Laserfiche WebLink
1RECEPTION#: 2016000095874, 11/07/2016 at 03:07:27 PM, 3 OF 12, State <br /> Documentary Fee $0.00 TD Pgs: 0 Doc Type:DD Stan Martin, Adams County, CO <br /> before exercising its rights of access and use, except in the case of an emergency. <br /> Reasonable advance notice by Grantee shall mean 24 hours' notice for routine <br /> use, operation and maintenance and seven (7) days' notice for major operations <br /> involving the repair, replacement or removal of the Equipment. Verbal notice to <br /> Grantor's designated representative is acceptable. Regardless of the foregoing <br /> notice requirements, Grantee shall have the right to immediate access to its <br /> Equipment in the event of an emergency. Upon Grantee's notice to Grantor for <br /> access, Grantor will advise Grantee of any rules and regulations, including safety <br /> rules, applicable to Grantee's access to and use of the Easements and Grantor <br /> Parcels. <br /> g. Grantee agrees that all of its activities on the Grantor Parcels will be <br /> conducted in accordance with standard industry practices and in compliance with <br /> all applicable laws, regulations, rules and codes of any governmental authority <br /> with jurisdiction. <br /> h. Grantee shall secure, maintain and comply with all required licenses, <br /> permits and certificates relating to, otherwise necessary or appropriate for, the <br /> construction, installation, repair, replacement and maintenance of the Equipment. <br /> i. Grantee acknowledges that the Easements are located within the <br /> boundaries of the Grantor's Section 112 Construction Materials Pen-nit No. M- <br /> 2004-044, Tucson South Resource, as approved by the Colorado Mined Land <br /> Reclamation Board, and that Grantor's sand and gravel mining operations and <br /> reclamation activities will occur within 200 feet of the Equipment to be <br /> constructed by Grantee. Grantee hereby waives any right to claim Grantor's <br /> operations on the Grantor Parcels are subject to minimum mining setback <br /> requirements and hereby grants permission to Grantor to mine in accordance with <br /> the setbacks outlined in the technical memorandum referenced in the Recitals, <br /> which includes the right to mine within twenty(20) feet from the centerline of any <br /> pipeline installed by Grantee in the Easements. Grantee further acknowledges <br /> and agrees that the aforementioned technical memorandum referenced in the <br /> Recitals and provided as part of this Deed and Agreement, and any engineered <br /> analysis summarized therein, satisfies Grantor's obligations under C.R.S. § 34- <br /> 32.5-115(4)(e) to demonstrate that the Equipment will not be damaged by the <br /> proposed construction materials excavation operations. <br /> 4. Except as provided herein, Grantor hereby agrees not to grant any additional <br /> subsurface rights or concurrent rights to the use of the Easement Property to any other <br /> party or entity without Grantee's prior written consent, which consent shall not be <br /> unreasonably withheld. Grantor shall not be obligated to obtain Grantee's consent for <br /> any subsequent sale, lease or other disposition of the mineral or aggregate estate of the <br /> Easement Property. <br /> 5. Each party (as a "Representing Party") represents to the other that the <br /> Representing Party has full power and authority to execute,deliver and perform this Deed <br /> 3 <br /> 1371S92.1 <br />