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City Council Agenda and Packet 1986 09 16
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City Council Agenda and Packet 1986 09 16
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3/11/2021 1:46:57 PM
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City Council Records
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City Council Packet
Signed Date
9/16/1986
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CCAGPKT 1986 09 16
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. . _ .. <br /> G. Sellers warrant that they have good and sufficient <br /> title to the subject water rights, have the right and privilege <br /> to sell the sags, that there are no liens against the subject <br /> water rights, and that all current assessments are paid. <br /> 7. buyer agrees to pay any stock transfer fees to the <br /> above listed ditch companies. <br /> S. Sellers covenant to assist buyer, its agents, <br /> representatives and assigns, for no additional consideration, in <br /> establishing information relevant to the historical use of the <br /> subject water rights, including the execution of appropriate • <br /> affidavits and/or furnishing of testimony and appropriate <br /> administrative or judicial proceedings with respect to such water ' <br /> rights. Sellers warrant to Buyer that all required notices of <br /> any preemptive right to purchase the subject water rights have • <br /> been given and the appropriate time periods have elapsed. <br /> 9. Sellers represent that the water shares have been used <br /> for irrigation purposes and agree to procure an executed <br /> affidavit of historical use acceptable to Buyers' water attorney. <br /> 10. buyer shall bear all expenses of any water court <br /> proceedings regarding said shares to obtain permission for Buyer <br /> to make use of the water derived from the water shares in Buyer's <br /> municipal water utility system. Sellers shall cooperate fully <br /> with Buyer in any such proceedings and in the preparation for <br /> such proceedings, including allowing access to Sellers land for <br /> analysis or surveying, providing necessary testimony or executing <br /> any appropriate affidavits for Buyer. Sellers agree to <br /> permanently remove from irrigation all lands historically <br /> irrigated by the subject water shares and further agrees to <br /> execute a Monirrigation Covenant of the .fora attached hereto and <br /> incorporated herein by this reference. The lands historically. <br /> irrigated by the subject water shares are those indicated on the <br /> attached photocopy of a portion of a U.S.G.S. quadrangle map <br /> entitled Brie, Colorado, attached hereto and incorporated herein <br /> -4- <br />
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