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I - -. grant of Easement may encroach on Grantor, Grantee assumes all encroachment. lands not owned or controlled by responsibility for any such The Grantee understands and agrees that so long as the Grantor is the owner of the underlying fee interest to the subject property, the Grantor may, in its sole discretion, require the Grantee to relocate a portion or portions of the Grantee's facilities by giving the Grantee at least ninety (90) days prior written notice of such requirement. All relocation costs shall be paid by the Grantee. In the event the Grantee fails to relocate within ninety (90) days, the Grantor shall be allowed to perform such work and the Grantee shall pay to the Grantor, within thirty (3D) days of submission of costs by the Grantor, all direct and indirect costs for the same. The Grantee shall be responsible for recording this Agreement with the Clerk and Recorder's Office of County, Colorado and shall provide a conformed copy of the recorded agreement to the Grantor. All of the provisions of this Easement shall be binding upon all the parties hereto, their agents, contractors, successors and assigns, and shall run with the land. The signatories to this Easement aver that to their knowledge, no State employee has any personal or beneficial interest whatsoever in the property described herein. This Easement shall not be deemed valid unless and until approved by the officials and officers of the State of Colorado as required by Section 24-82-202, C.R.S. (1995 Supp.) and by the Controller of the State of Colorado, or such assistants as they may designate. IN WITNESS WHEREOF, the parties hereto have executed this instrument on the date first above written. GRANTOR: STATE OF COLORADO Roy Romer, Governor By For the Executive Director DEPARTMENT OF NATURAL RESOURCES Colorado Water Conservation Board Daries C. Lile, P.E., Director Page 5 of 7 pages