BOARD01678

• Board Meeting Date: 7/24/1995
• Description: Agenda or Table of Contents, Minutes, Memos
• Board Meetings - Doc Type: Meeting

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Easement granted herein, the payment of ten dollars ($10.00) for
the full term of this Easement, the receipt and sufficiency of
which is hereby acknowledged by Grantor, and the keeping and
performance of the covenants and agreements hereinafter ex-
pressed, Grantor grants to Grantee and Grantee accepts a nonex-
clusive Easement on, in, and across the Project Recreation Lands
property of the Grantor located within Reach 2 of the South
Platte River Channelization Project ("Project") which is more
fully described in Exhibit F and illustrated on Exhibit A.

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5. The Grantor grants this Easement upon the express
condition that the estate herein granted shall endure only so
long as the Grantee utilizes the Easement for the sole purpose
of constructing, operating, and maintaining the specific Public
Recreational Facilities identified in Exhibit D of Exhibit B.
The Easement includes the right of the Grantee to enter upon the
Grantor's project Recreational Lands for the specific purpose of
maintaining the Public Recreational Facilities identified in
Exhibit D of Exhibit B. In the event that any of the land
covered by this Easement is used by the Grantee for any purpose
other than the specific uses identified herein, then all of the
Grantee's right, title and interest in and to this Easement shall
become null and void and the lands covered by this Easement shall
absolutely revert to and revest in the Grantor, as fully and
completely as if this instrument had not been executed, without
the necessity for suit or re-entry. No act or omission on the
part of any beneficiary of this clause shall be a waiver of the
operation or enforcement of this provision.

6. Grantor reserves all rights to any and all water,
metallic and nonmetallic minerals, ores, and minerals of any kind
and character including, but not limited to coal, asphaltum, oil
and/or gas in or under the Easement granted herein.

7. The
commencing on
the day

term
the
of

of this Easement is for THIRTY (30) YEARS,
day of , 1995 and ending on
, 2025.

8. THE GRANTOR EXPRESSLY COVENANTS AND AGREES:

a. At the option of the Grantee, and if approved by
the Grantor, this Easement may be renewed for succes-
sive terms provided that: (1) Grantee has complied with
all the terms and conditions set forth herein, (2)
Grantee delivers written notice to Grantor of Grantee's
resolve and intention to exercise such option at least
180 calendar days prior to the last day of each of said
terms, and (3) payment in full of the consideration for

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