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DEED OF EASEMENT <br /> THERESA L. WACKER and DONALD G. WACKER, as Grantors, grant and <br /> convey unto OGILVY AGUMENTATION COMPANY, a Colorado corporation, as Grantee, <br /> an easement and right-of-way over and across the real property described on Exhibit "A" <br /> attached hereto and incorporated herein by reference as though fully set forth, for purposes of <br /> constructing, maintaining, repairing, replacing and rebuilding a recharge pond or other <br /> impoundment of water, subject to the terms and conditions hereof. <br /> GRANTEE shall provide all reasonable and necessary maintenance to prevent soil <br /> erosion, noxious weeds, from time to time, and as may be necessary or appropriate under all <br /> circumstances then existing. GRANTEE shall provide planting of vegetation, as appropriate, to <br /> create ground cover, and shall maintain the same, from time to time. Should the recharge pond <br /> or impoundment not be utilized as part of an augmentation plan by GRANTEE, all rights of <br /> GRANTEE shall terminate. <br /> The within easement shall constitute a burden upon the land described on <br /> Exhibit "A" and shall be for the benefit of GRANTEE, and any successor or assigns thereof, <br /> provided, however,that nothing herein shall create rights of individual shareholders or owners of <br /> GRANTEE to use the described premises. This easement shall run with the land and shall be <br /> binding upon the parties hereto,their successors and assigns. <br /> -tti <br /> Dated and executed this 2 y day of <C 7-69 x, , 2008. <br /> • <br /> (Theresa L.Wacker) <br /> / <br /> C -14.ei j6 4L1 <br /> (Donald G.Wacker) <br /> STATE OF COLORADO ) <br /> ss. <br /> COUNTY OF WELD ) <br /> Subscribed and sworn to before me this c„?t-P2 day of October, 2008, by Theresa <br /> L. Wacker and Donald G. Wacker. <br /> My commission expires: 121, Ff �c 1 L <br /> / f • <br /> C{ n <br /> Notary Public =A ' •• <br /> ` � O}=OOs' <br />