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Sanders Gravel Pit <br /> Exhibit A-5:Easement for Existing Access Road <br /> context may require. References to a"Property" shall include each legally subdivided portion of <br /> such Property. <br /> 2. Establishment of Easement. The Brookshires hereby create,declare,establish and <br /> sell and convey to the Brookshires for the benefit of the Brookshire Properties, to Hostetler for <br /> the benefit of the Hostetler Property and to Warren Ranch for the benefit of the Warren Ranch <br /> Property, and Hostetler hereby creates, declares, establishes and sells and conveys to Hostetler <br /> for the benefit of the Hostetler Property, to Warren Ranch for the benefit of the Warren Ranch <br /> Property and to the Brookshires for the benefit of the Brookshire Properties a perpetual non- <br /> exclusive casement,on the terms and conditions set forth in this Agreement, for access and for a <br /> common private road and for underground utilities and underground and surface facilities <br /> associated with underground utilities (the "Easement"). The Easement its located in the <br /> Easement Area. <br /> 3. Purposes,Uses and Limitations of the Easement. <br /> (a) The Easement shall be perpetual and irrevocable and shall run with the <br /> Benefited Properties. Subject to the terms, conditions and restrictions set forth in this <br /> Agreement, the Easements shall benefit Owners of the Benefited Properties, their respective <br /> successors in title to the Benefited Properties and the entities providing utility services to the <br /> Benefited Properties, whether public or private, provided that utility service providers shall <br /> benefit from the Easement and may use the Easement only for the purpose of providing utility <br /> services to the Benefited Properties, The parking; or storing of vehicles,equipment or materials <br /> of any sort in the Easement Areas is prohibited. Further, except for the Entry Gate and except <br /> for one gate that may be constructed on the boundary between Parcel 3 of the Brookshire Family <br /> Property and the Hostetler Property and one gate that may be constructed on the boundary <br /> between the Hostetler Property and the Warren Ranch Property, gates shall not be constructed <br /> across the Common Road within the Easement Area. <br /> (b) Subject to the provisions of this Agreement, the purposes of the Easement <br /> are: <br /> A. To provide a way for vehicular,pedestrian and livestock access(within the <br /> Easement Area only) between Routt County Road 129 and the northern <br /> boundary of the Hostetler Property, for the benefit of each of the <br /> Properties benefited by the Easement. Without limiting the generality of <br /> the foregoing, subject to the provisions of this Agreement the Easement <br /> includes rights (i) to construct, maintain, reconstruct, improve, repair and <br /> use within the Easement Area the Common Road and Connecting Private <br /> Driveways, together with related improvements including the Entry Gate, <br /> shoulders, culverts, ditches, drainage facilities, perimeter fences, <br /> landscaping and similar improvements, and (ii) to plow, store and remove <br /> snow and ice which may fail or accumulate within the Easement Area, <br /> B. To provide a way for underground utilities of any type serving each of the <br /> Properties benefited by the Easement. Without limiting the generality of <br /> -3- <br /> 620829 /? <br /> 1111111111111111111111111111111111111111111111111111111 0Gy/23l2005 12 481 <br /> .e „ ,j.,,, rn raGr ly 0 171 as n a nta <br />