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<br />AGREZ}ffiNT, Made this 21st day of <br />Sr~ptel:lbC'r ,1977, between THE <br />ATCHISON, TOPEKA A.."lD SANTA FE RAIL- <br />WAY COXPANY, a corporation of the <br />State of Delaware (hereinafter called <br />"Santa Fe") party of the first part <br />&~d ARKANSAS RIVER CONSERVA."lCY <br />DISTRICT, a conservancy district <br />organized and existing under the <br />Conservancy Law of Colorado, 1973 <br />C.R.S., 37-1-101 through 37-8-101, <br />(hereinafter called "District") party <br />of the second part. <br /> <br />R E C I TAL S: <br />-------- <br /> <br />Santa Fe is the owner of and is operating a line of railroad into <br />and through the County of Bent, State of Colorado, with certain right of <br />way in and in the vicinity of Las Animas. <br /> <br />The U. S. Army Corps of Engineers is constructing a flood control <br />project, consisting of levees, channels and appurtenances, for the protection <br />of the City of Las Animas from flood waters of Arkansas River (hereinafter <br />referred to as "Improvements") for which the District desires to obtain a <br />right of way over and upon a portion of the right of way of the Santa Fe. <br /> <br />~ ~ ~ ! ! !:! ! ~ r: <br /> <br />ARTICLE I <br /> <br />Section 1.1. CONVEYA.."lCE BY SANTA FE. In consideration of the sum <br /> <br />of One Dollar ($1.00) and other good and valuable considerations, the receipt <br /> <br />of which is hereby acknowledged, and in further consideration of the covenants <br /> <br />and agreements of the District hereinafter set forth, Santa Fe does by these <br /> <br />presents convey and donate to the District a perpetual right and easement, <br /> <br />for the construction, maintenance and use of the Improvements upon and across <br /> <br />all that portion of Santa Fe's property (hereinafter referred to as "Premises") <br /> <br />in the County of Bent, State of Colorado, to-wit: <br /> <br />All that part of the Southwest Quarter (SW/4) of Section 10, <br />Township 23 South, Range 53 West, described as follows: <br />