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Agreement
<br /> NOW THEREFORE, in consideration of the sum of TEN and no/100 dollars ($10.00) and other
<br /> good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, the
<br /> Parties agree as follows:
<br /> 1. Grant of Perpetual Easement. Grantor hereby grants,bargains, sells and conveys to Brannan, its
<br /> successors and assigns, a perpetual non-exclusive easement ("Perpetual Easement") to access,
<br /> construct, reconstruct, operate, maintain, repair, replace, upgrade, and/or remove certain drain
<br /> improvements and appurtenances thereto ("Improvements"), in, to, through, over, under and
<br /> across that certain portion of the Henderson Property as depicted on Exhibit D attached hereto
<br /> and made a part hereof(the"Easement Property").
<br /> 2. Grant of Temporary Easement. Grantor hereby grants, bargains, sells and conveys to Brannan, its
<br /> successors and assigns, a temporary easement ("Temporary Easement"), in, to, through, over,
<br /> under and across that certain portion of the Henderson Property as depicted on Exhibit E attached
<br /> hereto and made a part hereof ("Temporary Easement Area"), for the purpose of accessing the
<br /> Easement Property to stage for construction or maintenance of the Improvements, and the access
<br /> point for Brannan to the Temporary Easement will be via the Diversion Structure Easement
<br /> granted to United Water & Sanitation District by that certain Diversion Structure Easement
<br /> Agreement executed on July 8,2005 and recorded in the Adams County Colorado property records
<br /> on July 8,2005 at Reception No.20050708000723510.
<br /> 3. Operation and Use of Perpetual Easement and Temporary Easement Such Perpetual Easement
<br /> and Temporary Easement are for the benefit of Brannan Pit t29. The Perpetual Easement and
<br /> Temporary Easement are granted by the Grantor and are accepted by Brannan pursuant to the
<br /> following terms and conditions:
<br /> (a)Unless required by the applicable governing authorities, the Grantor, its successors and
<br /> assigns, shall not construct or place any structure or building, street light, power pole, yard
<br /> light,mailbox or sign,whether temporary or permanent,or plant any shrub,tree,woody plant,
<br /> nursery stock,garden or other landscaping design feature or street light or power pole,on any
<br /> part of the Easement Property, except with the prior written consent of Brannan. Unless
<br /> required by the applicable governing authorities,any structure or building,street light,power
<br /> pole,yard light,mailbox or sign,whether temporary or permanent,or any shrub,tree,woody
<br /> plant, nursery stock, garden or other landscaping design feature of any kind situated on the
<br /> Easement Property as of the Effective Date or thereafter,except where Brannan has consented
<br /> thereto,may be removed by and at the sole expense of Brannan in Brannan's exercise of its
<br /> rights hereunder, without liability to Brannan therefor. Unless required by the applicable
<br /> governing authorities,any structure or building,street,sidewalk,street light,power pole,yard
<br /> light, mailbox or sign, whether temporary or permanent, or any shrub, tree, woody plant,
<br /> nursery stock,garden or other landscaping design feature of any kind placed on the Easement
<br /> Property by Grantor, its successors and assigns, after the Effective Date without Brannan's
<br /> consent may be removed by Brannan at the expense of Grantor, its successors or assigns,
<br /> without liability to Brannan.
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