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#.ECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 1 OF 12, State
<br /> Documentary Fee $0.00 TD Pgs: 0 Doc Type-:DD Stan Martin, Adams County, CO
<br /> EASEMENT DEED AND AGREEMENT
<br /> THIS EASEMENT DEED AND AGREEMENT ("Deed and Agreement") is
<br /> made this 24 4t"day of 0cs'-.,3 crz jK , 2016, by and between the AGGREGATE
<br /> INDUSTRIES-WCR, Inc., Colorado, corporation, whose address is 1687 Cole Blvd
<br /> #300, Golden, Colorado 80401 ("Grantor"), and TODD CREEK VILLAGE
<br /> METROPOLITAN DISTRICT, a Colorado metropolitan district, whose address is
<br /> 10450 E. 159th Ct.,Brighton, Colorado 80602 ("Grantee").
<br /> WHEREAS, Grantor owns certain parcels of land located County of Adams, State
<br /> of Colorado, and more particularly described on Exhibit A (the "Grantor Parcels"); and
<br /> WHEREAS, Grantee desires to obtain, and Grantor agrees to grant, three
<br /> perpetual nonexclusive easements (collectively, the "Easements") in, to, over, along,
<br /> upon and across those portions of the Grantor Parcels more particularly described and
<br /> depicted in Exhibit B-1, Exhibit B-2, and Exhibit B-3 attached hereto (collectively, the
<br /> "Easement Property"). The Easements applicable to the Easement Property depicted on
<br /> Exhibit B-1 and Exhibit B-2 are for the maintenance, operation, repair, replacement,
<br /> removal and use of one or more water conveyance facilities, pipelines and associated
<br /> appurtenances (the "Riverfront Easements"). The Easement applicable to the Easement
<br /> Property depicted on Exhibit B-3 is for the maintenance, operation, repair, replacement,
<br /> removal and use of one or more water pipelines and associated appurtenances (the
<br /> "Pipeline Easement")
<br /> WHEREAS, Grantor had previously made arrangements for a technical
<br /> memorandum summarizing the engineered mining setbacks for mining operations on the
<br /> Grantor Parcels.
<br /> WHEREAS, Grantor has provided a copy of the aforementioned technical
<br /> memorandum entitled Aggregate Industries Tucson South — East Cell Mining Easement
<br /> Descriptions dated December 2005 to the Grantee.
<br /> WITNESSETH, that the Grantor, for and in consideration of the sum of Ten
<br /> Dollars($10.00) and other good and valuable consideration,the receipt and sufficiency of
<br /> which are hereby acknowledged, does hereby grant, bargain, sell and convey unto the
<br /> Grantee, its successors and assigns, three perpetual nonexclusive easements ln, to, over,
<br /> along, upon, under and across the Easement Property, to be used by Grantee. The
<br /> Riverfront Easements are to be used for one or more water diversion and/or conveyance
<br /> facilities, wells, pipelines and associated appurtenances (collectively, the "Diversion
<br /> Equipment")but not including open ditches. The Pipeline Easement is to be used for the
<br /> maintenance, operation, repair, replacement, removal and use of one or more water
<br /> pipelines and associated appurtenances (collectively, the "Pipeline Equipment," and,
<br /> collectively with the Diversion Equipment, the "Equipment")), together with the right of
<br /> ingress and egress to and from the Grantor Parcels using existing roads and gates for the
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<br /> 1371892.1
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