Loading...
HomeMy WebLinkAboutPLEASANT VALLEY AND LAKE CANAL WEST ELIZABETH STREET TO WEST MULBERRY STREET EAST OF SOUTH OVERLAND TRAIL - Filed OA-OTHER AGREEMENTS - 2005-02-02RC?TN # 87064998 /16/87 16:00:15 # OF F ER - 3 FEE - 59.00 M_ RODENBFRCER, RECORDER - LARIMER COUNTY CO .4TATF DOC FEE- 5,00 CROSSING AGREEMENT THIS AGREEMENT, made this /Zf� day of 1�1WLC , 19$_7, between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and THE CITY OF FORT COLLINS, COLORADO, hereinafter the "City". WITNESSETH: THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, the City desires to acquire a certain right-of-way for a water line to be - open -cut across the ditch 'of the Company. NOW, THEREFORE, in consideration of two -hundred and fifty dollars ($_ 250.00 ), the receipt of with 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 water line under the ditch owned by the Company in Larimer County, Colorado, at the location designated on the map 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 rights granted herein. 3. The top of said water line 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, 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 the City. 4. 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. 5. Installation and maintenance of said Water line 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. In the event of such disturbance, the City shall immediately take all steps necessary to fully correct the disturbance of the flow of water and such corrective steps shall be solely at the expense of the City. The City agrees that all work relating to said crossing will be completed prior to April 15, 1988. RCPTN # 87064997 /16/87 16:00:06 # OF i ;ES - 3 FEE - 89.00 M. RODENBERCER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $,00 CROSSING AGREEMENT THIS AGREEMENT, made this 1z"4day of /(/Odeis4i�tG , 1gsf7 between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and THE CITY OF FORT COLLINS, COLORADO, hereinafter the "City". WITNESSETH: THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, the City desires to acquire a certain right-of-way for a water line to be bored underneath the ditch 'of the Company. NOW, THEREFORE, in consideration of two hundred fifty dollars ($_ 250.00 ), the receipt of with 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 water line under the ditch owned by the Company in Larimer County, Colorado, at the location designated on the map 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 rights granted herein. 3. The top of said water line 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, 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 the City. 4. 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. 5. Installation and maintenance of said water line 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. In the event of such disturbance, the City shall immediately take all steps necessary to fully correct the disturbance of the flow of water and such corrective steps shall be solely at the expense of the City. The City agrees that all work relating to said crossing will be completed by April 15, 1988. �,- 6. 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 water line 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. 7. Installation of said water line shall be entirely without cost to the Company. The City 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 therewith. G. The Company shall have full power to operate, 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 water line 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 water line, the Company agrees to give prior notice to the City and to cooperate with the City to avoid injuries or damages to that line. 9, 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 the City by Deed of Dedication or by any other means. Upon transfer of its interests in this Crossing Agreement, the City agrees to inform the Company of the name of the transferee. 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: ecretary PLEASANT VALLEY & LAKE CANAL COMPANY I By: iL! CL r 7/ zC President CITY OF FORT COL%LINS, COLORADO By: 4L City Manager ATTEST: Approved As To Form: C ty Clerk Assistant City Attorney 2 - 5/ZO 5//S 5//0 5/0 S MULBER9y 0" p. I.IN M' 40L.F-/8"xO.3/Z' ? STEEL CAS/N� STiQEET ZO' ZO' NOTE PROPOSED CROSS/MC TO BE BO.PEO 40 &F- /a, x 0.3/Z" STEED CASING 8"OUCT/LE IRON WATER M!1/N FOOTHILLS PRESSURE ZONE IMPROVEMENTS' PLE.464NT VALLEY e L!I/KE" CLAW CROSS/NC, J'4 (MULBEiPRY STeCET EAST OFOVERG4/VO T WL) 5CQLE F/ /"= ZO, V PIZ51 IN� 6. 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 water line 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. 7. Installation of said water line shall be entirely without cost to the Company. The City 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 therewith. B. The Company shall have full power to operate, 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 water line 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 water line, the Company agrees to give prior notice to the City and to cooperate with the City to avoid injuries or damages to that line. 9. 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 the City by Deed of Dedication or by any other means. Upon transfer of its interests in this Crossing Agreement, the City agrees to inform the Company of the name of the transferee. 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 ATTEST: City Clerk PLEASANT VALLEY & LAKE CANAL COMPANY i T -r —es-3 A e n t CITY OF FORT COLLINS, COLLOORRA}DO By: City Manager - 2 - A�Proved As To Form; Assistant City Att^"ney v N v QQ Q V WQ WEST ELIZ46ETH STREET 5/z0 5//5 f8••R/W.M. 30 C. F. - /8" x 0.3/z" STEEL CA6/NC7 CL4Y CUTOFF W4LL 8"OUCT/LE Z 5 / / O /RON W4TEQ M4/N a 30 C . F M /8" x O.3/z" 5/O5 STEEL C4$/NG NOTE: PROPOSED CROSS/NG TO BE OPEN CUT FOOTH/(-LS PRESSURE ZONE /MPROVEMENTS PLEA 6 4NT V.41-L EY �' LAKE C.4N.4L CROSSING W/ (WEST EL /ZASETH S)k7EET) SCALE H /"=z0" V /"=5' RCPTN # 87064995 11/16/87 15:59:45 # OF PH6ES - 3 FEE - $9.00 M. RODENBERCER, RECORDER - LARIMER COUNTY CO STATE DOC FEE- $.00 CROSSING AGREEMENT THIS AGREEMENT, made this /Z? day of between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and THE CITY OF FORT COLLINS, COLORADO, hereinafter the "City". WITNESSETH: THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, the City desires to acquire a certain right-of-way for a water line to be bored underneath the ditch 'of the Company. NOW, THEREFORE, in consideration of two hundred fifty dollars ($ 250.00 ), the receipt of with 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 water line under the ditch owned by the Company in Larimer County, Colorado, at the location designated on the map 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 rights granted herein. 3. The top of said water line 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, 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 the City. 4. 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. 5. Installation and maintenance of said water line 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. In the event of such disturbance, the City shall immediately take all steps necessary to fully correct the disturbance of the flow of water and such corrective steps shall be solely at the expense of the City. The City agrees that all work relating to said crossing will be completed by April 15, 1988. 6. 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 water line 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. 7. Installation of said water line shall be entirely without cost to the Company. The City 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 therewith. B. The Company shall have full power to operate, 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 water line 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 water line, the Company agrees to give prior notice to the City and to cooperate with the City to avoid injuries or damages to that line. 9. 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 the City by Deed of Dedication or by any other means. upon transfer of its interests in this Crossing Agreement, the City agrees to inform the Company of the name of the transferee. 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 ATTEST: City Clerk PLEASANT VALLEY & LAKE CANAL COMPANY By: % is �% � ;1-71LI�1f President CITY OF FORT COLLINS, COLORADO By: City Manager Approved As To Fora;: Assistant City Attorney - 2 - OVER4,4/VO TA7 ,-B"O/WM. \ 45 LE- /B"x 0.3/0" / STEEL CQS/NG \ �a m mm n z A n � 5/Z5 m TOP OF PAVEMENT OVERL ANO 7-,Q4/L 45 L. F M /9"x 0.3/Z" 5//5 STEEL CA5/NG N 5//� Z2 c • '5/0S /VOTE PROPOSED CROSS/n/G TO SE BO,PEO s" PUCT/zE 1,061V W4M,,QM4/N FOOTAI(ILLS PRESSURE ZO/VE /MP,POVEMEVTS PLE4641VT WLC.EY e L4fCE"C,4N.4L CROSS/NG *3 (NOWTH OFMU(-3C FY ON OVEPLAND T,Q4/1-) 5C4LE H / ZO' V /"= 5' RCPTN # 87064996 il/16/87 15.59:56 # OF PAGES - 3 M. RODENPERGER, RECORDER - LARTMER COUNTY CO STATE DOC FEEFEE - $9.00 .00 CROSSING AGREEMENT THIS AGREEMENT, made this L0._'1day of /�ye.,�( 1', 19ffi, , between THE PLEASANT VALLEY AND LAKE CANAL COMPANY, hereinafter the "Company," and THE CITY OF FORT COLLINS, COLORADO, hereinafter the "City". WITNESSETH: THAT WHEREAS, the Company is the owner of an irrigation ditch and right-of-way, commonly known as the Pleasant Valley and Lake Canal; and WHEREAS, the City desires to acquire a certain right-of-way for a water line to be _ open -cut across the ditch ,of the Company. NOW, THEREFORE, in consideration of two -hundred and fifty dollars ($_ 250.00 ), the receipt of with 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 water line under the ditch owned by the Company in Larimer County, Colorado, at the location designated on the map 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 rights granted herein. 3. The top of said water line 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, 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 the City. 4. 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. 5. Installation and maintenance of said water line 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. In the event of such disturbance, the City shall immediately take all steps necessary to fully correct the disturbance of the flow of water and such corrective steps shall be solely at the expense of the City. The City agrees that all work relating to said crossing will be completed by April 15, 1988. 6. 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 water line 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. 7. Installation of said water line shall be entirely without cost to the Company. The City 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 therewith. 6. The Company shall have full power to operate, 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 water line 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 water line, the Company agrees to give prior notice to the City and to cooperate with the City to avoid injuries or damages to that line. 9. 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 the City by Deed of Dedication or by any other means. Upon transfer of its interests in this Crossing Agreement, the City agrees to inform the Company of the name of the transferee. 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: j Secretary ATTEST: PLEASANT VALLEY & LAKE CANAL COMPANY By: President CITY OF FORT COLLINS, COLORADO By:A�c- City Manager City Clerk N*.oved As To Form: - 2 - Asgigtant Cite At'n ney OVERLAND TeWl- S//5 N P V� aP� Zo' P../W. M. 30 L.F - /8" x 0.3/0" STEEL CAS//VG N 8" DUCT/LE ? //KON WATER IN 5/!O 5005 CLAY - /5' CUTOFF _I WALL 5' STEEL CA1511VG n/OTE: PRDVOSEO CROSS1AIC, TO BE OVEN CUT FOOTI-//G-S FgEESSUPE' ZONE /MPPOVCMENTS PLEASANT MUEY E LAKE C4AW4- CRO66/NG'00 (EAST OF OVERL4/10 TR,4/6) 6C4(E : h/ /"= ZO' V /" z 5