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<br />After Recordation Return to:
<br />Miller, Gruber & Rosallblutlt, L•LC 20050708000723650 Adams co i 9
<br />700 17'h Street, Suite 2200 1 07/08/2006 02:28:24PM $.00
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<br />Denver, Colorado 80202 Car-al Snyder 01drk $46 00
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<br />DIVERSION STRUCTURE EASEMENT AGREEMENT
<br />For 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 />PENDERSON AGGREGATE, LTD., a Colorado limited pattnership (the "Grantotj, hereby
<br />grants, bargains, sells and conveys to the UNITED WAIER & SANITATION DISTRICT, a quasi- :-
<br />municipal corporation and political subdivision of the State of Colorado, whose address is c%
<br />Millet; Gruber & Rosenbluth, LLC, 700 17th Street, Suite 2200, Denver, Colorado 80202 (the
<br />"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 />across 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
<br />"Premises'). Such Easement is granted by the Grantor and is accepted by the District pursuant to
<br />the following i`etms and conditions:
<br />1. The District, its agents, successors and permitted assigns, shall have and exercise the
<br />tight of ingress and egress in, to, through, over, under and across the Premises for any purpose
<br />necessary for the construction, reconstruction, opetation, use, maintenance, repair, replacement
<br />and/or removal of the Improvements. Upon completion, the face of the District's diversion
<br />structure shall be adjacent to the lowest point ofthe channel (the thalweg) of the South Platte River.
<br />2. The Grantor^ 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 />plant 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 />street 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 />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 />tights hereunder, without liability to the District therefor. Any structure or building, street,
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