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Feb-27. 2004 4:17PM
<br />EASEMENT DEED & AGREE, MENx
<br />No.8110 P. 1/5
<br />This Easement Deed is made this. 25th day of February, 2004 by and between Kim R.
<br />Lawrence and P.Andrew Tones, Special Administrators of the Estate of Floyd Xocam, aka Floyd
<br />William 'Yocam aka Floyd W. Xocam ( "GRANTOR "), and Orphan Wells of Wiggins LLC, whose
<br />address is P.O. Box 132, Wiggins, Colorado 80654 ("GRANTEE"),
<br />GRANTOR, for and in consideration of the sum of EIGHT THOUSAND FIVE HUNDRED
<br />DOLLARS ($8,500.00) paid by the GRANTEE to the GRANTOR, the receipt and sufficiency of
<br />which is hereby acknowledged, has granted, bargained, sold and conveyed, and by this Easement
<br />Deed does grant, bargain, sell, convey. and confirm to the GRANTEE, its successors and assigns
<br />forever, a permanent easement on, under, and across the property described on Exhibit A attached
<br />hereto and incorporated herein by this reference, located in Morgan County, Colorado ( "Property ")
<br />for the purposes of:
<br />1 . Testing, surveying, locating, installing, constructing, using, operating, maintaining,
<br />inspecting, repairing, altering, removing and replacing a river diversion well, several
<br />augmentation ponds and connecting underground pipeline(s);
<br />2. Protective fencing around the well site not to exceed 10,000 square feet of enclosed
<br />area; '
<br />3. Cutting and clearing trees, brush, debris9and other obstructions on the conveyed
<br />Property that might interfere with the operation and maintenance of GRANTEE'S
<br />activities and facilities on the Property; and
<br />4. Access for purposes of maintaining, inspecting, repairing, altering, expanding
<br />GRANTEE'S facilities across property owned by the GRANTOR that is contiguous to
<br />the Property with the GRANTOR'S consent, which consent shall not be unreasonably
<br />withheld.
<br />The GRANTEE shall:
<br />5. Install and maintain augmentation facilities so as not to interfere unreasonably with the
<br />ordinary agricultural operation of the Property or damage or affect yield of said
<br />property;
<br />6. Bear all expenses for the facilities to be installed including ponds, pipelines and wells.
<br />GRANTEE shall file for all permits and decrees for the river diversion well and
<br />recharge project and shall retain ownership of such rights until no longer desired, at
<br />which time GRANTOR has first right of refusal to acquire the facilities and water
<br />rights;
<br />7. Insofar as practicable, restore the surface of the ground over underground pipelines
<br />to its condition prior to installation, construction, maintenance, alteration, or
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