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I 4 �■4 <br /> ` . <br /> 1 1 SALE AGREEMENT <br /> THIS AGREEMENT made and entered into this day of <br /> . 1916, by and between THOMAS C. VOLLEY and WAXY ALICE <br /> EILLIMGS and the MARY ALICE BILLINGS TRUST (hereinafter referred <br /> to as *Sellers•) , and the C:T! OF LOUISVILLE, a Colorado <br /> municipal corporation and political subdivision of the State of <br /> Colorado (hereinafter referred to as "Buyer") , <br /> NITNESSETHI <br /> WHEREAS, Sellers own seventy-six (76.0) shares of the <br /> capital stock of the Leyner Cottonwood Consolidated Ditch Company <br /> and three (3.0) shares of the capital stock of the Erie and Coal <br /> Creek Ditch and Reservoir Company ('Water shares') and <br /> WHEREAS, each of the shares outstanding in the companies <br /> represents a proportionate interest in the water rights <br /> priorities decreed in the name of said companies; and <br /> WHEREAS, Sellers desire to sell said water shares; and <br /> WHEREAS, Buyer desires to purchase said water shares for the <br /> purpose of using the water derived therefrom in its municipal <br /> water utility system; and <br /> WHEREAS, Sellers also own certain real property located in <br /> the North 1/2 of section 7, Township 1 North, Range 6B West, Weld <br /> County, Colorado; and <br /> WHEREAS, Buyer desires to obtain a right of way across <br /> Sellers' property for the purpose of installing, maintaining and <br /> operating certain water diversion, measurement, recording and <br /> transmission facilities. <br /> WOW, THEREFORE, in consideration of the mutual promises <br /> hereinafter contained, the parties hereto agree as follows; <br /> 1. Sellers agree to sell and Buyer agrees to purchase. <br /> free and clear of liens, taxes, assessments and encumbrances and <br /> subject to the conditions hereinafter set forth, the <br /> aforementioned seventy-six (76.0) shares of stock of the Leyner <br />