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NOW THEREFORE, for good and valuable consideration, the receipt and <br />sufficiency of which are hereby acknowledged, Raymond and Gallegos, for themselves <br />and their respective successors and assigns, agree as follows: <br />1. Grant of Easement. Raymond grants to Gallegos, for the use and benefit <br />of Gallegos, its permitees, successors and assigns, a non - exclusive easement for ingress <br />and egress upon, over and across the Raymond Property on the Private Access Road <br />depicted on Exhibit C, for the purpose of accessing the USFS Mineral Material Permit <br />Area, quarrying stone therefrom and transporting such quarried stone from the USFS <br />Mineral Material Permit Area together with an exclusive easement to use certain <br />staging areas as more particularly described hereinafter in connection with Gallegos' <br />quarry operations (collectively the "Easement "). Raymond retains the personal right to <br />use the Easement. <br />2. Staging Area. The initial staging area shall be located on the current <br />home site created by prior harvesting activities on the Raymond Property. Gallegos <br />acknowledges that Raymond intends on constructing a residence on this home site <br />and when he elects to do so, the parties agree that the staging area shall be moved to <br />the northwest corner of the Raymond Property adjacent to the Forest Service land in a <br />location to be agreed to by Raymond and representatives of Gallegos ( "Staging Area "). <br />3. Term. The Easement granted in this Agreement shall commence upon <br />Gallegos' receipt of the required U.S. Forest Service, State of Colorado and Gunnison <br />County permits (collectively the "Permits ") for quarry operation on the USFS Mineral <br />Material Permit Area and shall continue for so long as Gallegos is harvesting surface <br />stone therefrom. <br />4. Conditions. Raymond's grant of the Easement provided for herein is <br />subject to the following conditions: <br />a. The distance for rock excavation above the Raymond Property will <br />be no more than 144 feet from the west, north, south boundary line. <br />b. There will be no trees removed or killed above any of the Raymond <br />Property. <br />C. There will be no frees removed or killed for 100 feet west of the west <br />boundary line of the Raymond Property. <br />5. Road Maintenance. Within five (5) business days after the execution of <br />this Agreement, Gallegos agrees to pay to Raymond the sum of Thirteen Thousand <br />Dollars ($13,000) to be used by Raymond for improvements and maintenance of the <br />Private Access Road. Raymond agrees to use such funds to reasonably maintain the <br />Private Access Road. Raymond shall have the right to improve the road as he deems <br />appropriate. To the extent that this provision contradicts the Road Use and <br />Easement Agreement <br />2 <br />