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ROBERT C. "BOB" BALINK El Paso County, CO
<br /> 03{03 .N 0�.1 Page
<br /> P1�
<br /> V.
<br /> Doc $0. Pagee
<br /> Rec $36.00 1 of 7 206032227
<br /> PERMANENT EASEMENT AGREEMENT
<br /> Corporation 5 6 �dr`J
<br /> This Permanent Easement Agreement ("Agreement") is made and entered into this 0day of �c6 20 U to ,by
<br /> and between Edward C. Levy Co dba Schmidt Construction, Inc. ("Grantor"), whose address is 2635 Delta Drive,
<br /> Colorado Springs,CO 80910,and the City of Colorado Springs,a Colorado home rule city and municipal corporation
<br /> ("Grantee"), on behalf of its enterprise Colorado Springs Utilities, whose address is 30 S. Nevada Avenue, Colorado
<br /> Springs,Colorado 80903(both Grantor and Grantee hereinafter collectively referred to as the"Parties").
<br /> Recitals
<br /> WHEREAS, Grantee has determined that its facilities described in Paragraph 1 should, for engineering and
<br /> maximum efficiency purposes,be constructed along a certain utilities corridor;and
<br /> WHEREAS, Grantor owns real property (the "Property"), described in Exhibit "A", through which Grantee's
<br /> facilities described in paragraph 1,as approved by Grantee,will pass;and
<br /> WHEREAS,the Parties hereby enter into this Agreement.
<br /> Covenants
<br /> NOW,THEREFORE,in consideration of the promises,mutual covenants and agreements contained herein,the Parties
<br /> agree as follows:
<br /> 1. Conveyance of Permanent Easement. For good and valuable consideration,Grantor hereby grants and conveys
<br /> to the Grantee a perpetual non-exclusive easement, (the "Permanent Easement") to enter, occupy and use the
<br /> property described in Exhibit B(which is the legal description of the Permanent Easement area and by this reference
<br /> is made a part hereof)to construct,reconstruct,use,operate,maintain,repair,patrol,replace,enlarge or remove one
<br /> or more pipelines, conduits, poles, vaults, meters, regulator stations, switches, transformers, valves, hydrants,
<br /> manholes, or any other utility structures (including, but not limited to communication facilities), and all necessary
<br /> underground or aboveground cables, wires and appurtenances thereto,including,but not limited to,electric or other
<br /> control systems, cables, wires, connections and surface appurtenances (the "Improvements") in, through, over and
<br /> across the Permanent Easement.
<br /> 2. Easement Mat). Exhibit"C",attached hereto and by this reference made a part hereof,is a graphic representation of
<br /> the aforementioned Permanent Easement. The legal description in Exhibit B describes, exclusively, the Permanent
<br /> Easement. in the event the legal description set forth in Exhibit B is inconsistent with the graphic representation in
<br /> Exhibit"C",said legal description shall control.
<br /> 3. Ingress and Egress. Grantee shall have and exercise the right of reasonable ingress and egress in,to,through,over,
<br /> under and across the Property for access to and from any roads, highways, streets, alleys or any other point to the
<br /> Permanent Easement in order to perform construction, reconstruction,operation, use, maintenance, repair, replacement
<br /> or removal of the Improvements. Except in emergencies, Grantee shall attempt to give Grantor reasonable advance
<br /> notice prior to exercising its rights of ingress and egress. To the maximum practicable extent,Grantee shall use existing
<br /> gates,roads,trails and facilities to avoid disruption of Grantor's operations on the property.
<br /> 4. Additional Construction. Grantee shall have the right to lay, construct, maintain, operate, alter, repair, patrol,
<br /> remove,change the size of and replace, at any time or from time to time, one or more additional Improvements and
<br /> appurtenances thereto within the Permanent Easement. Such right shall not be lost by mere passage of time,and Grantor
<br /> shall not stop,hinder or impede construction of such additional improvements or limit same.
<br /> 5. Grantor's Rights Unaffected. Except as provided in Paragraph 6 hereof,Grantor shall retain the right to make full
<br /> use of the Property, except for such use as might endanger or interfere with the rights of Grantee in its construction,
<br /> operation or maintenance of the Improvements. Grantor shall only perform or permit other persons or entities to perform
<br /> construction or other work within the Permanent Easement in accordance with the terms of this Agreement.
<br /> F02A-00011 (01/10/2006) Page 1 of 4
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