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1 <br />1 <br />I <br />r <br />1 <br />1 <br />J <br />1 <br />t <br />1 <br />1 <br />1 <br />C <br />GRANT OF EASEMENT <br />(Einspahr to Brannan) <br />This Grant of Easement (hereinafter 'Basement Agreement ") is entered into this 5th day <br />of January, 2015 by and between NORMAN J. AND CHARLENE R. EINSPAHR whose <br />address is 12840 Brighton Road, Brighton CO 80601 (hereinafter "Grantor ") and Brannan Sand <br />and Gravel Company, LLC, a limited liability company whose address is 2500 E. Brannan Way, <br />Denver, CO 80229 (hereinafter 'Brannan"). <br />WHEREAS, Grantor represents and warrants that Grantor is the owner in fee simple of a <br />parcel of real property situated in Adams County, Colorado more particularly described in <br />Exhibit A attached hereto (hereinafter "Property "); and <br />WHEREAS, Brannan desires, and Grantor is willing to grant, a non - exclusive perpetual <br />and temporary construction easement appurtenant on, over, under, through, and across the <br />Property in order to facilitate the construction, operation, maintenance, and repair of French <br />drain facilities and appurtenances. <br />NOW, THEREFORE, in consideration of the filling by Brannan of the Property as <br />directed by Grantor (with fill aten I th shall not exceed 10,000 c.y.) together with the <br />payment to Grantor of <br />,rte payment 1l r and No /100 Dollars ($ 50or ' J ), the <br />mutual covenants hereid exchanged, and for other good and valuable consideration, the receipt <br />and sufficiency of which is hereby acknowledged and confirmed; Grantor hereby grants, <br />bargains, sells and conveys to Brannan, its successors and assigns, in perpetuity, a non - exclusive <br />easement appurtenant on, over, under, through, and across the Property (hereinafter "Permanent <br />Easement ") for the construction, installation, operation, maintenance, alteration, reconstruction, <br />replacement, inspection, improvement, removal, cleaning, and repair of French drain facilities <br />and appurtenances, said Permanent Easement being more particularly described and illustrated in <br />Exhibit B attached hereto and made a part hereof by this reference, together with: <br />(a) The right of ingress to and egress from such French drain facilities and <br />appurtenances on, over, under, through, and across the Property; and <br />(b) A temporary construction easement, appurtenant on, over, under, through, and <br />across the Property (hereinafter "Temporary Construction Easement ") for the <br />initial construction and installation of French drain facilities and appurtenances, <br />said Temporary Construction Easement being more particularly described and <br />illustrated in Exhibit B attached hereto and made a part hereof by this reference, <br />and said Temporary Construction Easement to commence on the date first written <br />above and to terminate no later than 30 days after the completion of the initial <br />construction and installation of French drain facilities and appurtenances or <br />August 30, 2015, whichever first occurs; and <br />(c) All the rights and privileges necessary or convenient for the full enjoyment of the <br />above - mentioned purposes. <br />�: 1 ,_ <br />