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<br /> I After Recordation Return to:
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<br /> Miller,Gruber 8c Rosenbluth,LLC II5 0708510 0111111lll(N1111111IICc IIJII1111I
<br /> 20060708000723610 Adams Co i 9
<br /> 700 17th Street,Suite 2200 07/08/2006 02:2B,24PM $.00
<br /> I Denver,Colorado 80202 Carol Snyder Clerk $45 00
<br /> DIVERSION STRUCTURE EASEMENT AGREEMENT
<br /> IFor and in consideration of the sum of Twenty Thousand Dollars ($20,000.00) and other
<br /> good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged,
<br /> IF1ENDERSON AGGREGATE, LTD.., a Colorado limited partnership (the "Grantor"), hereby
<br /> grants,bargains,sells and conveys to the UNITED WATER&SANITATION DISTRICT,a quasi- -
<br /> I municipal corporation and political subdivision of the State of Colorado, whose address is c/o
<br /> Miller, Gruber & Rosenbluth, LLC, 700 17th Street, Suite 2200, Denver, Colorado 80202 (the •
<br /> I "District'), its successors and permitted assigns, a non-exclusive easement (the "Easement") to
<br /> construct,reconstruct, operate,maintain,repair, replace and/or remove certain diversion structure
<br /> improvements and appurtenances thereto (the "Improvements"), in, to, through, over, under and
<br /> Iacross certain parcels of real property located in Adams County, Colorado, as more particularly
<br /> described and shown in Exhibit A, attached hereto and incorporated herein by this reference(the 9
<br /> I "Premises"). Such Easement is granted by the Grantor and is accepted by the District pursuant to
<br /> the following teems and conditions: i
<br /> I1. The District,its agents,successors and permitted assigns,shall have and exercise the
<br /> right of ingress and egress in, to, through, over, under and across the Premises for any purpose
<br /> Inecessary for the construction, reconstruction, operation, use, maintenance, repair, replacement
<br /> and/or removal of the Improvements. Upon completion, the face of the District's diversion
<br /> I structure shall be adjacent to the lowest point of the channel(the thalweg)of the South Platte Rivet:.
<br /> 2. The Grantors successors and assigns,shall not construct or place any structure or
<br /> building,street light,power pole,yard light,mailbox or sign,whether temporary or permanent, or
<br /> Iplant any shrub,tree,woody plant,nursery stock,garden or other landscaping design feature on any
<br /> part of the Premises,except with the prior written consent of the District. Any structure or building,
<br /> Istreet light,power pole,yard light,mailbox or sign,whether temporary or permanent,or any shrub,
<br /> tree,woody plant,nursery stock,garden or other landscaping design feature of any kind situated on
<br /> I the Premises as of the date of this Easement or thereafter,except where the District has consented
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<br /> thereto, may be removed by and at the sole expense of the District in the District's exercise of its
<br /> Itights hereunder, without liability to the District therefor. Any structure or building, street,
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