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I <br /> i <br /> s <br /> 4 <br /> EASEMENT AGREEMENT <br /> I <br /> THIS EASEMENT AGREEMENT(this"Agreement") is made as of this eAay <br /> of July, 2018, by and between Jason Darien, an individual ("Grantor") and Gallegos Masonry, <br /> Inc.,a Colorado corporation("Grantee"). i <br /> RECITALS <br /> A. Grantor owns the real property described on Exhibit C attached hereto (the <br /> "Property"). <br /> B. Grantee has operated a harvesting area on United States Forest Service ("USFS") <br /> land contiguous to the eastern boundary of the Property, in an area commonly known as the <br /> Conger Harvesting Area (the "Conger Harvesting Area"), currently approximately 23.33 acres, <br /> for which Grantee possesses a USFS Mineral Materials Permit and Colorado Department of <br /> Reclamation, Mining & Safety (DRMS) Construction Materials Regular (112) Operation <br /> Reclamation Permit (112 Permit), and a Gunnison County Minor Impact Land Use Change <br /> Permit(LUC) (collectively,the"Permits"). <br /> C. Grantee requires access to the Conger Harvesting Area for ingress and egress to <br /> and from County Road 3 across the Property on an existing dirt road (the "Existing Access <br /> Road")to the point of beginning of the proposed dirt access road 14 feet in width and thence to a <br /> point of entry onto the USFS land (the"Darien Access Road"), and a proposed staging area (the <br /> "Proposed Staging Area") as approximately depicted on the aerial photo attached hereto as <br /> Exhibit D. <br /> D. Grantor and Grantee intend to enter into a commercial transaction whereby in <br /> exchange for a non-exclusive easement to use the proposed Darien Access Road for ingress and <br /> egress to and from the Conger Harvesting Area and Gunnison County Road 3, Grantee shall: (i) <br /> pay for and supervise the construction of the Darien Access Road, which will remain as an <br /> improvement on the Property at the termination of this Agreement; (ii)pay Grantor an annual fee <br /> for use of the non-exclusive easement; and (iii) pay Grantor a sure certain per ton of mineral <br /> materials hauled from the Conger Access Road by means of the Darien Access Road. <br /> E. Access to the Conger Harvesting Area by means of the proposed Darien Access <br /> Road to the point of entry onto the USFS land and ingress and egress across the USFS land to the <br /> Conger Harvesting Area will require certain modifications to Grantee's Permits and approval by <br /> applicable governmental authorities (the "AGA")' before the Darien Access Road will be built <br /> and the Grantee's obligations to the Grantor hereunder arise. <br /> i <br /> F. Subject to the terms and conditions set forth herein, the parties have agreed to <br /> enter into this Agreement to confer upon Grantee a non-exclusive easement across the Property <br /> to the point of entry onto the USFS land by means of the proposed Darien Access Road to allow <br /> ' The "applicable governmental agencies" include but are not limited to, the Colorado Department of <br /> Reclamation,Mining&Safety,the USFS,and Gunnison County. <br /> i <br />