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FISHING AND HUNTING ACCESS EASEMENT IN GROSS <br /> (MidWestern) <br /> THIS FISHING AND HUNTING ACCESS EASEMENT IN GROSS (hereinafter referred to as <br /> the "Easement") is made and entered into this / day of , 200_ <br /> (hereinafter the "Effective Date"), by and between MIDWESTEkVARMS, LLP, whose <br /> mailing address is P.O. Box 246, Wiley, Colorado 81092 (hereinafter referred to as <br /> "Midwestern Farms" or"Grantor") and the STATE OF COLORADO acting by and through <br /> the DEPARTME'.T OF NATURAL RESOURCES, for the use and benefit of the DIVISION <br /> OF WILDLIFE and WILDLIFE COMMISSION, whose address is 6060 Broadway, Denver, <br /> Colorado 80216 (hereinafter referred to as "DOW," the "State," or "Grantee"). <br /> RECITALS <br /> A. WHEREAS, MidWestern Farms is the owner of certain real property located in Prowers <br /> County, Colorado, the general location of which is described as follows: <br /> Section 18, T23S, R42W, 6th P.M., at a point beginning at the west section line of said <br /> Section 18, south of the entry road and all lands along the south and west side of the <br /> gravel pit located thereon from a point beginning at the northern most parking area and <br /> extending south and east for approximately 3/8 of a mile to the eastern boundary as <br /> signed; and from the riparian area along the south section line of said section north a <br /> distance of 25ft as signed; to include access via the established road and parking areas. <br /> (hereinafter the "Property"); and <br /> B. WHEREAS, MidWestern Farms is in the process of excavating aggregate from the <br /> general area of the Property, which has resulted in the creation of a gravel pit, a portion of which <br /> has filled with water and is suitable for public fishing (hereinafter the "Gravel Pit"); and <br /> C. WHEREAS, DOW is the owner of certain real property also located in Prowers County, <br /> Coloradc t':at is immediately adjacent to a portion of the Propert,,. the general location of which <br /> is in Township.23 6outh, Rang_: 42 West, 6th P.M., Sectirri 19 (hereinafter.the "DOW's <br /> Property"); and <br /> 1). WHEREAS, the Parties intend pursuant to this Easement co grant to DOW certain rights <br /> to allow public access onto a portion of the Property and the Gravel Pit, and to facilitate public <br /> access to DOW's Property, which is presently land-locked; and <br /> E. WHEREAS, as consideration for this Easement, the Parties intend to enter into another <br /> agreement contemporaneous with this Easement whereby DOW shall provide augmentation <br /> water to MidWestern Farms in order to satisfy MidWestern Farms' obligation to replace <br /> evaporative losses of water associated with the Gravel Pit (hereinafter the "Augmentation <br /> Water Agreement"). <br /> Fishing&Hunting Access Agreement Granada SWA-Midwest Farms Page 1 of 7 <br />