HomeMy Public PortalAboutPAGE 155155
Special .'eeting of Tay 15 1229 (continued)
Agreement
This agreement ma~'Lo the 16th day of , ay,l 29,between
Jeffie I. Tykert, as first party,and the Town of Ault,assecond
party;both of 'Feld County,Cclorado.
Witnesseth:
That,in consideration of one dollar,to him in hand paid,
receipt of which is acknowledged, and in consideration of the
mutual covenants hereof,first party has s ld, a,nd conveyed to
sect �
second party the right of way for an undersgroundfpipelir e
art +
to begin with a well at the south line of the alley, in the inter
section with the ' !past half of second Street , of the Town of Ault
where a tile pl.pe is now under a dyke at that point, and said
pipeline shall run from said well in a southwesternly direction
across first party's lands,being that part of :he we -et half of
the northwest quarter(V NW , :)Of Section 13,lying sputh of Mc -
Glenn Addition to the Town of Ault;the length of said pipeline
to eb about 600 fOet,and its lower end to to discharge in the
east public road gutter along the west line of the north7est
quarter of said section 13,all being in Township 7 North,Range
66 Test of the 6th p . M. , in Weld County, Colorado.
Said pipeline shall be of joint cemented concrete tile
twelve inches in diameterlaid under ground below plow depth,
and shall be installed and the trench refilled all at the cost
of second party,and second party shall have the right of ingress
and egrees to install,re:,air,cperate,main'_-ain,an't reconstruct
it, for use =s a drain of waters raeching said well at its upper -
end and on the surface. Second party shall keep asid tile line
in good repair.
The further and final consideration hereof is, that each party
is hereby mutually released from any rights existing under ease-
ment,until now assertedby the Town of Ault and denied bv second
party, whereby the Town of -Ault claimed the right for an annual
charge, to discharge perpetually said waters on the surface into
second party's ditch imedi.ately south of said dike;and second
partyherby relinquished said claim of right to discharge said
water on the surface,and accepts,in lieuthereof,said pipeline
right of way herein granted;and both parties are discharged from
all liabilities and obligations under said asserted former ease-
ment,and the same is to be considered as canceled and void, and
all rights thereunder fully comproised and settled.
This agreement is in full compensation foe all damages which
could eb considered or accesedin first party's favorin any award
or verdict to condemn right of way hereby granted, and any damages
which second party might claim for any alleged interference here-
tofore by first party with said right claimed by the Town of Ault
to discharge water through said pipe on the surface upon first
person's land.
THIS AGREE:ENT shall inure to and bind the heirs,suceessors, a td
assigns of the respective parties.
Witness the hand and seal of the first party and the corporate
name of the Town of Ault herunto affixed by its Mayor and attested
by the Seal of its Town Clerk,both herunto duly authorized,the
day and year first above written.
Jeffir I. Tykert (San)
First Party.
The Town o- Ault Colorado,
Second party,
;Dv J Jacob �� Hasbrouck
U ''ay o r
Atu:est:
.r -.Smith
Town Clerk.
This AGREEMENT was Nfoordect at the County Clerk's office at Greeley
Colorado,at 9 O'Clock June 8 1929.