000125
<br />841681
<br />G. The parties agree that it is necessary for the CWCB to assign the Easement to the USBR to
<br />enable it to construct, operate and maintain the Durango Pumping Plant and the USBR desires
<br />to accept the assignment subject to the conditions contained in the Deed and its attachments.
<br />H. By its signature on this assignment, the District consents to this assignment by the CWCB to
<br />the USBR.
<br />NOW THEREFORE, in consideration of the conditions cited above, mutual agreements
<br />between the parties hereto, and the benefits to be derived from the Animas -La Plata Project by the
<br />State of Colorado and the CWCB, the parties hereto consent and agree as follows:
<br />1. The CWCB hereby assigns to the USBR, subject to all reservations in the Deed, a
<br />perpetual easement over that portion of the Property reasonably necessary for the construction,
<br />operation, maintenance and replacement of the Durango Pumping Plant of the Animas -La Plata
<br />Project, The USBR shall determine the exact location and area of said Easement, based upon the
<br />plans and specifications for the Durango Pumping Plant, by December 31, 2008. The Property,
<br />depicted on the map attached as Exhibit B, is located in La Plata County, State of Colorado,
<br />containing Forty -six and twenty -seven hundredths (46.27) acres (the "Property"), more or less,
<br />described as follows:
<br />Township 35 North, Range 9 West of the N M P M , North of the Ogg Line
<br />That part of lots 4 and 11, in the West Half (W ' /Z) of Section 32, and more particularly described
<br />as follows:
<br />BEGINNING at a point on the South line of Lot 11 of said Section 32, whence the North West
<br />Section Corner of said Section 32 bears North 18° 40'38" West, 4131.17 feet,
<br />THENCE North 01 °01'00" East, 951.06 feet;
<br />THENCE South 88 °22'00" West, 35.64 feet, to the West line of said Lot 11;
<br />THENCE North 00 °59'00" East, 338.58 feet, along the line between Lot 11 and Lot 12, to the
<br />common corner of Lots 4, 6, 11 & 12 of said Section 32;
<br />TIENCE North 00 059'00" East, 706.86 feet, along the line between Lot 4 and Lot 6 of said
<br />Section 32;
<br />THENCE North 00 059100" East, 680.46 feet, along the line between Lot 4 and Lot 5 of said
<br />Section 32;
<br />THE North 00 °41'00" East, 295.30 feet, along the line between Lot 4 and Lot 5 of said
<br />Section 32;
<br />THENCE North 00 °41'00" East, 288.17 feet, along the line between Lot 4 and Lot 5, to the
<br />centerline of the Animas River;
<br />THENCE South 35 °48'00" East, 200.13 feet, along the said centerline of the Animas River;
<br />THENCE South 40 °31'00" East, 295.00 feet, along the said centerline of the Animas River;
<br />THENCE South 40 °04'00" East, 129.00 feet, along the said centerline of the Animas River;
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