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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.