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EASEMENT AND RIGHT OF WAY AGREEMENT <br /> This Easement and Right of Way Agreement ("Agreement") is entered into this 2 day <br /> of ,, Qe, , 1A,, 2009, by and between Fort Morgan Reservoir and Irrigation Company <br /> ("Grantee"), and Emanuel Rothe ("Grantor"). <br /> Recitals <br /> WHEREAS, Grantee operates a plan for augmentation and recharge program pursuant to <br /> a decree in Case No. W-2692, entered by the Water Court, Division No. 1 on April 22, 1985, and <br /> supplemental and additional decrees pertaining to said plan of augmentation and recharge <br /> program under the Fort Morgan Company canal system("Augmentation Plan"); and <br /> WHEREAS; Grantor owns certain real property in Morgan County, Colorado, as <br /> described in Exhibit A, attached hereto and incorporated herein by reference, and referred to <br /> herein as"Grantor's Property;" and <br /> WHEREAS, Grantee wishes from time to time to deliver water that may be legally <br /> available to Grantee for augmentation purposes and for diversion from the South Platte River <br /> ("Augmentation Credits") to a recharge facility or facilities located on certain real property <br /> situated South of Grantor's Property, and Grantee therefore requires certain easements and rights <br /> of way over, across, in and through Grantor's property in order to effectuate such delivery; and <br /> WHEREAS, Grantor desires to convey certain easements and rights of way as herein <br /> provided; <br /> THEREFORE, IN CONSIDERATION of the promises and agreements set forth below, <br /> and for other good and valuable consideration, the receipt and sufficiency of which is hereby <br /> acknowledged, the parties agree as follows: <br /> 1. Grant of Easement. Grantor does hereby grant and convey Grantee a perpetual <br /> non-exclusive easement and right of way (the "Easement") for the purposes of excavation, <br /> installation, operation, use, maintenance, repair, replacement, and removal of a water pipeline or <br /> pipelines ("Water Pipeline"), and appurtenances and facilities associated therewith for the <br /> transportation of water. The Easement is located on, over and through Grantor's Property, and is <br /> specifically described as a strip of land thirty (30) feet in width, centered on the Water Pipeline, <br /> and described as follows: <br /> A strip of land 30 feet in width as shown on the map attached as Exhibit A, in the <br /> SW1/4 of Section 8, Township 4 North, Range 59 West of the 6th P.M., Morgan <br /> County, Colorado. <br /> 1 <br />