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RECEPTION#: 2013000079891, 09/12/2013 at 11 :00:00 AM, 1 OF 8, TD Pgs: 0 Doc <br /> Type:EAS Karen Long, Adams County, CO <br /> After recording return to: <br /> Becky J. Rigo <br /> Berg Hill Greenleaf& Ruscitti LLP <br /> 1712 Pearl Street RECORDED AS RECEIVED <br /> Boulder, Colorado 80302 <br /> EASEMENT AGREEMENT <br /> This Easement Agreement(this"Agreement") dated M(Xr10, 2013 ("Effective Date")is by and <br /> between Thomas Jacob Frei GST Trust dated Dec tuber 20, 2011 ("Grantor"), and Henderson <br /> Aggregates, Ltd. and its successors and assigns ("Grantee"). Grantor and Grantee may be referred to <br /> herein collectively as the"Parties"and individually as a"Party". <br /> Recitals <br /> A. Grantor is the owner of that certain real property commonly known as 13305 Brighton Road, o <br /> unincorporated Adams County,Colorado and legally described as: o <br /> See EXHIBIT B attached hereto and made a part hereof(the"Grantor Property"). H <br /> S <br /> B. Grantee is the owner of that certain real property located in Adams County, State of Colorado, <br /> commonly known as 13405 Brighton Road,unincorporated Adams County,Colorado and legally <br /> described as: <br /> See EXHIBIT C attached hereto and made a part hereof (the "Grantee" <br /> Pro ert '). <br /> C. Grantee has historically used an existing approximately 30' wide dirt driveway to access <br /> Grantee's property to/from a portion of the Grantee Property to the South of the Grantor Property <br /> (the "Access Easement") through, in, upon, over and across Grantor's Property as more <br /> particularly described on EXHIBIT A attached hereto and made a part hereof(the "Easement <br /> Property"),to/from a portion of the Grantee Property to the North of the Grantor Property. <br /> D. To establish the historical use, avoid any ambiguity and in an abundance of caution, Grantor and <br /> Grantee desire to expressly describe and grant the Access Easement pursuant to the terns and <br /> conditions contained in this Agreement. <br /> Agreement <br /> NOW THEREFORE, in consideration of the mutual covenants contained herein and other good <br /> and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties <br /> hereby agree as follows: <br /> 1. Preamble. The recitations hereinabove set forth in the preamble are hereby adopted <br /> by this reference and incorporated herein, the same as though set forth in full context. <br /> 2. Grant of Easement. Grantor hereby grants to Grantee a non-exclusive perpetual access <br /> easement through, in, upon, over and across all portions of the Easement Property to accommodate <br /> vehicles, equipment and machinery, including but not limited to trucks, tractors, trailers and other <br /> machinery and equipment, subject to the terms and conditions of this Agreement. Grantor agrees not to <br /> Page 1 of 8 <br /> 715272 <br />