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RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 2 OF 12, State <br /> Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO <br /> purpose of exercising the rights herein granted, and, if and when necessary, repairing or <br /> removing any appurtenances located on the Easement Property. Grantor reserves all <br /> rights, title and interest to the mineral and aggregate estate of the Easement Property <br /> subject only to the Grantee's rights as expressly granted herein. <br /> 1. Grantee shall be entitled to the perpetual, nonexclusive use of the surface and <br /> subsurface area of the Easement Property subject to the Riverfront Easements for use as <br /> necessary in connection with Grantee's use, operation, maintenance, repair, replacement <br /> or removal of the Diversion Equipment, including such portion of the Grantor Parcels as <br /> necessary for the purpose of ingress and egress. <br /> 2. Grantee shall be entitled to the perpetual, nonexclusive use of the subsurface area <br /> of the Easement Property subject to the Pipeline Easement for use as necessary in <br /> connection with Grantee's use and operation of the Pipeline Equipment, as well as the <br /> use of the surface as needed for maintenance, repair, replacement or removal of said <br /> Equipment, including such portion of the Grantor Parcels as necessary for the purpose of <br /> ingress and egress. <br /> 3. Grantee's use of the Easements is subject to the following conditions,reservations <br /> and limitations: <br /> a. In the event of disturbance of the ground surface in connection with <br /> Grantee's exercise of the rights herein granted, Grantee shall have the obligation <br /> to return the surface of the Grantor Parcels disturbed by it or its agents to <br /> substantially the same conditions as existed immediately prior to such activities, <br /> including any post-construction settlement of the ground surface. However, that <br /> nothing set forth herein shall be construed as a limitation on Grantee's permanent <br /> use of the surface of the Easement Property subject to the Riverfront Easements <br /> for Equipment and the exercise of the rights herein granted. <br /> b. Grantee shall install and maintain above-ground markers indicating the <br /> existence of its water pipeline and the alignment thereof. <br /> C. Grantee shall register any pipelines located within the Easement Property <br /> with the Underground Utility Notification Center of Colorado. <br /> d. Grantee shall use established roadways through the Grantor Parcels for <br /> ingress and egress to the Easement Properties where practical. <br /> e. Grantee shall not adversely impact or unreasonably interfere with <br /> Grantor's use and enjoyment of the Grantor Parcels including operations <br /> conducted thereon, subject only to the express rights granted to Grantee herein. <br /> f. Grantee agrees to abide by Grantor's reasonable rules and regulations, <br /> including safety rules, governing access to and use of the Grantor Parcels, <br /> including, but not limited to, providing reasonable advance notice to Grantor <br /> 2 <br /> 1371892.1 <br />