Elkhead Reservoir Final Acquisition Agreement

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Such easement is conveyed pursuant to and subject to the terms, conditions, rights and obligations of the Acquisition Agreement, between Grantor and Grantee, dated , 2004, tivhich Agreement shall sur~~ive this Deed. The terms and provisions of the Acquisition Agreement are incorporated herein by reference. The rights conveyed to the Colorado Water Conservation Board herein are expressly subject to, and will share Pro-Rata together with the retained interests of the River District, in any loss of storage space as a result of sedimentation in the Elkhead Reservoir Enlargement, any loss of storage water as a result of evaporation, any water shortage resulting from hydrological conditions, any v~~ater shortage resulting from an operational constraint on the Elkhead Reservoir Enlargement, and/or any constraint on the ability to release water from the Elkhead Reservoir Enlargement due to limitations on the outlet. Such easement shall be exclusive to Grantee for the purpose of storing water in the water storage space easement. The construction of any permanent structure or improvement on the real property encumbered by the exclusive easement is strictly prohibited. The Grantor, for itself, the public, and for the benefit of the Colorado Division of ~~Vildlife, reserves a right of access over and across the easement to access the Elkhead Reservoir Enlargement, together with a right of recreational access over, across, and within the storage space easement for recreational, hunting, fishing, reservoir management, and other like purposes. TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. Grantor will execute a Special Warranty Deed conveying to Grantee water storage rights decreed for use in the water storage space easement. TO HAVE AND TO HOLD the said premises above bargained and described with the appurtenances, unto the Grantee, its assigns forever. Grantor, for itself, its heirs and personal representatives or successors, does covenant and agree that it shall and will W AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the Grantee and itsassigns, against all and every person or persons claiming the whole or any part thereof, by, through or under the Grantor. I -2004+CIients~.Ri~~er District~31-Elkhead-1028~AgreementsLSpec V4'arranty Deed-finaLwpd December 20, 2004 Page Z of 3