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<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.
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