooperate with ADSB 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 ADSB by Deed of Dedication or by any other means. Upon transfer of its interests in this Crossing Agreement, ADSB 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 Secretary President AT T: AMERICAN DIVERSIFIED SAVINGS BANE, / A CALIFORNIA CORPORATION G Secretary Pre en - 3 - .'ou 4 P t��! g fI la;(,{! .1 jj (E•,,(f �r�Itlr�l9+( f td,I, y7t„+, d ft r, f4 sr tt11', 'f' ro to 0 1 { t, „r EPli e 1 yy e �j r,fl41T Tij et1�' +r,.tr It1� 1�,{,IS1;p`Frr�♦�� ;,I I I Itll 1°, 11 I F1, 11 t'-I i t,�jl r FF ~11..1 it 11 I�el•1'.i �'�C'�' :�' tf I1111 tIt ja' � TTI II I I I I }II f I jP � � j�11II`1i1 I it Ill;11 !Iiirf r iil. e j rl 'I��'I'IILLI Ir.L ll.•II ; 1—��-a� • DY i 'I fr, 7In; —r V 'E f AE y P zc lo A; AMErd1 CAN DIVCRS/G,ED G9,P1F�L LOF ��/N//IElN. lrf/!/N9T 6 HODr/NrfJ O r r t • dy 0,*�,l O VE q L� qO 'RSA IL FPRM VHq It Tr -.I s roeN tX 2q OSSWGOF-... .. ,. vl! /� 1 a yT VA° C Y G L/•y[ cr NnL pT<y RE V 1 5 1 0 NS APPROVED POR CONSTRICTION: