PERMFILE49433 - Laserfiche WebLink

Home Browse Search

($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold, and conveyed, and by these presents does grant, bargain, sell, convey and confirm unto Schoger, their successors and assigns forever, an Easement for the conveyance of water across the Moltz Property as follows: ,/{ A nonexclusive, perpetual 20•foot wide utility Easement, under and across " '~~ a portion of Section,2~, Township [1`' South, Range~West of the 8'" Q- Principal Meridian, Chaffee County, Cobrado, (as particularly described on Exhibit C attached hereto) together with the right of Ingress and egress to and from said Easement, over and across the Moltz Property as more particularly described on the survey attached hereto as Exhibk D. 1. Puroose of Easement. The parties reaffirm and ratify Schoger's easement interest in the historic course and location of the Bray Ditch and Allen Extension, as appurtenant to the water right adjudicated on July 13,1897 in Case No. 1530. The parties hereby agree to modify the course and scope of the existing ditch easement, the exact terms of which are contained herein. 2. R,ebcatlon of Easement, Schoger hereby expressly consents and gives authorization to Moltz for the relocation of a portion of the Bray Ditch and Allen Extension which traverses the Mottz Property. This Easement Agreement memorializes MolTz's right ~ t to till and cover a portion of the Bray Ditch and Allen Extension open ditch, and to relocate this section approximately ~ feet east of its current IocaUon. Rs relocated, the Bray Ditch and Allen Extension water rights will be conveyed across a portion of the Moftz Property by an underground 30 inch pipeline, the course of which is more particularly described on the survey attached hereto as Exhibit D. 3. Scone of Easement. Moltz hereby grants to Schoger the right to access, construct, maintain, improve, repair, or replace any portion of the easement and the associated waterworks, as reasonably necessary to ensure the continued full and free passage of waterthrough the open ditch and underground pipeline which traverses the Moltz Property. The scope of this easement and the extent of Schoger's access rights with regard to this easement shall be twenty (20) feet wide, being ten (10) feet either side of the said easement, as more particularly described on the survey attached hereto as Exhitrit D. This right includes actions reasonably necessary for the convenient and proper use and maintenance of the ditch and/or pipeline and its associated watenwwrks, and includes the right of access thereto. 4. Reservation of Grantor. In granting this non-exdusive limited easement, MoIt2 hereby reserves the right to use the easement area for any purpose not inconsistent with the terms of the grant and/or the express purposes of the easement as stated herein. 5. Reoair and Maintenance. Moltz agrees to clear all debris from the intake grate located immediately upditch from the beginning of the 30 inch pipeline as necessary to F~tGiennSCnopMDrdh Rplpptgn Eas4neM Agreemerx.0821 O>T~vpA G Tta . Gqp L sic ~c c.Tt :n bF, it HTH:lTlr7J rtt]SNa.1 il3d:W0?Jd bb :90 50H2-B2-d35