HomeMy WebLinkAbout2.0 Contract for Purchase of Water 04.01.1974• •
CONTRACT FOR PURCHASE OF WATER
April 1, 1974
THIS AGREEMENT entered into the day and year above
between S.W. ANDERSON & LOLA MARIE ANDERSON as SELLERS and
RIFLE VILLAGE SOUTH METROPOLITAN DISTRICT as BUYERS.
WITNESSETH:
WHEREAS the Sellers own and desire to sell, and the Buyers
desire to buy water from W.A. SKELTON DITCH & J.T. PIERCE
DITCH or headgate. Now therefor., for and in consideration
of the terms set forth below and the MUTUAL promises of the
parties hereto, the parties agree as follows;
1) The Sellers shall sell and deliver to the Buyers not
more than 15 CFS of water from S.V. Anderson for a period of
five years from the date hereof until April 1, 1979. Such
water shall be delivered to Buyers at Headgates #;1 and #2.
2) The Purchase price of such water shall be the sum of
ten cents per thousand gallons for the first year; Thereafter
the price shall be negotiated prior to each annual anniversary
date and this contract shall be amended by a memorandum, signed
by the parties hereto and attached hereto setting forth the
negotiated purchase price for that year.
3) Payments shall be made to the Seller in quarterly
installments beginning three months from the date hereof and
continuing each three month anniversary date thereafter, based
upon the measured amount of water used multiplied by the
applicable per thousand gallon rate for water used during the
last three - month period.
4) Buyers shall have the right and option to renew this
contract for a period of five years from April 1, 1979 to
April 1, 1984, based upon negotiated price per thousand gallon
rate. Such notice shall be given in writing delivered to the
Buyers at least 60 days prior to the expiration date hereof.
5) Time is of the essence hereJf, and if any payment or
any other condition hereof is not made, tendered, or performed
by either the seller or purchaser as herein provided, then this
contract, at the option of the party who is not in default,
may be terminated by such party, in which case the non -default-
ing party may recover such damages as may be proper. In the
event of such default by the seller, and the purchaser elects
to treat the contract as terminated, then all payments made
hereon shall be returned to the purchaser. In the event of
such default by the purchaser, and the seller elects to treat
the contract as terminated, then all payments made hereunder
shall be forfeited and retained on behalf of the seller. In
the event, however, the non -defaulting party elects to treat
this contract as being in full force and effect, then nothing
herein shall be construed to prevent its specific performance.
6) Upon approval hereof by the seller, this agreement
shall become a contract between seller and purchaser and shall
inure to the benefit of the heirs, successors and assigns of
said parties.
Purchaser's Address
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Seller's Address Y/ /lc
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• •
LEASE FOR SAND AND GRAVEL
THIS AGREEMENT, entered into this the :30th day of January , 19 78,
by and between S. W. Anderson and Lola Marie Anderson •
of Rifle, Colorado , hereinafter called "Lessor", and
Bailey Concrete Products of Erie, Colorado
hereinafter called "Lessee".
WITNESSETH THIA'l': The parties hereto, for and in consideration of the
mutual covenants and agreement herein contained, do hereby agree as follows:
1.
The lessor has demised and leased and by these presents does demise and
cit
lease unto the Lessee for a term of "13x(5) years, beginning the 30th
day of January, 197a and expiring the 30th
day of January , 19_83_,
the following described tract and parcel of land situated in Garfield County,
Colorado, to -wit:
See attached Exhibit A.
together with the exclusive;ri,^,ht to explore for, wash, crush, mine, market,
stockpile, store and remove sand and gravel.(including all by-products) and to
install a concrete batch plant and/or asphalt plant thereon and therefrom said
described property at all times during the term of this lease, and in
accordance with the provisions thereof.
2.
Reciept is hereby acknowledged of $7,500.00
, which shall be the
minimum royalty payment for the term of the lease. Said payment shall be
considered as a prepayment of royalty.
At the end of each calendar year during the period of this agreement and
any extension thereof a new royalty shall be computed and shall be increased
by the percentage amount of increase in Consumer's Price Index maintained
by the U.S. Bureau of Labor Statistics, during the proceeding year but in
event of a decrease in the Consumer's Price Index as so announced the rate
to be paid as compensation for said materials shall be decreased by the per-
centage amount of decrease in the Consumer's Price Index for said period.
Thi., lease shall be assignable in whole or in part by the Lessee or Lesser.
4.
Lessor shall have the right to inspect all records, hooks or accounts pertain
ing to mining, extraction, transportation and returns of materials taken from the
herein demised premises.
5.
Lessee may make or place such improvements and equipment upon the herein
demised premises as may be reasonable necessary to explore for, mine, process,
stockpile and remove sand and gravel including a concrete batch plant and/or asphalt
plant therefrom and upon termination of this lease, for any reason, Lessee may remove
such improvements and equipment, provided, however, that all royalties have been
paid and that such removal is accomplished within one year of the termination date
or before such earlier date as the Lessor may set, upon thirty days written notice
to the Lessee. Lessee agrees to honor all existing easements and rights of way.
6.
Lessee is hereby given the right to build and maintain a water reservoir. at
such place on the herein demised premises as may be selected by Lessee and to use
the water there collected, or water from any stream in or on the demised premises,
together with the right to lay and maintain all necessary water lines as may be
required by the Lessee in the mining, stockpiling and processing of sand and gravel.
7.
Lessee is hereby given the right of ingress and egress to and from the herein
demised premises over and across land of Lessor adjacent to said demised premises.
8.
Lessor covenants and agrees that he is the sole owner and has good title to
the demised premises and covenants to defend title to said property and hold Lessee
harmless against the claims of all persons whosoever during the term of this agree-
ment and agrees that if at any time Lessor should fail to pay any mortgage, loan
deed, taxes or other lien upon the demised premises, Lessee shall have the right at
any time to pay such lien or other charge and that such payment shall subrog.nte
Lessee to the rights of the holder thereof. Lessor further agrees that all such pay-
ments so made by Lessee may be deducted by it from any royaltythereafter payable to
Lessor by Lessee under the provisions of this agreement. Lessor further warrants
that Lessee shall have peaceable and quiet possession.
-2-
9.
As part of the consideration for this lease, it is understood that Les:ee shall
have the right to decide when, where, whether and how to conduct operations her^ -
under, and Lessee shall be under no obligation to conduct any operations 11<!reunder
or to mine and remove any minimum total quantity or periodic quantity of !.and and
gravel from the demised premises. All mining operations which may be conducted
hereunder shall conform with good mining practices and shall be carried on in a
workmanlike manner and shall conform with all the laws of the State of Co]oradc.
10.
It is agreed by the parties hereto that if and when the Lessee is in default
of payment of any royalties due hereunder., the Lessor may give to the Lessee written
notice of the amount due and his intention to terminate this lease. If such rcyalties
then due are not paid within thirty (30) days from the date the Lessor gives such
notice, the Lessors may then declare this lease terminated, but otherwise, this
lease is to remain in full force.
11.
The parties agree that the Lessee shall have the right to renew this lease,
at its option, for one (1) additional period of three (3) years each upon the same
terms as contained herein; however, said option shall be exerFised by Lessee by
giving written notice to the Lessor, sent by United States Registered Mail, post-
marked before the expiration of this lease, of its intention to exercise such option
and by payment of the One Hundred Dollars ($100.00) minimum royalty.
12.
The word "Lessor: wherever used herein shall include Lessor, his heirs, rep-
resentatives, administrations, successors, and assigns; and the word "Lessee"
wherever used herein shall include Lessee, its successors and assigns.
13.
If the whole or any part of the premises hereby demised shall be taken or
condemned by any competent authority under power of eminent domain for a public or
quasi public use or purpose, Lessor reserves the sole right to defend any s.ueh con-
demnation
on-demnation or similar action or to negotiate a settlement thereof, and to collect
monies paid therefor, Lessee will receive from Lessor 15% of any such award .is
damages for loss of sand and gravel. Lessor will be allowed to deduct from --.onies
awarded expenses incurred in contesting the condemnation before computing the 157;
due Lessee.
• •
is r1u•ea1ly understood and expressly ar,reed that this inv;trument c ,bo,'.ics
the e2..1.7. .it:rcement of the parties hereto in relation to the subject matter hereof
and t:.7
un.;crstanding or ;1rreemen,.s, verbal or otherwise, In relation thea t7o
exi!,t bctween the parties hereto except as are herein expressly set forth, and
that r.o change or mod.tiicat1on of this agreement shall be valid hitless in writing
and sit•, ird by loth Lessor and Lessee.
15.
,Any payments, notices or other communications required or appropriate under
this Lohse shall be conclusively deemed accomplished and effective if dispatched
to the res ective parties it the addresses below, unless written notice of any
chane ,•t ad: ress is received and acknowledged by all parties hereto.
Lessee:
12431 Kenosha Rd.
Box 630
Erie, Colorado 80516
Lessor:
.J.
10991 320 Road
Rifle, Colorado 81650
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IN WITNESS WUFRFOI', the parties have hereinto executed this lease as
;,1 the daand year first above written.
I p
LESSOR: as_
B y :
LESSEE:
STATE 0
COUNTY OF
Before me,
State ori the
By:
SS:
the undersigned, a Notary Public, in and for said County and
day of ekeeely , 197g , personally appeared 5. U) eiScn,
, to me known to be the identical
Rae F
- y
person(s) who executed the within and foregoing instrument and acknowledged to
me that came_ executed the same as
and deed for the uses and purposes set forth.
free and voluntary act
Given under my hand and seal the day and year last written.
M•: commission Expires:
0
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1
N.tary 'ublic
.\2I)1;1,11111m TP I E,• a"0': SA`i D AT\T1) ('PANEL,, Anted thirst day o[ February,
197S, b and be mt'en S.W. :" r uierson and Iola Marie Anderson (Lessor) , and
Arl io F. 1i ley d. b. ;a. Mile" " Concrete Products (Lessee)
''ursu ant to rar.ao.ranh 14 of said Lease For Sand and (;ravel,
the part i c :; thereto and hereto hereby change and modify said Lease
A. The fol ler.; i!w sent cnee shall be added t:o paragraph 5 of sni.d Lease:
!'c ever ,g Lcs.:ee :i rees to restore the leased premises after
vomova 1 oto such improvements and equipment to the same condition
:a:: existed « .ior to any Placement or location of such inprove-
e:e xi rt or c'r., r f lment by lessee.
B. Le ;son and Lessee agree that said Lease is contingent ur+on
Lessee being able to obtain all proper and necessary local, state
and few l-:•ra1 permits which may be necessary for its sand and gravel
operat ions , and, i " unable to obtain such permits within a rx riod
of ninet v days from the date of said Lease, then said Leasee shall
by void and no effect, and any monies paid by Lessee to Lessor
mi a l i rn .nn rowa] t i es shall be returned to Lessee.
(' L. ssee ar-roes and acknowledges that it is solel'• res'opsible
and liable ror the reclamation of the demised nremi';es. and Lessee
hereby assumes and arees to pay for any and all bonds or undertakings
whi ch may be required for its operations.
:.essee he- <.hv agrees to indemnify and hold Lessor harmless for
nnv and .all liability or causes of action of any nature arising out_
Lessee's activities or operations upon the demised promises ander
this Lease.
E. Lessee covenants and agrees to pay Lessor, as. rent or royalty
Twenty Cents (.20) for each and every ton•of sand and gravel mined
and sold from the premises. Payment of royalty shall be monthly, not
later than the 15th day of the month following the month which the
saleable sand and gravel is actually removed from the demised premises.
In witness whereof, the parties hereto have hereunto set their
respective names and seals this j__ /—
Lessor: —
Lessor:
S. W. Anderson
Lola Marie Anderson
Lessee:
Ar ie F. Bailey
dba Bailey Concrete Products
I011lt 0. 1CAIUOW I.I.H11. MOIL
1Or WA111611
1011lt A. WAr11111.1.
JIANCOlt 11.
110111L10KO111lOW 1.1.
cSc1-ivzow tIrld Wal/, QC.
Reg. land Surveyors and Engineors
Box 460
Glenwood Springs, Colo. 81601
GARFIELD COUNTY
COLORADO
t ,cl.ov4r1
CIAO, C7...ui11
WIl0 TN1o001rt/
Pus tevll
04$tIYr1M1 SIN/Au
A parcel of land situatod in tho SW$ and In tho SW4NWi: of Soction 17,
also In tho SEINE& and tho SEA of Soctlon 18, all in Township 6 South,
Ronne 93 Wost of tho Sixth principal Moridlan, lying Southerly of tho
contorlino of tho Colorado Rivor as survoyod Octobor, 1970 and Northerly
of tho Southorly Moandor Lino of the Colorado Rivor as plotted from the
Government Field Notos, said parcel of land being doscrlbod as follows:
Beginning at a point on tho Southorly Meander Lino of said River, said
point boing on tho Eastorly lino of sold Soction 18, whence tho corner
common to Soctions 17, 18, 19 and 2.0, in said Township and Range boars:
S.00'45°36" E. 891.00 foot, more or loss; thonco S.75°55°00" W. 55.44
feet along sold Moandor Lino; thonco S.61'00100" W. 152.91 foot, along
said Moandor Line to a point in tho contor of said River; thence N.22'
21'49" E. 219.63 feet along said centerline; thenco N.06'52°42" E. 433.
82 foot along said centerline; thonco N.24°39°09" W. 243.72 feet along
said contorlino; thence N.24°23°I0" W. 396.91 fent along said centerline;
thence N.0I°00'46" W. 279.51 foot along said centerline; thonco N.06'
04'Il" E. 336.69 foot along said contorlino; thonco N.37'35°50" E. 194.
17 foot along said contorlino; thonco N.66°40°5311 E. 271.80 foot along
said contorlino; thence N.87°30'30" E. 386.65 foot along said centorline;
thonco S.67°25'38" E. 641.51 foot along said contorlino; thonce S.56'
45'42" E. 743.17 foot along said contorlino; thonco 5.59000°22" E. 1339.
55 foot along said contorlino to a point on tho Southorly Moandor Line
of said River; thence S.82106'00""W. 351.78 foot along said Meandor
line; thence S.84°53'00" W. 504.90 foot along said Meander lino; thence
N.79°58'00"W.• 291.72 foot along said Moandor lino; thonce S.82'30°00'
W. 180.18 feel along said Maunder Lino; thence S.50°00'00" W. 699.60
feet along said Moandor lino; thonco S.80'33100" W. 990.00 foot along said
Meandor Lino to a point on the Westerly Fine of said Section 17, the point
of beginning.
The.above described parcel of land contains 80.41 acres, moro or Tess.
Novembor.19,1970
SCARROW AND WALKER, INC.
Robert D. Scarrow
Registered Land Surveyor.
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO. 5
STATE OF COLORADO
Application No. W-1310
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF SAMUEL ) RULING OF
WOO ROW ANDERSON IN THE COLORADO ) REFEREE
RIVER IN GARFIELD COUNTY
F 1 L_
IN WATEV,,
Division 14o. .'
DEC1 2,1172
STATE OF COLORADC
W..7LC C .
{
The above entitled matter having been referred to the undersigned
as Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court on the 12th day of July, 1972, in accordance with
Article 21 of Chapter 148, Colorado Revised Statutes 1963, as amended
(Chapter 373 S.L. Colo. 1969), known as The Water Rights Determination and
Administration Act of 1969.
And the undersigned referee having made such investigations as
are necessary to determine whether or not the statements in the application
are true and having become fully advised with respect to the subject matter
of the application does hereby make the following determination and ruling
as the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Anderson Well No. 2.
3. The name of claimant and address is: Samuel Woodrow Anderson,
Route 1, Box 140, Rifle, Colorado.
4. The source of the water is a well having a depth of 12 feet.
5. The well is located in the NW 1/4 NW 1/4 of Section 20, T. 6S.,
R. 93W. of the 6th P.M. at a point whence the Northwest Corner
c said Section 20 bears N. 01°30' W. 599 feet.
6. The proposed use of the water is domestic, irrigation and all
other beneficial uses.
7. The date of initiation of appropriation is August 1960.
8. The amount of?ater claimed is: Absolute - 1.0 cubic foot per
second of times Conditional - 3.96 cubic feet per second of time.
9. The well is not registered in the Office of the State Engineer.
10. The applicant has applied 1.0 cubic foot of water per second of
time to the above uses.
11. Applicant intends to enlarge the facility and apply an additional
3.96 cubic feet of water per second of time to the above beneficial
uses.
The Referee does therefore conclude that the above entitled
application should be granted and that an absolute decree for 1.0 cubic
foot of water per second of time and a conditional decree for 3.96 cubic
feet of water per second of time is hereby awarded to the Anderson Well
No. 2 for domestic, irrigation and all other beneficial purposes, with
appropriation date of August 31, 1960, subject, however, to all earlier
priority rights of others, and to the integration and tabulation by the
Division Engineer of such priorities and changes of rights in accordance
with law.
As to the 3.96 cubic feet of water per second of time condition-
ally awarded, an Application for a Biennial Finding of Reasonable Diligence
shall be filed in June of 1974 and in June of every second calendar year
thereafter so long as the claimant desires to maintain the conditional water
right or until a determination has been made that the conditional water
right has become an absolute water .:ight.by reason of the completion of the
appropriation.
It is accordingly ORDERED that this ruling shall be filed with the
Water Clerk and shall become effective upon such filing, subject to judicial
review pursuant
to Section 148-21-20 CPS 1963 as amended (1971).
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division Engineer and the State Engineer.
Done at the City of Glenwood Springs, Colorado, this /Z
day of1� .-r-� , 1972.
I:o protrst wn3 filed in tt,in mntto:'
Th„, forDing ruli^r in corfirrod
e Z,r, : c,r.d, and is mdo the
Juu6mont end Decree of thin oourte
P(11/9/ //7 -
Dated:
ater Judge
BY THE REFEREE:
W to Referee
Wa er Division No. 5
State of Colorado
IN THE DISTRICT COURT IN AND
FOR WATER DIVISION NO.
STATE OF COLORADO
Application No. W-1310
IN THE MATTER OF THE APPLICATION )
FOR WATER RIGHTS OF SAMUEL ) RULING 'OF
WOODROW ANDERSON IN THE COLORADO ) REFEREE
RIVER IN GARFIELD COUNTY
FILED_.
• IN WATEiz
No. :r
DECD 21972
STATE Or COLORAO^
•
The above entitled matter having .been referred to the undersigned
as Water Referee for Water Division No. 5, State of Colorado, by the Water
Judge of said Court on the 12th day of July, 1972, in accordance with
Article 21 '.f Chapter 148, Colorado Revised Statutes 1963, as amended
(ChapLer 373 S.L. Colo. 1969), known as The Water Rights Determination and
Administration Act of 1969.
And the undersigned Referee having made such investigations as
are necessary to determine whether or not the statements in the application
are true and having become fully advised with respect to the subject matter
of the application does hereby make- the following determination and ruling
as the Referee in this matter, to -wit:
1. The statements in the application are true.
2. The name of the structure is Anderson Well No. 1.
3. The name of claimant and address is: Samuel Woodrow Anderson,
Route 1, Box 140, Rifle, Colorado.
4. The source of the water is a well having a depth of 18 feet.
5. The well is located in the SW 1/4 SW 1/4 of Section 17, T. 6S.,
R. 93W. of the 6th P.M. at a point whence the Southwest Corner
of said Section 17 bears S. 60°31'27" W. 804.90 feet.
6. The proposed use of the water is domestic, irrigation and all
other beneficial uses.
7. The date of initiation of appropriation is August 1960.
8. The amount of water claimed is: Absolute - 1.5 cubic feet per
second of time; Conditional - 3.46 cubic feet per second of time.
9. The well is not registered in the Office of the State Engineer.
10. The applicant has applied 1.5 cubic feet of water per second of
time since August 1960 to the above uses.
11. Applicant intends to enlarge the facility and apply an additional
3.46 cubic feet of water per second of time to the above uses.
The Referee does therefore conclude that the above entitled
application should be granted and that an absolute decree for 1.50 cubic
feet of water per second of time and a conditional decree for 3.46 cubic
feet of water per second of time is hereby awarded to the Anderson Well
No. 1 for domestic, irrigation and all other beneficial purposes, with
appropriation date of August 31, 1960, subject, however, to all earlier
priority rights of others, and to the integration and tabulation by the
Division Engieer of such priorities and changes of rights in accordance
with law.
As to the 3.46 cubic feet of water per second of time condition-
ally awarded, an Application for a Biennial Finding of Reasonable Diligence
shall be filed in June of 1974 and in June of every second calendar year
thereafter so long as the claimant desires to maintain the conditional
water right or until a determination has been made that the conditional
water right has become an absolute water right by reason of the completion
of the appropriation.
It is accordingly ORDERED that this ruling shall be filed with
the Water Clerk and shall become effective upon such filing, subject to
judicial review pursuant to Section 148-21-20 CRS 1963 as amended (1971).
It is further ORDERED that a copy of this ruling shall be filed
with the appropriate Division:Engineer and the .State Engineer.
Done at the City of Glenwood Springs, Colorado, this /Z
day of &4t , 1972.
No p.otort 1:a3 filed in thta matter.
Thu foregoini3 ruling is confirmed
ond is mado the
JuL6ment and Docroe of this court.
BY THE REFEREE:
Wate Referee
WI r Division No. 5
State of Colorado