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<br />t~. JliU <br />'C:" fll)"' <br /> <br />"'" <br />U <br /> <br />. <br /> <br />o <br /> <br />. <br /> <br />WHEREAS, in addition to the payment of a monetary <br />considera tion of FOUR THOUSAND FIVE HUNDRED DOLLARS <br />($4,500.00), the receipt of which is hereby acknowledged and <br />the "agreement on the part of the Company to construct one <br />livestock and vehicular crossing, the Owner has agreed to <br />convey said 50 foot easement to enable the construction of <br />said cement lined canal and further" enable the r.!ght. of <br />ingress and egress for the purposes of oons~ruction, <br />management, operation and maintenance of said canal, and <br /> <br />WHEREAS, the Owner wish to reserve unto himself, his <br />heirs, successors and assigns the right of access ~o said <br />canal for the purposes of withdrawing water therefrom to <br />provide water for any livestock that the Owner or his <br />lessees, may from time to time graze on the real property of <br />Owner. <br /> <br />NOW, THEREFORE, IN CONSIDERATION of the foregoing <br />recitations and for the good and valuable consideration <br />hereinabove set forth, the receipt and sufficiency of which <br />are hereby confessed and acknowledged, the Company and the <br />Owner hereby agree as follows: <br /> <br />1. GRANT OF EASEMENT. Owner hereby sells, conveys, <br />and grants to Company the Easement for the <br />construction, management, operation, and <br />maintenance of a cement lined canal as more <br />particularly hereinabove described and the Owner <br />warrants the title to said easement. The easement <br />is and shall be perpetual and exclusive; provided, <br />however, that Owner hereby reserves: (i) the right <br />to cross the easement by livestock and vehicular <br />traffic by use of the bridge to be constructed at <br />the sole:, absolute and exclusive expense of the <br />Company at a point directly east of the West <br />Quarter Corner of said West One-Half of Section <br />Fonrteen, Township Thirty-six North, Range Seven <br />East, N.M.P.M. on the traverse line' of 'said cement <br />lined canal. The width of the said bridge shall <br />be no less than 16 feet and shall be made to <br />wi thstand livestock and vehicular crossings. It <br />is mutually agreed the maintenance of the bridge <br />to be situated at said point, after installation <br />by the Company will be the sole and exclusive <br />responsibility of the Owner, successors and/or <br />assigns. <br /> <br />2. ACKNOWLEDGEMENT OF RESERVATION OF AN EASEMENT FOR <br />THE PURPOSE OF ENABLING THE WATERING OF LIVESTOCK. <br />Company hereby acknowledges the reservation of an <br />easement by Owner to enable the withdraw 1 of that <br />water sufficient to satisfy the needs of any <br />livestock which the Owner or his lessees may graze <br />on the real property belonging to Owner. <br /> <br />3. <br /> <br />RUNNING OF BENEFITS AND BURDENS. All provisions <br />of this instrument, including all benefits and <br />burdens shall run with the land of the O\'lncr .:lnd <br />the entire easement from the point of beginning to <br />its most northern end on the real property of <br />Owner are are binding upon and shall inure to the <br />benefit of both the Owner and the Company, their <br />successors and assigns. <br /> <br />"-~-..--~- <br />-- <br /> <br />4, <br /> <br />CONSTRUCTION. The rule of strict construction <br />does not apply to this instrument. This Easement <br />Deed shall be given a reasonable construction in <br />light of the intention of the Owner to confer to <br />the Company the right to construct, manage, <br />operate, and maintain a cement lined canal to <br /> <br />-2- <br /> <br />-,- <br />-----~ <br />-~ <br />-, <br /> <br />