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3 -01 -204 9 : 58AM FROM P. G
<br />EASEMENT DEED
<br />This Easement Deed is made this 5th day of February, 2004, by and between the Sherman
<br />Pope Trust whose address is, 420 S. Sherman Street, Fort Morgan, Colorado 80701
<br />( "GRANTOR "), and Orphan Wells of Wiggins LLC, whose address is P.O. Box 132, Wiggins,
<br />Colorado 80654 ( "GRANTEE ").
<br />GRANTOR, for and in consideration of the sum of ONE THOUSAND THREE HUNDRED
<br />DOLLARS ($1,300.00) 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 non - exclusive easement on, under, and across the property described on
<br />Exhibit A attached hereto and incorporated herein by this reference, located in Morgan County,
<br />Colorado ( "Property "); for the purposes of
<br />Surveying, locating, installing, constructing, using, operating, maintaining, inspecting,
<br />repairing, altering, removing and replacing a buried water pipeline, in whole or in
<br />part, and all necessary subsurface and surface appurtenances for the transportation of
<br />water and the operation and control of water facilities;
<br />2. Marking the location of the Property and pipeline or pipelines thereunder by suitable
<br />markers set and maintained in the ground at locations which shall not interfere with
<br />such reasonable use as GRANTOR shall make of the Property under the terms of this
<br />Easement Deed;
<br />Cutting and clearing trees, brush, debris and other obstructions on the Property that
<br />might interfere with the operation and maintenance of GRANTEE'S activities and
<br />facilities on the Property; and
<br />4, Access for purposes of maintaining, inspecting, repairing, altering, removing and
<br />replacing a buried water pipelines across property owned by the GRANTOR that is
<br />contiguous to the Property with the GRANTOR'S consent, which consent shall not be
<br />unreasonably withheld.
<br />The GRANTEE shall.
<br />5. Insofar as practicable, bury all pipe and communication and controls to a sufficient
<br />depth at the time of construction so as not to interfere unreasonably with the ordinary
<br />cultivation of the Property;
<br />6. Insofar as practicable, restore the surface of the ground to its condition prior to
<br />installation, construction, maintenance, alteration, or replacement of the pipeline
<br />and appurtenances thereto;
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