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NOU-12-20F11 12 ~ ~4 S ~W3R~RT41 10TLE CRNON C I TS' III IIIIIIIIIIIII III ?65 5774 P. 02%C19 <br />Pape: 1 e! 0 <br />11/06/200! 0~;1! JI_~~~ <br />.00 D 0.00 //"CC <br />ACCESS EASEMENT ~ <br />This ACCESS EASEMENT (the "Easement") is granted this L day of <br />,~, _, 2001, by THE CONSERVATION P'UND, a Maryland non-profit <br />corporation, 1 B00 Nottll Kent Street, Suite 1120, Arlington, VA 22209 Attention: <br />General Counsel ("Grantor"), to and for the benefit of CASTLE CONCRETE <br />COMPANY, a Colorado corporation, the address of which is 444 E. Costilla, P.O. Bo>; <br />1030, Colorado Springs, CO 80901 ("Grantee"). The following exhibits are attached <br />hereto and made a part of this Easement: <br />Exhibit A -Description of Grantor's Property - <br />Exhibit A-1 -Description of Gravel Mining Property s •- ~ •- - e <br />L•xhibit B -Map of Access Easement ~ y <br />RECITALS: <br />Jivisian a. i:vuc~.,~s ca.' C^~logy <br />A. Grantor is the owner of cettairt property in the NE1/4 SW 1/4 and the NW 1/4 <br />SE1/4, Section 13, T19S, R69W, Fremont County, Colorado, which is described <br />on the attached Exhibit A ("Grantor's Property"). The Grantor acquired the <br />Grantor's Property from the Grantee. <br />B. The Grantee leases property from Jessie M. Grisenti, James J. Grisenti, Sr. and <br />Joseph A. Grisenti, Sr., which ptopct'ty is described in the attached Exhibit A-1 <br />(the "Gravel Mining Property's and utilizes the Gravel Milting Property for a <br />sand and gravel mining operation. The Gravel Mining Property is adjacent to the <br />Grantor's Property on the north and east. Grantee intends to utilize this Easement <br />for the purpose of accessing the grave] mining operations and removing sand and <br />gravel from the Grave] Mining Property only. <br />C. Grantee's saltd and gravel mining operations on the Gravel Mining Property are <br />subject to State of Colorado Division of Minerals and Geology, Mined Land <br />Reclamation Boazd ("DMG") Permit No. M2001-005, dated May 23, 2001 (the <br />"DMG Permit"). <br />D. As part of the consideration for the sale of the Property the parties agreed [hat the <br />Grantor would grant this easement to the Grantee- <br />AGREEMENT: <br />Now therefore, f'or good and valuable consideration, the receipt and adequacy of <br />which the parties acknowledge, the Grantor hereby grants to Grantee an easement over <br />and across a portion of the Grantor's Property as follows: <br />GRANT OF EASEMENT. Grantor hereby grants to Grantee a Wort-exclusive <br />access easement thirty (30) feet. in width, over and across a tract of land in the <br />northerly 130 feet of the NEI/4 SWI/4 of Section 13, T19S, R69W in the <br />approximate location depicted on the attached Exhibit. B (the "Eosement <br />Property"). The easement may be used to construct, maintain and use an access <br />C'~wordola\[ct\blueheron\ucceu eascm<nt 2 <br />II/5,1001 <br />