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Eagle County, CO 201916436 <br />Regina O'Brien 10/02/2019 <br />Pgs: 13 12:25:59 PM <br />REC: $73.00 DOC: $0.00 <br />NONEXCLUSIVE ACCESS EASEMENT AGREEMENT <br />This NONEXCLUSIVE ACCESS EASEMENT AGREEMENT ("Agreement") is made and <br />entered into this3&Q^.day of September , 2019 (the "Effective Date"), by and <br />between Sentry Construction, Inc., an Illinois corporation whose address is P.O. Box 480, Edwards, <br />CO 81632 ("Grantor"), Rincon Partners LLC, a Colorado limited liability company, whose address <br />is P.O. Box 480, Edwards, Colorado 81632 ("Grantee"). Grantor, and Grantee may sometimes <br />singularly be referred to as a "Party" or collectively be referred to as the "Parties." <br />RECITALS: <br />A Grantor is the owner of certain property legally described in Exhibit A, attached hereto <br />and incorporated herein by this reference ("Grantor's Property"). <br />B. Grantee is the owner of certain property legally described in Exhibit B, attached hereto <br />and incorporated herein by this reference ("Grantee's Property"). <br />C. Grantor's Property and Grantee's Property are adjacent to each other. Grantor and <br />Grantee enter into this Agreement for Grantee to obtain a perpetual, nonexclusive access easement <br />across Grantor's Property to access Grantee's Property. <br />AGREEMENTS: <br />THEREFORE, in consideration of the payment of the sum of Ten and No/100ths Dollars <br />($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby <br />acknowledged, and subject to the terms and conditions hereof, the Parties agree as follows. <br />1. Access Easement. Grantor hereby grants, bargains, conveys, delivers, transfers, and <br />sells to Grantee, for Grantee's nonexclusive use and the nonexclusive use of Grantee's agents, <br />contractors, tenants, employees, customers, licensees, guests and invitees a perpetual, non- <br />exclusive easement over and across Grantor's Property for access to and from Grantee's Property and <br />for use by the means described in paragraph 2, below and as more particularly described and depicted <br />in Exhibit C attached hereto (the "Access Easement"). The Access Easement shall be an easement <br />appurtenant to Grantee's Property and shall inure to the benefit of Grantee's successors, subject to <br />the conditions set forth herein. The Access Easement may not be transferred, assigned or conveyed <br />apart or separately from Grantee's Property. <br />2. Restrictions on Use. Grantee's use of the Access Easement shall be for motor vehicle <br />and pedestrian access to and from Grantee's Property. The Parties acknowledge that Grantee may <br />make any lawful use of Grantee's Property, including, but not limited to, industrial and/or mining use. <br />Therefore, Grantee's use of the Access Easement by motor vehicle shall include all manner of motor <br />vehicle, including, but not limited to, heavy equipment, tractor, dump truck and semi -trailer and truck. <br />3. Construction and Maintenance. <br />Page 1 of 5 <br />Users/brucechapman/Dropbox/CLo/Young, Michael D/3175-32 Young Post Closing Pit Real Estate Work/Easement'raylor Property/NONEXCLUSIVE ACCESS <br />EASEMENT AGREEMENT 2019.09.1 R FINAL.docx <br />